Name of law Law amending the Family Code Name of Bill a bill amending the family code acceptance date 08/12/2010 number/year Official Gazette 110/2010 Decree No 340
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
To be published in the Official Gazette the law amending the family code adopted by the National Assembly of the HLI 8 December 2010.
Issued in Sofia on December 14, 2010.
The President of the Republic: Georgi Parvanov
Stamped with the State seal.
Minister of Justice: Margarita Popova
amending the family code (promulgated, SG. 47 of 2009; amend., SG. 74 and 82 of 2009.)
§ 1. In art. 21, para. 4 in the text before point 1, the words "significant contributions" are replaced by "lack of joint contribution".
§ 2. In art. 23, para. 1, after the words "the private property", and the text is placed to the end point is deleted.
§ 3. In art. 39, para. 3, after the word "register" "is added on the day of notary authentication when it is concluded at the time of marriage" and the second and third sentences: "When the contract is concluded before entering into marriage, it shall be submitted for registration by notary on the day of the receipt by him of the certificate for the conclusion of a civil marriage. If the contract is subject to registration in any other judicial district shall apply art. 25, para. 6 of the law on notaries public and notarial activity. "
§ 4. In art. 59 following amendments and supplements shall be made:
1. In paragraph 8. 6, second sentence, the words "the syndrome of ' shall be deleted.
2. in the Al. 7, second sentence, after the words "host family" is a comma, the Union "or" shall be deleted, and after the words "social assistance" insert "or provide social service – resident type".
§ 5. In art. 65, para. 2 the Union shall "and" shall be deleted and the word "after" years "is added and the Directorate for social assistance to this address of the child".
§ 6. In art. 66 following amendments and supplements shall be made: 1. In the title the words "from the other parent and the child" shall be deleted.
2. a para. 5:
(5) except in the cases referred to in paragraph 1. 1 and 4 fathering can be challenged through the courts by a claim within one year of the transfer, of the Directorate for social assistance to this address of the child and by the Prosecutor. "
§ 7. In art. 84 the following endorsements are added:
1. In paragraph 8. 1 creating the second sentence: "If the consent is given after the placement, the 7-day period runs from the day of the giving of consent."
2. in the Al. 2 creates a third sentence: "When the child is provided social service – resident type, or is placed in a foster family and the parent has not requested the termination of the accommodation without legitimate reasons, within the time limit under art. 93, para. 2, Department of social assistance shall inform the Regional Directorate for social assistance on the entry of the child in the register, if the interests of the child so require. "
§ 8. In art. 92 the first sentence shall be replaced by the following: "the parent may withdraw a previously given consent to full adoption of application with a notary certified signature by submitting an application for adoption under art. 95, para. 5, according to the giving of consent for adoption by the designated by the Council for international adoption by the procedure of art. 114, para. 7 early adopter. "
§ 9. In art. 93 following amendments and supplements shall be made:
1. a new paragraph. 3:
"(3) the Adoption without consent of the parent, subject to para. 2 is allowed and when the child is provided social service – resident type, or is placed in a foster family and is entered in the register of children for full adoption. "
2. The current paragraph. 3 it al. 4.
§ 10. In art. 94, para. 2, second sentence, the words ' and ' shall be deleted, and finally a comma and add "as well as of the institution providing social service – resident type".
§ 11. In art. 97 is hereby amended as follows:
1. In paragraph 8. 1, second sentence, the words "the report of the hearing" shall be replaced by the words "required by" report.
2. in the Al. 3 the words "the Agency for social assistance" shall be replaced by ' the relevant regional Directorate for social assistance.
§ 12. In art. 98, para. 1, first sentence, the words "article. 93, para. 2 "are replaced by" article. 100, para. 2 ", the word" 14 days "is replaced by" 7-day ", and the word" notification "shall be replaced by" Declaration ".
§ 13. In art. 100, para. 2, item 3 the end is added "and 3".
§ 14. Article 105 shall be amended as follows:
"The right to information
Art. 105. (1) the adoptive parents or nav″ršiliât sixteen years adopted may ask the District Court which delivered the judgment of adoption, to be given information about the origin of the adoptee when important circumstances make this necessary. The District Court in a hearing behind closed doors, after hearing the birthparents and adopted the opinion of the Prosecutor, shall take a decision.
(2) the decision of the District Court may be appealed by the adoptive parents and the adoptee and protested by the Prosecutor. "
§ 15. In art. 106 following amendments and supplements shall be made:
1. Paragraphs 6 and 7 shall be amended as: "(6) the Prosecutor may request termination of the adoption in the protection of the public interest. In the cases referred to in para. 1.1 the claim is brought within the time limits referred to in paragraph 1. 3 and 4, and under para. 1, item 2 – to the coming of age of the child.
(7) the Directorate for social assistance have the right to request termination of the adoption under para. 1 if it is contrary to the interest of the child. In the cases referred to in para. 1.1 the claim is brought within the time limits referred to in paragraph 1. 3 and 4, and under para. 1, item 2 – to the coming of age of the child. "
2. a para. 9:
"(9) in cases of dissolution of adoption, except in the cases referred to in paragraph 1. 8, involved a Prosecutor. "
§ 16. In art. 113 following amendments and supplements shall be made:
1. In paragraph 8. 1, paragraph 3, the word "permanent" is replaced by "normal".
2. a para. 5: "(5) for entry in the records referred to in para. 1, 2 and 3 shall be paid fees in the dimensions specified by the Council of Ministers. "
§ 17. In art. Al 118. 2 shall be replaced by the following: "(2) the decision on para. 1 may be appealed by the order of art. 98. "
§ 18. In art. 152 following amendments and supplements shall be made:
1. In paragraph 8. 1 before the words "Bulgarian citizen" is added "nenav″ršil age".
2. paragraph 2 is replaced by the following:
"(2) a Payment under paragraph 1. 1 is due when the enforcement case establish that where faulty debtor has no income and does not own the property on which to focus the enforcement. "
3. Paragraph 3 is repealed.
4. in the Al. 4, the words "144 and" are deleted.
5. Paragraphs 5 and 6 shall be read with the following adaptations:
"(5) the alimony shall be paid as from the first day of the month following the month in which they are established the circumstances under para. 2.
(6) where faulty debtor is obliged to repay the State maintenance along with legitimate interest. "
6. a new para. 7:
"(7) the State is believed to be affiliated to private creditor State for taking the paid by the municipality initiated enforcement proceedings together with legal interest. In these cases, the fees and expenses shall be collected directly from the debtor. "
7. The current paragraph. 7 it al. 8.
Transitional and final provisions
§ 19. Bulgarian citizens residing abroad who are entered in the register under art. 57 (b), para. 1 of the Family Code (promulgated, SG. 41 of 1985; amend., no. 11 of 1992; Corr. 15/1992; amend., SG. 63 and 84 of 2003, 42/2005 30/2006 and no. 59 of 2007, OTM, no. 47 of 2009) may participate in an adoption procedure in accordance with this code without having to apply art. 84, para. 3 of the code of private international law, to the expiry of the period of their authorization for entry in the register. Prospective adoptive parents who have not adopted child until 1 October 2011, may apply for entry in the register under art. 113, para. 1, item 2 of this code.
§ 20. Authorisations for entry in the register under art. 57 (b), para. 1 of the Family Code of the Bulgarian citizens residing abroad are valid until 1 October 2011, provided that the period of these permissions is not expired prior to 1 October 2009.
§ 21. Legal proceedings instituted under art. 53 e, para. 1 of the Family Code shall be completed in accordance with the procedure laid down therein, as of the entry into force of a judgment under art. 53 e, para. 4 of the repealed Family Code a child shall be entered in the register under art. 83, para. 2 of this code.
§ 22. Generated before the entry into force of this law, hanging files for the payment of the alimony awarded under art. 152 are addressed in the new terms and conditions.
§ 23. In the code of private international law (promulgated, SG. 42 since 2005; amend., 59/2007 and no. 47 of 2009) in art. 76, para. 1 the words "under art. 12, al. 2 of the family code "shall be replaced by" referred to in art. 6, al. 2 of the family code.
§ 24. This law shall enter into force on the day of its publication in the Official Gazette with the exception of § 19, 20 and 21, which shall enter into force from 1 October 2009.
The law was adopted by 41-Otto National Assembly on 8 December 2010, and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva: