Повноваження держави щодо втручання у реалізацію батьківських прав (на прикладі Німеччини)

The article examines the legal mechanisms for establishing state guardianship, specifically full custody of a child, as provided by § 33 of Book VIII of the Social Code regarding the transfer of guardianship rights to the Jugendamt. Particular attention is given to the issue of territorial jurisdiction of the child welfare service, according to § 86 of Book VIII, which depends on the length of time the child has spent in a foster family. The legal consequences for biological parents in cases of parental rights deprivation, as well as their right to participate in the child’s life under § 1666 of the German Civil Code, are analyzed. Provisions of German law, specifically Book VIII of the Social Code and the German Civil Code, grant state authorities such as the Jugendamt broad powers in matters concerning the residence, education, and medical care of children. German services have the right to intervene in child-rearing and even remove children from the family without a court decision if the child is in danger, which differs significantly from Ukrainian legislation. In Ukraine, state intervention is a last resort, and the protection of parental rights is stronger. In Germany, however, priority is given to the protection of the child, even if it conflicts with parental rights. The main goal of the study was to explore the scope of the powers of the German child welfare service in matters of establishing custody of a child whose parents have been deprived of their parental rights and to examine the possibility of such parents participating in their child’s upbringing. The results of the analysis showed that the Jugendamt has the legal right to represent the child in all aspects of their life. German legislation allows guardianship authorities to respond effectively to the child’s needs, including constant monitoring of the conditions in the foster family. German law also provides for the possibility of maintaining contact between biological parents, even if they have been deprived of parental rights (as long as it does not contradict the child’s best interests). Court decisions in such cases are made taking into account the specific circumstances of each case, ensuring a balance between parental rights and the child’s best interests. The research demonstrates that in Germany, priority is given to the child’s well-being over parental rights, as reflected in the broad powers of guardianship services and prompt intervention in cases where the child is at risk.