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An Act To Amend Sections 1231-31, 1231-41 And 1231-42 The Judicial Code And 24A Of The Act Of 24 April 2003 Reforming The Adoption In Order To Extend The Period Of Validity Of Judgments Of Fitness And Certificates In Respect Of Adoption (1)

Original Language Title: Loi modifiant les articles 1231-31, 1231-41 et 1231-42 du Code judiciaire et 24bis de la loi du 24 avril 2003 réformant l'adoption afin de prolonger la durée de validité des jugements d'aptitude et les certificats en matière d'adoption (1)

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28 OCTOBER 2008. - An Act to amend sections 1231-31, 1231-41 and 1231-42 of the Judicial Code and 24 bis of the Act of 24 April 2003 reforming the adoption in order to extend the validity of the judgments of suitability and certificates of adoption (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 statement
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to articles 1231-31,1231-41 and 1231-42 of the Judicial Code
Art. 2. Section 1231-31 of the Judicial Code, inserted by the Act of 24 April 2003, is supplemented by two paragraphs written as follows:
"The validity of the suitability judgment shall expire four years after its pronouncement if the following conditions are met:
1° within three years of the decision, a convention between applicants and an approved body was signed or an agreement of the competent central community authority was given on the draft adoption, without an adoption being made;
2° after consultation with the National Register of Physical Persons and Judicial Records, the Federal Central Authority issued a certificate stating that the situation of the persons concerned has not undergone any significant change that may alter the suitability of the judgment under sections 346-1 and following of the Civil Code and this section. This certificate shall be issued, at the request of the competent central community authority, no later than two months before the expiry of the period referred to in paragraph 3 and no later than the last day of validity of the suitability judgment.
When a new certificate has been issued not earlier than two months before the expiry of the period referred to in the preceding paragraph and under the same conditions, the validity of the aptitude judgment shall be extended until the adoption of a child already proposed and accepted. »
Art. 3. In section 1231-41, 1°, of the same Code, inserted by the Act of 24 April 2003, the words "within three years of the date of the decision or issue of a certificate" are replaced by the words "within the time limits referred to in section 1231-31 or within three years of the issuance of a certificate".
Art. 4. In section 1231-42 of the same Code, inserted by the Act of 24 April 2003 and amended by the Act of 6 December 2005, is inserted on 1°/1 as follows:
"1 °/1, if any, a copy of the attestation of the federal central authority referred to in 1231-31 and proof of the signature of a convention between the applicants and an approved adoption agency or the agreement of the competent central community authority on the draft adoption; "
CHAPTER 3. - Amendment of Article 24 bis of the Act of 24 April 2003 reforming adoption
Art. 5. Section 24bis of the Act of 24 April 2003 reforming the adoption, inserted by the Act of 23 December 2004 and amended by the Act of 6 December 2005, is supplemented by two paragraphs as follows:
"The validity of the certificate expires four years after its date of signature under the conditions specified in article 1231-31, paragraph 4, of the Judicial Code.
The validity of the certificate is extended until the adoption of a child already proposed and accepted under the conditions specified in article 1231-31, paragraph 5, of the same Code. "
CHAPTER 4. - Transitional provision
Art. 6. The provisions of this Act apply to judgments rendered since 1er September 2005 and the certificates referred to in section 24bis, paragraph 2, of the Act of 24 April 2003 reforming adoption, issued since 1er September 2005, even if their validity has already expired before the coming into force of this Act.
When the validity of the judgments or certificates referred to in paragraph 1er has already expired before the coming into force of this Act, the certificate referred to in article 1231-31, paragraph 4, 2°, of the Judicial Code, is issued within fifteen days of the publication of this Act to the Belgian Monitor.
CHAPTER 5. - Entry into force
Art. 7. This Act comes into force on the day of its publication in the Belgian Monitor.
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 28 October 2008.
ALBERT
By the King:
Deputy Prime Minister
Minister of Justice and Institutional Reforms,
J. VANDEURZEN
The Secretary of State for Family Policy,
Mr. WATHELET
Seal of the state seal:
Minister of Justice,
J. VANDEURZEN
____
Note
(1) Session 2007-2008.
House of Representatives.
Documents. - Bill, 52-1448 - No. 001. - Report, 52-1448 - No. 002. - Text corrected by commission, 52-1448 - No. 003. - Text adopted in plenary and transmitted to the Senate, 52-1448 - No. 004.
Full report: 16 October 2008.
Senate.
Documents. - Project not referred to by the Senate, 4-969.