Bill To Enable The Regulation Of Adoption Procedures Carried Out Abroad By Persons Habitually Resident In Belgium (1)

Original Language Title: Loi visant à permettre la régularisation des procédures d'adoption réalisées à l'étranger par des personnes résidant habituellement en Belgique (1)

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11 AVRIL 2012. - Act to permit the regularization of adoption procedures conducted abroad by persons habitually residing in Belgium (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendment of the Civil Code
Art. 2. In Book I, Title VIII, Chapter II, Section 3, of the Civil Code, a new § 2/1, comprising section 365-6, is inserted as follows:
Ҥ 2/1. Derogatory provision for recognition of adoptions in the best interests of the child.
Art. 365-6. § 1er. When the adoption of a child whose habitual residence is located in a foreign state has been established before the adopter or adopters, usually residing in Belgium, have followed the preparation organized by the competent community and obtained the judgment declaring them qualified and able to take an international adoption in accordance with Article 361-1, the federal central authority initiates the case.
§ 2. As a derogatory and quite exceptional, the federal central authority authorizes the opponent or adopters to commence the procedure under section 361-1 if the following five cumulative conditions are met:
1° the adoption was not established for the purpose of fraud in the law;
2° the child is related, up to the fourth degree, to the adopter, to his or her spouse or cohabitant, even deceased, or the child has permanently shared the daily life of the adopter or adopters in a parent-type relationship before they have performed any approach to adoption;
3° except in the case of the child of the spouse or cohabitant of the opponent, the child has no other durable family-type care solution than international adoption, taking into account his or her best interests and his or her rights under international law;
4° the conditions of recognition referred to in Articles 364-1 to 365-5 may be met;
5° the competent central community authority renders a reasoned opinion in respect of articles 361-3 and 361-4 and the situation of the child.
§ 3. Articles 367-1 and 367-3, § 1er and § 3, paragraph 1er, are applied.
§ 4. The central authorities share the information collected.
§ 5. When the federal central authority receives a copy of the judgment declaring the qualified adopter or adopters who are able to take an international adoption, it shall decide on the application for recognition of the foreign adoption decision in accordance with sections 364-1 to 365-4. »
CHAPTER 3. - Transitional provision
Art. 3. § 1er. When the federal central authority has issued a refusal of recognition of adoption prior to the coming into force of this Act, motivated on the basis of non-compliance with section 361-1 of the Civil Code, and if applicable on the basis of another reason for non-recognition under sections 364-1 to 365-4 of the Civil Code, the adopter or adopters may refer to the federal central civil authority in order to apply section 365
If the opponent or adopters receive the authorization referred to in section 365-6 of the Civil Code, and obtain a judgment that declaring them qualified and capable of taking an international adoption, the federal central authority may again decide on the recognition of the act or decision making the adoption.
§ 2. The adopter or adopters in a case referred to in section 365-6, § 1erthe Civil Code, which commenced the procedure under sections 361-1 to 361-4 of the Civil Code prior to the entry into force of this Act, may apply to the federal central authority in order to apply section 365-6 of the Civil Code.
If the procedure provided for in sections 361-1 to 361-4 of the Civil Code is completed prior to the coming into force of this Act, the federal central authority has before it an application for recognition of adoption pursuant to sections 364-2, 365-3 and 365-4 of the Civil Code. The federal central authority shall decide on recognition in accordance with the conditions referred to in Article 365-6, § 2, of the Civil Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, April 11, 2012.
By the King:
The Minister of Justice,
Seal of the state seal:
The Minister of Justice,
(1) 2010-2011 session.
House of Representatives
Documents. - Proposal by Mrs. Fonck, No. 53-1730/1.
Session 2011-2012.
House of Representatives
Documents. - Addendum, no. 53-1730/2. - Report, no. 53-1730/3. - Text corrected by the commission, no. 53-1730/4. - Text adopted in plenary and transmitted to the Senate, No. 53-1730/5.
See also:
Full record: 1er March 2012.
Document. - Project not referred to by the Senate, No. 5-1511/1.