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14 AVRIL 2013. - An Act to amend sections 1231-33/1, 1231-33/3, 1231-33/4 and 1231-33/5 of the Judicial Code with a view to simplifying the procedure for the extension of the time limit to be adopted (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In article 1231-33/1, paragraph 2, of the Judicial Code, inserted by the Act of 30 December 2009 on various provisions concerning Justice (II), the words "and a certificate of household composition" are inserted between the words "The adopter or adopters transmit a copy of the request" and the words "to the competent community central authority".
Art. 3. Section 1231-33/3 of the same Code, inserted by the Act of 30 December 2009 on various provisions concerning Justice (II), is replaced by the following:
"Art. 1231-33/3. § 1er. Upon receipt of the request, the Registry shall promptly address the competent Community Central Authority which shall examine all relevant elements.
§ 2. If it is the result of this review that the situation of the adopter(s) has not undergone any change that may alter the suitability found in the original aptitude judgment, the competent community central authority shall transmit to the Registry, within one month, a substantiated certificate in order to inform the court.
§ 3. If it is the result of this review that the situation of the adopter(s) has undergone changes that may alter the suitability found in the initial aptitude judgment, the competent central community authority shall inform the endeavor of the matter within the month and conduct a social inquiry without delay.
The Competent Community Central Authority shall transmit to the Registry an update of the report of the social inquiry established under the procedure for determining the suitability to be adopted within three months of the receipt of the mail of the Registry referred to in § 1er.
The update of the report of the social investigation is carried out by the competent authorities to prepare the report of the initial social investigation.
The update includes an assessment of the current situation of the opponent or adopters and describes possible elements that may affect the suitability to adopt.
§ 4. If the Registry fails to have been informed by the competent central community authority of the situation of the adopter(s) within the period of one month provided for in §§ 2 and 3, the adopter(s) shall be presumed to be in a situation identical to that found in the original aptitude judgment".
Art. 4. In article 1231-33/4 of the same Code, inserted by the law of 30 December 2009 on various provisions in the field of Justice (II), the words "In the three days of the filing at the office of the updating of the report of the social inquiry, the opponent or the adopters shall be summoned by judicial fold:" are replaced by the words "In so many cases referred to in article 1231-33/3, the ad § 3, the adoption
Art. 5. ÷ article 1231-33/5 of the same Code, inserted by the Law of 30 December 2009 on various provisions concerning Justice (II), the following amendments are made:
1° in paragraph 1er, the sentence "The court shall decide within fifteen days of the hearing on the extension of the time limit for the opponent or adopters to make an international adoption. » is replaced by the sentence:
"The court shall decide on the extension of the discretion of the opponent or adopters to make an international adoption within fifteen days of the receipt of the substantiated certificate of the competent central community authority in the cases referred to in Article 1231-33/3, § 2, within fifteen days of the hearing in the cases referred to in Article 1231-33/4, or within fifteen days after the expiry of Article 12/3, §
2° in paragraph 2, second sentence, the words "of the hearing" are replaced by the words "of the filing of the request".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 14 April 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) 2010-2011 session.
Senate.
Documents. - Bill by Mr. Guy Swennen et al., No. 5-1146/1.
Session 2011-2012.
Senate.
Documents. - Amendments, No. 5-1146/2.
Session 2012-2013.
Senate.
Documents. - Amendments, No. 5-1146/3. - Report made on behalf of the commission, No. 5-1146/4. - Text adopted by the commission, No. 5-1146/5. - Text adopted in plenary and transmitted to the Chamber, No. 5-1146/6. - Draft amended by the House and referred to the Senate, No. 5-1146/7. - Decision to join the draft amended by the House, No. 5-1146/9.
See also:
Annales n° 5-90 : 31 January 2013.
Annales n° 5-96 : 21 March 2013.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 53-2625/1. - Amendments, No. 53-2625/2. - Report made on behalf of the Justice Commission, No. 53-2625/3. - Text adopted by the Justice Commission, No. 53-2625/4. - Text amended by the House of Representatives and referred to the Senate, No. 53-2625/5.
See also:
Full report: 7 March 2013.