Posted the: 2013-05-27 Numac: 2013009189 FEDERAL JUSTICE PUBLIC SERVICE April 14, 2013. -Act to amend sections 1231-33/1, 1231-33/3, 1231-33/4 and 1231-33/5 of the Judicial Code to simplify the procedure to extend the time of fitness to adopt (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. section 1231-33/1, paragraph 2, of the Judicial Code inserted by the law of December 30, 2009, relating to the provisions on Justice (II), the words "and proof of household composition" are inserted between the words 'the adoptive parent or the adoptive parents shall transmit a copy of the request' and the words ' the competent Community central authority.
S. 3 section 1231-33/3 of the same Code, inserted by the Act of 30 December 2009 on various provisions on Justice (II), is replaced by the following: «art.» 1231 33/3. § 1. Upon receipt of the request, the registry address without delay to the competent Community central authority that examines all the relevant elements.
2. If it is clear from this review that the situation of the adopters suffered no change likely to affect suitability established by the original judgment of fitness, the competent Community Central Authority transmits at the registry, endeans the month, proof reasoned in order to inform the Court.
§ 3. If it is clear from this review that the adoptive situation underwent changes capable of altering capacity recorded by the original judgment of fitness, the competent Community central authority shall notify the registry endeans the month and proceeds without delay to a social survey.
The competent Community Central Authority transmits to the registry an update of the social survey report prepared in the context of the procedure for declaration of suitability to adopt within a period of three months from the receipt of mail from the target registry to the § 1.
The update of the report of the social survey is performed by the competent services to establish the initial social survey report.
The update includes an assessment of the current situation of the adopter or adopters and described possible elements that may have an impact on the ability to adopt.
§ 4. Default for the registry of having been informed by the competent Community central authority of the situation or adoptive parents within the time limit of one month provided for in §§ 2 and 3, the adoptive parents are presumed to be in an identical situation to that found by the original judgment of fitness".
S. 4. in article 1231-33/4 of the Code inserted by the law of December 30, 2009, relating to the provisions on Justice (II), the words ' within three days of filing in the registry of the update of the report of the social survey, adopting or adoptive parents are summoned by judicial fold:» are replaced by the words "in cases referred to in article 1231-33/3. «, § 3, the adopter or adopters are summoned by legal fold within three days of the deposit at the registry of the update of the report of the social survey:
S. 5 ÷ section 1231-33/5 of the same Code, inserted by the law of December 30, 2009, relating to the provisions on Justice (II), the following changes are made: 1 ° in the paragraph 1, the sentence "the tribunal shall decide within 15 days of the hearing on the extension of ability of the adoptive parent or the adoptive parents to an adoption international." is replaced by the
: "The tribunal shall decide on the extension of ability of adopting or of the adoptive parents to undertake an intercountry adoption within fifteen days of receipt of the certificate reasoned the community central 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 following the expiry of the period of one month in the case referred to in article 1231-33/3. , § 4 »;
2 ° in paragraph 2, second sentence, "of the hearing" shall be replaced by the words "from the filing of the application".
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, April 14, 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2010-2011.
Documents. -Proposal of Mr. Guy Swennen et al., nr. 5 1146/1.
Documents. -Amendments, no. 5-1146/2.
Documents. -Amendments, no 5-1146/3. -Report on behalf of the Committee, no. 5-1146/4. -Text adopted by the commission, no 5-1146/5. -Text adopted in plenary session and passed in the House, no 5-1146/6. – Draft amended by the House and sent to the Senate, no. 5 - 1146/7. -Decision to join the draft as amended by the House, no. 5-1146/9.
See also: record No. 5-90:31 January 2013.
Record No. 5-96:21 March 2013.
House of representatives.
Documents. -Draft transmitted by the Senate, no. 53-2625/1. -Amendments, no. 53-2625/2. -Report made on behalf of the Committee on justice, no. 53-2625/3. -Text adopted by the Committee on justice, no. 53-2625/4. -Text amended by the House of representatives and sent to the Senate, no. 53-2625/5.
See also: full report: March 7, 2013.