24 AVRIL 2003. - Law Reforming 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. Title VIII of Book 1 of the Civil Code, comprising sections 343 to 370, is replaced by the following:
"TITRE VIII. - From adoption
CHAPTER I^er. - Domestic law
Section 1^re. - General provision
Art. 343. § 1^er. We hear:
(a) enacting: a person, spouses of different sex, or cohabitants of different sex;
(b) cohabitation: two different unrelated persons who have been living together permanently and emotionally for at least three years at the time of the introduction of the application for adoption;
(c) child: a person under the age of eighteen years.
§ 2. There are two types of adoption: simple adoption and plenary adoption.
Section 2. - Provisions common to both types of adoption
§ 1^er. Conditions of adoption
A. Basic conditions
Art. 344-1. Any adoption must be based on just grounds and, if it relates to a child, may take place only in its best interests and in respect of the fundamental rights recognized in international law.
Art. 344-2. A person whose maternal filiation is established cannot be adopted by his mother. A person whose paternal filiation is established cannot be adopted by his father.
B. Ages
Art. 345. The opponent or adopters must have reached the age of twenty-five years and be at least fifteen years older than the opponent.
However, if the opponent is a descendant to the first degree or an adopted spouse or cohabitant, even deceased, of the opponent, it is sufficient that the latter has reached the age of eighteen years and is ten years older than the opponent.
These conditions must be met at the time of the application for adoption.
C. Aptitude
Art. 346-1. If they wish to adopt a child, the adopter or adopters must be qualified and fit to adopt.
It is suitable to adopt, the person who has the socio-psychological qualities necessary to do so.
Art. 346-2. Fitness is appreciated by the youth court on the basis of a social study, which it orders. The person or persons wishing to adopt a child must, prior to this assessment of their ability, have followed the preparation organized by the competent community, including information on the stages of the procedure, the legal effects and other consequences of the adoption, as well as the possibility and usefulness of a post-adoptive follow-up.
The court takes into account, inter alia, the personal, family and medical situation of the person concerned, and the reasons for his or her involvement.
However, the social study is not mandatory when the adopter wishes to adopt a child:
1° apparent, up to the third degree, to himself, to his spouse or his cohabitant, even deceased; or
2° of which he already shares the daily life or with which he already maintains a social and emotional bond.
D. New adoption
Art. 347-1. A child who has already been adopted, in a simple or plenary manner, may be adopted once again, in a simple or plenary manner, if all the conditions required for the establishment of the new adoption are met and:
1° the opponent or previous adopters died;
2° the previous adoption has been revised or the previous simple adoption has been revoked in respect of the adopter or adopters;
3° of very serious reasons require that a new adoption be made at the request of the public prosecutor.
Art. 347-2. A person already adopted, in a simple or plenary manner, by two adopters, may be adopted once again, in a simple or plenary manner, by the new spouse or cohabiting one of them if all the conditions required for the establishment of this new adoption are met and that:
1° the other previous adopter died;
2° the previous simple adoption was revoked in respect of the other adopter;
3° of very serious reasons require that a new adoption be made at the request of the public prosecutor.
Art. 347-3. After the transcript of a judgment pronouncing the simple adoption of a child, the adopter or adopters may apply to convert the child into a plenary adoption. This conversion is permitted only if all the conditions, including consent, required for the establishment of the full adoption.
E. Consents
Art. 348-1. Any person who is at least 12 years of age at the time of the adoption judgment must consent to or consent to adoption.
By derogation from paragraph 1, consent is not required of the person declared prohibited, in a protracted minority state or whose court considers, by reason of factual evidence, that the person is deprived of discretion.
Art. 348-2. When the opponent, one of the adopters or the opponent is married and not separated from the body or cohabiting during the appearance before the court called to rule on the application for adoption, his spouse or cohabitant must consent to the adoption, unless he is unable to manifest his will, without any known or declared absent.
Art. 348-3. When the filiation of a child, a prolonged minor or a prohibited child is established with respect to his or her mother and father, both must consent to adoption. However, if one of them is unable to demonstrate his will, without any known or declared absent residence, the consent of the other is sufficient.
When the filiation of a child, a prolonged minor or a prohibited person is established only in respect of one of its authors, only the child must consent to adoption.
Art. 348-4. The mother and father can only consent to adoption two months after the child's birth.
They are informed about the adoption and consequences of their consent by the court to which consent must be expressed and by its social service.
This information includes the rights, assistance and benefits guaranteed by law or by decree to families, fathers and mothers, whether single or unmarried, and their children, as well as the means to which it is possible to address the social, financial, psychological or other problems posed by their situation.
Art. 348-5. When the filiation of a child or of a prohibition is not established, or where the father and mother of a child or of a prohibited person or the only parent in respect of whom his or her filiation is established have died, in the impossibility of manifesting their will, without any known or declared absence, consent is given by the guardian.
In case of adoption by the guardian, consent is given by the guardian subrogated. If the interests of the guardian subrogated are in opposition to the interests of the minor, consent shall be given by an ad hoc guardian appointed by the court at the request of any interested person or the Crown Prosecutor.
Art. 348-6. In the event of a new adoption of a child, a prolonged minor or a prohibition that has previously benefited from a simple adoption, are required:
1° consent of persons who have consented to the prior adoption;
2° the consent of the opponent or previous adopters, unless the revocation or revision of the previous adoption has been pronounced in respect of them.
If one of these persons is unable to demonstrate their will, without any known or declared absent residence, their consent is not required. Similarly, the consent of the father or mother of origin, guardian and guardian subrogated, or of the spouse or cohabitant of the opponent who would have improperly refused to consent to the prior adoption, or that of the father and mother, when the child was declared abandoned by them.
Art. 348-7. In the event of a new adoption of a child, a proscribe or a protracted minor who has previously benefited from a plenary adoption, the consent of the opponent or previous adopters is required, unless they are unable to demonstrate their will, without any known residences, declared absent or if the revision of the previous adoption has been pronounced against them.
Art. 348-8. Any person whose consent to adoption is required shall express the consent of the person:
1° by statement made in person to the court before the application for adoption, and the court shall issue a record thereof;
2° in an act before a notary of his choice or before the justice of the peace of his domicile.
It is specified whether consent is given for a simple adoption or for a plenary adoption.
The withdrawal of consent is only possible until the judgment is pronounced and, no later than six months after the application for adoption is filed and must be established in the same form as that required for consent to adoption.
Art. 348-9. Any member of the parent family of the child whose consent is required may specify in the declaration or act of his or her consent:
1° that he intends to remain in ignorance of the identity of the opponent or adopters; in that case, he shall designate the person who shall represent him in the proceedings;
2° that he no longer wishes to intervene in the proceedings; in that case, it also designates the person who will represent it.
A person who makes use of one of the possibilities set out in the preceding paragraph makes an election of domicile.
Art. 348-10. Any person whose consent is required and who does not wish to consent to adoption may express his or her refusal or:
1° by statement made in person to the court before the application for adoption, and the court shall issue a record thereof;
2° in an act before a notary of his choice or before the justice of the peace of his domicile.
The failure to appear before the court after being summoned by the clerk under judicial fold is considered to be a refusal of consent.
Art. 348-11. Where a person who has to consent to adoption under sections 348-2 to 348-7 refuses that consent, the adoption may, however, be made at the request of the opponent, adopters or public prosecutor if it appears in the court that such refusal is abusive.
However, if this refusal arises from the mother or father of a child, the court may not pronounce the adoption, unless it is a new adoption, unless it appears, at the end of a thorough social study, that the person has disinterested or compromised his or her health, safety or morality.
§ 2. Effects of adoption.
Art. 349-1. The adoption by decision transcribed in accordance with Article 1231-19 of the Judicial Code shall have effect from the filing of the application.
Art. 349-2. The opponent or adopters may apply to the court, at any time of the proceedings, for an amendment of the first names of the opponent. If the opponent has reached the age of twelve, his consent to this amendment is required.
Art. 349-3. The adoption cannot be attacked by nullity.
§ 3. The establishment of the filiation of the opted after adoption.
Art. 350. The establishment of the filiation of the opponent in respect of the adopter or of one of the adopters after the adoption judgment is cast into a force of a measure deemed to end at this time and for the future of adoption in respect of the adopter or the adopters.
The establishment of the filiation of the opponent in respect of a person other than the opponent or the adopters after the adoption judgment is cast into force of a measure deemed does not put an end to the decision. If this is a simple adoption, this filiation only produces its effects to the extent that they are not in opposition to those of adoption. If this is a plenary adoption, this filiation only produces any effect other than the impediments to marriage provided for in sections 161 to 164.
§ 4. Revision of adoption.
Art. 351. When it results from sufficient evidence that an adoption has been established as a result of a kidnapping, sale or trafficking of children, and only in this case, the review of the judgment giving this adoption is continued, with respect to the adopter or adopters, by the Public Prosecutor's Office.
The revision may also be continued by a person who, up to the third degree, belongs to the child's biological family.
If evidence of the facts referred to in paragraph 1 is established, the court declares that such adoption will cease to produce its effects from the transcript of the review decision on civil registration records.
§ 5. Intermediaries.
Art. 352. No one may intervene as an intermediary in an adoption without having been previously approved for that purpose by the competent community.
Section 3. - Provisions specific to each type of adoption
§ 1^er. Simple adoption.
A. Effects
Art. 353-1. The adoption confers on the opponent, substituting him or her, the name of the opponent or, in the event of simultaneous adoption by two spouses or co-inhabitants, that of man.
However, the parties may request from the court that the opponent retains his name by preceeding or following the name of the opponent or the enacting person.
If the opponent and the adopter or the enacting man have the same name, no modification is made in the name of the opponent.
Art. 353-2. In the event of adoption by a man of the adoptive child of his wife or cohabitant, or in the event of a new adoption under section 347-1, the name of the new adopter or enacting man shall be substituted for that of the adopter, whether the latter has retained or changed his name during the previous adoption.
If the name of the opponent has replaced the name of the opponent, the parties may apply to the court that the new name of the opponent is made up of the name he holds from the previous adoption, preceded or followed by that of the new adopter or enacting man.
When, during the previous adoption, the name of the opponent was added to that of the opponent, the parties may apply to the court that the name of the opponent is now composed of the original name of the opponent or the name of the previous opponent, preceded or followed by that of the new adopter or enacting man.
The opponent who, before an earlier adoption, had the same name as the new adopter or enacting man, resumes that name without modification.
Art. 353-3. If the opponent is more than eighteen years of age, the parties may request from the court that no amendments be made in the name of the opponent or, if the opponent has retained his name at an earlier adoption, that he or she may precede or follow that of the new adopter or enacting man.
Art. 353-4. The adoption by a woman of the adoptive child or child of her spouse or cohabitant does not result in any change in the name of the opponent.
Art. 353-5. The agreement of the adopter or adopters, of the person over twelve years of age and, if under eighteen years of age, of the persons required to consent to adoption under sections 348-3, 348-5, 348-6 or 348-7, is required for applications under sections 353-1, paragraph 2, 353-2, paragraphs 2 and 3, and 353-3.
If there is no agreement, the court shall decide in the best interests of the child and respect for the fundamental rights recognized in international law.
Art. 353-6. The change in the name of the opponent, resulting from adoption, extends to its descendants, even born before adoption.
However, first-degree descendants over the age of eighteen may declare to retain their name for themselves and their descendants. This right shall be exercised by, within fifteen days of the notice referred to in article 1231-4, paragraph 2, of the Judicial Code, making an application expressing this will in the court to decide on the adoption. It is stated that the will to maintain the name in the judgment system is to be acknowledged.
Art. 353-7. Adoption does not have any effect whatsoever in the case of nobiliary rights.
Art. 353-8. The opponent is vested in the rights of the parental authority, including the right to legal enjoyment, the right to obtain his or her emancipation and consent to his or her marriage.
When the opponent dies or is unable to exercise parental authority during the minority of the opponent, guardianship is organized in accordance with this book, title X, chapter II.
Art. 353-9. In the event of adoption by spouses or co-inhabitants, or where the child or adoptive child of the spouse or co-inhabitant of the adopter, the parental authority is exercised jointly by both spouses or co-inhabitants. The provisions of this book, title IX, shall apply.
When the two adopters die or are unable to exercise parental authority during the minority of the adopter, guardianship is organized in accordance with this book, title X, chapter II.
Art. 353-10. In the event of death of the adopter or adopters, the mother and father of the adoptive child, jointly, or one of them may request the youth court that the child be relocated under their parental authority. If this application is approved, the previously organized guardianship is terminated.
Art. 353-11. In the event of a ban, the peace judge designates the opponent as guardian of the opponent. In the event of adoption by spouses or co-inhabitants, the justice of the peace designates them as guardian and guardian. The duties of the guardian and, where appropriate, the subrogated guardian who had been previously designated shall terminate in full right on the date of the transcript of the adoption judgment.
Art. 353-12. The parenting link resulting from adoption extends to the descendants of the opponent.
Art. 353-13. Marriage is prohibited:
1° between the opponent and the opponent or his descendants;
2° between the opponent and the former spouse of the opponent;
3° between the opponent and the old or current cohabitant of the opponent;
4° between the opponent and the former spouse of the opponent;
5° between the opponent and the old or current cohabiting of the opponent;
6° enters the adoptive children of the same adopter;
7° between the opponent and the children of the opponent.
These last two impediments may be lifted by the King for legitimate reasons.
Art. 353-14. The opponent or adopters shall be foods to the opponent and descendants of the opponent if they are in need. If the opponent is minor, section 203 is applicable by analogy.
Adoptity and its descendants must feed the opponent or adopters if they are in need. If the opponent dies without descent, his estate must feed the opponent or the adopters if they are in need during the death; the provisions of Article 205bis, §§ 3 to 5, are applicable to this food obligation.
The obligation to provide food continues to exist between the adult and her father and mother; However, they are only required to provide food to the opponent if they cannot obtain them from the opponent or adopters.
When a person adopts the adoptive child or child of his or her spouse or cohabitant, both the adopter and his or her spouse are required to provide food in accordance with section 203.
Art. 353-15. Adoptity and its descendants retain all their hereditary rights in the original family. They acquire on the succession of the opponent or adopters the same rights as those that a child or his descendants would have, but do not have any right to the succession of the parents of the opponent or adopters.
Art. 353-16. Subject to the rights of the surviving spouse on the entire succession of the deceased non-posterity, the latter shall be determined as follows:
1° Articles 747 and 915 are not applicable;
2° in the absence of provisions between live or willary, the property given by the ascendants of the opponent or by the adopters or collected in their succession and which are in kind in the succession of the opponent, return to those ascendants or adopters or their heirs on the descending line, in charge of contributing to the debts 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 of the goods of the adopte is divided into two equal parts between the original family and the adoptive family.
In the family of origin, this succession is subject to the rules set out in Book III, title l^er. In the adoptive family, it is referred exclusively to the adopter or by half to each of the adopters or their heirs in descending line; if one of the adopters died without leaving any heirs on the descending line, the other adopter or his heirs on the descending line succeed at all. If in one of these families no one is called to collect half of the estate or if the heirs all renounce the succession, the other family collects all the surplus of the property of the opponent.
Art. 353-17. Sections 747 and 915 do not apply, with respect to the original family of the opponent, to the successions of his children, who died after him without posterity. The portion of the succession of the last dying of these children who, under Article 746, is attributed to the ascendants of the line to which the opponent belongs, is divided in accordance with Article 353-16, paragraph 1, 3°.
Art. 353-18. When a simple adoption is pronounced after a simple adoption earlier by application of Article 347-1, 3°, the effects of the first adoption cease in full right, with the exception of the impediments to marriage, from the moment when the new adoption occurs. When a simple new adoption is pronounced after a simple earlier adoption by application of Article 347-2, 3°, the same applies to the former opponent who is not the spouse or cohabitant of the new adopter.
When a simple adoption is pronounced after a previous plenary adoption by application of Article 347-1° or 3°, the effects of the first adoption are only to the extent that they are not in opposition to those of the new adoption. When a simple new adoption is pronounced after a previous plenary adoption by application of Article 347-2, 1° or 3°, the same applies to the former opponent who is not the spouse or cohabitant of the new adopter.
B. Revocation
Art. 354-1. The revocation of simple adoption may, on very serious grounds, be pronounced at the request of the opponent, adopters or both, the opponent or the Crown Prosecutor.
In the event of a simple adoption by two spouses or co-inhabitants, the court may make a revocation only in respect of one of them.
Art. 354-2. In the event of a revocation of a child's simple adoption with respect to the adopter or both enacting spouses or cohabitants, the mother and father or one of them may request that the child be relocated under their parental authority. If they do not make this request or if it is rejected, guardianship is organized in accordance with this book, title X, chapter II. In this case, the Civil Registry Officer shall immediately inform the competent justice of the peace of mind of the transcript of the judgment giving revocation.
However, the mother and father of the child or one of them may still ask the youth court to replace the child under their parental authority. If the youth court accedes to their application, the guardianship referred to in the preceding paragraph shall end.
Art. 354-3. The revocation made by a decision transcribed on civil registration records puts an end to the effects of adoption from the transcript. The impediments to marriage referred to in section 353-13 remain applicable.
§ 2. Plenary adoption.
A. Age condition
Art. 355. Plenary adoption is permitted only in respect of a person under the age of eighteen when the application for adoption is filed.
B. Effects
Art. 356-1. The plenary adoption gives the child and its descendants a status with rights and obligations identical to those that they would have if the child was born of the adopter or adopters.
Subject to the impediments to marriage provided for in sections 161 to 164, a child who is the subject of a plenary adoption ceases to belong to his or her original family.
However, the adoptive child or child of the spouse or cohabitant, even deceased, of the adopter, does not cease to belong to the family of that spouse or cohabitant. If the latter still lives, the parental authority over the opponent is exercised jointly by the opponent and the spouse or cohabitant.
Art. 356-2. The adoption of the plenary confers on the child, substituting the child, the name of the adopter or the enacting man.
However, the plenary adoption by a woman, child or adoptive child of her spouse or cohabitant does not result in any change in the name of the child.
Art. 356-3. When a plenary adoption is pronounced pursuant to Article 347-1, 3°, the effects of the previous adoption cease in full right from the time when the new adoption occurs, with the exception of marriage impediments.
When the new plenary adoption is pronounced pursuant to Article 347-2, 3°, the effects of the previous adoption cease in full right with respect to the former opponent who is not the spouse or cohabitant of the new adopter, from the time when the new adoption occurs, with the exception of marriage impediments.
Art. 356-4. The plenary adoption is irrevocable.
The revision is possible in accordance with section 351.
CHAPTER II. - International law
Section 1^re. - Special provisions of private international law
Art. 357. Regardless of the law applicable to the establishment of adoption, the conditions referred to in section 344-1 must be met and the adopter or adopters must be qualified and fit to adopt.
Art. 358. Regardless of the law applicable to the consent of the opponent, section 348-1 is applicable.
It can only be established as a plenary adoption in Belgium if the consent of the child and those of his/her mother, father or legal representative, when required, has been given for adoption which has the effect of breaking the pre-existing link between the child and his/her father and mother.
Art. 359-1. Any natural or legal, public or private person who acts as an intermediary of adoption must respond to the condüions imposed on him by the law of the State of which he or she is responsible.
Art. 359-2. When an adoption of a child, made abroad and recognized in Belgium, does not break the pre-existing bond of filiation, it may be converted to a plenary adoption if the consents referred to in Article 361-4, 1°, (b) and (c), have been given or are given for adoption that effect.
Art. 359-3. The rules of private international law and the provisions of this section, applicable to adoption, apply to the conversion of an adoption that did not break the pre-existing link of filiation into a plenary adoption.
Art. 359-4. If an adoption is revoked, the protective measures provided for in section 363-4 shall apply.
Art. 359-5. Belgian courts are competent to review an adoption in cases where they are competent to make a revocation.
The conditions and procedure of the revision are governed by Belgian law.
Art. 359-6. The invalidity of an adoption cannot be pronounced in Belgium, even if the law of the State where it was established permits it.
Section 2. - The establishment of an adoption involving the international displacement of a child
§ 1^er. Definitions
Art. 360-1. In this section:
1° "the Convention": the Convention on the Protection of Children and Cooperation in Respect of International Adoption, done at The Hague on 29 May 1993;
2° "Federal Central Authority": the authority designated by the Minister of Justice to perform in Belgium the functions of central authority, as provided for in the Convention, which are assigned to it by this Code and the other missions attributed to it by the latter;
3° "community central authority": the authority designated by the competent community;
4° "approved body": any legal person who, fulfilling the conditions required to act as an intermediary in the matter of adoption, shall be granted the approval of the competent community;
5° "State of origin": the State in which the child usually resides at the time of the establishment of his/her adoptability;
6° "State of reception": the State to which the child was, is or must be moved either after adoption or for adoption in that State;
7° "competent authority of the State of origin" or "competent authority of the host State":
(a) if it is a State bound by the Convention, the central authority of that State within the meaning of the Convention;
(b) if it is a State that is not bound by the Convention, any authority recognized as such by the law of that State.
Art. 360-2. The provisions of this Section shall apply where the child:
1° has been, is or must be moved from the State of origin to Belgium, either after its adoption in that State by a person or persons habitually residing in Belgium, or for such adoption in Belgium or in that State, or
2° usually resides in Belgium and has been, is or must be moved to a foreign State, either after its adoption in Belgium by a person or persons habitually residing in that foreign State, or for such adoption in Belgium or in the foreign State, or
3° resides in Belgium without being allowed to settle or stay there for more than three months, to be adopted by a person or persons who habitually reside there.
The adoptions referred to in this article are referred to as "international adoptions".
§ 2. Children usually residing in a foreign state
Art. 361-1. The person or persons habitually residing in Belgium and wishing to adopt a child whose habitual residence is located in a foreign state must, before making any action for adoption, obtain a judgment declaring them qualified and capable of taking an international adoption.
Prerequisite to the appreciation of their ability, they must have followed the preparation organized by the competent community, including information on the stages of the adoption procedure, the legal effects and other consequences of the adoption, as well as on the possibility and usefulness of a post-adoptive follow-up.
This obligation is imposed on adopters, even if they are related to the child they want to adopt.
Art. 361-2. When the judgment on the suitability of the opponent or adopters, and the report referred to in section 1231-32 of the Judicial Code, was forwarded to him by the Registrar of the Youth Court, the federal central authority shall, without delay, address them to the competent community central authority.
Art. 361-3. The child's movement to Belgium for adoption cannot take place and adoption can only be pronounced if the following conditions are met:
1° the competent central community authority transmitted 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
(a) a report containing information on the identity of the child, his/her adoptability, his/her personal evolution, his/her family situation, his/her family history, his/her social environment and the philosophical conceptions of that environment, as well as his/her special needs; and
(b) other documents required for adoption;
3° the adopter or adopters have written their agreement to take care of the child for adoption;
4° the evidence was provided that the law authorizes or authorizes the child to enter and stay permanently in Belgium;
5° 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. 361-4. Unless the competent central community authority accepts equivalent documents or, in respect of one or more of the documents referred to in the 3° below, if that authority fails to produce them when their production is materially impossible, the documents referred to in Article 361-3, paragraph 1^er, 2°, b) are:
1° a certified true copy:
(a) the birth certificate of the child;
(b) the consent of the child to adoption, when required;
(c) acts of consent of other persons, institutions and authorities whose consent is required for adoption;
2° a certificate of nationality and a certificate of habitual residence of the child;
3° a certificate by which the competent authority of the State of origin:
(a) declares that the child is adoptable;
(b) notes, after having duly examined the possibilities of placing the child in his/her State of origin, that international adoption is in accordance with his/her best interests and respect for the fundamental rights recognized in international law;
(c) finds, on the grounds that the decision to entrust the child to the opponent or adopters also responds to that interest and respect;
(d) certifies that persons, institutions and authorities whose consent is required for adoption have been surrounded by the necessary and duly informed advice on the consequences of their consent, in particular the maintenance or rupture, due to adoption, of the legal relationship between the child and his or her family of origin;
(e) certifies that they have given their consent freely, in the legal forms required, that it has not been obtained for payment or consideration of any kind and that it has not been withdrawn;
(f) certifies that the consents of the mother and the father, if required, were given after the birth of the child;
(g) certifies that the child, having regard to his or her age and maturity, has been surrounded by counsel and has been duly informed of the consequences of adoption and consent to adoption if necessary and that his or her wishes and opinions have been taken into consideration;
(h) certifies that the consent of the child to adoption, if required, has been freely given, in the required legal forms, that it has not been obtained for payment or consideration of any kind and that it has not been withdrawn.
§ 3. Children usually residing in Belgium.
Art. 362-1. When the competent authority of a foreign State transmits a report on one or more persons wishing to adopt a child habitually residing in Belgium, the federal central authority shall, within fifteen days, address it to the community central authority.
Art. 362-2. A child habitually residing in Belgium may only be adopted by a person or persons habitually residing in a foreign State if the youth court seized under section 1231-34 of the Judicial Code:
1° found, on the basis of a social study ordered by the child, and taking into account the cultural and psychosocial factors of the child, that the child is internationally adopted;
2° found that, taking into account the possibilities of placing the child in Belgium, an international adoption meets his or her best interests and respect for the fundamental rights recognized in international law;
3° has ascertained that persons, institutions and authorities whose consent is required for adoption have been surrounded by the necessary and duly informed advice on the consequences of their consent, in particular on the maintenance or rupture, due to adoption, of the legal relationship between the child and his or her family of origin;
4° has ascertained that the consent of persons, institutions and authorities whose consent is required for adoption has been freely given, in the required legal forms, that they have not been obtained by payment or consideration of any kind and that they have not been withdrawn;
5° ensured that the consents of the mother and the father, if required, were given after the birth of the child;
6° ensured that the child, in respect of his or her age and maturity, was surrounded by counsel and duly informed of the consequences of adoption and consent to adoption if necessary, and that his or her wishes and opinions were taken into consideration;
7° ensured that the consent of the child to adoption, when required, was given freely, in the required legal forms, that he was not obtained for payment or consideration of any kind and that he was not withdrawn.
Art. 362-3. The adoption may also take place only 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 motives that animate them, their ability to assume international adoption, as well as on the children they would be able to take care of;
2° received from the federal central authority the report referred to in section 1231-38 of the Judicial Code;
3° found, on the basis of, inter alia, the reports provided for in 1° and 2°, and taking into account the conditions of education of the child, his or her ethnic, religious, philosophical and cultural origin, that the decision to entrust the child to the opponent or adopters meets his or her best interests and respect for the fundamental rights recognized by him or her under international law;
4° transmitted to the competent authority of the host State the report provided for in 2° with proof of the required consents and the reasons for its conclusion on the placement.
Art. 362-4. The decision to entrust a child habitually residing in Belgium to an adopter or adopters usually residing in a foreign State may not be taken, and the child may not leave Belgium for adoption in that State unless the provisions of Articles 362-2 and 362-3 have been complied with and that:
1° the competent authority of the host State has certified in writing that the adopter or adopters are qualified and capable of adopting;
2° the competent authority of the receiving State has certified in writing that the child will be allowed to enter and stay permanently in that State;
3° the competent central community authority has ensured that the adopter or adopters agree to adopt the child;
4° the competent authority of the host State approved in writing this adoption project;
5° the authorities referred to in 3° and 4° have accepted in writing that the adoption procedure continues.
§ 4. Backup measures.
Art. 363-1. 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 until the provisions of Articles 361-1 and 361-3, 1° to 5°, or Articles 362- 2 to 362-4 have been complied with, unless the adoption takes place between members of the same family or if the conditions fixed by the State
Art. 363-2. Any competent authority in the matter of adoption that finds that one of the provisions of the Convention or the law has been misunderstood or is clearly likely to be overdue to decide or act and immediately informs the parties concerned, the federal central authority and the competent community authority, in order to ensure that the necessary measures are taken.
Art. 363-3. When the adopter or one of the adopters knowingly violated a provision of the Convention or the law or committed fraud in the adoption procedure, the youth court refuses to make the adoption. It can only be derogated from this rule if reasons for respect for the rights of the child, duly established, order it.
The Clerk shall transmit the decision of refusal to the federal central authority which shall inform the competent central community authority and, where appropriate, the competent authorities of the State of origin.
The Belgian judge refuses in any case to pronounce the adoption:
1° where it is established that the adoption requested is a result of abduction, sale or trafficking in children; or
2° when it finds that the adoption is intended to divert legal provisions relating to nationality or access to territory, residence, establishment and removal of aliens.
Art. 363-4. When the adoption is to take place after the displacement of the foreign child to Belgium and it appears that the maintenance of the child in the foster family no longer responds to his or her best interests and to the respect for the fundamental rights recognized under international law, the competent authorities shall take, in close consultation, the necessary measures to protect the child, with a view, inter alia:
1° to remove the child from those who wished to adopt it and to take care of it provisionally;
2° in consultation with the competent authority of the State of origin of the child, to ensure without delay a further placement of the child for adoption or, if not, a sustainable alternative care; in this case the adoption of the child may take place only if the competent authority of the State of origin has been duly informed of the new adoptive parents and if the consents required to proceed with this new adoption have been given;
3° as a last resort, to ensure the return of the child to the State of origin, if its best interests and respect for the fundamental rights recognized under international law require it.
The child is consulted in accordance with section 1231-11 of the Judicial Code.
Paragraphs 1^er and 2 also apply in the event of recognition of a foreign decision to revoke or revise an adoption.
Art. 363-5. The measures referred to in the preceding article are taken, inter alia, in the following cases:
1° the adopter or adopters have, without valid reason, omitted to introduce the request for adoption or recognition of the adoption within six months of the arrival of the child in Belgium or have clearly renounced their adoption project;
2° the competent Belgian court seized refused to pronounce or recognize the adoption and this decision became final.
Art. 363-6. In the event of repatriation under sections 363-4 and 363-5, the child's residence, care and travel expenses shall be borne jointly by the adopter or enactors and, where appropriate, by the registered body that intervened at their request and whose responsibility is established, or by any person who intervened illegally as an intermediary in the adoption.
Section 3. - Effectiveness in Belgium of foreign adoption decisions
§ 1^er. Recognition of adoptions governed by the Convention.
Art. 364-1. Any adoption in a foreign State bound by the Convention shall be recognized in full law 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. Recognition can only be denied if adoption is manifestly contrary to public order, given the best interests of the child and the fundamental rights recognized to it under international law.
Any adoption governed by the Convention, made in a foreign State bound by the Convention and which does not meet the above conditions, is not recognized in Belgium.
Art. 364-2. Any person wishing to avail himself of a foreign adoption in Belgium shall present the decision or act of adoption with the certificate of conformity to the Convention:
1° if the opponent usually resides in a State with which Belgium has not entered into an agreement deleting the control of persons at the borders: to the competent Belgian diplomatic or consular authority or to that of the State which represents the interests of Belgium, and this before the child moves to Belgium; this authority shall verify the authenticity of the documents and shall transmit copies to the federal central authority that verifies that adoption is not manifestly contrary to public order;
2° in other cases: to the federal central authority; the latter proceeds to the verification of the authenticity of these documents and the manifest non-contrary of adoption in public order.
When these conditions are fulfilled in the hypothesis referred to in 1°, the competent Belgian diplomatic or consular authority or that of the State which represents the interests of Belgium shall establish a passport in the name of the child, if the child is Belgian, or issue the authorization for the child to stay in Belgium. She advises the federal central authority.
Art. 364-3. The provisions of this paragraph shall also apply to the recognition of foreign adoption conversion decisions governed by the Convention.
§ 2. Recognition of adoptions not governed by the Convention.
Art. 365-1. Judicial decisions and public acts establishing adoption in a foreign State are recognized in Belgium if:
1° the adoption has been established by the authority that the law of that State holds as competent, in the forms and according to the procedure provided for in that State;
2° the decision establishing the adoption may be considered to be forcibly passed in that State;
3° Articles 361-1 to 361-4 have been respected when the child has been, is or must be moved from its State of origin to Belgium after its adoption in that State by a person or persons who usually resided in Belgium at the time of the latter.
Art. 365-2. Recognition is refused, however, if the adopters knowingly committed fraud in the proceedings or if the adoption was established for the purpose of fraud in the law. It can only be derogated from this rule if reasons for respect for the rights of the child, duly established, order it.
Recognition is in any case denied:
1° if adoption is manifestly contrary to public order, taking into account the best interests of the child and the fundamental rights recognized to it under international law; or
2° if the child habitually residing in Belgium has been moved abroad for adoption, in violation of articles 362-2 to 362-4; or
3° if the adoption was intended to divert legal provisions relating to nationality or access to territory, residence, establishment and removal of aliens.
Art. 365-3. Any person wishing to have a foreign adoption in Belgium not governed by the Convention shall apply for recognition
1° before the child's movement to Belgium, if the opponent usually resides in a State with which Belgium has not entered into an agreement suppressing the control of persons at the borders
(a) either to the competent Belgian diplomatic or consular authority or to that of the State which represents the interests of Belgium, which transmits it to the federal central authority;
(b) directly to the federal central authority;
2° in other cases: to the federal central authority. The federal central authority shall verify the requirements of sections 365-1 and 365-2.
When these conditions are fulfilled in the hypothesis referred to in 1°, the competent Belgian diplomatic or consular authority or that of the State which represents the interests of Belgium shall establish a passport in the name of the child, if the child is Belgian, or issue the authorization for the child to stay in Belgium.
Art. 365-4. The application referred to in the previous section shall be duplicated and shall include:
1° a certified copy of the decision or adoption act;
2° a translation, certified by a juror translator, decision or adoption;
3° a certified copy of the certificate of birth of the opponent;
4° an authentic document mentioning the identity, date and place of birth, nationality and habitual residence of adopters or adopters;
5° an authentic document mentioning the nationality and habitual residence of the opponent;
6° a document referring to the identity of the mother and the father of the child, if known and may be disclosed, or failing that, the identity and 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 foreign decision or act formally attests to these facts;
7° if the child usually resides abroad before the adoption established in another State than that of that residence, a document from an authority in the country where the child usually resides and attesting that the authorization to move the child for adoption has been given, unless the foreign decision or act formally attests to that fact;
8° a copy of the judgment on the suitability of the adopters, of the report established in accordance with Article 1231-32 of the Judicial Code, and of the written approval referred to in Article 361-3, 5°, when the child was, is or must be moved from its State of origin to Belgium after its adoption in that State by a person or persons who habitually resided in Belgium at the time of that State;
9° any document certifying that any person or public or private organization that has possibly played an intermediary role in the adoption process meets the conditions for this purpose set out by the law of the foreign State to which it reports.
If the above documents are not produced, the federal central authority may provide a time limit to produce them. It may also accept equivalent documents, except for documents mentioned in 1° and 2°. If it is sufficiently informed, it may not produce one or more of the documents referred to in paragraph 1^er, 4°, 5°, 7° to 9°, when their production proves materially impossible.
Where an application for recognition relates to an adoption that is not an international adoption within the meaning of section 360-2, the federal central authority may, if it considers it to be sufficiently enlightened, dispense with one or more of the documents referred to in paragraph 1^er3° to 9°.
Art. 365-5. The provisions of Chapter Il, section 3, § 2 are applicable to the recognition of foreign adoption conversion decisions not governed by the Convention.
§ 3. Recognition of foreign decisions to revoke, review and cancel an adoption.
Art. 366-1. A foreign decision to revoke or revise an adoption is recognized in Belgium if:
1° the decision was rendered by the authority that the law of the foreign State holds as competent, in the forms and according to the procedure provided for in that State;
2° the decision may be considered to be forcibly passed in that State.
Recognition is nevertheless denied if the applicants knowingly committed fraud in the proceedings or if the decision results from fraud in the law. It can only be derogated from this rule if reasons for respect for the rights of the child, duly established, order it.
Recognition is in any case denied if the decision is clearly contrary to public order.
Art. 366-2. Any person wishing to have in Belgium a foreign decision to revoke or revise an adoption to address the application to the federal central authority. The audit shall verify the requirements of section 366-1.
The application referred to in the preceding paragraph shall be duplicated and shall include:
1° a certified copy of the decision;
2° a translation, certified by a juror translator, of the decision;
3° a certified copy of the certificate of birth of the opponent;
4° an authentic document mentioning the identity, date and place of birth, nationality and habitual residence of adopters or adopters;
5° an authentic document mentioning the nationality and habitual residence of the opponent;
6° a document indicating the identity of the mother and the father of the child, if known and may be disclosed, or failing that, the identity and quality of the person who represented him in the foreign adoptive procedure.
If the above documents are not produced, the federal central authority may provide a time limit to produce them. It may also accept equivalent documents, except for documents referred to in paragraph 1^er1° and 2°. If it is sufficiently informed, it may not produce one or more of the documents referred to in paragraph 1^er4° to 6°.
Art. 366-3. Without prejudice to Article 351, a foreign decision canceling an adoption cannot produce effects in Belgium.
§ 4. Recording.
Art. 367-1. Any decision of the federal central authority relating to an application relating to the recognition in Belgium of a foreign decision referred to in this section shall be based on or notified to the applicants by registered letter to the position. If the federal central authority recognizes a foreign adoption decision, it expressly decides, in its decision, on its equivalence either to a simple adoption or to a plenary adoption.
Art. 367-2. When conditions for the recognition in Belgium of a decision establishing, converting, revoking or revoking an adoption in a foreign state are met, this decision is registered by the federal central authority. It advises community central authorities.
The King sets out the terms of this registration and the issuance of the document that attests to it. This grant shall take place as an exemption from all duties or taxes.
Without prejudice to appeals against a decision rendered by the federal central authority under this Division, any decision registered in accordance with paragraph 1 shall be recognized by any authority or jurisdiction, as well as by any other person, on the simple presentation of the registration certificate.
CHAPTER III. - Administrative forms
Art. 368-1. The officer of the civil status of the habitual residence in Belgium of the opponent or adopters or of one of them, or, if not, of the opponent, is competent to transcribe on his records:
1° the device of any decision rendered in Belgium that pronounces, converts, revokes or revises an adoption;
2° the device of any foreign adoption decision, recognized and registered in Belgium;
3° the act of birth of the opponent when adoption is pronounced or recognized in Belgium.
If none of the parties to adoption usually resides in Belgium, the civil status officer in Brussels is competent.
An officer of the civil status who has made a transcript under this section or, on the margin of an act or decision in his records, has made the mention of an act or decision relating to an adoption without delay informs the federal central authority. It advises community central authorities.
Art. 368-2. When the decision making or converting an adoption, in accordance with the Convention, is transcribed on civil registration records, the federal central authority shall, upon request of any interested party, establish the certificate of conformity referred to in Article 23 of the Convention, as determined by the King.
Art. 368-3. If the competent authority receiving a document requires it, a certified translation must be produced. Except as otherwise provided, translation costs are borne by the opponent or adopters.
Art. 368-4. Unless otherwise provided by international treaties, documents from a foreign authority that are called upon to be produced in Belgium for the purpose of establishing, recognizing, converting, revoking or revising an adoption must be duly legalized, at the diligence of the opponent, adopters or one of them, or optimization.
Art. 368-5. The Belgian diplomatic and consular authorities or those of the State which represents the interests of Belgium, competent in notarial and civil status matters, receive and deliver, in the State where they are accredited, any act, power of attorney, certificate or certificate that fall under these matters and concern a draft adoption to be established or to have a pronounced or recognized adoption in Belgium.
Art. 368-6. The competent authorities ensure that they keep the information they hold on the origins of the opponent, including those relating to the identity of their mother and father, as well as the data, necessary for the monitoring of their health situation, on the medical past of the opponent and his family, for the realization of the adoption and for the purpose of permitting, if he wishes, to discover his origins.
They ensure access by the opponent or his representative to this information, with the appropriate advice, to the extent permitted by Belgian law.
The collection, conservation and access to this information is regulated by a royal decree deliberated in the Council of Ministers.
Art. 368-7. Subject to Article 368-6, personal data collected or transmitted in accordance with the Convention or the law, in particular reports relating to the child, his or her family of origin and the adopters, may not be used for any purpose other than those for which they have been collected or transmitted.
Art. 368-8. Any Belgian authority that wishes to come into contact with a foreign authority about an adoption is for this purpose addressed to the federal central authority.
Any Belgian authority that is contacted by a foreign authority about an adoption shall promptly notify the federal central authority. .
Art. 3. Sections 369 and 370 of the Code, replaced by the Act of 27 April 1987, are repealed.
CHAPTER III. - Amendments to the Judicial Code
Art. 4. In Article 792, paragraph 2 of the Judicial Code, the words "as well as in the matter of adoption" are inserted between the words "Article 704, paragraph 1^er"and the words "the clerk."
Art. 5. It is inserted in Part IV, Book IV, of the same Code, a Chapter Vlllbis, including Articles 1231-1 to 1231-56, as follows:
CHAPTER Vlllbis. - From adoption
Section 1^re. - General provision
Art. 1231-1. In terms of adoption, the following principles are applied:
1° irrespective of the procedure involved, the case is investigated in the board chamber;
2° any judgment shall be rendered in public hearing.
Section 2. - From internal adoption
Art. 1231-2. The provisions of this Section apply to adoptions that do not imply the international movement of a child.
Sub-section 1^re. - Establishment of adoption on request of the opponent or adopters
Art. 1231-3. The application is filed by an adversarial motion before the court of first instance, or if the person who is to be adopted is under the age of eighteen, before the youth court. The request is filed at the registry and signed either by the opponent or the adopters or by their lawyer.
The request specifies whether it concerns a simple adoption or a plenary adoption, and the reasons why the opponent or adopters chose this type of adoption. It also mentions the names and names chosen, to the extent permitted by law, for the benefit. 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 referred to in Article 346-2 of the Civil Code was followed.
Art. 1231-4. In order for the request to be admissible, a certified copy of the birth certificate, or an equivalent act, a certificate of nationality and a certificate of habitual residence of the opponent or adopters, and an opt-in.
Within three days of receipt of the request, the clerk shall notify the descendants of the opponent.
Art. 1231-5. Within eight days of the receipt of the request for adoption, the Clerk shall transmit it to the King's Prosecutor, who shall promptly collect any relevant information on the draft adoption. This information includes:
1° the opinion of the mother and the father of the opponent and, if any, of his guardian, his guardian, his guardian subrogated and the guardian justice of the peace or, if any of them has designated a representative under section 348-9 of the Civil Code, the opinion of the latter;
2° the advice of the ascendants to the second degree of the optimization, unless the mother or father opposes it;
3° the opinion of descendants in the first degree, aged over eighteen years, of the adopter or of the adopters; if one of these descendants has not reached the age of eighteen, the opinion of his father or mother, other than the opponent, is collected;
4° the opinion of the person who collected the child to ensure the maintenance and education in place and place of the mother and father;
5° the notice of any person whose consent to adoption is required and who has refused or, if it has designated a representative under section 348-9 of the Civil Code, the opinion of the latter.
Art. 1231-6. When it comes to a child, the youth court, in order to clarify the suitability of the adopter or adopters, orders a social study in which the bodies designated by the competent communities are consulted.
When it considers it useful, the court is free to order a social study on the simple adoption of a person over the age of 18.
Art. 1231-7. Within two months of receiving the application for adoption, the King's Attorney returns it to the Clerk with his notice and information collected under section 1231-5.
The report of the social study referred to in the preceding article is filed in the Registry within two months of the judgment which ordered it.
Art. 1231-8. Within three days of the filing of the reports of the Public Prosecutor's Office and of the Social Study, the opponent and the opponent whose consent is required are summoned by judicial fold to become acquainted with them.
For this purpose, they have 15 days.
Art. 1231-9. Between 15^e and 45^e day of filing at the registry of both reports, the case is fixed by the court.
Art. 1231-10. The court shall hear in the board the following persons, summoned by the clerk under judicial fold or, if they are under the age of sixteen, by simple letter:
1° the opponent or adopters;
(2) any person whose consent to adoption is required or, if he or she has designated a representative pursuant to section 348-9 of the Civil Code, the latter;
3° the adversity, under the age of twelve, if it appears at the end of a thorough study, ordered by the youth court and carried out by the competent social service, that it is in a position to express its opinion on the draft adoption; in the opposite case, the child has fifteen working days, from the one in which he is notified of the outcome of the study by the King's Prosecutor, to ask in writing to the youth court to summon him in order to appreciate his capacity; if he considers him in a position to express his opinion, the youth court hears the child; the assessment by the youth court of the capacity of the child is not subject to appeal;
4° any person whose opinion, collected by the King's Prosecutor, is unfavourable to adoption;
5° any person that the court considers useful to hear.
If they appear, the persons referred to in paragraph 1, 2 and 4 may declare, by simple act, want to intervene.
In exceptional circumstances, the court may grant personal appearance and authorize representation by a special agent, a lawyer or a notary.
Except where the application of section 1231-11, paragraphs 2 and 3 is made, the record of these hearings is drawn up.
Art. 1231-11. When appearing before the youth court, the child may renounce being heard.
The child is heard alone, in the absence of anyone, the Clerk and, where applicable, an expert or an interpreter excepted. His opinion is duly taken into account in the light of his age and maturity. His hearing does not give him the quality of party to the proceedings.
A transcript of the hearing is attached to the case file.
Art. 1231-12. Any person whose notice must be collected in accordance with section 1231-5 may declare, by simple act, that they wish to intervene.
Art. 1231-13. The court ensures that the choice between simple adoption and plenary adoption has been made known. The court also checks whether the statutory requirements are met. The court appreciates, taking into account all legitimate interests, whether the adoption should be pronounced.
Unless it is established that the child has been raised for more than six months by the opponent or adopters, the court shall decide not earlier than six months after the application for adoption is filed.
Art. 1231-14. The adopter or adopters may, before the adoption is pronounced, request the youth court:
1° to make a simple adoption instead of the plenary adoption requested in the request;
2° to make a plenary adoption instead of the simple adoption requested in the request.
This application must be based on serious grounds, be consistent with the best interests of the child and respect for the fundamental rights recognized in international law and be supported by all those who have consented to the adoption provided for in the application. The court makes it clear.
Sections 1231-10 to 1231-12 are, in this case, again applied.
Art. 1231-15. The adoption judgment system mentions:
1° the date of filing of the request for adoption;
2° the name and names of the opponent or adopters;
3° if the adoption is a simple adoption or a plenary adoption;
4th the name and surnames that the opponent bears during the adoption and, in the event of a change of the latter to the reason of the adoption, the name and surnames that he will now bear;
5° if applicable, the name and surnames that the descendants of the opponent retain despite the adoption.
The judgment shall be notified by judicial fold to the opponent or adopters and to any person whose consent was required, as well as to the Public Prosecutor's Office.
Art. 1231-16. The Crown Prosecutor, the opponent or adopters acting jointly and the opponent, as well as the intervening parties, may appeal by request filed at the court of appeal in the month of notification of the judgment.
An opted person under the age of twelve, a prolonged or prohibited minor is represented by one of the persons whose consent to adoption is required.
Art. 1231-17. The King's prosecutor, the opponent or adopters acting jointly and the opponent, as well as the intervening parties, may be available in cassation.
An opted person under the age of twelve, a prolonged or prohibited minor is represented by one of the persons whose consent to adoption is required.
Art. 1231-18. Any judicial decision in respect of adoption may not be enforced if it is the subject matter or is still subject to appeal or appeal in cassation.
If the decision concerns several adopted decisions, the appeal or the appeal made by one of them only affects it.
Art. 1231-19. After the expiry of the time limit for appeal or appeal in cassation or, if any, after the decision has been pronounced rejecting the appeal, the clerk shall forthwith transmit the judicial decision to the officer of the competent civil status pursuant to section 368-1 of the Civil Code.
The Civil Status Officer immediately transcribes the device on his records and transmits a copy of the transcript to the Registrar and to the Federal Central Authority; It advises community central authorities. Mention of the transcript is made on the margins of acts concerning the civil status of the opponent and his descendants.
Art. 1231-20. If the opponent, adopters or one of them dies after the filing of the application for adoption, but before the transcript of the judgment or judgment by the civil officer, the procedure may be pursued at the diligence of the opponent or, where appropriate, the survivor of the adopters.
Art. 1231-21. The third opposition is admissible only if it is formed within one year of the transcript provided for in 1231-19.
The civil application is admissible only if it comes from the opponent, the adopters or one of them or the opponent over eighteen years of age and provided that it is served within three months of the day the appellant was aware of the cause on which he supported his request. If the opponent is aware of this cause before his majority, this period of time is limited to the date he reaches the age of eighteen years.
Art. 1231-22. Judicial decisions refusing to make the adoption do not hinder the subsequent introduction of a new application, based on acts or facts after the refusal.
Where appropriate, the required consents must be collected again.
Art. 1231-23. The procedure for converting a simple adoption to a plenary adoption is governed by the provisions applicable to the procedure for establishing an adoption.
Sub-section 2. - Establishment of adoption on request of the Public Prosecutor's Office
Art. 1231-24. When the request is filed on the basis of articles 347-1, 3°, 347-2, 3° or 348-11 of the Civil Code, the King's prosecutor acts either on his or her own behalf or at the request of any interested person. The information referred to in section 1231-5, collected by the King's Prosecutor, is attached to the request.
The adopter or adopters and, as the case may be, persons who are called to consent to adoption under sections 348-6 or 348-7 of the Civil Code, or those who have refused their consent under section 34811 of the same Code, are called to the cause.
Art. 1231-25. Articles 1231-3, paragraphs 3 and 4, 1231-4, 1231-6 to 1231-23 apply to this procedure.
Section 3. - From international adoption
Art. 1231-26. The provisions of this Section shall apply to international adoptions within the meaning of section 360-2 of the Civil Code.
Sub-section 1^re. - Procedure for determining the suitability to adopt
Art. 1231-27. The opponent or adopters appear in person before the youth court and declare that they wish to initiate an international adoption procedure, whether it is a simple or plenary adoption, and the reasons that animate them.
The court shall issue a record of these statements and provide the information it considers necessary.
Art. 1231-28. If the opponent or adopters have already followed the preparation organized by the competent community, they shall give the court the certificate attesting that this preparation has been followed.
Otherwise, the court invites them to address the competent community authority, with a view to following the preparation and obtaining the certificate referred to in paragraph 1. The proceedings are suspended.
Art. 1231-29. When in possession of the certificate referred to in 1231-28, the court shall render an interlocutory judgment by which it orders a social study to clarify the suitability of the opponent or adopters. During this social study, the bodies designated by the competent communities are consulted.
If it considers it necessary, it may also apply to the Public Prosecutor's Office.
The report of the social study is filed in the registry within two months of the pronouncement of this judgment. It is communicated to the Public Prosecutor's Office.
Art. 1231-30. Within three days of the filing of the report of the social study, the opponent or adopters are summoned by judicial fold:
1° to read the report; for this purpose, they have 15 days;
2° to appear in person before the court in the month following the expiry of the period provided for in 1°.
Art. 1231-31. The court then decides on the suitability of the opponent or adopters to make an international adoption.
The judgment is motivated. If positive, he mentions the number of children that the adopter or adopters would be able to adopt, as well as any restrictions on their ability.
The judgment can only be used for a procedure for adoption of one or more children. Its validity expires three years after its pronouncement.
Art. 1231-32. If the judgment concludes to the suitability of the opponent or adopters, the Public Prosecutor's Office shall prepare, within two months of the decision, a report intended to make available to the competent authority of the State of origin sufficient information on their person to enable it to determine, for each child in need of international adoption, the person(s) that will provide the most adequate environment and the best chances of good integration; This report contains information on their identity, their legal capacity, their personal, family and medical situation, their social environment, their philosophical conceptions, the motives that animate them and their ability to assume international adoption, as well as the children they would be able to take care of.
The report is filed at the Registry.
Art. 1231-33. Within three days of receipt of the report, the Clerk shall send a copy of the report and a copy of the judgment to the federal central authority. He advises the opponent or adopters. The federal central authority enforces section 361-2 of the Civil Code.
Sub-section 2. - The procedure for finding a child's adoptability
Art. 1231-34. The application is filed before the youth court by the Public Prosecutor's Office at the request of the Federal Central Authority, which previously obtained from the competent Community Central Authority, informed of a desire for adoption in accordance with Article 362-1 of the Civil Code, of information concerning a child likely to be adopted.
The child is represented by an ad hoc guardian appointed by the court.
Art. 1231-35. The court renders an interlocutory judgment by which it orders a social study in order to clarify it on the child's aptability. During this social study, the bodies designated by the competent communities are consulted.
The report of the social study is tabled in the registry within two months of the judgment. It is communicated to the Public Prosecutor's Office.
Art. 1231-36. Within three days of the filing of the report of the social study, the child's representative is summoned by judicial fold:
1° to read the report; for this purpose it shall have fifteen days;
2° to appear in person before the court in the month following the expiry of the period provided for in 1°.
Art. 1231-37. The court then decides on the child's suitability and determines whether the conditions under section 362-2 of the Civil Code are met.
The judgment indicates that these audits were conducted.
Art. 1231-38. If the judgment concludes to the child's suitability, the Public Prosecutor's Office shall prepare, within two months of the statement, a report to make available to the competent authority of the host State sufficient information on the child to enable him to determine the persons wishing to adopt a child who will offer him, in the light of his or her specific needs, the most appropriate environment and the best chances of proper integration; This report contains information on the identity of the child, its adoptability, its social environment, its personal and family evolution, its medical past and that of its family, as well as its special needs.
The report is filed at the Registry.
Art. 1231-39. Within three days of receipt of the report, the Clerk shall send a copy of the report and a copy of the judgment to the federal central authority. He advises the child's representative. The federal central authority shall, without delay, implement section 362-3, paragraph 1^er2°, Civil Code.
Subsection 3. - Establishment of adoption
Art. 1231-40. Unless otherwise provided by this sub-Section, the provisions of Section 2 apply to the establishment of an international adoption.
Art. 1231-41. The conflicting request for adoption is brought before the youth court
1° within three years of the date of the decision or issuance of a certificate from the competent authority in the matter of adoption of the foreign State in which the adopter or adopters usually reside, declaring them qualified and capable of adopting and taking an international adoption; and
2° within six months of the arrival of the child in Belgium.
Art. 1231-42. Unless it is already in possession of these documents, the court immediately requests the federal central authority to forward:
1° a certified copy of the decision or certificate referred to in 1231-41, 1°;
2° a certified true copy of the decision of a Belgian judge or, if the child habitually resides in a foreign State, of the attestation by which the competent authority of that State declares the adoptable child and, after having duly examined the possibilities of placing the child in the State of his or her habitual residence, that an international adoption meets his or her best interests and respect for the fundamental rights recognized in international law;
3° a certified copy of the reports referred to in articles 1231-32 of this Code and 361-3, paragraph 1^er2° of the Civil Code or articles 1231-38 of this Code and 362-3, paragraph 1^er1°, Civil Code;
4° a certificate by which the competent central community authority or, if the child is usually resident in a foreign state, the competent authority of that State finds, on the basis of the support, that the decision to entrust the child to the opponent or adopters shall meet his or her best interests and the fundamental disqualification granted to him or her under international law.
If, pursuant to section 361-4, paragraph 1^er, from the Civil Code, the competent central community authority has accepted documents equivalent to the certificates referred to in paragraph 2, 2 and 4°, of this article, the federal central authority transmits these documents. If the competent central community authority has exempted these certificates or one of them, the federal central authority shall transmit to the judge evidence of the exemption.
Art. 1231-43. By derogation from section 1231-5, the notices referred to in 1° to 5° are not collected if articles 361-3 or 362-2 of the Civil Code have been complied with.
Art. 1231-44. By derogation from section 1231-10, persons referred to in paragraph 1, 4°, of this section shall not be convened if articles 361-3 or 362-2 of the Civil Code have been complied with.
Art. 1231-45. Section 1231-6 is not applicable.
Section 4. - Revocation of simple adoption and revision of adoption
Art. 1231-46. Unless otherwise provided by this Section, the action to revoke a simple adoption and the action to review an adoption shall be brought, instructed and tried in accordance with the ordinary rules of procedure and jurisdiction.
Art. 1231-47. The court shall revoke the simple adoption or the revision of the adoption.
The cause is instructed in the boardroom.
Art. 1231-48. The opponent is called to the cause by the clerk.
The person under the age of twelve, a minor protracted or prohibited, shall be represented by an ad hoc guardian appointed by the court at the request of the Crown Prosecutor.
Section 1231-11 is applicable.
Art. 1231-49. The Clerk further appeals to the cause, as the case may be:
1° if the application concerns the revocation of a simple adoption:
(a) the mother and father of the person under the age of eighteen, when the revocation is requested in respect of the adopter or adopters;
(b) the opponent in respect of whom revocation is not requested, where revocation is requested in respect of only one of the adopters;
2° if the application relates to the revision of an adoption and if the adoption is less than eighteen years:
(a) the mother and father of the opponent, when the adoption under attack is a simple adoption;
(b) persons who had the status of father and mother before the adoption under attack produced its effects, when it was a plenary adoption.
Art. 1231-50. The judgment is delivered in a public hearing. If it revokes the simple adoption or revises the adoption, the judgment device refers to the date of the application, the complete identity of the adopters and the adopted in respect of which the simple adoption is revoked or in respect of which the adoption is revised, the name and surnames that the adopted person will bear, as well as the name of his descendants whose name was changed by adoption.
Art. 1231-51. If the person who was adopted or his or her representative requests, the court may decide that it will continue to bear the names or names assigned to him or her by the court decision making the adoption.
Art. 1231-52. Sections 1231-16 to 1231-21 are applicable to procedures for revoking adoption.
Section 5. - Appeals
Art. 1231-53. The appeal of any judgment before declaring right and any final judgment made under sections 2, 3 and 4 of this chapter shall be filed by application to the court of appeal.
Art. 1231-54. The appeal period is one month from the notice of the judgment by judicial fold.
Art. 1231-55. The Court of Appeal may require the Public Prosecutor to collect additional information and also order a new social study. The same deadlines are applied as those provided by the provisions relating to the proceedings at first instance.
Art. 1231-56. If it is a minor, interim measures may in the meantime be taken in the child's interest. »
CHAPTER IV. - Amendments to the Criminal Code
Art. 6. In article 391 bis, paragraph 2, of the Criminal Code, the words "and 364 of the Civil Code" are replaced by the words "and 353-14 of the Civil Code".
Art. 7. It is inserted in the Second Book, title VII, of the same Code, a Chapter X, comprising articles 391quater and 391quinquies, written as follows: "Chapter X. - Crimes and offences in respect of adoption:
Art. 391quater. Will be punished by imprisonment from one month to one year and a fine of twenty-six euros to five hundred euros or one of these penalties only anyone who, in fraudulent intent, has obtained or attempted to obtain for himself an adoption contravening the provisions of the law.
In the event of a recidivism within three years of a conviction in force of an offence under paragraph 1, these penalties may be doubled.
Art. 391quinquies. Will be punished by imprisonment from one year to five years and a fine of five hundred euros to twenty-five thousand euros or of one of these penalties only any person who has intervened as an intermediary by obtaining or attempting to obtain an adoption for others without being a member of a body previously approved for that purpose by the competent community or who, a member of an authorized body, has obtained or attempted to obtain an adoption for others. »
CHAPTER V. - Amendments to the Law of 8 April 1965 on the Protection of Youth
Art. 8. In section 33 of the Youth Protection Act of 8 April 1965, as amended by the Act of 31 March 1987 and replaced by the Act of 29 April 2001, the following paragraph shall be inserted between paragraphs 1^er and 2: "However, it does not concern the right to consent to the adoption of the child unless the judgment expressly stipulates. »
Art. 9. Section 44 of the Act, amended by the Act of 21 March 1969 and replaced by the Acts of 2 February 1994 and 29 April 2001, is amended as follows:
1° to paragraph 1^er, the words "articles 350, 353, and 367, § 2, of the Civil Code" are replaced by the words "particular adoption provisions";
2° in paragraph 4, 2°, the words "361, § 3, 367, § 7" are replaced by the words "353-10, 354-2".
Art. 10. In article 45, 1, of the same law, as amended by the laws of 21 March 1969, 2 February 1994 and 29 April 2001, the words "and articles 361, § 3, and 367, § 7, last paragraph" are replaced by the words "and articles 353-10 and 354-2" and the words "of articles 145, 350, 353, 36.7, § 2, 478 and 479 of the same Code" are replaced by the words "of articles 145-27,
Art. 11. In Article 51, paragraph 2, of the Act, amended by the Acts of 21 March 1969, 2 February 1994 and 26 June 2000, the words "at Articles 145, 148, 302, 361, § 3, 367, § 7, last paragraph" are replaced by the words "at Articles 145, 148, 302, 353-10, 354-2".
Art. 12. In article 54, paragraph 1^er, of the same law, as amended by the Act of 2 February 1994, the words "or in the matter of adoption or adoption of the whole," are deleted.
CHAPTER VI. - Final provisions
Section 1^re. - General provision
Art. 13. Pursuant to Article 92bis, § 1^er, of the special law of institutional reforms of 8 August 1980, inserted by the law of 8 August 1988, a cooperation agreement can be concluded with communities on the joint exercise of own competence, which includes, inter alia, the communication and exchange of information, data, documents, reports and decisions with a view to achieving international adoption in the best interests of the child and in respect of the fundamental rights recognized in international law.
Section 2. - Special provisions
Art. 14. Article 5 of the Act of 10 July 1931 concerning the competence of diplomatic and consular agents in non-marital matters, as amended by the Act of 31 March 1987, is supplemented as follows: "7° to acts, powers of attorneys, certificates or certificates which relate to a draft adoption to be established or to be recognized in Belgium or an adoption pronounced or recognized in Belgium. »
Art. 15. The provisions of the Act of 8 April 1965 on the Protection of Youth, applicable to ascendants and descendants, apply to the opponent, opponent and descendants.
Art. 16. The King may take the necessary measures for the application of this Act to refugee children and other internationally displaced children, taking into account the provisions established in this regard by international organizations whose Belgium is a member or by the international conventions to which it is a party.
Art. 17. The full adoption by a person of the adoptive child or child of his or her spouse, by a decision that has become final before the effective date of this Act, is deemed not to have broken the bond of filiation or adoptive filiation between that spouse and the child.
Art. 18. The adoption by a person of his or her child born out of wedlock, pronounced by a decision that became final before the date of the coming into force of the Act of March 31, 1987 amending various legal provisions relating to filiation, is deemed to be unaffordable.
Art. 19. The consent of persons who are partially or wholly deprived of parental authority with respect to their child by a decision that has become final before the effective date of this Act is required for the adoption of that child.
Section 3. - Transitional provisions
Art. 20. Without prejudice to sections 17, 18 and 19, the thing judged under the empire of previous law cannot be challenged by the application of this Act.
Art. 21. Where an act of adoption has been prepared or an application for approval or a pronunciation of adoption has been filed before a court before the date of entry into force of this Act, such procedures shall remain subject to the prior law.
Art. 22. Where an application for revocation has been filed before a court before the date of entry into force of this Act, such proceedings shall remain subject to prior law.
Art. 23. By derogation from sections 21 and 22, any civil status officer who transcribes on his or her records a decision relating to an adoption or, on the margins of an act or decision contained in his or her registers, shall forthwith inform the federal central authority.
Art. 24. § 1^er. The former sections 344 and 344ter of the Civil Code remain in force until a date to be determined by the King.
§ 2. In the event of recognition of a foreign adoption decision, which became final before the date of entry into force of this Act, the provisions of the previous law that govern the substantive conditions of recognition may apply if they are more favourable to recognition. This decision is registered by the federal central authority in accordance with section 367-2 of the Civil Code.
Any foreign adoption decision, recognized in Belgium before this Act comes into force, shall be registered, at the request of the concerned, by the federal central authority, in accordance with section 367-2 of the Civil Code.
Section 4. - Entry into force
Art. 25. The King shall determine the date on which this Act comes into force.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Santo Stefano, 24 April 2003.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Regular session 2001-2002.
House of Representatives.
Parliamentary documents:
Bill No. 2-1366/001 of 17 July 2001.
Regular session 2002-2003.
Parliamentary documents:
Amendments, No. 2-1366/002 and 2-1366/003. - Opinion of the Supreme Council of Justice No. 2-1366/004. - Amendments, No. 2-1366/005 to 2-1366/010. - Report of 10 January 2003 by Mr.Verherstraeten and Mr. Van Hoorebeke and Ms. Herzet and Lalieux, No. 2-1367/011. - Text adopted by the Commission, No. 2-1367/012. - Amendment No. 2-1366/013. - Text adopted in plenary and transmitted to the Senate, No. 2- 1366/014.
Annales parliamentarians. Discussion and adoption sessions of 15 and 16 January 2003.
Senate.
Parliamentary documents:
Project transmitted by the House of Representatives for evocation, No. 2-1428/1. - Amendments, n^bones 2-1428/2 and 2-1428/3. - Report of 25 February 2003 by Mrs. Taelman and 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 referred to the House of Representatives, No. 2-1428/7.
Annales parliamentarians. - Discussion and adoption meeting of 27 February 2003.
House of Representatives.
Text amended by the Senate, No. 2-1366/015. - Report of 13 March 2003 by Ms. Herzet and Mr. Verherstraeten, No. 2-1366/016. - Text adopted in plenary and subject to Royal Assent, No. 2-1366/017.
Annales parliamentarians. - Discussion and adoption, 20 March 2003.