Posted the: 2012-05-07 Numac: 2012009195 FEDERAL JUSTICE PUBLIC SERVICE April 11, 2012. -Bill to enable the regulation of adoption procedures carried out abroad by persons habitually resident in Belgium (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Modification du Code civil art.
2. in the book first, title VIII, chapter II, section 3, of the civil Code, inserted a new § 2/1, with article 365-6, as follows: § 2/1. Notwithstanding clause in the recognition of adoptions in the best interests of the child.
S. 365-6. § 1. When the adoption of a child whose habitual residence is located in a foreign State was established before the adoptive parent or the adoptive parents habitually resident in Belgium, have followed the preparation organized by the Community competent and obtained the judgment declaring qualified and able to carry out intercountry adoption in accordance with article 361-1, the Federal central authority examining the case.
§ 2. As derogatory and totally unique, the federal Central Authority authorizes the adoptive parent or the adoptive parents to initiate the procedure laid down in article 361-1 if the five following cumulative conditions are met: 1 ° the adoption has not been established for the purpose of fraud to the law;
2 ° the child is related to the fourth degree, the adoptive parent, spouse or his cohabitant, even died, or the child permanently shared daily life of the adopter or adopters in a relationship of parental-type until they have accomplished any approach whatsoever for the adoption;
3 ° except if it is the child of spouse or cohabitant of the adoptive parent, the child is not alternative sustainable family international adoption-type support, given his overriding interest and rights recognized by virtue of international law;
4 ° the conditions for the recognition referred to in articles 364-1 to 365-5 can be met;
5 ° the competent Community central authority makes a reasoned opinion with regard to articles 361-3 and 361-4 and the situation of the child.
3. Articles 367-1 and 367-3, § 1 and § 3, paragraph 1, shall apply.
§ 4. Central authorities shall mutually exchange the information collected.
§ 5. When the federal Central Authority receives the copy of the judgment declaring the adopter or adopters qualified and able to carry out an international adoption, it shall decide on the application for recognition of the foreign judgment of adoption in accordance with articles 364-1 to 365-4. "CHAPTER 3. -Disposition transitional art. 3 § 1.
When the federal Central Authority has issued a refusal of recognition of adoption prior to the entry into force of this Act, reasoned on the basis of non-compliance with article 361-1 of the civil Code, and where appropriate on the basis of another ground for non-recognition provided for in articles 364-1 to 365-4 of the civil Code, the adopter or adopters can seize the Federal central authority to request the application of article 365-6 of the civil Code.
If the adopter or adopters receive the authorisation referred to in article 365-6 of the civil Code, and obtain a judgment declaring qualified and able to carry out an international adoption, the federal Central Authority may take a decision once again on the recognition of the Act or the decision effecting the adoption.
§ 2. The adoptive parent or the adoptive parents who are in a case referred to in article 365-6, § 1, of the civil Code and who launched the procedure laid down in articles 361-1 at 361-4 of the civil Code before the entry into force of this Act may submit the Federal central authority to request the application of article 365-6 of the civil Code.
If the procedure laid down in articles 361-1 at 361-4 of the civil Code is completed before the entry into force of this Act, the federal Central Authority has before it an application for recognition of the adoption in accordance with articles 364-2, 365-3 and 365-4 of the civil Code. The federal Central Authority adjudicates on recognition in compliance with the conditions referred to in article 365-6, § 2, of the civil Code.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, April 11, 2012.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Session 2010-2011.
House of representatives Documents.
-Proposal of Ms. Fonck Act, no. 53 - 1730/1.
House of representatives Documents.
-Addendum, no. 53-1730/2. -Report, n ° 53-1730/3. -Text corrected by the commission, no. 53-1730/4.
-Text adopted in plenary meeting and transmitted to the Senate, no. 53-1730/5.
See also: full report: March 1, 2012.
Senate Document. -Project not referred by the Senate, no. 5-1511/1.