Law Reforming Adoption (1)

Original Language Title: Loi réformant l'adoption (1)

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Posted the: 2003-05-16 Numac: 2003009435 FEDERAL JUSTICE PUBLIC SERVICE April 24, 2003. -Law reforming adoption (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Changes of the Code civil art. 2. the title VIII of book I of the civil Code, containing articles 343 to 370, is replaced by the following provisions: "title VIII. -Of adoption chapter I:. -Domestic law Section 1st. -Available General s.
343 § 1. Means: a) adopting: a person, spouses of different sex or of different sex cohabitants;
(b) cohabitants: two persons of different sex unaffiliated who live together permanently and emotional way for at least three years at the time of the submission of the application for adoption;
(c) child: a person under 18 years of age.
§ 2. There are two kinds of adoption: simple adoption and full adoption.
Section 2. -Common to both kinds of adoption provisions § 1.
Conditions of adoption A. Conditions fundamental art. 344-1. any adoption must be based on proper reasons and, if it relates to a child, can take place only in her best interests and respect for the fundamental rights recognized in international law.
S.
344-2. a person whose maternal filiation is established cannot be adopted by her mother. A person whose paternal filiation is established cannot be adopted by his father.
B. Ages art. 345. the adopter or adopters must have reached the age of twenty-five years and have at least fifteen years older than the adoptee.
However, if the adopted child is a descendant in first degree or an adoptee's spouse or cohabitant, even deceased adoptive parent, just has reached the age of eighteen and was ten years older than the adoptee.
These conditions must be fulfilled at the time of the filing of the petition for adoption.
V. Aptitude art.
346-1. If they wish to adopt a child, the adoptive parent or the adoptive parents must be eligible and suited to adopt.
Is suitable to adopt, the person who owns the psychological qualities required to do this.
S. 346-2. employability is appreciated by the juvenile court on the basis of a social study, directs. The person or persons wishing to adopt a child shall, prior to this assessment of their ability, have completed preparedness organized by the competent Community, including information on the stages of the procedure, the legal effects and other consequences of adoption, as well as on the possibility and usefulness of post-adoptif monitoring.
The tribunal takes into account, inter alia, the medical, personal and family situation of the person concerned, and the reasons that animate it.
The social study is however not compulsory when the adopter wishes to adopt a child: 1 ° apparent, up to the third degree, himself, to his spouse or his cohabitant, even deceased; or 2 ° which he already shares daily life or with which it already has a social and emotional connection.
D. new adoption articles 347-1. a child who has already been adopted, simple or plenary, can be adopted once again, either simple or plenary, if all the conditions required for the establishment of the new adoption are fulfilled and that is: 1 ° the adopter or prior adoptive parents are deceased;
2 ° the previous adoption has been revised or previous simple adoption has been revoked with respect to the adoptive parent or the adoptive parents;
3 ° of very serious reasons require that a new adoption be pronounced at the request of the public prosecutor.
S. 347-2. an already adopted, either simple or plenary person by two adoptive parents can be adopted once again, in a simple way or plenary by the new spouse or cohabitant of one of them if all the conditions required for the establishment of this new adoption are fulfilled and that is: 1 ° the other adopting earlier is deceased;
2 ° the previous simple adoption has been revoked with respect to the other adopter;
3 ° of very serious reasons require that a new adoption be pronounced at the request of the public prosecutor.
S.
347-3. after the transcription of a judgment pronouncing the simple adoption of a child, the adoptive parent or the adoptive parents can make a request to convert it to full adoption. This conversion is allowed only if all the conditions, including consent, required for the establishment of her filled full adoption.
E. consent art. 348-1. any person under twelve years at least during the delivery of the judgment of adoption must agree or have consented to its adoption.
By derogation from the first subparagraph, consent is not required of the person declared prohibited, in a State of prolonged minority or the Tribunal considers, because of evidence of fact established by motivated minutes, she is deprived of discernment.
S. 348-2. when adopting it, one of the adoptive parents or the adopted is married and not separated from body or cohabitant at the appearance before the Court called upon to adjudicate on the application for adoption, spouse or cohabitant must consent to the adoption, unless it is unable to manifest his will, without any residence known or reported missing.
S. 348-3. when the parentage of a child, a prolonged minor or a banned is established with respect to his mother and his father, they must both consent to the adoption. However, if one of them is unable to express his will, without any remains known or declared absent, the consent of the other is sufficient.
When the parentage of a child, a prolonged minor or a banned is established with respect to one of its authors, only the must consent to the adoption.
S. 348-4. the mother and the father cannot consent to the adoption until two months after the birth of the child.
They are informed on the adoption and the consequences of their consent by the tribunal before which consent must be expressed and his social service.
This information on rights, AIDS and benefits guaranteed by law or by decree to families, mothers and fathers, single or not, and their children, as well as on ways and means in which it is possible to resort to resolve social, financial, psychological or other problems posed by their situation.
S. 348-5. when the filiation of a child or a banned is not established or when the father and mother of a child or a banned or the only parent whom filiation is established have died, unable to express their will, without any known residence or declared missing, consent is given by the tutor.
In the event of adoption by the guardian, consent is given by the substitute consent giver guardian. If the interests of the giver guardian are in conflict with those of the minor, consent is given by an ad hoc guardian appointed by the Court at the request of any interested person or the Attorney of the King.
S. 348-6. in the event of new adoption of a child, a prolonged minor or a forbidden which has been previously a simple adoption, are required: 1 ° the consent of persons having consented to the adoption earlier;
2 ° the consent of the adoptive parent or the adoptive parents earlier, unless the revocation or revision of the previous adoption was pronounced against them.
If one of these people is unable to express his will, without any remains known or declared missing, consent is not required. Similarly, is not required the consent of the father or of the original mother, guardian and the substitute consent giver guardian, or spouse or cohabitant of the adoptee who abusively refused to consent to the previous adoption, nor that of the father and mother, when the child had been declared abandoned by them.
S. 348-7. in the event of new adoption of a child, a banned or a minor extended regrets that has benefited previously a full adoption, the consent of the adoptive parent or prior adoptive parents is required, unless they are unable to express their will, without any remains known, reported or if the revision of the previous adoption has been pronounced against them.
S.
348-8. any person whose consent to the adoption is required, it is expressed is: 1 ° by statement in person to the court hearing the request for adoption, and which it draws up minutes;
2 ° by instrument executed before a notary of his choice or before Justice of the peace of his home.
II is specified if the consent is given for a simple adoption or for a plenary adoption.
The withdrawal of consent is possible only until the delivery of the judgment, and no later than six months after the filing of the petition for adoption and must be established in the same form as that required to consent to the adoption.
S. 348-9. any member of the family of origin of the child whose consent is required can be specified in the declaration or the Act of consent, either: 1 ° that it intends to remain in the dark about the identity of the adoptive parent or the adoptive parents; in this case, it means the person who will represent in the proceedings;
2 ° that it no longer wishes to intervene later in the proceedings; in this case, it also means the person who will represent.
The person making use of the possibilities provided for in the preceding paragraph made election of domicile.
S.
348-10. any person whose consent is required and who does not wish to consent to the adoption can

express his refusal, either: 1 ° by statement in person to the court hearing the request for adoption, and which it draws up minutes;
2 ° by instrument executed before a notary of his choice or before Justice of the peace of his home.
The fact not to appear in court after being summoned by the Registrar under judicial cover, is likened to a refusal of consent.
S.
348-11. where a person who must consent to the adoption under articles 348-2 to 348-7 refuses such consent, the adoption may however be pronounced at the request of the adoptive parents, adoptive parents or the Crown if it appears to the tribunal that this refusal is abusive.
However, if this refusal is the mother or father of a child, the Court may pronounce the adoption, unless it is a new adoption, unless the term of social investigation, it appears that this person is disinterested child or to compromise the health, safety or morals.
§ 2.
Effects of adoption.
S. 349-1. adoption by decision transcribed in accordance with section 1231-19 of the Judicial Code has effect from the filing of the application.
S.
349-2. the adoptive parent or the adoptive parents may apply to the tribunal, at any time of the procedure, a modification of the forenames of the adopted. If the adopted child has reached the age of twelve, his consent to this modification is required.
S. 349-3. adoption may be contested by way of Declaration of invalidity.
§
3. The establishment of the descent of the adopted subsequent to the adoption.
S. 350. the establishment of the descent of the adopted towards the adopter or one of the adoptive parents after the adoption judgment is cast in res judicata puts end from that moment and for the future to the adoption against the adoptive parent or these adoptive parents.
The establishment of the descent of the adopted person with respect to a person other that the adopter or adopters after the adoption judgment will be cast in force of res judicata does not end it. If it is a simple adoption, this filiation produces its effects only insofar as they are not in opposition to those of the adoption. If it is a full adoption, this affiliation does not produce another effect that impediments to marriage under sections 161 to 164.
§
4. The revision of the adoption.
S. 351. when it is the result of sufficient indicia that an adoption has been established as a result of abduction, sale or trafficking of children, and only in this case, the revision of the judgement pronouncing this adoption has continued, with respect to adopting or of the adoptive parents, by the public prosecutor.
The review may also be pursued by a person belonging to the third degree, to the child's biological family.
If proof of the matters referred to in the first paragraph is established, the tribunal finds that this adoption will cease to produce its effects from the transcript of the device of the reconsideration decision on civil status registers.
§
5. Intermediaries.
S. 352. no person shall intervene as an intermediary in an adoption without having previously approved for this purpose by the competent Community.
Section 3. -Every kind of adoption provisions § 1. The simple adoption.
A. effect art. 353-1. adoption confers on the adoptee, substituting it, the name of the adopter or, in the case of simultaneous adoption by both spouses or cohabitants, man.
However, the parties may seek from the tribunal that the adopted child retains his name by precede or follow the name of the adopter or adoptive human.
If the adopted child and the adoptive parent or the man have the same name, no change is made on behalf of the adopted child.
S. 353-2. If adopted by a man from the child adopted his wife or his partner, or when new adoption provided for in article 347-1, the name of the new adopting or man adopting is substituted for that of the adopted person, that it has retained or changed its name during the previous adoption.
If at, the name of adopting has replaced that of the adopted, the parties may seek from the Court that the new name of the latter is composed of the name he keeps this previous adoption, preceded or followed by that of the new adopter or man adopting.
When, in the previous adoption, the name of adopting was added to that of the adopted person, the parties may seek from the tribunal that the latter name is now composed of the name of origin of the adopted child or the name of the earlier adopter, preceded or followed by that of the new adopter or man adopting.
The adopted child carrying the same name as the new adopter or man adopting, before a previous adoption, takes this name without modification.
S.
353-3. If the adopted is older than eighteen, the parties may seek from the tribunal that no changes be made on behalf of the adopted or, if the adopted person has kept its name during an earlier adoption, it can do precede or follow the new adopter or man enacting.
S.
353-4. adoption by a woman of the child or an adopted child of the spouse or cohabitant involve any change in the name of the adopted child.
S. 353-5. the agreement of adopting or adoptive parents, of the adoptee aged over twelve years and, is it less than eighteen years, persons called upon to consent to the adoption under articles 348-3, 348-5, 348-6 or 348-7, is required for applications referred to in articles 353-1, paragraph 2, 353-2, paragraphs 2 and 3, and 353-3.
Failing agreement, the Court decides in the best interests of the child and respect for the fundamental rights recognized in international law.
S. 353-6. the change of the name of the adoptee, resulting from the adoption extends to his descendants, even born before the adoption.
However, descendants first-degree aged over 18 years may retain their name for themselves and their descendants.
This right is exercised in addressing, within fifteen days of the notice referred to in section 1231-4, paragraph 2, of the Judicial Code, a request expressing this desire to the tribunal called to rule on the adoption. II is acknowledged the will of continuation of the name in the operative part of the judgment.
S. 353-7. the adoption of right no effect with respect to the noble rights.
S.
353-8. the adopter is invested, with respect to the adopted child, parental rights, including the right of legal enjoyment of rights, the right to require its emancipation and to consent to his marriage.
When the adoptive parent dies or is unable to exercise parental authority during the minority of the adopted child, guardianship is organized according to this book, title X, chapter II.
S.
353-9. in the event of adoption by spouses or cohabitants, or when the adopted child is the child or an adopted child of the spouse or cohabitant of the adoptive parents, parental authority is exercised jointly by the two spouses or cohabitants. The provisions of this book, title IX shall apply.
When the two adoptive parents die or are unable to exercise parental authority during the minority of the adopted child, guardianship is organized according to this book, title X, chapter II.
S.
353-10. in case of death of the adopter or adopters, the mother and father of an adopted child, jointly, or one of them may apply to the youth court that the child be placed under their parental authority. If this application is granted, the organized supervision previously takes fin. s.
353-11. in case of adoption of a banned, the. Justice of the peace means the adoptive parent as guardian of the adoptee.
In the event of adoption by spouses or of cohabitants, the Justice of the peace referred to respectively as guardian and subrogated tutor. The functions of the guardian and, if there is place of substitute guardian who had been appointed previously cease ipso jure on the date of the transcript of the judgment of adoption.
S.
353-12. relationship resulting from the adoption extends to the descendants of the adoptee.
S.
353-13. marriage is prohibited: 1 ° between the adopter and the adoptee or his descendants;
2 ° between the adoptee and former spouse of the adoptive parent;
3 ° between the adoptee and former or current cohabitant of the adopter;
4 ° between the adoptive parent and former spouse of the adopted child;
5 ° between the adoptive parent and former or current cohabitant of the adopted child;
6 ° entered the adoptive children of a same adopter;
7 ° between the adopted child and the adopter's children.
These last two impediments may be waived by the King for legitimate reasons.
S. 353-14. the adopter or adopters must feed the adoptee and the descendants of it if they are in need. If the adopted child is a minor, article 203 shall apply by analogy.
The adopted child and its descendants should feed to the adoptive parent or the adoptive parents if they are in need. If the adoptee dies childless, his estate is required food to the adoptive parent or the adoptive parents if they are in need at death; the provisions of article 205a, §§ 3 to 5 are applicable to this obligation.
The obligation to provide food continues to exist between the adopted child and its father and mother; However, these are required to provide food to the adopted child if he cannot get them of the adopter or adopters.
When a person adopts the child or an adopted child of the other spouse or cohabitant, the adoptive parent and his or her spouse or cohabitant are both required to provide food in accordance with article 203.
S.
353-15. the adopted child and its descendants retain all their hereditary rights in the family of origin.
They acquire on the succession of the adoptive parent or the adoptive parents the same rights as those that would

a child or his descendants, but acquire no rights to the estate of the parents of the adoptive parent or the adoptive parents.
S. 353-16. subject to the rights of the surviving spouse on the whole of the estate of the deceased adopted without posterity, it is set as follows: 1 ° sections 747 and 915 shall not apply;
2 ° absence of provisions between vivos or testamentary, property given by the ascendants of the adoptee or adoptive parents or collected in their succession and which are found in nature in the succession of the adopted child, return to these ascendants or adoptive parents or their heirs in descending line, dependants to contribute to debt and subject to the acquired rights of third parties; When the goods have been sold, this right is exercised on the price if it is not yet paid or if it is not confused with the mass;
3 ° the surplus assets of the adoptee is divided into two equal shares between the adoptive family and the family of origin.
In the family of origin, this estate is subject to the rules laid down in Book III, title ler.
In the adoptive family, it is referred exclusively to the adoptive parent or by half to each of the adoptive parents or their heirs in descending line; If one of the adoptive parents died without leaving any heirs in descending line, the other adopter or his heirs in descending line succession for all.
If in one of these families, no one is called to collect half of the estate or if the heirs give up all the estates, the other family collects all of the surplus property of the adopted child.
S. 353-17. 747 and 915 articles shall not apply in relation to the original family of the adopted child to the estates of his children, deceased without posterity after him. The share of the estate of the last dying of these children who, under the terms of article 746, is attributed to the ascendants of the line to which belongs the adoptee is divided in accordance with article 353-16, first paragraph, 3 °.
S. 353-18. when a simple adoption is pronounced after a previous simple adoption by application of section 347-1, 3 °, the effects of the first adoption cease to right, with the exception of impediments to marriage, moment occur for those of the new adoption. When a new simple adoption is pronounced after a previous simple adoption by application of article 347 (2), 3 °, it is similarly with respect to the earlier adopter who is not the spouse or cohabitant of the new adopter.
When a simple adoption is pronounced after a previous full adoption by application of section 347-1 ° or 3 °, the effects of the first adoption remain only insofar as they are not in conflict with those of the new adoption.
When a new simple adoption is pronounced after a previous full adoption by application of section 347-2, 1 ° or 3 °, it is similarly with respect to the earlier adopter who is not the spouse or cohabitant of the new adopter.
B. Revocation art. 354-1. simple adoption revocation may, for very serious reasons, be pronounced at the request of the adoptive parents, the adoptive parents or one of them, of the adopted person or the Attorney of the King.
In the case of simple adoption by both spouses or cohabitants, the Court may pronounce the revocation only in respect of one of them.
S. 354-2. in the event of revocation of the adoption of a child to the adoptive parent or the two spouses or cohabitants adopters, the mother and the father or one of them may request that the child be placed under their parental authority. If they do not make this request or if it is rejected, guardianship is organized according to this book, title X, chapter II. In this case, the informed civil status officer immediately judge competent peace of the transcript of the judgment pronouncing the revocation.
However, the mother and the father of the child or one of them can still later apply to the youth court to place the child under their parental authority. If the juvenile court accesses their application, the supervision referred to in the preceding paragraph takes fin. s. 354-3. revocation by a decision transcribed on civil status registers actually stop the effects of the adoption from this transcript. Impediments to marriage referred to in article 353-13 shall continue to apply.
§
2. The plenary adoption.
A. age requirement art. 355. the plenary adoption is permitted only in respect of a person under the age of eighteen during the filing of the petition for adoption.
B. effects s. 356-1. full adoption confers to the child and its descendants a status with rights and obligations identical to those they would have if the child was born of the adopter or adopters.
Subject to impediments to marriage under sections 161 to 164, the child who is the subject of a plenary adoption ceases to belong to his family of origin.
However, the child or the adoptive child of the spouse or cohabitee, even deceased adoptive parent does not cease to belong to the family of that spouse or cohabitant. If the latter still lives, parental authority over the adopted child is exercised jointly by the adoptive parents and spouse or cohabitant.
S. 356-2. full adoption confers on the child, substituting it, the name of the adopter or adoptive human.
However, full adoption, by a woman, child or an adopted child of the spouse or cohabitant involve any change in the child's name.
S. 356-3. when a full adoption is made pursuant to section 347-1, 3 °, the effects of the previous adoption cease to right from the moment when those of the new adoption, with the exception of impediments to marriage occur.
When the new plenary adoption is pronounced in application of article 347-2, 3 °, the effects of the previous adoption cease ipso jure with respect to the earlier adopter who is not the spouse or cohabitant of the new adopter from the time those of the new adoption, with the exception of impediments to marriage.
S. 356-4. full adoption is irrevocable.
The revision is possible pursuant to article 351.
CHAPTER II. -Right international Section 1st. -Special provisions of private international law art. 357. regardless of the law applicable to the establishment of the adoption, the conditions referred to in article 344-1 must be met and the adoptive parent or the adoptive parents must be eligible and suited to adopt.
S.
358. whatever the law applicable to the consent of the adopted child, article 348-1 shall apply.

II cannot be established for adoption plenary in Belgium as if the consent of the child and those of his mother, his father or its legal representative, where required, were given for adoption which has the effect of terminating a pre-existing relationship between the child and his father and mother.
S. 359-1. any public or private natural or legal person who acts as an intermediary of adoption must meet the conduions imposed by the law of the State where he is established.
S. 359-2. when an adoption of a child made abroad and recognized in Belgium, has no effect of terminating a pre-existing parentage, it can be converted to Belgium in a plenary adoption if the consents referred to in article 361-4 1 °, b) and (c)), have been given or are given for adoption this effect.
S. 359-3. private international law rules and the adoption provisions of this section apply to the conversion of an adoption that had no effect of terminating a pre-existing parentage in a plenary adoption.
S.
359-4. revocation of an adoption, the protection measures provided for by article 363-4 are applicable.
S. 359-5. the Belgian courts are competent to pronounce the revision of adoption in the case that they are competent to decide a revocation.
The conditions and the procedure of the revision are governed by Belgian law.
S. 359-6. the Declaration of invalidity of adoption can be pronounced in Belgium, even if the law of the State where it has been established allows.
Section 2. -For the establishment of an adoption involving international travel for a child, § 1. Definitions art. 360-1. in this section, means: 1 ° "Convention": the Convention on the protection of children and co-operation in respect of intercountry adoption, done at the Hague on 29 May 1993;
2 ° "central authority": the authority designated by the Minister of Justice to perform in Belgium the duties of central authority, laid down by the Convention, which are attributed to him by this Code as well as other tasks that it assigns;
3 ° "community central authority": the authority designated by the competent Community;
4 ° "recognised organisation": any legal person who, eligible to act as an intermediary in adoption, receives the approval of the competent Community;
5 ° "State of origin": the State in which the child ordinarily resides at the time of adoptability;
6 ° "Host State": the State to which the child has been, is, or should be moved, either after its adoption or for adoption in this State;
7 ° "competent authority of the State of origin" or "competent authority of the host State": has) is a State bound by the Convention, the central authority of that State within the meaning thereof;
(b) if it is a State which is not bound by the agreement, any authority recognized as such by the law of that State.
S. 360-2. the provisions of this Section apply when the child:

1 ° has been, is, or should be moved to the State of origin to the Belgium, either after its adoption in this State by a person or persons residing usually in Belgium or for such adoption in Belgium or in this State, or 2 ° lies usually in Belgium and has been, is or should be moved to a foreign State , either after its adoption in Belgium by a person or persons residing usually in that foreign State or to such adoption in Belgium or in the foreign State, or 3 ° resides in Belgium without being authorised to settle or to stay more than three months, to be be adopted by a person or persons who are ordinarily resident.
Adoptions referred to in this section are referred to as "international adoptions".
§
2. The child habitually resident in a State's foreign art. 361-1. the person or persons residing usually in Belgium and wishing to adopt a child whose habitual residence is located in a foreign State must, before making any approach whatsoever for adoption, obtain a judgment declaring qualified and able to carry out an international adoption.
Prior to assessment of their fitness, they must have completed the preparation by the competent Community, and including information on the stages of the adoption procedure, the legal effects and other consequences of adoption, as well as on the possibility and usefulness of postadoptif monitoring.
This obligation applies to the adoptive parents, even if they are related to the child they wish to adopt.
S. 361-2. when the judgment on the suitability of the adopter or adopters, and the report referred to in section 1231-32 of the Judicial Code have been transmitted copy by the clerk of the juvenile court, the federal Central Authority address, without delay, the competent Community central authority.
S. 361-3. the displacement of the child to the Belgium the adoption cannot take place and the adoption cannot be ordered if the following conditions are met: 1 ° the competent Community central authority has forwarded to the competent authority of the State of origin the documents referred to in article 361-2;
2 ° the competent Community central authority has received from the competent authority of the State of origin has) a report containing information on the identity of the child, adoptability, his personal evolution, his family situation, his medical history and that of his family, his social environment and the philosophical in this environment, as well as on their particular needs; and (b)) other documents required for adoption;
3 ° the adopter or adoptive parents agreed in writing to take charge for adoption of this child;
4 ° the evidence was provided that the law authorizes or allow the child to enter and reside permanently in Belgium;
5 ° the competent Community central authority and the competent authority of the State of origin of the child in writing approved the decision to entrust it to the adoptive parent or the adoptive parents.
S. 361-4. unless the competent Community central authority accept equivalent documents or, with regard to one or more of the documents referred to 3 ° below, if this authority provides to produce when their production is materially impossible, the documents referred to in article 361-3, paragraph 1, 2 °, b), are the following: 1 ° a certified copy: has) the Act of birth of the child;
(b) of the Act of consent of the child to the adoption, where required;
(c) acts of consent of the other persons, institutions and authorities whose consent is required for the adoption;
2 ° a certificate of nationality and proof of the child's habitual residence;
3 ° a certificate by which the competent authority of the State of origin: has) declares that the child is adoptable;
(b) finds, having duly considered the possibilities for placement of the child in its original state, that intercountry adoption meets its interests and respect for the fundamental rights which are recognized in international law;
c) notes, with reasons, that the decision to entrust the child to the adoptive parent or the adoptive parents meets also this interest and respect.
(d) certify the persons, institutions and authorities whose consent is required for the adoption have been surrounded by necessary and duly informed advice on the consequences of their consent, in particular ur maintaining or breaking, due to an adoption, right links between the child and its family of origin;
(e) certifies that they have given their consent freely, in the required legal form, that it was not obtained payment or consideration of any kind and that it has not been withdrawn;
(f) certifies that the consents of the mother and father, if they are required, were given after the birth of the child;
(g) certifies that the child, having regard to his age and maturity, has been surrounded by advice and duly informed on the consequences of the adoption and of his consent to the adoption if it is required and that its wishes and opinions have been taken into account;
(h) certifies that the consent of the child to the adoption, if it is required, has been given freely, in the required legal form, payment or compensation of any kind obtained and that it has not been removed.
§ 3. The child habitually resident in Belgium.
S. 362-1. when the competent authority of a foreign State forwards a report on one or more persons wishing to adopt a child habitually resident in Belgium, the federal Central Authority address, within fifteen days, the community central authority.
S.
362-2. a child who is habitually resident in Belgium may be adopted by a person or persons ordinarily resident in a foreign State if the youth tribunal according to section 1231-34 of the Judicial Code: 1 ° has found, on the basis of a social study ordered by him, and taking into account the psychosocial and cultural factors in the child It is internationally adoptable;
2 ° has found that, taking into account opportunities for placement of the child in Belgium, an international adoption responds to its best interests and respect for the fundamental rights recognized in international law;
3 ° has ensured that the persons, institutions and authorities whose consent is required for the adoption have surrounded necessary and duly informed advice on the consequences of their consent, in particular on the maintenance or failure, due to an adoption, right links between the child and his family of origin;
4 ° ensuring that the consent of the persons, institutions and authorities whose consent is required for the adoption, have been given freely, in the required legal form, not obtained payment or compensation of any kind and that they have not been removed;
5 ° ensured that the consents of the mother and father, if they are required, were given after the birth of the child;
6 ° ensure that the child, having regard to his age and maturity, has been surrounded by advice and duly informed of the consequences of adoption and its consent to the adoption if it is required, and that its wishes and opinions have been taken into account;
7 ° has insured that the consent of the child to the adoption, when it is required, has been given freely, in the required legal form, payment or compensation of any kind obtained and that it has not been removed.
S. 362-3. adoption may also take place if the competent Community central authority 1 ° has received from the competent authority of the host State the report referred to in article 362-1, containing information on the identity of the adopter or adopters, their legal capacity and their ability to adopt, their personal, family and medical situation their social environment, the grounds that animate them their ability to undertake an intercountry adoption, as well as on children that they would be able to take in charge;
2 ° has been the federal Central Authority the report referred to in section 1231-38 of the Judicial Code;
3 ° has found, based on the reports provided for in paragraphs 1 ° and 2 °, and taking into account the conditions of education of the child, of his ethnic origin, religious, philosophical and cultural, as the decision to entrust the child to the adoptive parent or the adoptive parents responds to its best interests and respect for fundamental rights recognized under international law;
4 ° transmitted to the competent authority of the host State report under 2 ° with proof of the required consents and the reasons for its conclusion on the placement.
S.
362-4. the decision to entrust a child residing usually in Belgium to an adoptive parent or the adoptive parents residing usually in a foreign State cannot be taken, and the child cannot leave the Belgium for adoption in this State only if the provisions of articles 362-2 and 362-3 have been met and that in addition: 1 ° the competent authority of the host State has certified in writing than adopting or adoptive parents are eligible and suited to adopt;
2 ° the competent authority of the host State has certified in writing that the child will be allowed to enter and reside permanently in that State;
3 ° the competent Community central authority has ensured that the prospective adoptive parent or the adoptive parents agree to adopt this child;
4 ° the competent authority of the host State has approved in writing the proposed adoption;

5 ° the authorities referred in 3 ° and 4 ° agreed in writing to continue the adoption procedure.
§ 4. Safeguard measures.
S. 363-1. no contact between the adopter or adopters and the child's parents or any other person who has custody or whose consent to the adoption is required may take place as long as the provisions of articles 361-1 and 361-3, 1 ° to 5 °, or 362-2-362-4 articles have not been met, unless the adoption takes place between members of the same family or if the conditions laid down by the competent authority of the State of origin of the child are met.
S. 363-2. any competent authority adoption which establishes that one of the provisions of the Convention or the Act has been misunderstood or may clearly be stayed to decide or act and inform immediately concerned, the federal Central Authority and the competent central authority community, to enable them to ensure that the appropriate measures are taken.
S. 363-3. when the adopter or one of the adoptive parents has knowingly violated a provision of the Convention or the law or committed a fraud in the adoption procedure, the juvenile court refuses to decide the adoption. II cannot be deviated from this rule only if reasons related to respect for the rights of the child, duly established, control.
The Clerk shall transmit the decision to refuse the Federal central authority which shall inform the competent Community central authority and, where appropriate, the competent authorities of the State of origin.
The Belgian judge denies in any case decide the adoption: 1 ° when it is determined that the requested adoption follows an abduction, sale or trafficking of children; or 2 ° when it finds that the adoption is to distract the legal provisions relating to the nationality or access to the territory, residence, establishment and removal of foreigners.
S. 363-4. when the adoption must take place after the removal of the foreign to the Belgium child and it appears that the maintenance of the child in the foster family ceases to its best interests and respect for the fundamental rights recognized under international law, the competent authorities shall take measures necessary for the protection of the child in close consultation, , in particular: 1 ° to remove the child to people who wanted to adopt him and take care on an interim basis;
2 ° in consultation with the competent authority of the State of origin of the child, to provide without delay a new placement of the child for adoption or, Alternatively, a sustainable alternative care; in this case the child's adoption may take place only if the competent authority of the State of origin has been duly informed concerning the new prospective adoptive parents and required to carry out this new adoption consents have been given;
3 ° as a last resort to ensure the return of the child in the State of origin, where its best interests and respect for the fundamental rights recognized under international law so require.
The child is consulted in accordance with section 1231-11 of the Judicial Code.
Paragraphs 1 and 2 shall apply also in the case of recognition of a foreign decision of revocation or revision of an adoption.
S. 363-5. the measures referred to in the preceding article are taken particularly in the following cases: 1 ° the adopter or adopters have no reason valid, omitted to introduce the adoption or recognition of the adoption request within six months of the arrival of the child in Belgium or have clearly renounced their adoptive project;
2 ° the competent Belgian Court refused to pronounce or recognize the adoption and this decision has become final.
S. 363-6. in the event of repatriation intervening under articles 363-4 and 363-5, living expenses, care and travel of the child shall be borne jointly and severally to adopting or adoptive parents and, where appropriate, the authorised body who spoke at their request and whose liability is established, or to anyone who came illegally as an intermediary in the adoption.
Section 3. -Of effectiveness in Belgium of foreign decisions relating to adoption § 1. The recognition of adoptions governed by Convention.
S. 364-1. any adoption established in a foreign State bound by the Convention is recognised ipso jure in Belgium if it is certified in accordance with the Convention by the competent authority of that State by the certificate provided for in article 364-2. The recognition may be refused only if the adoption is manifestly contrary to public policy, taking into account the best interests of the child and of the fundamental rights recognized under international law.
Any adoption governed by the Convention, is made in a foreign State bound by it and which does not meet the above conditions, is not recognized in Belgium.
S. 364-2. any person wishing to avail in Belgium of this foreign adoption decision or the Act of adoption with the certificate of conformity to the Convention: 1 ° if the adopted child is habitually resident in a State with which the Belgium has not concluded an agreement removing checks on persons at borders: to the diplomatic or consular authority Belgian competent or that of the State which represents the interests of the Belgium , before the removal of the child to the Belgium; This authority shall proceed to the verification of the authenticity of the documents and transmits a copy to the Federal central authority which verifies that the adoption is manifestly contrary to public policy;
2 ° in other cases: the federal Central Authority; It proceeded to the verification of the authenticity of these documents and the manifest not contrary of the adoption order.
When these conditions are fulfilled in the case referred to in 1 °, the diplomatic or consular authority Belgian competent or that of the State representing the interests of the Belgium establishes a Passport on behalf of the child, if it is Belgian, or issuing the authorization for the child to stay in Belgium. Will notify the federal Central Authority.
S. 364-3. the provisions of this paragraph are also applicable to the recognition of foreign decisions of conversion of adoption governed by Convention.
§
2. The recognition of adoptions not governed by the Convention.
S. 365-1. judicial decisions and public documents establishing an adoption in a foreign State are recognized in Belgium if: 1 ° the adoption has been established by the authority that the law of this State is competent, in forms and according to the procedure laid down in this State;
2 ° the decision establishing the adoption may be considered as past in force of res judicata in that State;
3 ° the articles 361-1-361-4 have been met when the child has been, is, or should be moved from its original state to Belgium after its adoption in this State by a person or persons who were residing usually in Belgium at the time of this.
S. 365-2. recognition is however denied if the adoptive parents have knowingly committed fraud in the procedure or if the adoption has been established for the purpose of fraud to the law. II cannot be deviated from this rule only if reasons related to respect for the rights of the child, duly established, control.
The recognition is in any case refused: 1 ° if the adoption is manifestly contrary to public policy, taking into account the best interests of the child and of the fundamental rights recognized under international law; or 2 ° If the child habitually resident in Belgium has been moved abroad for adoption, in violation of articles 362-2-362-4; or 3 ° If the adoption was to distract the legal provisions relating to the nationality or access to the territory, residence, establishment and removal of foreigners.
S. (365 - 3. any person wishing to have recognized in Belgium a foreign adoption not governed by the Convention address the request of recognition 1 ° before the removal of the child to the Belgium, if the adopted child is habitually resident in a State with which the Belgium has not concluded an agreement removing checks on persons at borders has) to the diplomatic or consular authority Belgian competent or that of the State which represents the interests of the Belgium which shall forward it to the federal Central Authority;
(b) either directly to the federal Central Authority;
2 ° in other cases: the federal Central Authority. The Federal central authority performs the check of the requirements in articles 365-1 and 365-2.
When these conditions are fulfilled in the case referred to in 1 °, the diplomatic or consular authority Belgian competent or that of the State representing the interests of the Belgium establishes a Passport on behalf of the child, if it is Belgian, or issuing the authorization for the child to stay in Belgium.
S. 365-4. the application referred to in the preceding article is prepared in duplicate and includes: 1 ° a certified copy of the decision or the Act of adoption;
2 ° a translation certified by a translator sworn, of the decision or the Act of adoption;
3 ° a certified copy of the Act of birth of the adopted child;
4 ° a document authentic mentioning the identity, the date and place of birth, nationality and habitual residence of the adoptive parents or the adoptive parent;
5 ° a document authentic mentioning the nationality and residence of the adopted child;
6 ° a document stating the identity of the mother and the father of the child, if it is known and can be disclosed, or failing that,.

the identity and the quality of the person who represented him in the foreign adoption procedure, as well as, where appropriate, evidence of their consent to adoption and that of the child, unless the decision or the foreign Act certifies formally these facts;
7 ° if the child was habitually resident abroad before the adoption established in another State as that of the residence, a document issued by an authority of the country where the child was habitually resident and stating that the authorization to move the child for adoption was given, unless the foreign instrument or decision formally certify this fact;
8 ° a copy of the judgment on the suitability of the adoptive parents, the report prepared pursuant to section 1231-32 of the Judicial Code, and written approval referred to in article 361-3 5 °, where the child has been, is or should be moved from its original state to Belgium after its adoption in this State by a person or persons who were residing usually in Belgium at the time of it;
9 ° any document certifying that any person or public body or private who eventually played an intermediary role in the adoption process met the requirements to do so under the law of the foreign State whose jurisdiction it falls.
Absence of production of the documents mentioned above, the federal Central Authority may set a time limit to produce. It can also accept equivalent documents, except in relation to the documents mentioned in the 1 ° and 2 °. If it considers sufficiently lit, it can produce one or more documents referred to in the paragraph 1, 4 °, 5 °, 7 ° to 9 °, when their production is materially impossible.
When the application for door recognition on an adoption that is not an international adoption within the meaning of article 360-2, the federal Central Authority may, if it considers sufficiently informed, provide to produce one or more of the documents referred to in paragraph 1, 3 ° to 9 °.
S.
365-5. the provisions of chapter, section 3, § 2 shall apply to the recognition of foreign decisions of conversion of adoption not governed by the Convention.
§ 3. The recognition of foreign judgments of revocation, revision and annulment of an adoption.
S.
366-1. a foreign decision of revocation or revision of adoption is recognized in Belgium if: 1 ° the decision has been made by the authority that the law of the foreign State holds for competent, in the forms and according to the procedure laid down in this State;
2 ° the decision can be considered as past in force of res judicata in that State.
Recognition is nevertheless denied if applicants have knowingly committed a fraud in the procedure or if the decision is the result of a fraud to the law. II cannot be deviated from this rule only if reasons related to respect for the rights of the child, duly established, control.
In any case, recognition is refused if the decision is manifestly contrary to the public policy.
S. 366-2. anyone wishing to enforce a foreign judgment of revocation or revision of an adoption in Belgium to address the request to the federal Central Authority. It proceeded to the verification of the conditions required in article 366-1.
The application referred to in the preceding paragraph is prepared in duplicate and includes: 1 ° a certified copy of the decision;
2 ° a translation certified by a translator sworn to the decision;
3 ° a certified copy of the Act of birth of the adopted child;
4 ° a document authentic mentioning the identity, the date and place of birth, nationality and habitual residence of the adoptive parents or the adoptive parent;
5 ° a document authentic mentioning the nationality and residence of the adopted child;
6 ° a document stating the identity of the mother and the father of the child, if it is known and can be disclosed, or failing that, the identity and quality of the person who represented him in the foreign adoptive procedure.
Absence of production of the documents mentioned above, the federal Central Authority may set a time limit to produce. It can also accept equivalent documents, except in relation to the documents mentioned in paragraph 1, 1 ° and 2 °. If it considers sufficiently lit, it can provide to produce one or more of the documents referred to in paragraph 1, 4 ° to 6 °.
S. 366-3. without prejudice to article 351, a foreign decision annulling an adoption can produce effects in Belgium.
§ 4. Of the registration.
S. 367-1. any decision by the federal Central Authority relating to an application for recognition in Belgium of a foreign decision referred to in this section is motivated and handed to the applicants or notified to them by registered mail at the post office. If the federal Central Authority recognizes a foreign adoption decision, to decide expressly, in its decision, on its equivalence a simple adoption, either a full adoption.
S. 367-2. when the conditions of recognition in Belgium of a ruling establishment, conversion, revocation or revision of an adoption, rendered in a foreign State are met, this decision is saved by the federal Central Authority.
It shall inform the Community authorities.
The King sets the terms and conditions of this registration and the issuance of the document that attests. This issue took place in exemption from all duties or taxes.
Without prejudice to remedies against a decision under this Section, by the federal Central Authority any judgment registered in accordance with the first paragraph is recognised by any authority or jurisdiction, as well as any other person, on presentation of the certificate of registration.
CHAPTER III. -Formalities administrative s. 368-1. the officer of the civil State of habitual residence in Belgium of the adoptive parent or the adoptive parents or one of them, or, failing that, of the adopted person, is competent to transcribe records: 1 ° the device of any decision in Belgium that pronounces, converts, revokes or revises an adoption;
2 ° the device of any foreign judgment for adoption, recognized and registered in Belgium;
3 ° the Act of birth of the adopted child when the adoption is made or recognised in Belgium.
If none of the parties to the adoption is usually resident in Belgium, the officer of the civil status of Brussels has jurisdiction.
Any officer who conducted a transcript pursuant to this section, focused, on the sidelines of an act or a decision contained in its records, a reference to an act or a decision relating to an adoption shall inform without delay the federal Central Authority.
It shall inform the Community authorities.
S. 368-2. when the decision pronouncing or converting an adoption, in accordance with the Convention is transcribed in the registers of civil status, the federal Central Authority establishes, at the request of any interested party, the certificate of conformity referred to in article 23 of the Convention, according to the model laid down by the King.
S. 368-3. If the authority competent recipient of a document requires, a certified translation must be filed.
Unless dispensation, translation costs are the responsibility of the adopter or adopters.
S.
368-4. unless international treaties provide otherwise, the documents issued by a foreign authority who are called to be produced in Belgium to develop, recognize, convert, revoke or revise an adoption must be duly legalized, to the care of the adoptive parents, the adoptive parents or one of them, or the adopted.
S. 368-5. the diplomatic and consular authorities Belgian or those of the State representing the interests of Belgium, competent in notarial matters and civil status, receive and deliver in the State where they are accredited, any act, power of Attorney, certificate or certificate which fall within these materials and relate to a project of adoption to establish or enforce in Belgium or an adoption made or recognised in Belgium.
S. 368-6. the competent authorities shall keep the information they hold on the origins of the adoptee, including those relating to the identity of his mother and his father, as well as the data necessary for the monitoring of its health situation, on the medical of the adoptee and his family past, towards the adoption and for the purposes of allowing subsequent to the adopted If it so desires, to discover its origins.
They provide the adoptee or his representative access to this information, with appropriate advice, to the extent permitted by the Belgian law.
The collection, conservation and access to information are regulated by a royal decree deliberated in the Council of Ministers.
S.
368-7. subject to article 368-6, personal data gathered or transmitted under the Convention or the Act, in particular the reports on the child, his family of origin and the adoptive parents, may not be used for purposes other than those for which they were gathered or transmitted.
S. 368-8. any Belgian authority wishing to come into contact with a foreign authority about an adoption is aimed to this end to the federal Central Authority.
Any Belgian authority which is contacted by a foreign authority about an adoption shall notify without delay the federal Central Authority. .
S. 3. articles 369 and 370 of the Code, replaced by the law of April 27, 1987, are hereby repealed.
CHAPTER III. -Changes of Code judiciary art.

4. in article 792, paragraph (2) of the Judicial Code, the words "as well as in matters of adoption," shall be inserted between the words "article 704, paragraph 1" and the words "the Registrar".
S.
5 II is inserted in the fourth part, book IV, of the same Code, a chapter Vlllbis, comprising sections 1231-1-1231-56, as follows: section Vlllbis. -Of the adoption Section 1st. -Available General s. 1231-1. adoption, the following principles shall apply: 1 ° regardless of the proceedings, the cause is educated in the Council Chamber;
2 ° any judgment is made in a public hearing.
Section 2.
-Adopting internal arts. 1231-2. the provisions of this Section apply to adoptions not involving international travel for a child.
Sub-section 1.
-From the establishment of the adoption at the request of the adopter or adopters s. 1231-3. the application is submitted by way of contradictory motion, the Court of first instance, or if the person you wish to adopt is less than eighteen years old, to the juvenile court.
The request is lodged at the registry and signed either by the adopter or adopters, their lawyer.
The query specifies if it relates to a simple adoption or on a full adoption, and the reasons for adopting or adoptive parents have chosen this type of adoption. It also mentions the name and surname chosen, to the extent permitted by law, for the adopted child. Are appended to the query: 1 ° the original or a certified copy of the documents required for consideration of the application;
2 ° the certificate attesting that the preparation referred to in article 346-2 of the civil Code was followed.
S.
1231-4. to be admissible, the application shall be annexed a certified copy of the birth certificate or an equivalent document, a certificate of nationality and proof of residence of the adoptive parent or the adoptive parents and the adopted child.
Within three days of the receipt of the request, the Registrar shall notify the descendants of the adopted.
S. 1231-5. within eight days of receipt of the request for adoption, the Clerk shall forward it to the procureur du Roi, which collects all relevant information on the proposed adoption without delay. This information includes: 1 ° the opinion of the mother and father of the adopted and, where appropriate, his tutor, his substitute guardian and the guardianship magistrate or, if one of them has appointed a representative in accordance with article 348-9 of the civil Code, the opinion of the latter;
2 ° the opinion of ascending to the second degree of the adopted person, except if the mother or father is opposed;
3 ° the opinion of descendants first-degree, aged over eighteen, of the adoptive parent or the adoptive parents; If one of these descendants has not reached the age of eighteen, the opinion of his father or his mother, other than the adopter is obtained;
4 ° the opinion of the person who raised the child to ensure the maintenance and education in place of the mother and the father;
5 ° the opinion of any person whose consent to the adoption is required and who refused it or, if it has appointed a representative in accordance with article 348-9 of the civil Code, the opinion of the latter.
S. 1231-6. when it is a child, the juvenile court, to illuminate the ability to adopt the adoptive parent or the adoptive parents, ordered a social study during which bodies designated by the competent communities are consulted.
Where it considers it useful, the tribunal is free to order a social study on the project of simple adoption of a person over eighteen years of age.
S. 1231-7. within two months of receipt of the request for adoption, the Attorney for the King returns to the Registrar with its opinion and the information collected under section 1231-5.
The report of the social study referred to in the preceding article is lodged at the registry within two months of the delivery of the judgment which ordered.
S. 1231-8. within three days of filing in the registry of the reports of the Crown and the social study, the adopter and the adoptee whose consent is required are summoned by judicial fold for convenient reading.
They have at the end of a period of fifteen days.
S. 1231-9. between the 15th and the 45th day of the deposit at the registry of the two reports, the case is fixed ex officio by the Court.
S. 1231-10. the tribunal intends in the Council Chamber the following persons convened by the clerk under judicial cover or, if they are aged less than sixteen, by simple letter: 1 ° the adopter or adopters.
2 ° any person whose consent to the adoption is required or if it has appointed a representative in accordance with article 348-9 of the civil Code, the latter;
3 ° the adoptee, aged less than twelve years, it appears at the end of a thorough, ordered by the juvenile court and study carried out by the competent social service, it is in a State to express its opinion on the proposed adoption; otherwise, the child has fifteen working days, from one where it is advised of the outcome of the study by the Prosecutor of the King, to request in writing to the youth court to convene to assess itself its capacity; If it considers in a State to express his opinion, the youth court heard the child; the assessment by the Court of the youth of the capacity of the child is not subject to appeal;
4 ° any person whose opinion, collected by the Prosecutor of the King, is unfavourable to the adoption;
5 ° any person that the Court considers useful to hear.
If they appear, the persons referred to in the first paragraph, 2 ° and 4 °, may declare, by simple act, to intervene in the cause.
In exceptional circumstances, the Court may grant exemption from personal appearance and to permit representation by a substitute decision-maker, a lawyer or a notary.
Except when application is made under section 1231-11, paragraphs 2 and 3, it is issued notice of these hearings.
S.
1231-11. During his appearance before the juvenile court, the child can give up to be heard.
The child is heard alone, in the absence of any person, the clerk and, where appropriate, an expert or a performer except. His opinion is duly taken into account having regard to his age and maturity. His hearing does not confer the status of party to the procedure.
A report of the hearing is attached to the record of the proceedings.
S. 1231-12. anyone whose opinion must be collected in accordance with section 1231-5 may declare, by simple act, to intervene in the cause.
S. 1231-13. the tribunal shall ensure that the choice between simple adoption and full adoption asked knowingly. The tribunal also checks if the conditions laid down by law are met. The tribunal appreciates, taking into account all legitimate interests, if the adoption.
Unless it is established that the child was raised for more than six months by the adoptive parent or the adoptive parents, the Court decides at the earliest six months after the filing of the petition for adoption.
S. 1231-14. the adoptive parent or the adoptive parents may, before the adoption is issued, apply to the youth court, either: 1 ° decide a simple adoption in lieu of full adoption requested in the query.
2 ° decide a full adoption in place of the simple adoption requested in the query.
This request must be based on substantial grounds, be consistent with the best interests of the child and respect for the fundamental rights that are recognized in international law and be supported by all those who have consented to the adoption under the query. The tribunal shall act.
1231-10-1231-12 articles are, in this case, again application.
S.
1231-15. the operative part of the judgment of adoption mentioned including: 1 ° the date of the filing of the application for adoption;
2 ° the name and surname of the adoptive parent or the adoptive parents;
3 ° If pronounced adoption is a simple adoption or a plenary adoption;
4 ° the name and first names that the adopted child is when adopted, and when change thereof at the rate of adoption, the name and forenames it will wear now;
5 ° if applicable, the name and forenames that descendants of the adopted person retain despite the adoption.
The judgment is notified by judicial fold to the adoptive parent or the adoptive parents and any person whose consent was required, as well as to the public prosecutor.
S. 1231-16. the Prosecutor, the adopter or adoptive parents acting jointly and adopted, as interveners, may appeal by application lodged at the registry of the Court of appeal within one month of the notification of the judgment.
The old adoptee of less than twelve years, banned or extended minor is represented by one of the persons whose consent to adoption is required.
S. 1231-17. the procureur du Roi, adoption or the adoptive parents acting jointly and adopted, as well as the interveners, may appeal to the Supreme Court.
The old adoptee of less than twelve years, banned or extended minor is represented by one of the persons whose consent to adoption is required.
S. 1231-18. any judicial decision on the adoption cannot be executed if it is or is still subject to appeal or appeal in cassation.
If the decision concerns several adopted, calling or the appeal made by one of them produces effect in that State.
S. 1231-19. after expiry of the period of appeal or appeal in cassation or, where applicable, after the delivery of the judgment dismissing the appeal, the Clerk shall promptly transmit the device of the judicial decision effecting the adoption

the officer of the competent civil State under article 368-1 of the civil Code.
The civil status officer immediately transcribed the device records and transmits a copy of the Act of transcription to the clerk as well as the federal Central Authority; It shall inform the Community authorities. Mention of the transcript is made in margin of acts concerning the civil status of the adopted child and its descendants.
S. 1231-20. If the adoptive parent, adoptive parents or one of them die after the filing of the application for adoption, but before the transcription of the device of the judgment or the judgment by the civil status officer, the proceedings may continue to the diligence of the adopted child or, where applicable, the survivor of the adoptive parents.
S. 1231-21. the third objection is admissible only if it is formed within a period of one year from the transcription under section 1231-19.
The civil complaint is receivable only if it emanates from the adoptive parents, adopters or of one of them or the old adoptee over eighteen years and provided that it be served in the three months from the date the applicant became aware of the cause on which it based its application. If the adoptee is aware of this issue before his majority, time only runs towards him only from the day when he reached the age of eighteen years.
S. 1231-22. judicial decisions refusing to pronounce the adoption shall not preclude the introduction later a new query, based on acts or facts subsequent to the refusal.
If appropriate, the required consents should be collected again.
S. 1231-23. the procedure of conversion of a simple adoption in plenary adoption is governed by the provisions applicable to the procedure for the establishment of an adoption.
Sub-section 2. -From the establishment of the adoption at the request of the public prosecutor s. 1231-24. when it introduced the query based on articles 347-1, 3 °, 347-2, 3 ° or 348-11 of the civil Code, the Prosecutor is acting either ex officio or at the request of any interested person. The information referred to in section 1231-5, collected by the Prosecutor of the King, are attached to the request.
The adoptive parent or the adoptive parents and, where appropriate, the persons to consent to the adoption under articles 348-6 or 348-7 of the civil Code, or those who refused their consent pursuant to article 34811 of the same Code, are called to the cause.
S. 1231-25. sections 1231-3, paragraphs 3 and 4, 1231-4, 1231-6-1231-23 are applicable to the present proceedings.
Section 3. -Of intercountry adoption article 1231-26. the provisions of this Section apply to adoptions within the meaning of article 360-2 of the civil Code.
Sub-section 1.
-Of the procedure for declaration of suitability to adopt art. 1231-27. the adoptive parent or the adoptive parents appear in person before the juvenile court and said they wanted to start a procedure of international adoption, whether simple or plenary adoption, and the reasons that animate them.
The tribunal shall draw up minutes of such statements and provides the information it considers necessary.
S.
1231-28. If the adopter or adopters already followed the preparation by the competent Community, they hand over to the Court certificate stating that this preparation was followed.
In the contrary case, the Court invites them to apply to the competent Community authority to follow the preparation and the certificate referred to in the first subparagraph. The procedure is suspended.
S.
1231-29. when it is in possession of the certificate referred to in article 1231-28, the tribunal makes an interlocutory judgment by which he orders a social study to enlighten the ability to adopt of the adopter or adopters. In this social study, the bodies designated by the competent communities are consulted.
If it considers it necessary, it can also send this request to the public prosecutor.
The social study report is lodged at the registry within two months of the delivery of this judgment. II is communicated to the public prosecutor.
S. 1231-30. within three days of filing in the registry of the report of the social study, adopting or adoptive parents are summoned by judicial fold: 1 ° to take knowledge of the report. they have for this purpose for a period of fifteen days;
2 ° to appear in person before the Court in the month following the expiration of the time limit to 1 °.
S. 1231-31. the tribunal shall then decide on the suitability of the adopter or adopters to intercountry adoption.
Judgement is motivated. If it is positive, it mentions the number of children that the adoptive parent or the adoptive parents would be able to adopt, as well as any restrictions to their ability.
The judgment may only be used for a procedure for adoption of one or more children. Its validity shall expire three years after its delivery.
S.
1231-32. If the judgment concludes in the ability of the adopter or adopters, the Crown shall, within two months of delivery, a report intended to put at the disposal of the competent authority of the State of origin sufficient information on their person to determine, for each child in need of intercountry adoption, the person offering him the most suitable environment and the best chance of successful integration. This report contains information on their identity, their legal capacity, their personal, family and medical situation, their social environment, their philosophical conceptions, the reasons that drive them and their ability to undertake an intercountry adoption, as well as children that they would be able to support.
The report is lodged at the registry.
S. 1231-33. within three days of the receipt of the report, the clerk send a copy, together with a copy of the judgment, the federal Central Authority. II notify the adopter or adopters. The federal Central Authority made application of article 361-2 of the civil Code.
Sub-section 2. -Of the procedure for declaration of adoptability of a child art. 1231-34. the application is submitted before the juvenile court by the public prosecutor, at the request of the federal Central Authority, which previously obtained from the competent Community central authority informed from a desire for adoption in accordance with article 362-1 of the civil Code, information regarding a child likely to be adopted.
The child is represented by an ad hoc guardian appointed by the Court.
S. 1231-35. the tribunal makes an interlocutory judgment by which he orders a social study to enlighten on the adoptability of the child. In this social study, the bodies designated by the competent communities are consulted.
The social study report is lodged at the registry within two months of the delivery of the judgment. II is communicated to the public prosecutor.
S.
1231-36. within three days of filing in the registry of the report of the social study, the representative of the child is summoned by judicial fold: 1 ° to take knowledge of the report. It has at the end of a period of fifteen days;
2 ° to appear in person before the Court in the month following the expiration of the time limit to 1 °.
S. 1231-37. the tribunal proceeded on the adoptability of the child and whether the conditions referred to in article 362-2 of the civil Code are fulfilled.
The judgment mentions that these checks have been made.
S. 1231-38. If the judgment concludes the adoptability of the child, the public prosecutor shall, within two months of delivery, a report intended to put at the disposal of the competent authority of the host State sufficient information on the child to determine the persons wishing to adopt a child offering him, taking into account its specific needs, the most suitable environment and the best chances of successful integration; This report contains information on the child's identity, adoptability, his social environment, personal and family evolution, his medical past and that of his family, as well as its needs.
The report is lodged at the registry.
S. 1231-39. within three days of the receipt of the report, the clerk send a copy, together with a copy of the judgment, the federal Central Authority. II shall notify the representative of the child. The federal Central Authority is, without delay, pursuant to article 362-3, paragraph 1, 2 °, of the civil Code.
Sub-section 3. -From the establishment of adoption art. 1231-40. unless this section provides otherwise, the provisions of section 2 shall apply to the establishment of an international adoption.
S.
1231-41. the adversarial adoption application is brought in the youth court 1 ° within three years from the date of the decision or the issuance of a certificate issued by the competent authority on the adoption of the foreign State in which the adoptive parent or the adoptive parents reside usually declaring them eligible and suited to adopt and assume an international adoption;
and (2) within six months of the arrival of the child in Belgium.
S. 1231-42. unless it is already in possession of these documents, the tribunal requests without delay to the Federal central authority to transmit: 1 ° a certified copy of the decision or certificate referred to in article 1231-41, 1 °;
2 ° a certified copy of the decision of a Belgian judge or, if the child is habitually resident in a foreign State, of the certificate by which the competent authority of that State declare the child for adoption and finds, having duly considered the alternatives

placement of the child in the State of habitual residence, that international adoption responds to its best interests and respect for the fundamental rights recognized under international law;
3 ° a certified copy referred to in articles 1231-32 of this Code and reports 361-3, paragraph 1, 2 °, the civil Code, or to sections 1231-38 of this Code 362-3, paragraph 1, 1 °, of the civil Code;
4 ° a certificate by which the community central authority or, if the child is habitually resident in a foreign State, the competent authority of that State finds, with reasons, that the decision to entrust the child to the adoptive parent or the adoptive parents meets its interests and respect fundamental rights of recognized under international law.
If, in application of article 361-4, paragraph 1, of the civil Code, the competent Community central authority has accepted documents equivalent to the certificates referred to in article 2, 2 ° and 4 ° of this article, the federal Central Authority transmits these documents.
If the competent Community central authority has provided to produce these certificates or one of them, the federal Central Authority transmits to the judge proof of exemption.
S. 1231-43. Notwithstanding section 1231-5, the notices referred to in 1 ° to 5 ° of this article are not collected if articles 361-3-362-2 of the civil Code have been met.
S. 1231-44. Notwithstanding section 1231-10, the persons referred to in the first subparagraph, 4 ° of this article are not convened if articles 361-3-362-2 of the civil Code have been met.
S. 1231-45. section 1231-6 is not applicable.
Section 4. -Of the revocation of simple adoption and revision of the adoption article 1231-46. unless this Section provides otherwise, the action in revocation of a simple adoption and revision of adoption proceedings are brought, educated and considered in accordance with the ordinary rules of procedure and jurisdiction.
S. 1231-47. the tribunal decide the revocation of the simple adoption or revision of the adoption.
The cause is tried in the Council Chambers.
S. 1231-48. the adopted child is called to the cause by the clerk.
The old adoptee of less than twelve years, banned or extended minor is represented by an ad hoc guardian appointed by the Court at the request of the Prosecutor of the King.
Section 1231-11 is applicable.
S. (1231 - 49. the clerk calls in addition to the cause, as the case may be: 1 ° if the request relates to the revocation of a simple adoption: has) the mother and father of the old adoptee of 18 years of age, when the revocation is requested with respect to the adoptive parent or the adoptive parents;
b) the adoptive parent for which revocation is not sought, when the revocation is requested with respect to only one of the adoptive parents;
2 ° If the application relates to the revision of adoption and if the adopted child is under the age of eighteen years: a) the mother and father of the adopted child, when the contested adoption is a simple adoption;
b) who had the quality of father and mother before the contested adoption produce effects, when it comes to a full adoption.
S. 1231-50. the judgment is pronounced in public hearing. Is it revokes the simple adoption or revises the adoption, the operative part of the judgment refers to the date of the application, the full identity of the adoptive parents and adoptees for which simple adoption is revoked or with respect to which the adoption is revised, the last and first names that will be that which was adopted, as well as one that will be his descendants whose name had been amended by the adoption.
S. 1231-51. If the person who was adopted or his representative so requests, the Court may decide that it will continue to bear the full name or the name which had been attributed to him by the judicial decision effecting the adoption.
S.
1231-52. sections 1231-16-1231-21 are applicable to the revocation of the adoption procedures.
Section 5. -Remedies art. 1231-53. an appeal of any interlocutory and any final judgment rendered under sections 2, 3 and 4 of this chapter, is commenced by application lodged at the registry of the Court of appeal.
S. 1231-54. the appeal period is one month from the notification of the judgement by Justice fold.
S. 1231-55. the Court of appeal may require the Crown to collect additional information, and also order a new social study. The same timeframe are application than those provided for by the provisions relating to the proceedings at first instance.
S. 1231-56. If he is a minor, provisional measures may in the meantime be taken in the interest of the child. ' CHAPTER IV. -Changes of the Code penal Art.
6. in article 391, paragraph 2, of the penal Code, the words "and 364 of the civil Code" shall be replaced by the words "and 353-14 of the civil Code".
S. 7 II is inserted in the second book, title VII, of the same Code, a chapter X, comprising sections 391quater and 391quinquies, as follows: "chapter x. - of crimes and offences in respect of adoption: art." 391quater. Will be punished by imprisonment of one month to one year and a fine of twenty five hundred euro EUR or one of those penalties just anyone will be in a fraudulent intent, obtained or attempted to obtain for himself an adoption contravening the provisions of the Act.
In case of recidivism in the three years following the judgment in force of res judicata of a count in the first paragraph, these sentences could be brought to the double.
S. 391quinquies. Shall be punished by imprisonment of one year to five years and a fine of five hundred twenty-five thousand euro EUR or one of those penalties only anyone who will be reached as an intermediary in obtaining or attempting to obtain an adoption to others without being a member of an organization previously accredited for this purpose by the competent Community or which Member of a body authorised will be obtained or attempted to obtain an adoption to others contrary to the provisions of the Act. » Chapter V. - amendments of Act of 8 April 1965 on the protection of youth arts. 8. in article 33 of the Act of 8 April 1965 on the protection of youth, amended by the Act of 31 March 1987 and replaced by the law of April 29, 2001, the following paragraph is inserted between paragraphs 1 and 2: "However, it covers the right to consent to the adoption of the child, if the judgment expressly States. ''
» Art. 9A section 44 of the Act, as amended by the Act of March 21, 1969 and replaced by the laws of February 2, 1994 and April 29, 2001, the following changes are made: 1 ° to the paragraph 1, the words "articles 350, 353, and 367, § 2, of the civil Code" shall be replaced by the words "special provisions for adoption";
2 ° in article 4 (2), the words "361, § 3, 367, § 7, ' shall be replaced by the words" 353-10, 354-2 ".
S.
10A article 45 1 of the Act, as amended by the laws of the March 21, 1969, 2 February 1994 and April 29, 2001, the words "and sections 361, § 3, and 367, § 7, last paragraph," are replaced by the words "and in articles 10-353 and 354 - 2" and the words "articles 145, 350, 353, 36.7, § 2, 478 and 479 of the same Code" are replaced by the words "articles 145 478 and 479 of the Code and sections 1231-3, 1231-24, 1231-27 and 1231-46 of the Judicial Code".
S. 11. in article 51, paragraph 2, of the Act, amended by the acts of the March 21, 1969, 2 February 1994 and 26 June 2000, the words "in articles 145, 148, 302, 361, § 3, 367, § 7, last paragraph" are replaced by the words "in articles 145, 148, 302, 353-10, 354-2".
S. 12. in article 54, paragraph 1, of the Act, as amended by the Act of 2 February 1994, the words "or adoption or plenary adoption" are deleted.
CHAPTER VI. -Provisions Section 1 finals. -Available General s. 13. in accordance with article 92bis, § 1, of the Special Act of 8 August 1980 institutional reforms, inserted by the Act of August 8, 1988, a cooperation agreement may be concluded with the communities on the joint exercise of competences, which deals inter alia with the communication and exchange of information, data, documents, reports and decisions to achieve an international adoption in the best interests of the child and respect for the fundamental rights him are recognized in international law.
Section 2. -Provisions particular art. 14. article 5 of the law of July 10, 1931, concerning the jurisdiction of diplomatic and consular agents in notarial matters, as amended by the Act of 31 March 1987, is supplemented as follows: '7 ° to acts, powers of Attorney, certificates or certificates concerning a proposed adoption to establish or enforce in Belgium or an adoption made or recognised in Belgium.'
S. 15. the provisions of the youth protection act of 8 April 1965, applicable to ascendants and descendants shall apply to the adoptive parent, the adopted child and his descendants.
S. 16. the King may take the measures necessary for the application of this Act to refugee children and other internationally displaced children, taking into account the provisions laid down in this connection by international organizations which the Belgium is a member or in the international conventions to which it is a party.
S. 17. the plenary adoption by a person of the child or an adopted child of his spouse, ordered in a judgment become final before the date of entry into force of this Act, is deemed to be not breaking the link of parentage or adoptive filiation between the spouse and the child.
S. 18. the adoption

by a person of his child born out of wedlock, ordered in a judgment become final before the date of the entry into force of the Act of 31 March 1987 amending various legal provisions relating to filiation shall be deemed not avenue.
S. 19. the consent of the people forfeited partially or totally of parental authority with respect to their child by a decision which has become final before the date of entry into force of this Act is required for the adoption of this child.
Section 3. -Provisions transitional art. 20. without prejudice to articles 17, 18 and 19, res judicata under the empire of the earlier right cannot be called into question by the application of this Act.
S. 21 where an adoption has been laid or an application for homologation or pronunciation of adoption was introduced in a court prior to the date of entry into force of this Act, these procedures remain subject to the earlier right.
S. 22. when a request for revocation was introduced before a court prior to the date of entry into force of this Act, these procedures remain subject to the earlier right.
S. 23. by way of derogation from articles 21 and 22, while officer of civil status that transcribes records a decision regarding an adoption or door, on the sidelines of an act or a decision contained in its records, a reference to an adoption, the federal Central Authority forthwith.
S. 24 § 1. Former sections 344 and 344ter of the civil Code remain in force until a date to be fixed by the King.
§
2. In the case of recognition of a foreign decision adoption, become final before the date of entry into force of this Act, the provisions of the previous law that govern the substantive conditions for the recognition may apply if they are more favourable to the recognition.
This decision is registered by the federal Central Authority, in accordance with article 367-2 of the civil Code.
Any decision foreign adoption, recognized in Belgium before the entry into force of the present law is recorded, at the request of the parties concerned, by the federal Central Authority, in accordance with article 367-2 of the civil Code.
Section 4. -Entry into force art. 25. the King fixed the date of the entry into force of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Santo Stefano, April 24, 2003.
ALBERT by the King: the Minister of Justice, M.
VERWILGHEN seen and sealed with the seal of the State: the Minister of Justice, M.
VERWILGHEN _ Note (1) 2001-2002 regular Session.
House of representatives.
Parliamentary papers: Bill, no. 2 - 1366/001 of 17 July 2001.
Regular session 2002-2003.
Parliamentary papers: amendments, no. 2 - 1366/002 and 003-1366-2. -Opinion of the High Council of Justice, no. 2 - 1366/004. -Amendments, no. 2 - 1366/005 to 2-1366/010. -Report of January 10, 2003, by MM. Verherstraeten and Van Hoorebeke and Mrs Harry and Larbi, no. 2-1367/011. -Text adopted by the commission, no. 2-1367/012. -Amendment, no. 2-1366/013.
-Text adopted in plenary meeting and transmitted to the Senate, no. 2-1366/014.
Parliamentary Annals.
Discussion and adoption meetings of and 15 and 16 January 2003.
Senate.
Parliamentary documentation: draft transmitted by the House of representatives for evocation No. 2-1428/1. -Amendments Nos. 2-1428/2 and 2-1428/3. -Report of 25 February 2003 and Ms. Taelman you T'serclaes, no. 2-1428/4. -Text amended by the commission, no 2-1428/5. -Amendments, no. 2-1428/6. Text amended by the Senate and returned to the Chamber of representatives, no. 2 - 1428/7.
Parliamentary Annals.
-Discussion and adoption meeting of February 27, 2003.
House of representatives.
Text amended by the Senate, no. 2-1366/015. -Report of 13 March 2003 by Ms. Herzet and M. Verherstraeten, no. 2-1366/016. -Text adopted in plenary and subject to Royal assent, session No. 2-1366/017.
Parliamentary Annals. -Discussion and adoption, 20 March 2003.