6 DECEMBER 2005. - An Act to amend certain provisions relating to adoption (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Civil Code
Art. 2. An article 361-5, as follows, is included in the Civil Code:
"Art. 361-5. - By derogation from articles 361-3 and 361-4, in the event that the law applicable in the State of origin of the child does not know the adoption or placement for adoption, the child's movement to Belgium for adoption may not take place and the adoption may only be pronounced if the following conditions are met:
1° the competent central community authority has received from the competent authority of the State of origin of the child a report containing information on the identity of the child, his/her personal evolution, his/her family situation, his/her medical past and that of his/her family, his/her social environment and the philosophical conceptions of that environment, as well as his/her special needs;
2° the competent Community Central Authority has received the following documents from the adopter(s):
(a) a certified copy of the child's birth certificate;
(b) a certified true copy of the act of consent of a child who is twelve years of age at least upon his or her travel abroad and certifying that he or she has been given freely, in the required legal forms, that he or she has not been obtained for payment or consideration of any kind and that he or she has not been withdrawn;
(c) a certified copy of the parent's death certificate, a certified copy of the child's abandonment decision and proof of the guardianship of the public authority;
(d) a certified true copy of the decision of the competent authority of the State of origin establishing a form of guardianship on the child in the head of the adopter(s) and a translation certified by a sworn translator of that decision;
(e) a certified true copy of the decision of the competent authority of the State of origin authorizing the movement of the child abroad, to be permanently established, as well as a translation certified by a sworn translator of that decision;
(f) evidence that the law authorizes or authorizes the child to enter and stay permanently in Belgium;
(g) proof of the nationality of the child and his or her habitual residence.
3° the competent central community authority has been placed in possession of the judgment on the suitability of the adopter(s) and of the report of the public prosecutor, in accordance with Article 1231-33 of the Judicial Code;
4° the competent central community authority and the competent authority of the State of origin of the child have approved in writing the decision to entrust it to the adopter or adopters. »
Art. 3. Article 361-6, as follows, is inserted in the same Code:
"Art. 361-6. - Community central authorities shall forthwith communicate to the federal central authority the foreign decisions referred to in Articles 361-3 and 361-5 which allowed the movement of the child from the State of origin to Belgium for adoption. »
Art. 4. Section 363-1 of the same Code, inserted by the Act of 24 April 2003, is supplemented by the following paragraph:
"In the case provided for in section 361-5, no contact between the adopter or the adopters and the parents of the child or any other person who has custody of the child or whose consent to adoption is required may take place as long as the provisions of sections 361-1 and 361-5, 4° have not been complied with, unless the adoption takes place between members of the same family. »
Art. 5. In section 365-4 of the same Code, inserted by the Act of 24 April 2003, the following amendments are made:
1/ Paragraph 1^er is completed as follows:
"10° a certificate of good conduct, life and moors, model 2. »;
2/ In paragraph 2, last sentence, the words "paragraph 1^er, 4°, 5°, 7° to 9°" are replaced by the words "paragraph 1^er4°, 5°, 7° to 10°";
3/ In paragraph 3, in fine, the words "in paragraph 1^er, 3° to 9°" are replaced by the words "paragraph 1^er3° to 10°".
CHAPTER III. - Amendments to the Judicial Code
Art. 6. In article 1231-4, paragraph 1^er, from the Judicial Code, inserted by the Act of 24 April 2003, the words "a certificate of nationality" are replaced by the words "a proof of nationality".
Art. 7. Section 1231-27 of the same Code, inserted by the Act of 24 April 2003, is replaced by the following provision:
"Art. 1231-27. - The application is filed by a unilateral request to the youth court. The application is filed at the registry and signed either by the opponent or the adopters or by their lawyer.
The request specifies that the adopter(s) wish to initiate an international adoption procedure.
Are annexed to the request:
1° the original or certified copy of the documents required for the examination of the application;
2° the certificate certifying that the preparation organized by the competent community was followed. "
Art. 8. Section 1231-28 of the same Code, inserted by the Act of 24 April 2003, is replaced by the following provision:
"Art. 1231-28. - In order for the request to be admissible, a certified copy of the birth certificate, or an equivalent act, proof of nationality, certificate of habitual residence of the opponent or adopters, and a certificate of marriage certificate or an extract of legal cohabitation declaration or proof of a cohabitation of more than three years. »
Art. 9. In article 1231-29, paragraph 1^er, from the same Code, inserted by the Act of 24 April 2003, the words "When in possession of the certificate referred to in section 1231-28 shall be deleted.
Art. 10. Section 1231-42 of the same Code, inserted by the Act of 24 April 2003, is supplemented by the following paragraph:
"Documents referred to in paragraph 1^er2°, in the case referred to in article 361-5 of the Civil Code, are replaced by the documents referred to in 2° (c) to (e) of this article. »
Art. 11. In section 1231-43 of the same Code, inserted by the Act of 24 April 2003, the words "if articles 361-3 or 362-2" are replaced by the words "if articles 361-3, 361-5 or 362-2".
Art. 12. In section 1231-44 of the same Code, inserted by the Act of 24 April 2003, the words "if articles 361-3 or 362-2" are replaced by the words "if articles 361-3, 361-5 or 362-2".
CHAPTER IV. - Amendments to the Act of 24 April 2003
reforming adoption
Art. 13. Section 24bis of the Act of 24 April 2003 reforming adoption, inserted by the Program Act of 27 December 2004, is supplemented by the following paragraph:
"The opponent who has obtained a certificate from the competent community services certifying that he has followed the preparation and that he has been the subject of a favourable social investigation completed before the coming into force of the law, on the basis of the rules in force in the communities, is expected to be able to adopt. This certificate is valid for three years and can only be produced for a procedure for adoption of one or more children. »
Art. 14. Sections 24ter and 24quater of the Act, inserted by the Act of December 27, 2004, are repealed.
Art. 15. An article 24sexies, as follows, is inserted in the same law:
"Art. 24sexies. - In the case where the law applicable in the State of origin of the child does not know the adoption or placement for adoption:
1° the provisions of the prior law that govern the conditions of eligibility and the substantive conditions of adoption shall apply if a child has been entrusted by the competent authority of the State of origin of the child to the adopter or adopters before 1^er September 2005.
However, in the case of a child whose parents have died or who has been the subject of a decision of abandonment and who has been placed under the supervision of a public authority, the conditions of residence referred to in Article 344, § 1^er, c), of the Civil Code, as it read before it was amended by the Act of 24 April 2003, may be waived if the conditions of section 67, paragraph 3 of the Private International Law Code are met and the adopter or adopters followed the preparation referred to in section 361-1, paragraph 2, of the Civil Code and obtained the judgment of suitability to be adopted referred to in section 361-1, paragraph 1^er the same code.
2° Articles 361-5, 1°, 3° and 4° and 363-1 of the Civil Code are not applicable if the child has been entrusted by the competent authority of the State of origin of the child to the adopter or adopters between 1^er September 2005 and the effective date of the Act of 6 December 2005 amending certain provisions relating to adoption.
However, the adoption can only be pronounced after the opponent or adopters have followed the preparation referred to in section 361-1, paragraph 2, of the Civil Code and obtained the discretionary judgment referred to in section 361-1, paragraph 1^er the same Code and if the documents referred to in Article 361-5, 2° are attached to the request for adoption. »
CHAPTER V. - Entry into force
Art. 16. Article 13 produces its effects on 1^er September 2005.
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 6 December 2005.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006
House of Representatives:
51-2021
No. 1: Bill by Mr. Verherstraeten, Wathelet and Mrs. Taelman.
n^bones 2 and 3: Amendments.
Number 4: Report.
No. 5: Text adopted by the commission.
No. 6: Text adopted in plenary and transmitted to the Senate.
Full report: 27 October 2005.
Session 2005-2006
Senate:
3-1418
No. 1: Project not referred to by the Senate.