Key Benefits:
Law of adoption (adoption law) |
| Date | LAW-2017-06-16-48 |
| Ministry of | The Barne and the equality of the Children |
| Last modified | |
| Published | |
| Istrontrecation | King decides |
| Changing | LAW-1986--02-8-8 , LOL-1991--07-04-47 , LAW-1992--07-17-100 , LAW-2002-06--07-19 , LO-2005--06-10-51 |
| Announcement | 16.06.2017 |
| Card title | Adoption Law |
The purpose of the law is that adopted children should be given a safe upbringing by that established lasting, judicial bonds corresponding to the relationship between children and parents.
By the adoption of people who are filled 18 years, the purpose of the law is to verify the legal-existing bond equivalent of the relationship between children and parents.
Tris in effect when the King decides.
Part Article SECTION 2. Lovens Applicability for SvalbardThe king can give regulation that the legal provision of the law also shall apply to Svalbard, and can determine particular rules of consideration to the conditions there.
Tris in effect when the King decides.
Part Article SECTION 3. Adoption authorityThe Ministry is adoption of adoption after the law here. The Ministry can delegate its authority. The authority can be delegated to various organs.
Tris in effect when the King decides.
Part ArticleThe child's best is to be the parent of the parent's view of adoption. An application for adoption and whether consent to adopt can only be granted when it is clear likely that the adoption will turn to the child's best.
Tris in effect when the King decides.
Part Article SECTION 5. Basic requirements for adoption applicantsOnly the one who has the predictions to be a good caregiver for children can adopt or be given preconsent to adopt. Moreover, the seeker must have the desire to nurture a child or have raised the child adoption applies.
The applicant who seeks to adopt or if preconsent to adopt should lay out a exhaustive police reference.
The Ministry can provide regulation on the treatment of adoption cases, the investigation of the adoption applicants, preconsent to adoption, terms of adopting and claims to the applicant. It can sometimes be determined to be the applicant's age, health, vandel, economy, housing, requirements for how long two applicants should have lived together, and demands for participation on adoption prep courses. It can be set different requirements for different kinds of adoption.
Tris in effect when the King decides.
Part Article SECTION 6. Requirement of marriage and samboerhood and exception from thisOnly spouses and coemen can adopt together. With cooperatives, two people are living together in a stable and marital-like relationship.
An applicant who is married or interliving can only adopt together with the spouse or the sambo. The person who is married or roommate can still adopt alone if the spouse or collector has disappeared, is mentally challenged or has a serious mental illness.
An applicant who is married or interliving can also adopt alone if the child is
| a) | children of the applicant's former or present spouse or roommate |
| b) | applicant's own child |
| c) | The applicant's former adopted children. |
Tris in effect when the King decides.
Part Article SECTION 7. Conditions of single can adoptSingle can adopt if they have the predictions to have sole custody of a child. Only applicants who live alone are considered single.
The Ministry of Justice can provide regulation on terms for single people to adopt.
Tris in effect when the King decides.
Part Article SECTION 8. Alderslimit to adopt and restriction of applicants who are deprived of legal shopping abilityOnly people who have turned 25 years can adopt or obtain preconsent to adopt. An applicant that has filled 20 years may still adopt or obtain preconsent to adopt if the applicant and the child are already strongly associated with each other.
An applicant for the vergemland law has been deprived of legal action on the personal space, can adopt only if the applicant and the child are already strongly associated with each other and the applicant's guardian consent to the adoption.
Tris in effect when the King decides.
Part Article SECTION 9. Barnets participation and consent of adoptionHas the child filled 7 years, it shall be given the opportunity to comment before the meeting of the adoption of adoption. The same goes for children younger than 7 years, if the child is able to form his own views. The child shall receive information about what an adoption involves, and guidance tailored to the child's ability to understand. The child's opinion is to be added to the weight in accordance with its age and maturity.
A child who has turned 12 years can be adopted only if it consent to the adoption. This still does not apply if the child because of mental developmental or mental illness or physical disease is clearly not capable of understanding what a consent means.
Before the child gives consent, it shall obtain information about what it means to be adopted. The collection shall be in writing and willingly without the child having received or been promised for no-charge or any other performance for it. Only a public service person can accept or confirm the consent. The service person shall make sure that the child has understood the information.
The municipality is to assist in the issue of the issue and obtain consent if the adoption authority asks for it.
Tris in effect when the King decides.
Part Article SECTION 10. Parent's consent to adoptionA child under the age of 18 cannot be adopted without the consent of it or those who have parental responsibility. If one of those who has parental responsibility has disappeared, or if one of them clearly is unable to understand what a consent implies, is a consent of the second sufficient. Are both in a situation mentioned in the second period, the consent of the child is required from the child's upheld guardian.
Before a consent is given, parents and any guardians shall receive information about what it involves consent. The collection shall be in writing and voluntarily without counter performance. Only a public service person or a lawyer can accept or confirm the consent.
The parent's consent after the first clause cannot be issued until two months after the baby is born. Also a parent who has transferred parental responsibility to the other parent before the child is two months old, shall consent to the adoption.
A father or mother who does not have parental responsibility should be notified and get pronouncing before the adoption application is decided, jf. Management Act Section 16.
If others other than their parents are appointed as the child's guardian or if father or mother himself has guardian, the guardian shall also be allowed to comment.
Tris in effect when the King decides.
Part Article SECTION 11. Offers against the settlementIt is not permitted to give or promise, or any other performance in order to influence a person who shall consent to an adoption or comment on an application for adoption or if preconsent to adopt.
Tris in effect when the King decides.
Part ArticleAdoption authority determines adoption applications.
If the Child Protection Service has taken custody of a child after child protection law Section 4-12, Section 4-8 second clause or Section 4-8 third clause shall be the adoption case of the county and social affairs following child protection law Section 4-20 second and third clause. When the county board will determine the adoption application, the adoption of the adoption shall still issue the adoption of adoption.
Tris in effect when the King decides.
Part Article SECTION 13. Adoption of the spouse of the spouse or the roommate's children (stepchild care)The one spouse may adopt the other spouse's children if the second spouse consent. The applicant who seeks to adopt the spouse's children should have raised the child for at least 5 years and wish to nurture the child. When there are very honest reasons for it, exceptions can be made from the requirement of the raising time.
A divorced spouse can with the consent of his former spouse adopt dennes children. A reliving spouse can adopt her late spouse of marriage.
The first and second clause applies to the equivalent of cohabitating and former cohabiters.
Current or former spouses or cooperatives of the same sex cannot adopt a stepchild if the child is adopted from a country that does not allow people of the same sex to adopt together.
Tris in effect when the King decides.
Part Article SECTION 14. Adoption of infantsSpedchildren can only be adopted if the parents have given away from the actual custody of the actual custody of the birth.
Adoption authority chooses adoptive parents to the child out of the registry of applicants and hits the ordinance of cases of adoption of infants. It is to be obtained a statement from the professional advisory committee for adoption cases about the choice of adoptive parents to the child. The exchange is to be additional weight by the decision.
Adoption authority is to follow up on the infant's parents and manage the registry of applicants.
The Ministry can provide regulation on the messaging business, the case processing, the responsibility of the registry of applicants and the responsibility of the child and the child's original parents.
Tris in effect when the King decides.
Part Article SECTION 15. New adoption of adoptedAn adopted child can only be adopted on new if strong reasons speak for it. In the assessment of new adoption, it should particularly be placed emphasis on the family situation that the child is going to get if it is not adopted on new one.
Tris in effect when the King decides.
Part Article SECTION 16. Adoption of a person who has turned 18 years (adult adoption)A person who has turned 18 years can be adopted only if it is clear likely that the adoption will be at best for the person. Moreover, the adoption of the Adoption must have raised the person for at least 6 years, with less other sincere reasons speeches for adoption. In assessment, it shall be placed especially emphasis on the association between the applicant and the person being sought adopted, the family association that had to fall away by the adoption, and any siblings that the applicant should adopt at the same time.
A person who after the vergemement Act is deprived of legal action on the personal space, can be adopted only if the guardian consent to the adoption.
Tris in effect when the King decides.
Part ArticleThe Ministry is pointing out the organ that is supposed to be the central authority after the HaagConvention 29. May 1993 about the protection of children and cooperation at international adoptations. Central authority can delegate their tasks as the central authority of organizations that have permits for Section 31 and 32.
Tris in effect when the King decides.
Part Article SECTION 18. Preconsent to international adoptionFor people who have their common residence in Norway, it is required preconsent from the adoption authority to adopt children from abroad.
An applicant can obtain preconsent to the adoption of one child under 5 years or by two siblings who are both under 5 years old.
The Ministry of Justice can in regulation give closer rules about the age frames following the second clause.
Tris in effect when the King decides.
Part Article SECTION 19. Treatment of applications of preconsent to international adoptionAdoption authority processes applications of preconsent to the adoption of children who have their normal residence abroad.
The municipality shall assist with the details of the case if the adoption authority asks for it.
Should the adoption be carried out after the child has arrived in Norway, the municipality should also assist after the child has arrived.
Tris in effect when the King decides.
Part Article SECTION 20. Adoption of children who have their usual residence abroadA child who has its regular residence abroad can only be adopted through an organization that has permission for adoption after Section 31, and which has the permission to communicate children from particularly designated countries after Section 32.
Adoption authority can still give preconsent to adopt from abroad beyond an adoption organization if
| a) | the terms of preconsent by the law and regulation of home law in the law are met |
| b) | At least one of the applicant has a special association with the country where the child has its regular residence |
| c) | no Norwegian adoption organization has the service permit in the country where the child has its regular residence |
| d) | The adoption can be carried out in a defensible manner. |
Tris in effect when the King decides.
Part Article SECTION 21. Adoption of children as the applicant has ties toIf an application for preconsent applies to a specific child that has its common residence abroad, the adoption authority can give preconsent to adopt if
| a) | the terms of preconsent by the law and regulation of home law in the law are met |
| b) | At least one of the applicant has a special association with the country where the child has its regular residence |
| c) | At least one of the applicant has a close personal connection to the child or the child's close family, and the contact is established without adoption intent |
| d) | The child lacks safety and persistent caregivers in the country where the child has its regular residence |
| e) | The adoption can be carried out in a defensible manner. |
Tris in effect when the King decides.
Part Article SECTION 22. Assignment of children from abroadThe country where the child has its regular residence, assigns the child to an applicant who has received preconsent to adopt. The assignment is to be approved by the adoption authority. Prior to the approval, it shall be considered whether the child has any need for special support. Has the child's need for special support, it shall be obtained a statement from the professional advisory committee for adoption cases. At the decision of whether the assignment is to be approved, it shall be placed great emphasis on the statement.
Adoption authority after the first clause can delegate the authority to approve assignments of children from abroad to organizations that have permits after Section 31 and 32.
Tris in effect when the King decides.
Part Article SECTION 23. Follow-up reports to the country the child was adopted fromIf the government of the country the child was adopted from, follow-up reports require the draft or approved of the public authority on the child's situation in Norway, the adoption authority is going to draft such reports for up to 3 years after the baby has come to Norway.
The municipality is to assist with information to the follow-up reports and draft follow-up reports if the adoption authority asks for it.
Tris in effect when the King decides.
Part ArticleAn adopted child and its descendants receive the same legal position as if the adopted child was adopted parents, if nothing else follows of the model lova Section 12 and 52, the citizenship Act Section 5 and the name-law Section 5.
If a spouse or roommate has adopted the other spouse's or co-master's children, the child is given the same legal position that it would have been given if it was their joint children. The same applies if the child is adopted by the parent's former spouse or roommate.
An adopted child's judicial position to the original bloodline falls away by the adoption unless otherwise follows by Section 25, the Marriage Act Section 3 or the Criminal Code Section 312 and 313.
Tris in effect when the King decides.
Part Article SECTION 25. Visitor contact between the adopted child and its original parentsIf an adoption has been implemented after the Child Protection Act Section 4-20, and the county council have hit the ordinance of visitor contact between the child and the original parents after the Child Protection Act Section 4-20 a, applies to Section 24 with the limitations that had to follow by the ordinance.
Tris in effect when the King decides.
Part Article SECTION 26 Barnets legal position after new adoptionIf an adopted child is adopted on new, the child's judicial stance falls to the first adopted parents and their lineage away.
Is the new adoption an adoption after Section 6 third clause letter a to c, the court effects of the first adoption only face the adopted parent as the child adopited from.
The trial effects of a new adoption follow otherwise of Section 24.
Tris in effect when the King decides.
Part Article SECTION 27. Public RegistriesIt is to be registered in the People's Registry that a child is adopted. The Ministry can give regulation that the adoption is to be registered in other public records and protocols.
Tris in effect when the King decides.
Part Article SECTION 28. Extended litigation and special rules on sentencing trialA final adoption Act or a judicial judgment on the validity of an adoption of adoption seems to be for and against all and added reason in all conditions where the adoption has meaning.
The question of the validity of an adoption of adoption cannot be taken up to prejudication trial in a case that applies to another question.
When an adoption of an adoption is to be tried by a court, the one that goes to the case shall notify those who were parties in the adoption case.
Tris in effect when the King decides.
Part ArticleWith adoption of adoption, actions and business have for purpose to create contact between children who can be adopted, and people who wish to adopt. Adoption composal includes among other registration of children who can be adopted, registration or the investigation of applicants and selection of parents to the individual children.
Tris in effect when the King decides.
Part Article SECTION 30. Offers against adoption of adoptionIt is forbidden for private people to drive adoption. Adoption service can only be made by organizations with permission from the adoption authority.
Tris in effect when the King decides.
Part Article SECTION 31 Permission to drive adoption (operating permit)Adoption authority can give organizations a time-limited permit to drive adoption. It can only be granted permission to organizations that
| a) | has adoption of adoption as the main purpose |
| b) | working for the child's best |
| c) | has been led by and manned with people who are eligible to work with international adoptations |
| d) | does not have financial gain as purpose. |
The Ministry can provide regulation on what requirements can be brought to an organization to obtain operating permission, to the organization's business and the deviation of it.
Tris in effect when the King decides.
Part Article SECTION 32. Permission to adopt adoption from single country (messaging permit)Adoption authority can provide organizations with permission after Section 31, special time limited permission to communicate children from single countries. A permit is given on terms that the organization is also granted permission from each country to communicate adoptations from this country.
The Ministry of Justice can in regulation give closer rules about the messaging permits.
Tris in effect when the King decides.
Part Article SECTION 33. Offers against giving no-team to influence the adoption of adoptionIt is not permitted to grant any satisfaction or any other performance to organizations, people in organizations or others who convey an adoption when this has for purpose to influence an adoption process or outcome of an adoption case.
Tris in effect when the King decides.
Part Article SECTION 34. Access vision of adoption organizationsAdoption authority leads supervision with all sides of the adoption organization's business.
The Adoption organizations can be given the injunction to correct conditions that are in violation of law, regulation or terms of permissions by Section 31 and 32.
The permissions can be withdrawn if law, regulation or terms for the permissions by Section 31 and 32 are not met.
Tris in effect when the King decides.
Part ArticleThe Prevalence Act applies to the treatment of adoption cases if nothing else follows by this law.
Any performing service or work for the Children's, Youth and Family Bureau or an adoption organization with permission after Section 31 and 32, has sworn duty of the Management Act Section 13 to 13 e. Tausheme's duties also include details of birthplace, date of birth, social security, civil affairs, civil affairs, civil, and working place.
Tris in effect when the King decides.
Part Article SECTION 36. Restrictions on who is party and has clascase in case of infant child adoptionAn applicant registered after Section 14 about the infant's child adoption does not count as a party to the issue of assignment of a child to another applicant. An applicant who thinks of passing may not complain that another one has been adopting.
Tris in effect when the King decides.
Part Article SECTION 37. Anonymous adoptionThe Prevalence Act Section 18 first clause is not to obstacle that the parties in an adoption case are kept unknown to each other.
Tris in effect when the King decides.
Part Article SECTION 38. Adopted parents ' duty to tell the baby that it's adoptedAs soon as it is advisable, the adoptive parents shall tell the child that it is adopted, and inform the child of its ethnic, religious, cultural and lingual background.
Tris in effect when the King decides.
Part Article SECTION 39. The adoption of the child and descendants of the right to informationAn adopted child who has filled 18 years has the right to be informed from the adoption of adoption who the original parents are. The adopted child shall obtain the necessary guidance in this context.
When an adopted child has turned 18 years, the adoption of adoption shall inform the child that it has the right to information after the law here, and about the court of law after the Management Act Section 18 to 21.
Do not deliver the adopted child, the adopted child has the right to be informed who the original parents of the adopted child are.
Tris in effect when the King decides.
Part Article SECTION 40. Deadline for remaking adoption maintenanceAn adoption act cannot be resettled later than ten years after the statute of time.
Tris in effect when the King decides.
Part Article SECTION 41. The King's authority to approve the ordinanceThe king can with retroactive force approve an adoption of adoption that has been granted without the conditions of the law was met.
Tris in effect when the King decides.
Part Article SECTION 42. The professional advisory committee for adoption casesThe Ministry is mentioning the professional advisory committee for adoption cases. The selection is to assist the adoption authority in the assessment of applications for adoption of infants after Section 14 and assignments of children from abroad after Section 22.
The Ministry can provide regulation on the composition of and the processing way in the professional advisory committee for adoption cases.
Tris in effect when the King decides.
Part ArticleAn application for adoption and whether preconsent to adopt can be decided in Norway if the applicant or child has its regular residence in Norway.
The application can also be decided in Norway if the applicant or child is a Norwegian citizen, and the site's diet does not have jurisdiction to determine an adoption application from the applicant. Moreover, the application can be decided in Norway if there are very specific reasons why the matter is decided in Norway, and the case has close ties to Norway.
The first and second clause nonetheless does not apply if any other follower of the agreement with a different state.
Tris in effect when the King decides.
Part Article SECTION 44. Which country's right to applyAn application for adoption and whether consent to adopt should be decided after Norwegian right.
Regarding the application adoption of a child under the age of 18 that has its common residence in another country, the question of consent from parents or guardians is considered after the second country's right.
Tris in effect when the King decides.
Part Article SECTION 45. Adoption of children with ties to a country other than NorwayRegarding the application adoption of a child under the age of 18 that has ties to a country other than Norway, it should in the assessment of the child's best-placed emphasis on whether the adoption will also be recognized in a country that the applicant or child has so strong ties to that it would result in significant disadvantage for the child if the adoption is not recognized there.
Tris in effect when the King decides.
Part Article SECTION 46. Recognition of a foreign adoptionA final adoption decision from a public authority or court in a second state recognition in Norway if Norwegian authorities have pre-consented to the adoption after Section 18, 20 and 21, or if the adoption was granted or recognised in that country where the applicant had his regular residence on the decision point of view.
A foreign adoption of a child under the age of 18 who had his regular residence in Norway or Norwegian citizenship on the decision point, recognition still does not feel after the first clause.
The first clause does not apply if anything else follows by the agreement with a different state.
Tris in effect when the King decides.
Part Article SECTION 47. Confirmation or decision of recognition of a foreign adoptionAdoption authority can at the request of the adopted, the one who has adopted, or a authority that must take position on whether a foreign adoption should be recognized as part of a case, confirming that the terms of Section 46 first clauses are met.
When it is for the child's best and honest reasons speaks for it, the adoption of the adoption can determine that a foreign adoption that does not acknowledge after Section 46, nonetheless, shall apply in Norway if the child or the person who has adopted, seeking it. This still does not apply if something else follows by the agreement with a different state.
Confirmation or decision after first and second clause should without further added due to Norwegian authorities.
The Ministry can provide regulation on the completion of the rules in Section 46 and 47.
Tris in effect when the King decides.
Part Article SECTION 48. Recognition of a foreign raising or recalling of an adoptionHave the adopted child or one of their parents ' common residence in Norway, and a foreign authority or court repor resettlement a foreign adoption, recognition the decision on this in Norway if the adoption of adoption, and it does not follow something else of agreement with a different state.
Tris in effect when the King decides.
Part Article SECTION 49. The trial effects of a recognized foreign adoptionA foreign adoption that is recognized after Section 46 or Section 47, has the same legal effect as a Norwegian adoption if nothing else follows by the agreement with another state.
Tris in effect when the King decides.
Part Article SECTION 50. Order publicIf it is revealed to be in violation of the Norwegian court order (order public), foreign law shall not have effect in Norway, and a foreign adoption shall not apply in Norway.
Tris in effect when the King decides.
Part ArticleThe one that violates the ban in Section 11, 30 or 33, is punishable by fines or prison for up to 3 months.
Violation of privilege after Section 35 second clause is punishable by the Criminal Code Section 209.
Tris in effect when the King decides.
Part ArticleThe law applies from the time the King decides. From the same time, law is repeait 28 February 1986 # 8 about adoption.
The king can decide that some new regulations will take effect at a later time.
Part Article SECTION 53. Overtime rulesThe law applies to adoptions by previous legislation, but for adoptions from before 1. July 1957 it applies only if it is determined expanded arverett by law 2. April 1917 # 1 about the adoption Section 15 b as it sounded after law 24. May 1935 # 2 about change in the adoption law.
The law applies only to adoption applications received by the adoption of the adoption of law after the law of law.
Section 12 other clauses and the Child Protection Act Section 4-20 new clause applies to the treatment of cases of consent to the adoption of the county of the county of the law. Is the case brought in for the county council before the law of law enforcement, these regulations shall still apply if the negotiation meeting of the county of the county is not already commending. By legal sampling of the county's ordinance, the rules that were about when the county of the county dealt with the case, the uses.
The provisions of Section 39 other clauses apply only to adoptions granted by the law here.
The Ministry can determine further transition rules.
Tris in effect when the King decides.
Part Article SECTION 54. Changes in other lawsFrom the point of time the law takes effect, the following changes are made in other laws :
1. In law 4. July 1991 # 47 on marriage shall Section 95 other joints obey :
Decisions in Norwegian legislation that involve marriage and spouses, apply accordingly to registered partnerships and registered partners.
2. In law 17. July 1992 # 100 about child protection services
Section 4-20 new clause should sound :
The county of the county can hit the ordinance of adoption when the parents consent, so the terms of the third clause are met.
Section 4-23 third joints shall obey :
For the service of the location of children with the adoption of the adoption of the adoption law.
3. In law 7. June 2002 # 19 about the person names shall Section 5 sound :
Part Article SECTION 5. Last name by adoptionIf a person under the age of 18 is adopted, he or she will receive the adoption's last name unless otherwise stated in connection with the adoption. This does not apply to where the one spouse or the collector adopts the other's children.
When spouses or coalits together adopt someone who is under the age of 18, the adopted child adopted her mother's last name unless otherwise is set in connection with the adoption. Section 2 other clause other period applies to the equivalent.
4. In law 10. June 2005 No. 51 about Norwegian citizenship
Section 5 second period should sound :
Adoption licence must be granted by the Norwegian Authority in co-compliance of the adoption law, or by foreign adoption that shall apply in Norway after the provisions of the adoption law.
Section 37 first joints should sound :
Children under the age of 18 who were adopted by a Norwegian national before the law here stepped into effect, but who did not become a Norwegian citizen by the adoption or later by message or application, has by message the right to become Norwegian citizen so long as adoption licence was granted by the Norwegian Authority in co-compliance of the adoption law or the provision of foreign adoption that applies in Norway after the provisions of the adoption law.
