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In accordance with the decision of the Parliament:
The purpose of the adoption is to promote the best interests of the child by strengthening the relationship between the child and the parent to adopt and adopt.
Any decision on the adoption of a minor child and any other measure shall primarily take account of the child's best interests.
In assessing the best interests of the child, particular attention shall be paid to the best way of securing a permanent family and a balanced development and well-being for a child who cannot grow up in his own family.
The adoption of a minor child may be confirmed if it is considered to be in the best interests of the child and it has been determined that the child will receive good care and education.
Consideration must be given to the wishes and opinions of the child, in accordance with the age and level of development of the child.
The adoption of a full-age person may be confirmed if it has been established that the adopted person has been a minor to be treated and raised by the adoptive applicant or that, while he or she has been a minor, a minor has been established as a minor. The relationship between the child and the parent.
Adoptio cannot be established if, in the event of adoption, compensation has been granted or promised, or if any other than the adoptive applicant has, in the event of adoption, made or is committed to compensation for the child's maintenance.
The payment of the compensation referred to in paragraph 1 shall be null and void.
The applicant for adoption must be 25 years old. If the adopted is a minor, the applicant shall not be 50 years older.
Notwithstanding paragraph 1, the adoption may be confirmed if the applicant has reached the age of 18 and:
(1) the adoptive is the child of the applicant's spouse or the child of the applicant who has previously been adopted as adopted;
(2) an established relationship between the adoptive and the applicant has been established; or
(3) in the interests of the child, the adoption of adoption is justified.
In addition, the adoption of a minor age may be confirmed, even if the applicant is 50 years older, if the claimant had not reached the age of 50 when the child was appointed to him for adoption.
Where the adoption is a minor, the age difference between the adoptive person and the adoptive person shall not be less than 18 years and shall not exceed 45 years.
Adoption may be established even if the age difference is lower or higher than provided for in paragraph 1 if:
(1) the adoptive is the child of the applicant's spouse or the child of the applicant who has previously been adopted as adopted;
(2) an established relationship between the adoptive and the applicant has been established; or
(3) in the interests of the child, the adoption of adoption is justified.
In the course of marriage, spouses can only adopt a minor child together.
However, the spouse may, on his own, adopt a child or a child of his/her spouse who has previously been adopted as an adopted child.
In addition, the spouse may adopt on its own if the other spouse cannot validly express his/her illness or disability, or if the whereabouts of the other spouse are unknown.
Non-married couples cannot adopt together.
Adoptio cannot be established without the consent of the adoptive person if he has completed 12 years. However, a consent is not necessary if the adoptive person is unable to express his/her will due to illness or disability.
Moreover, it cannot be confirmed, contrary to the will of a child of 12 years younger, if the child is so advanced that attention can be paid to his will.
A minor adoption cannot be established unless his parents have consented to it.
However, for very exceptional reasons, the adoption may be confirmed, even though the parent has refused to give consent or withdraw its consent if the child's best interests are strongly in favour of adoption or consent The refusal or the withdrawal of consent is sufficient to take into account the close relationship between the child and the parent and the quality of the relationship between them.
If the parent cannot validly express his/her illness or disability, or the whereabouts of the parent are unknown, the adoption may, for very exceptional reasons, be confirmed if the child's best interests are strongly in favour of adoption.
If parenthood has not been confirmed, but there is reason to believe that parenthood may subsequently be confirmed, the adoption of a minor can only be established under the conditions laid down in Article 11 (3).
Where the issue of parental confirmation is pending before a court or other authority, the adoption of a minor shall not be confirmed until the issue of parental confirmation has been legally settled, unless it is in accordance with Article 11 (3) The conditions laid down.
If the spouse intends to adopt a child of his/her own minor who has previously been adopted as an adoptive child, the adoption cannot be established without the consent of the other spouse.
Where a person living in a registered partnership or an open marriage intends to adopt a minor child, the adoption cannot be established without the consent of the other Party.
If the consent of a minor's child for adoption cannot be obtained for the death of the parents or for the reasons stated in Article 11 (3) or Article 12 (1), the adoption shall not be established unless the child's guardian or other legal The representative has not given its consent.
The adoption may be confirmed, although the agreement referred to in paragraphs 1 to 3 has not been given if:
(1) the person whose consent to the adoption would be required cannot, because of his illness or disability, validly express his or her will or her whereabouts unknown; or
(2) Whereas the adoption of adoption is of great concern to the child's best interests.
The consent of the parent and of the person referred to in Article 13 shall be given by the Social Welfare Act (710/1982) § 6 To the institution designated by the municipality ( Council social welfare institution ) Or the adoption agency referred to in Article 22 (1) of this Act. The consent of a foreign country shall be given to the consular services (498/1999) May carry out the duties of a public notary, or in accordance with Article 67 (1) of this Act.
Where the issuer of the agreement has not received the consent advice referred to in Chapter 4, he shall be consulted prior to the receipt of the consent, in which the information referred to in Article 24 (2) (1) and (2) shall be provided.
The decree of the Council of State may provide for more detailed provisions on the acceptance of consent.
The consent of the parent to the adoption shall not be accepted until the parent has had the opportunity to thoroughly consider it and not before eight weeks after the birth of the child.
However, the mother's consent may be received earlier than eight weeks after the birth of the child if the adoption claimant lives in a registered partnership with the mother and the child born in the registered partnership has been born, In the legislation on insemination (1237/2006) , as a result of fertilisation treatment.
The consent to the adoption shall be given in writing. The consent shall be dated and signed by the authorising officer.
The consent to the adoption may be withdrawn before adoption is adopted.
Once adopted, adoption will be considered as a child of adoptive parents, not as a child of previous parents, subject to specific provisions or the nature of adoption.
However, if the spouse is the child of the other spouse who has been adopted by the spouse in the course of marriage or after the annulment of the marriage, the child is considered to be the common child of the spouses.
Once adopted, the child's former parents will be released from the obligation to support child support.
If, prior to adoption, the previous parent is committed or required by a court order to carry out maintenance payments to the child, he shall be released from payment of maintenance payments due after adoption. If maintenance is confirmed as a lump sum, the previous parent will be released from the maintenance period if it has not been paid before adoption.
The name of the adoptive child shall be named in the name of the (694/1985) And citizenship by citizenship law (2003) .
The child's parent who intends to adopt a child's child as an adoptive child, and the person who intends to adopt a minor child, shall request the organisation of the adoption of the counselling of the social services institution of the municipality or of the Social and Health Service; and The Agency's authorised adoption agency.
Adoption counselling is provided by the social welfare institutions of the municipalities and the adoption agencies, which have been authorised by the Social and Health Authorisation and Control Agency to carry out adoption counselling ( Donors for adoption ).
The owner or worker who looks after the adoption of the adoption of the adoption of the authorisation shall be required to: (272/2005) The professional qualification of a social worker. He must also be familiar with the issues of adoption.
When a child's parent who intends to adopt a child's child as an adoptive child has asked for the organisation of the adoption of the adoption of the child, the adoption of a social worker responsible for adoption by the adoptive child ( Social worker responsible for adoption ) And start adoption of adoption counselling without delay.
In all matters relating to adoption, the issuing body shall monitor the best interests of the child and provide advice, help and support the child, the parents of the child, the adoption applicants and the other persons whose consent is required for adoption.
Adoption counselling shall in particular:
(1) provide the persons referred to in paragraph 1 with information on the purpose, conditions and legal effects of adoption;
(2) provide the child's parents with information on the social services and financial support measures that are available to them and the child, as well as helping them to carry out a thorough examination of the matter;
(3) help applicants to assess their capacity as adoptive parents and prepare for adoptive parents;
(4) clarify and assess whether the conditions for adoption exist;
(5) establish whether the conditions are to be agreed between the child and the previous parents and, where appropriate, assist in the conclusion of the contract;
(6) direct applicants, where appropriate, to seek international adoption services;
(7) direct applicants, where appropriate, to apply for adoption;
(8) Ensure, where appropriate, the placement of the child to applicants;
(9) any delay after the establishment of the child shall take measures to support and monitor the success of the investment in the interests of the child; and
(10) Ensure that applicants without delay apply for adoption and shall, where appropriate, assist in the submission of the application.
If the adoption agency is adopted by the adoption agency, it shall obtain an opinion from the institution of the Social Welfare Service of the child and of the applicants on their circumstances.
The decree of the Council of State may provide for more detailed provisions on the content and implementation of adoption counselling.
Where appropriate, the advice, assistance and support provided for in Article 24 (1) shall be provided by the Adopt-O after adoption of the adoption. Adoptive parents must also be given the opportunity to clarify the need for special assistance and support for the adoptive child and family.
Where appropriate, the Adoption Adviser shall instruct the adoptive child and family, as well as the previous parents of the child, at the earliest possible stage of social or health services or other assistance and support.
The social worker responsible for the adoption of the agency shall personally discuss with the adoption of the minor if the age and level of development of the child is possible. The child shall be provided with the information referred to in Article 24 (2) (1), as referred to in Article 24 (2) (1), as well as the information on the subject in question which may be presumed to be relevant to the child.
The social worker in the field of adoption shall endeavour to find out how the child views adoption. Where appropriate, efforts shall also be made to clarify how the child will react to his previous parents' past adoption. The opinion of the child needs to be clarified in a subtle way and in such a way that this does not unduly interfere with relations between the child and his parents or other close people.
After the closure of the opinion, a child who has completed 12 years must be given an opportunity to give his consent to the adoption.
Where appropriate, the following principles shall be observed for the purpose of adoption of the child for adoption purposes:
(1) the child is placed with the applicants who are judged to be best placed to take care of his good care and upbringing;
(2) the child is placed in a family where he receives two adoptive parents, unless there are compelling reasons for the best interests of the child to place him in one of the older family;
(3) siblings are placed in the same family unless it is contrary to the circumstances of the child;
(4) if there are already children in the family, these must be parents;
(5) the wishes of the child's parents for the characteristics and circumstances of the adoption family shall be taken into account, unless their consideration is contrary to the best interests of the child.
The child's investment is carried out by the social worker responsible for the adoption of the child in cooperation with another social worker or other worker who has experience in the protection of children.
If the adoption of the adoption of the adoption of a child by the adoption of the adoption of the adoption of the adoption of the adoption of the adoption by the adoption of the adoption of the adoption of the adoption of the adoption of the adoption of the adoption of the adoption of the adoption of a decision, the Commission shall, in cooperation with the Child Protection Authority, arrange a new investment. If this is not possible, the donor and the child protection authority shall take any other necessary measures to organise a child-benefit care.
Where a child who is adopted has arrived from a foreign country in Finland, the provider of adoption and the child protection authority shall take measures pursuant to paragraph 1 in conjunction with the service provider referred to in Article 32. If a child cannot be provided with a new investment and is not in his/her best interests in Finland, the donor of adoption, the child protection authority and the service provider shall also take steps to return the child to the State from which he has arrived, If the return is in the best interests of the child.
Any person responsible for the measures referred to in paragraphs 1 and 2 shall, in person, discuss the matter with the child if it is possible to take into account the age of the child and the level of development. A child's opinion on this matter shall be determined and taken into account if the child has completed 12 years or is so advanced that attention can be paid to his will.
The Adoping Agency may suspend adoption of adoption advice to the applicant if, on the basis of the information shown in the course of the advice, the conditions for adoption do not exist.
The applicant may appeal against the decision referred to in paragraph 1 by applying to the administrative court as in the case of administrative law (18/06/1996) Provides. An Adoptioner may appeal against the decision of the administrative court if the Supreme Administrative Court grants an appeal.
Article 49 (3) provides for the temporary suspension of the adoption of adoption.
For the purposes of the adoption of an application for adoption and adoption of adoption, the employer of the adoption adviser shall provide a written explanation of the adoption of the adoption counselling. The report shall contain the necessary information on the parties involved and their circumstances.
If a minor child residing in Finland is to be adopted as an adoptive child to an applicant who has his habitual residence in a foreign country, the person responsible for adoption shall draw up a written report of the child, which shall contain the necessary information. The child and his circumstances.
A decree of the Council of State may provide more detailed provisions on the exact content, duration and transmission of explanations.
An Adoptioner who has his habitual residence in Finland and intends to adopt a child under the age of 18 years of residence in a foreign country shall request an international adoption service.
However, an applicant who has been granted the authorisation referred to in Article 42 does not need to request an international adoption service.
International adoption services may be provided by the social welfare institutions and other entities of the municipalities which have been authorised by the adoption board ( Service providers ).
The provider may cooperate with the competent authority, organisation or other institution ( Foreign service provider ) Only if the cooperation is authorised under Article 90.
The provider's role is to assist the adoptive person in measures relating to the international adoption of a child under the age of 18 and to ensure that adoption is carried out in the best interests of the child, the rights of the child recognised under international law. With respect and without any injusting economic or other benefits.
The service provider shall in particular:
(1) forward the adoptive applicant who has his habitual residence in Finland, a child under the age of 18 who has his habitual residence in a foreign country which needs adoptive parents and who cannot find suitable adoptive parents in his country of residence;
(2) assist in the adoption of adoption measures;
(3) to assist the adoptive parents and their parents, as well as their descendants and their parents, to obtain information about the child and their origin in the State from which the child has arrived; and
(4) provide the information referred to in paragraph 3 when providing the beneficiary with the necessary support and guidance.
The provider may also pass on an adoptive person who has his habitual residence in a foreign country, a child under the age of 18 who has his habitual residence in Finland, who needs adoptive parents and who cannot find suitable adoptive parents in Finland.
The provider is responsible for the protection of children and for cooperation in the field of international child-taking (Sops29/1997), hereinafter referred to as: The Hague Convention, As an authorised institution within the meaning of Chapter III, the tasks required by the Agreement which are entrusted to the service provider by law or by a decree of the Council of State.
The duties of the provider are laid down in greater detail by a decree of the Government.
In each case, the provider shall ensure that the compensation referred to in Article 5 for adoption or for the maintenance of a child has not been or has not been promised or committed.
Without prejudice to the provisions of Article 28, where a service provider before the adoption of adoption finds that the child's investment is in the best interests of the child, it shall, notwithstanding the rules of confidentiality, contact the To take measures.
The provider may charge a fee for international adoption services and for the costs incurred in the matter. The fee shall not be imposed on the service provider as a result of the actual costs incurred. Costs and reimbursement of costs are laid down in more detail by a decree of the Council of Ministers.
The provider may require the payment and compensation to be paid in advance or that they are subject to an acceptable security. The service provider shall, on request, provide in advance a written estimate of the fees and charges resulting from the case.
The obligation to pay is not incurred in so far as there have been undue payments or expenses due to an error or omission by the service provider.
If the service is suspended and payment or compensation has been paid in advance, the service provider shall reimburse the services in so far as they relate to measures which are not carried out on the basis of the suspension.
The decision of the service provider of the service provider or of the service provider concerning the service charge or payment of expenses may be required by the service provider. The correction procedure is laid down in the Administration (2003) .
The decision to amend the request for adjustment shall be appealed to the Administrative Court as provided for in the Administrative Law. The debtor or the service provider may appeal against the decision of the administrative court if the Supreme Administrative Court grants an appeal.
In the event of a delay in payment of the service charge or reimbursement of expenses, the (633/1982) Interest on late payment in accordance with paragraph 1. Articles 5, 6, 10 and 11 shall also apply to the interest rate.
The service charge and the expense allowance and the interest rate charged to them are directly recoverable, as is the case in the Law on the implementation of taxes and charges (20/2007) Provides.
The provider may refuse to issue an international adoption service to the adopter or suspend the provision of the service if:
(1) the applicant does not fulfil the conditions set by the foreign service providers who cooperate with the service provider; or
(2) the applicant has failed to fulfil its obligation of payment under Article 35 or to lodge a security and, in spite of the request, did not fulfil his obligation within a reasonable time limit.
An Adoptioner may appeal against the decision referred to in paragraph 1 by applying to the administrative court as provided for in the Administrative Law. An appeal applicant or a service provider may appeal against the decision of the administrative court if the Supreme Administrative Court grants an appeal.
The temporary suspension of the service is governed by Article 49 (3).
A contractual clause derogating from Articles 35 to 37 to the detriment of international adoption services is invalid.
Where an adoptive applicant or a child under the age of 18 years or both have their habitual residence in Finland, the applicant shall not take the child with the child for adoption, the child of adoption may not place the child with the applicant for adoption, or The service provider may pass on the applicant to the child, unless the applicant has a permit for adoption.
However, no adoption authorisation is required if both the applicant and the child have their habitual residence in Finland and:
(1) the spouse, in the course of marriage or the death of a marriage, intends to adopt the child of another spouse on the grounds of death; or
(2) the child who has come to the applicant for purposes other than adoption has been well established and raised by the applicant.
If the adoptive person has his habitual residence in Finland and intends to adopt a child residing in Finland, the authorisation for adoption may be granted if the conditions of adoption laid down in Articles 3 and 6 to 9 and in Article 13 (1), (2) and (4) are met and the applicant has been granted Adoption counselling.
If the adoptive person has his habitual residence in Finland and intends to adopt a child residing in a foreign State, the authorisation may be granted if the conditions of adoption set out in Articles 3 and 6 to 9 and in Article 13 (1), (2) and (4) are met, the applicant shall: Of adoption counselling and the applicant for international adoption services.
If the adoptive person has his habitual residence in Finland and intends to adopt a child residing in a foreign country and the adoption cannot be carried out through the service provider, the authorisation may be granted if Articles 3 and 6-9 and 13 (1), (2) and (4) The conditions of adoption provided for in the article are met and the applicant has been granted adoption advice.
The authorisation referred to in paragraph 1 may be granted only for the adoption of a child who:
(1) is close relatives of the applicant or his/her spouse or of an earlier family member of the applicant's adoption; or
2) has come to the applicant for non-adoption purposes and has been institutionalised and raised by the applicant.
If the adoptive person is habitually resident in a foreign country and intends to adopt a child residing in Finland, the authorisation for adoption may be granted if:
1) the conditions of adoption laid down in Chapter 2 are met and the child has been subject to adoption counselling;
(2) the applicant has presented a report from the competent authority of the Member State in which he resides or any other competent institution, on the applicant and his circumstances, as well as his eligibility and suitability for adoption;
(3) the applicant has submitted a report that the necessary advice has been provided to him and to the parents of the child and other persons whose consent is required for adoption; and
(4) the applicant has submitted a statement that the child is authorised or authorised to enter the country of residence of the applicant and reside there permanently.
The adoption certificate shall be issued by the Board of adoption by the adoption applicant.
When granting the authorisation, the adoption board may impose a specific condition or restriction on adoption.
The adoption certificate shall be issued by the adoption board.
A decree of the Council of State may provide for more detailed provisions on the content and transmission of the certificate.
The authorisation shall be valid for a period not exceeding two years.
The Adopption Board may, upon application, extend the period of validity of the authorisation for a period not exceeding two years after obtaining the opinion of the issuing advisory and, where appropriate, the service provider.
If, within that period, the child is placed with the adoptive person for adoption, the authorisation shall continue until the adoption is confirmed.
The validity of the authorisation shall cease if the child is taken away from the adoptive person because of the failure of the investment.
The adoption agency may withdraw the authorisation if the circumstances of the adoptionapplicant have changed substantially since the authorisation was granted, so that the adoption of the adoption in accordance with the authorisation would not be in the best interests of the child. However, the authorisation cannot be withdrawn after adoption has been established.
The correction of the error in the decision of the Adoption Board shall apply as provided for in Articles 50 to 53 of the Administrative Code.
If, under the circumstances of an adoptive person, an essential change occurs during the period of validity of the authorisation, he shall immediately inform the adoption board. Without prejudice to the confidentiality rules, the adoption board shall, without delay, inform the issuing authority of the notification and, if the applicant receives an international adoption service, in addition to the service provider, and, where appropriate, request further clarification. From a change of heart.
Notwithstanding the provisions of confidentiality, the provider of the Adopt and the service provider shall, without delay, inform the adoption board of any change in the circumstances of the applicant, which may lead to the withdrawal of an authorisation, and a circumstance which may: Result in the removal of the Board's decision pursuant to Article 50 of the Administrative Code. Where a declaration is made by the provider of adoption and the applicant receives an international adoption service, the adoption committee shall without delay, without prejudice to the provisions of confidentiality, inform the service provider thereof.
Where a declaration referred to in paragraph 2 has been made or received by the provider of the adoption of the information referred to in Article 2 (1) or (2) of the information referred to in paragraph 2, it shall suspend the adoption of the Until the adoption of the notification by the adoption board. The decision to suspend shall not be subject to appeal.
The matters referred to in this article must be dealt with as a matter of urgency by the adoption board.
An Adoptioner may appeal against the decision of the Adopting Board, which relates to the case referred to in this Chapter, to the administrative court as provided for in the Administrative Law.
The Adoptioner or the Adopt Board may appeal against the decision of the Administrative Court if the Supreme Administrative Court grants an appeal.
Adoption is confirmed by a court decision.
The issue of adoption shall be brought before the District Court by a written application by the applicant.
The competent court in the case of adoption of adoption provides for: In Chapter 10 of the Court of Justice .
The application for adoption shall be accompanied by a necessary statement that the adoption of adoption is in accordance with the law.
More detailed provisions may be laid down by the Finnish Government Decree on the explanation to be attached to the application.
The court or tribunal shall, on its own initiative, provide for any explanation necessary to resolve the adoption of the adoption of the adoption.
Where appropriate, the court shall consult all persons who may provide information on the issue of adoption.
The parent and guardian of the minor child and the guardian must be given an opportunity to be consulted on the adoption of the adoption. Where a child's parent is a disabled person, an opportunity to be heard shall also be given to his/her guardian and guardian. If the viability of the adoptive person is limited, his guardian must also be given an opportunity to be heard.
However, the hearing in accordance with paragraph 1 shall not be necessary if the invitation cannot be communicated to the hearing or the hearing has previously been reliably determined, or if the hearing is otherwise deemed unnecessary for the purpose of resolving the case.
If the parent of the child has given consent to the adoption of the consent declaration that he does not wish to be heard by a court, he shall not be given the opportunity to be heard without particular reason.
Where the best interests of the child who are adopted are in conflict or may be in conflict with the interests of his or her guardian or of the interests of the guardian, the Court of Justice shall, acting on its own motion, A guardian to supervise the interests of the child.
By virtue of paragraph 1 of the Court of Justice, the guardian is entitled to receive a fee and reimbursement of the State's resources in accordance with the provisions of the Law (257/2002) Articles 17 and 18 provide for the remuneration and compensation of the assistant. In other respects, the guardian is governed by the (442/1999) Provisions.
The applicant, the child and the person who, pursuant to Article 54 (1), must be consulted shall have the right to appeal against the decision of the court concerning the adoption of the adoption.
The issues of adoption must be dealt with as a matter of urgency at all legal levels.
The court or tribunal may, in the event of adoption or after adoption, decide that the minor adoption child shall have the right to meet or otherwise communicate with his parent. Confirmation of the right to contact is conditional on the prior consent of the previous senior and adoptive parents and there is no reason to believe that contact would be contrary to the best interests of the child.
When making a decision, the court or tribunal may, at the request of a minor extent, amend or specify the conditions for contacts between the parent and the adoptive parents of the child, if it contributes to the implementation of the communication and is in the best interests of the child.
The decision on the right to contact may be amended by a new decision of the Court of Justice if the former parent and adoptive parents of the child have agreed to amend the right of contact, provided that the circumstances are Has changed or otherwise there is cause for concern.
When dealing with the issue of communication, consideration shall be given to the wishes and opinions of the child, in accordance with the age and level of development of the child.
The issue of contact shall be brought before the District Court by a written application, which may be made by the previous parent of the child, the adoptive parent, the child's guardian or the institution of the municipality.
If the matter of contact is brought before the court other than the adoption of adoption, the matter shall be dealt with by the Court of Justice, The Court of Justice, Chapter 10, Have jurisdiction in relation to the right of access.
The child's previous parents, adoptive parents and the guardian of the child shall be given an opportunity to be heard on the application.
However, the hearing in accordance with paragraph 1 shall not be necessary if the invitation cannot be communicated to the hearing or the hearing has previously been reliably determined, or if the hearing is otherwise deemed unnecessary for the purpose of resolving the case.
In order to clarify the wishes and opinions of the child and the circumstances affecting other contacts, the court shall, where appropriate, obtain a report on the child, his previous parents and the home municipality of adoptive parents. From the social services institution. If such a person does not have a municipality of residence in Finland, the report shall be obtained from the institution of the social welfare service of the municipality in which the person resides.
The child's personal hearing before the Court of Justice, the disclosure of confidential information and the provision of a temporary order shall apply, in the case of court proceedings concerning the right of access, for the custody of the child; and The law on access Article 15 of the ec Treaty ( (2), Article 16 (3) and Article 17.
The decision on the right to contact shall be implemented in accordance with the law on the implementation of the decision on parental responsibility and rights of access (19/1996) Provides for the implementation of the decision on rights of access. However, when implementing a decision on the right to contact, the child cannot be ordered to be followed.
An application for adoption will be examined in Finland if the adoption or adoption applicants have their habitual residence.
An application for adoption may also be examined in Finland if:
(1) the adoption or the applicant is a Finnish national; and
(2) it cannot be declared admissible in the State in which the adopter or the applicant is resident or domiciled, or the initiation of a case in such a State would cause disproportionate difficulties.
However, when the adoptive and the applicants are nationals of Finland, Iceland, Norway, Sweden or Denmark, an application for confirmation of adoption will be examined in Finland only if either of the applicants is domiciled in Finland.
The procedure for setting adoption and adoption conditions is governed by Finnish law.
Admission to adoption in a foreign country may also be granted in accordance with the form and procedure to be followed by the law of that State.
If the consent required for adoption is absent due to the fact that adoption is not regulated in the State where consent should be given, adoption may be established if this is clearly equivalent to the will of the person whose consent is required for adoption.
The adoption and dismantling of adoption in a foreign country are recognised in Finland as set out below.
A decision or other legal measure taken in a foreign country may be considered as a means of strengthening adoption within the meaning of this Law, if it is essential to strengthen the relationship between the child and the parent, even if the legal The effects of the adoption in that State would not be equivalent to the legal effects of adoption by Finnish law.
The adoption in a foreign country, in accordance with the adoption consent referred to in Chapter 6, is automatically valid in Finland.
The adoption in a foreign country is without a different confirmation in Finland, including:
(1) where both adoptions have been habitually resident in that State at the time of adoption and have been resident there for a period of at least one year immediately before adoption; or
(2) where the adoption is valid in the State where the applicants have had their habitual residence at the time of adoption and where they have been resident for a period of at least one year immediately before adoption.
However, if the adoption of the authorisation referred to in paragraph 2 has become an application for adoption, the adoption shall only be valid in Finland if the authorisation has been granted.
The dissolution of the adoption in a foreign country shall be without any corroboration in Finland if:
(1) the adoptive child and both adoptive parents have been habitually resident in that State at the time of landing and have been resident there for a period of at least one year immediately before the adoption of the adoption; or
(2) the dismantling is valid in those States where the adoptive child and adoptive parents have had their habitual residence at the time of the landing and where they have been resident for a period of at least one year immediately before the adoption of the adoption.
The Helsinki District Court may, on application, confirm whether the adoption referred to in Article 69 or the discharge referred to in Article 70 is valid in Finland.
L to 243/2015 Article 71 shall enter into force on 1 January 2016. The previous wording reads:
Although the adoption or termination of adoption is recognised under Article 69 or Article 70, the Helsinki Court of Appeal may, upon application, confirm that adoption or termination is valid in Finland.
In accordance with the Agreement between Finland, Iceland, Norway, Sweden and Denmark in Iceland, Norway, Sweden and Denmark concerning marriage, child sex and patronage (SopS 20/1931) in Iceland, Norway, Sweden and Denmark Notwithstanding the provisions of Articles 69 and 70, the adoption or adoption of adoption is without prejudice to a separate confirmation in Finland.
Notwithstanding Article 69, the adoption of the Hague Convention, which is a party to the Hague Convention and which is certified in accordance with the Hague Convention, is invalid in Finland.
The adoption referred to in paragraph 1 shall at least have the legal effect provided for in Article 26 (1) of the Hague Agreement.
If the adoption referred to in paragraph 1 has not led to the cessation of the legal relationship between the child and the parent, under the legal order of the State in question, the Helsinki District Court may, on application by the adoptive parents or the child, adopt the adoption For adoption, the effect of which is the cessation of the legal relationship between the child and his previous parents. It is also required that the consents referred to in Article 4 (c) and (d) of the Hague Convention have been granted or adopted for such adoption.
L to 243/2015 Article 73 shall enter into force on 1 January 2016. The previous wording reads:
Notwithstanding Article 69, the adoption of the Hague Convention, which is a party to the Hague Convention and which is certified in accordance with the Hague Convention, is invalid in Finland.
The adoption referred to in paragraph 1 shall at least have the legal effect provided for in Article 26 (1) of the Hague Agreement.
If the adoption referred to in paragraph 1 has not led to the cessation of the legal relationship between the child and the parent, under the legal order of the State in question, the Court of Appeal may, on application by the adoptive parents or the child, adopt the adoption For adoption, the effect of which is the cessation of the legal relationship between the child and his previous parents. It is also required that the consents referred to in Article 4 (c) and (d) of the Hague Convention have been granted or adopted for such adoption.
An adoption in a foreign country other than those referred to in Articles 69, 72 or 73 is only valid in Finland if it has been confirmed by the Helsinki District Court.
The district court may, upon application, confirm the validity of the adoption referred to in paragraph 1 where, at the time of adoption, the adoption or adoption of one of the adoptive applicants has, on the basis of their place of residence or domicile, or on the basis of their nationality, have: The State where the adoption has taken place, that its authorities may be deemed to have had sufficient cause to take the matter under investigation.
Where adoption has taken place in any other way than by a decision of an authority, it may only be validated as valid only when the connection referred to in paragraph 2 has been linked to the State in which the adoption took place, or by one of the applicants, and this The measure is valid under the law of that State.
The district court may not validate adoption under this section for adoption.
L to 243/2015 Article 74 enters into force on 1 January 2016. The previous wording reads:
An adoption in a foreign country other than those referred to in Articles 69, 72 or 73 is only valid in Finland if it has been confirmed by the Helsinki Court of Appeal.
At the time of adoption, the Helsinki Court of Appeal may validate the adoption of the adoption referred to in paragraph 1, where the adoption or adoption of the adoption by one or other of the adoptive candidates has, at the time of adoption, been, on the basis of their nationality or nationality, such as: A link with the State where adoption has taken place, that its authorities may be deemed to have had sufficient cause to take the matter under investigation.
Where adoption has taken place in any other way than by a decision of an authority, it may only be validated as valid only when the connection referred to in paragraph 2 has been linked to the State in which the adoption took place, or by one of the applicants, and this The measure is valid under the law of that State.
In accordance with this Article, the Helsinki Court of Appeal may not validate the adoption of a licence for adoption.
Any discharge in a foreign country other than those referred to in Articles 70 or 72 shall be valid in Finland only if it has been confirmed by the Helsinki District Court.
The district court may, upon application, confirm the dissolution of the adoption of the adoption referred to in paragraph 1 where, at the time of the adoption, the adoptive child or the adoptive parents were, on the basis of their place of residence or domicile or nationality, such as: A link with the State where the adoption of the adoption has taken place, that its authorities may be deemed to have had sufficient reason to take the matter under investigation.
Where the adoption of the adoption has taken place otherwise than by a decision of an authority, it may only be confirmed to be valid only when the connection referred to in paragraph 2 has been linked to the State in which the adoption of the adoption has taken place, and The measure is valid under the law of that State.
L to 243/2015 Article 75 shall enter into force on 1 January 2016. The previous wording reads:
Non-adoption in a foreign country other than those referred to in Articles 70 or 72 shall be valid in Finland only if it has been confirmed by the Helsinki Court of Appeal.
At the request of the Helsinki Court of Appeal, the Court of Appeal may validate the adoption of the adoption referred to in paragraph 1, where the adoptive child or one of the adoptive parents has, at the time of unloading, been resident or domicile, or on grounds of nationality, A link to the State where the adoption of the adoption has taken place, that its authorities may be deemed to have had sufficient reason to take the matter under investigation.
Where the adoption of the adoption has taken place otherwise than by a decision of an authority, it may only be confirmed to be valid only when the connection referred to in paragraph 2 has been linked to the State in which the adoption of the adoption has taken place, and The measure is valid under the law of that State.
The adoption referred to in Articles 69 and 73 and the adoption of the adoption referred to in Article 70 shall not be considered valid in Finland and the adoption or termination of adoption by the Court of adoption under Articles 71, 74 or 75 shall not be valid if, in particular: The benefit of the child would result in a result contrary to the grounds of the Finnish legal order.
L to 243/2015 Article 76 shall enter into force on 1 January 2016. The previous wording reads:
The adoption referred to in Articles 69 and 73 and the adoption of the adoption referred to in Article 70 shall not be considered valid in Finland and the adoption of the Helsinki Court of Appeal shall not be confirmed by the adoption or termination of adoption under Articles 71, 74 or 75, if that In particular, the best interests of the child would result in a result contrary to the public policy of Finland.
The Court of Justice, which has confirmed adoption, may certify that adoption has taken place in accordance with the Hague Convention.
If the law of a foreign country is relevant to the settlement of the case provided for by this law, the court or other authority, unless it knows the law of a foreign country and does not provide an explanation of it, shall request a report from the adoption board. The content of a foreign law.
In the cases referred to in Article 65 (2), and in the cases referred to in Articles 74 and 75, the adoption board shall be given an opportunity to give its opinion on the matters which are relevant to the decision, unless it is clearly unnecessary.
The court or other authority may request the opinion of the board of adoption referred to in Articles 67 to 73 and 77.
The court or other authority may, when dealing with a matter referred to in Articles 68 to 75, concerning a child under the age of 18 years, may, where appropriate, request an opinion on the circumstances of the institution of the municipality of residence of this municipality.
If a citizen under the age of 18 years of adoption is a national of Iceland, Norway, Sweden or Denmark and is domiciled in the State of which he is a national, the Court shall, before the adoption of the adoption, be reserved for the child service authority of that State. The opportunity to deliver an opinion.
The foreign document referred to in Article 71, 74 or 75 of the Court of Justice referred to in Articles 71, 74 or 75 shall be legalised or accompanied by a certificate of origin issued by the competent authority of that State, unless Subject to the fulfilment of obligations under the international agreement, or for a particular reason, the Court of Justice admits this derogation. The author of a foreign document shall, where appropriate, ensure the translation of its document into the Finnish or Swedish language and its legalisation.
Where appropriate, the Court may request the authenticity and reliability of the document referred to in paragraph 1 of the opinion of the Ministry of Foreign Affairs, the Immigration Office or the Police Authority.
L to 243/2015 Article 82 will enter into force on 1 January 2016. The previous wording reads:
The foreign document referred to in Articles 71, 74 or 75 of the Helsinki Court of Appeal shall be legalised or accompanied by a certificate of origin issued by the competent authority of that State, unless Subject to the fulfilment of obligations under the international agreement or, in particular, the Court of Appeal, grant this derogation. The author of a foreign document shall, where appropriate, ensure the translation of its document into the Finnish or Swedish language and its legalisation.
Where appropriate, the Court may request the opinion of the Ministry of Foreign Affairs, the Immigration Office or the police authority for the authenticity and reliability of the document referred to in paragraph 1.
Matters relating to the recognition of foreign adoption and landing of adoption must be dealt with as a matter of urgency.
§ 84 has been repealed by L 22.5.2015/663 , which enters into force on 1 January 2016. The previous wording reads:
Appeal against the decision of the Helsinki Court of Appeal In Chapter 30 of the Court of Justice .
The Ministry of Social Affairs and Health is responsible for the general planning, supervision and control of the adoption of adoption and international adoption services.
A special expert, authorisation and supervisory authority in the field of adoption acts as a committee of adoption at the Agency for Social and Health Authorisation and Control.
The adoption board shall also act as:
1) as central authority within the meaning of Article 6 (1) of the Hague Convention; and
2) the European Convention of 27 November 2008 on the adoption of children in Strasbourg ( Council of Europe Agreement ) The national authorities referred to in Article 15.
The Board shall be composed of the Chairperson and the Vice-Chair and the necessary number of other members. The latter members shall each have a personal alternate.
The Board of State shall determine the Chairperson and the Vice-President and the members and alternates of the Board for a maximum period of five years. If the Chairperson of the Board, the Vice-Chair, member or alternate member of the Board resiges or dies during the term of office, the Ministry of Social Affairs and Health shall order a new Chairperson, a Vice-Chairperson, a member or an alternate member to replace: For office.
The Board of Appeal shall have a plenary session to monitor developments in matters of adoption and, if necessary, to take initiatives on adoption. Other matters within its sphere of competence are divided into sections.
The composition, composition, functions and other organisation of the Board are laid down in more detail by a decree of the Council of Ministers.
The Agency for Social and Health Authorisation may, upon application, grant authorisation to maintain an adoption agency to a consortium of municipalities or any other consortium of municipalities, to the association registered in Finland or to any other European Economic Area To the association or other equivalent entity registered in the State.
The adoption committee may, on application, authorise the adoption of an international adoption service by a municipal social service institution, a consortium of municipalities or any other consortium of municipalities, a federation registered in Finland or another European A association or similar entity registered in a State belonging to the economic area.
The authorisation of an adoption agency or the adoption of an international adoption service may be granted to an applicant who is operating without the objective of financial gain and is considered to be capable of providing adoption counselling or international adoption services. Professional, long-term and reliable. In addition, it is necessary for the authorisation to be granted that the commencement of activities may be considered appropriate for the organisation of the adoption of the authorisation or for the organisation of an international adoption service.
The explanations to be attached to the application and the notification of the authorisation decision shall be laid down by a decree of the Government.
The authorisation for the maintenance of the adoption agency or for the provision of an international adoption service shall be limited to a maximum period of five years.
At the same time, in the case of authorisation, more detailed provisions may be made for the exercise of the authorisation of adoption or international adoption services.
The Social and Health Authorisation and Control Agency or the adoption board may withdraw the authorisation granted under Article 87 where the adoption of adoption counselling or international adoption services does not comply with the provisions in force or in the case of: Shortcomings or deficiencies are identified and are not corrected or deleted within the time limit set by the Agency or the Board.
Upon application, the Adoption Board may authorise the service provider to cooperate with the foreign service provider if:
(1) the foreign service provider has competence in its State of residence to carry out international adoption tasks;
(2) a sufficient explanation is provided that the foreign service provider shall carry out the tasks referred to in paragraph 1 in a professional, long-term, reliable and secure manner, in the interests of the child and the rights of the child recognised in international law; , with due respect for and without any benefit from the adoption of the right financial or other benefits; and
(3) cooperation may be considered to be well founded, taking particular account of the need for international adoption in that country.
The authorisation shall be granted for a limited period of not more than five years.
The Adoption Board may withdraw the authorisation if the foreign service provider has lost its powers in the State in which the international adoption is carried out or has reason to suspect that it does not treat them within the meaning of paragraph 1 (2). Manner.
Notwithstanding the provisions of confidentiality, the provider of the Adopt and the service provider shall be obliged to provide, free of charge, to the Ministry of Social Affairs and Health, the Office for Social and Health Authorisation and Control, and to the Board of Adoption, without charge, or Any other information and explanation necessary for the performance of the duties provided for in this Act.
The provider shall, notwithstanding the secrecy provisions, be obliged to provide, free of charge, the necessary information and reports on the foreign service provider for the purposes of the supervision requested by the adoption board. The service provider shall, without delay, inform the Board of the fact that he has been informed of the fact that the authorisation referred to in Article 90 may be withdrawn.
The Ministry of Social Affairs and Health, the Social and Health Authorisation and Control Agency and the adoption board shall have the right to disclose to each other the information necessary for the performance of the tasks referred to in paragraph 1; and Studies.
The offeror and the service provider shall keep at least 100 years for at least 100 years for the adoption of or received in connection with adoption counselling or international adoption services.
The provider may transfer the documents referred to in the first subparagraph to the issuing advisory body if the donor of adoption is willing to do so. On the transfer of documents, the provider shall keep a list of where the documents have been transferred.
Where the adoption agency or the service provider ceases to operate within the meaning of this law, the documents referred to in paragraph 1 shall be transferred to the institution of the social welfare institution of the municipality to which the Office for Social and Health Authorisation and the Control To receive the documents.
With regard to the adoption and custody of the adoptive child and of the death child, his descendant and his guardian shall have the right to obtain information free of charge from the custodian of the documents referred to in Article 92 free of charge. When providing information, the necessary support and guidance shall be provided to the recipient.
The provision of the information referred to in paragraph 1 may be refused where there are reasonable grounds to believe that the provision of information poses a risk to the health or development of the adoption child or any other information, or if the provision of information Would otherwise be manifestly contrary to his interests or other private interests.
Notwithstanding paragraph 2, if the identity of the previous parent is known, the information shall always be provided:
(1) the adoptive child who had completed 12 years of age and the child of adoption after the adoption of the child; and
(2) the guardian of the minor adoption child and, after the child's adoption, the guardian of this minor child.
The decision on access to information shall be subject to appeal by the administrative court as provided for in the administrative law. In the case of administrative law, an appeal may be lodged if the Supreme Administrative Court grants an appeal.
Where a request for information within the meaning of Article 15 of the Council of Europe Agreement is submitted to the adoption board, the Board shall seek clarification from the institution's social service institution which, according to the panel's assessment, is best able to obtain The information requested.
A decree of the Council of State may provide more specific provisions on the processing of the request for information.
Where an adoptive person or a foreign service provider has placed a child with an adoptive person for adoption, the adoptive person shall, in the course of the investment, decide on the whereabouts of the child, his care, his upbringing, Their supervision and other care, as well as the teaching and health necessary for him. The Adopt also has the right to represent the child in other cases of urgency relating to the person concerned.
Article 4 (2) and Article 5 of the Law on the Maintenance of the Child and Section 5 of the Law on the Rights of the Child, as referred to in paragraph 1, shall apply.
The client of the Adopt and International Adoption Services shall be subject to the provisions of the law on the status and rights of the customer (12/2000) , subject to this law. As regards the Social Services Authority, the said Law also applies to the adoption committee when dealing with the issue referred to in Chapter 6 or Article 94 of this Law.
The person employed by the Agency and the service provider shall be subject to the provisions relating to criminal law in the performance of the duties referred to in this Act.
This Act shall enter into force on 1 July 2012. However, Article 86 (2) (2) and Article 94 of the Law shall enter into force at the time of the Council Regulation.
This law repeals the law on child sex (153/1985) .
If, before 1 January 1980, the court has consented to the taking of a stepchild, the adoption of the provisions in force shall be subject to the provisions in force unless otherwise specified below.
It is not possible to terminate the adoption by a decision of the Court of Justice, even if it has taken place before 1 January 1980.
If, before 1 January 1980, the Court of Justice has consented to the taking of a stepchild, the Court shall, upon application by the adoptive child, confirm that adoption is subject to the provisions of this Act. The case will be examined in the district court, The Court of Justice, Chapter 10, Would be competent in the case of adoption of adoption.
Where, before 1 January 1980, the court has consented to the taking of the stepchild, the right of adoption and the right to succession of the adoptive child and of his descendants, and of his descendants, shall be subject to the agreement in force The provisions.
However, the provisions of paragraph 1 shall not apply where, pursuant to Article 56 (3) of the Law on the Adoption of Children, the Court of Justice has confirmed that the provisions of that law are applicable to the foster relationship or pursuant to Article 99 (3) of this Law. Confirmed that adoption is subject to the provisions of this Act. If, however, the deceased is dead before the decision of the Court of Justice, the right to be recovered shall be determined by the consent referred to in paragraph 1, subject to the provisions in force, subject to paragraph 3.
If the deceased is dead after the entry into force of this Act, the provisions of this Act shall apply, instead of the provisions in force, by way of derogation from the provisions in force, even though the court has given consent to take the stepchild before 1 1 January 1980:
(1) in determining who has the right to an adoptive child or to the inheritance of his descendants; and
2) the right of adoptive children and their descendants to receive inheritance from their adoptive parents and their relatives.
1. Adoptio shall be subject to the provisions in force at the time of entry into force of this Act, where the child is placed with a child-taker before the date of entry into force of this Act, or where the issue of child sex is before the On the entry into force of the Republic of Finland's International Board on Children ( Board of child-taking matters ) Or court.
2. If, at the time of entry into force of this Act, a child producer has an authorisation for an international child allowance within the meaning of Article 25 of the Law on the taking of children, the period of validity of the authorisation may be extended once again upon application of this Act. The adoption of such an application and the authorisation granted in accordance with its authorisation shall be subject to the provisions in force at the time of entry into force of this Act.
3. However, Article 33 (2) (3) and (4) and Article 93 of this Act shall apply to the adoption of an earlier adoption by virtue of paragraph 1 or 2. It shall also apply Article 25 of this Act if adoption is confirmed after the entry into force of this Act.
(4) Paragraph 39 of this Act shall not apply to domestic adoption if the adopter is to be issued prior to the entry into force of this Act. In the case referred to in this paragraph, the provisions in force at the time of entry into force of this Act shall apply to the certification of the issue of the issue of the issuing of the grant.
5. On the occasion of the entry into force of this Act, the cases pending at the time of entry into force of this Act shall be passed on to the adoption by the Board of Adoption. Notwithstanding paragraphs 1 and 2, when the adoption of this law following the entry into force of this Act, Articles 48 to 50 shall apply.
6. In a foreign country prior to the entry into force of this Act, the recognition of the dissolution of child sex and disassembly shall be governed by the provisions in force at the time of entry into force of this Act. The same shall apply to the recognition of a child allowance subject to an earlier law pursuant to paragraph 1 or 2. However, the issue is dealt with instead of the Helsinki Court of Appeal in the Helsinki District Court, and the prohibition of appeal provided for in Article 42 (2) of the Law on the taking of children does not apply. (22.5.2015/663)
6. In a foreign country prior to the entry into force of this Act, the recognition of the dissolution of child sex and disassembly shall be governed by the provisions in force at the time of entry into force of this Act. The same shall apply to the recognition of a child allowance subject to an earlier law pursuant to paragraph 1 or 2. However, in the case of the recognition of the Helsinki Court of Appeal, a decision may be brought against a decision as provided for in Article 84 if the solution is adopted after the entry into force of this Act.
7. A permit for the organisation of a card or an international child-taking service, or any other matter which has entered the Ministry of Social Affairs and Health before the entry into force of this Act, shall be concluded in accordance with the law of the At the time of entry into force.
8. If the Ministry of Social Affairs and Health has granted an authorisation for the maintenance of the frontal protection system or for the provision of an international child-taking service, the holder of the authorisation shall, pursuant to this law, maintain the An adoption agency or an international adoption service when the authorisation is granted, unless the authorisation is withdrawn in accordance with Article 89.
9. In the event that a foreign service provider has approved the adoption of a foreign service provider on the basis of the law on the adoption of a child, the Finnish service provider shall be deemed to have been authorised to cooperate with the The time limit laid down in the approval decision with the foreign service provider, unless the authorisation is withdrawn in accordance with Article 90 (3).
Where the law or regulation refers to a point of law which has been replaced by a provision of this Act, the entry into force of this Act shall apply to the corresponding provision of this law.
Following the entry into force of this law, the provision of the law or regulation on the Board of Appeal shall apply to the Board of Adoption.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 47/2011 , LaVM 9/2011, EV 84/2011This Act shall enter into force on 1 January 2016.
Any action brought before the entry into force of this Act shall apply to the provisions in force at the time of entry into force of this Act.
THEY 231/2014 , LaVM 34/2014, EV 340/2014
