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Law On Adoption (Adoption)

Original Language Title: Lov om adopsjon (adopsjonsloven)

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Law of the adoption (adoption law).

Date LAW-1986--02-8-8
Ministry of The Barne and the equality of the Children
Last modified LAW-2015 -06-19-65 from 01.10.2015
Published ISBN 82-504-1444-6
Istrontrecation 01.01.1987
Changing
Announcement
Card title Adoption law-adl.
Capital overview :

Card title added by law 25 apr 2014 # 13 (ikr. 20 June 2014 ifg res. 20 June 2014 # 803). -Jof. former law 2 apr 1917 number 1. Jof. Convention 6 Feb 1931 between Norway, Denmark, Finland, Iceland and Sweden. -Eurocounseling control 24 apr 1967 about the adoption of children HaagConvention 29 May 1993 about the protection of children and cooperation at international adoptations.

Chapter 1. Conditions of adoption m v

Section 1.Adoption is happening at the grant from the ministry.

The Ministry shall issue its adoption licence without trying whether the terms of the law are present, when the county council of child protection and social affairs have authored the ordinance of the child protection law Section 4-20 different and third joints, and the ordinance is final.

The king may give regulation that the legal provision of law enforcement shall be given the Applicability of Svalbard and determining particular rules under consideration of the site's conditions.

0 Modified by laws 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662), 17 June 2005 No. 65 (ikr. 1 jan 2006 ifg. res. 17 June 2005 # 614), 1 des 2006 # 65 (ikr. 1 jan 2008 ifg res. 30 Nov 2007 # 1348), which after its word sound, premente at an inkurie, changes the first clause. Here is the change made in the other clause.
Section 2.Adoption grant must be given only when it can be assumed that the adoption will turn to the child's best. It takes further notice that the applicant seeking to adopt, either wants to nurture the child or has raised it, or that there has been other very particular reason for the adoption.
0 Modified by law 25 apr 2014 # 13 (ikr. 25 apr 2014 ifg. res. 25 apr 2014 # 571).
Section 3.Bvilling to adopt can only be given to the person who has filled 25 years. When strong reasons speak for it, the ministry can still grant the grant to the person who has filled 20 years.

Beviling to adopt egneborn children can only be given if the adoption will have meaning to the child's judicial position, or it applies to new adoption of children who have been adopted.

Section 3 a of the Ministry shall require the future of the exhaustive police reference by the treatment of application for adoption.
0 Added by law 21 June 2013 # 82 (ikr. 1 jan 2014 ifg. res. 27 Sep 2013 # 1132 that changed at res. 13 des 2013 # 1449).
Section 4.People who are deprived of legal shopping ability on the personal space can only adopt with the consent of their guardian.
0 Modified by law 26 March 2010 # 9 (ikr. 1 July 2013 ifg. res. 5 apr 2013 # 338) that changed by law 5 apr 2013 # 12.
Section 5.The who is married or is roommate, can only adopt together with his spouse or roommate, except when the spouse or sambo is insane or mentally challenged or has disappeared.

Other than spouses or covemen may not adopt together.

0 Modified by laws 15 June 2001 # 36 (ikr. 1 jan 2002 ifg. res. 15 June 2001 No. 612), 25 apr 2014 # 13 (ikr. 1 oct 2014 ifg. res. 19 sep 2014 # 1202).
Section 5 a ; with cooperatives the means of this law two people living together in a stable and marriage-like relationship.
0 Added by law 25 apr 2014 # 13 (ikr. 1 oct 2014 ifg. res. 19 sep 2014 # 1202), formerly Section 5 a changed paragrafnumber to Section 5 b.
Section 5 b ; one spouse or roommate can with the consent of the second spouse or roommate adopt dennes children unless they are spouses or cohabitating of the same sex and child is an adopted child who originally comes from a foreign state that did not allows such adoption.

The one partner in a registered partnership 1 can with the consent of the second partner adopt dennes children unless the child is an adopted child who originally comes from a foreign state that does not allow such adoption.

divorced spouse or registered partner can with the consent of prior spouse or registered partner adopt dennes children. This applies only to where there is established one parenthood for the child, and this parent is divorced from the one seeking to adopt. An equivalent entry applies to covemen where the samboerhood is dissolved.

Relive spouse, registered partner or roommate can adopt former spouse, registered partners or samboers children. This applies only to where there is established one parenthood for the child, and this parent is dead.

0 Added by law 15 June 2001 # 36 (ikr. 1 jan 2002 ifg. res. 15 June 2001 No. 612), modified by laws 27 June 2008 No. 53 (ikr. 1 jan 2009 ifg res. 27 June 2008 No. 745), 25 apr 2014 # 13 (ikr. 1 oct 2014 ifg. res. 19 sep 2014 # 1202), changed the paragrafnumber from Section 5 a.
1 Jof. promises 30 apr 1993 number 40 (Uph.) and el. SECTION 95.
SECTION 6. A child who is filled 7 years, and younger children who are capable of forming their own opinions should be informed and given the opportunity to comment before it's decision on adoption grant is to be granted. The child's opinion is to be added to the weight in accordance with its age and maturity.

The one that has filled 12 years cannot be adopted without its own consent.

The municipality shall at the request of the request of the Government of the Government of the Council to illuminate the case after the first clause and in obtaining consent after other clause.

0 Modified by law 1 aug 2003 # 86 (ikr. 1 oct 2003 ifg. res. 1 aug 2003 # 991).
Section 7.The who is under the age of 18 cannot be adopted without the consent of it or those who have parental responsibility. Is one of them missing, mental or mentally challenged, the consent of the other is sufficient. Are both missing, insane, or mentally challenged, required consent from guardian.

The parents ' consent cannot be issued until two months after the baby is born.

Father or mother who does not have part in parental responsibility should barely be allowed to comment before the ordinance is made. Is anyone other than father or mother appointed as guardian of the person who wanted to be adopted, the guardian shall also be allowed to comment.

Section 8.People who are deprived of legal shopping ability on the personal space cannot be adopted without the consent of the guardian.
0 Modified by law 26 March 2010 # 9 (ikr. 1 July 2013 ifg. res. 5 apr 2013 # 338) that changed by law 5 apr 2013 # 12.
The Section 9.King can approve with retrofit force an adoption grant granted without the law of the law. Section 10. The question of the validity of an adoption grant cannot be taken up to prejudication trial in a case that applies to another question.

Chapter 2. Anonymous adoption, Enlightenment duty

The Section 11.Prevalence Act Section 18 first clauses should not be to the hurdle for the parties in an adoption case be kept unknown to each other (anonymous adoption).
Section 12.Adopted parents should as soon as advisable tell the adopted child that it has been adopted.

From the child, 18 years of age, it has been claimed to be informed by the ministry who the original parents are.

0 Modified by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662).

Chapter 3. Effects of adoption, m v

Section 13.At the adoption, the adopted child and its life-heirs receive the same judicial stance as if the adopted child had been adopted parents, if nothing else follows by Section 14 or other law ; at the same time, the judicial relationship falls to the original bloodline away, if nothing else follows by special law.

Has a spouse or roommate adopted the second spouse or partner's child, the child is given the same legal position in relation to the spouses or coalizes as if it were their joint children. The same applies to children adopted after Section 5 b else, third and fourth joints.

0 Modified by laws 15 June 2001 # 36 (ikr. 1 jan 2002 ifg. res. 15 June 2001 No. 612), 25 apr 2014 # 13 (ikr. 1 oct 2014 ifg. res. 19 sep 2014 # 1202).
Section 14.About the adopted child's religious parenting can meet special provision in the adoption of adoption.
0 Modified by law 21 May 1999 # 32 (ikr. 1 oct 1999 ifg. res. 21 May 1999 # 501).
Section 14 a. Visitor contact after implemented adoption

For adoptions that have been implemented as a result of the Child Protection Act Section 4-20, the effects of the adoption follow by Section 13 of the law here, with the restrictions that it may be met with the co-rights of the Child Protection Act Section 4-20 a visitor contact between the child and its biological parents.

0 Added by law 4 June 2010 # 18 (ikr. 1 oct 2010 ifg. res. 4 June 2010 # 768).
Section 15.Is the child adopted on new of anyone other than the adoption of the adoption of the spouse, roommate, or registered partner, the court effects of the first adoption in the relationship with the first adopted parents and their relatives.
0 Modified by laws 15 June 2001 # 36 (ikr. 1 jan 2002 ifg. res. 15 June 2001 No. 612), 25 apr 2014 # 13 (ikr. 1 oct 2014 ifg. res. 19 sep 2014 # 1202).
Section 16.Adoption licence shall be noted by the adopted child's name in the People's Registry and in the other public protocols that the ministry decides.

Chapter 3A. Adoption and approval of the adopted home

0 Kapitlet with Section 16 a to Section 16 f added by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662).
Section 16 a. With adoption of adoption, in this law any business that has for purpose to create contact between children who can be adopted and persons who wish to adopt, herders any registration or investigation of adopted applicants, registration of children that can be adopted or sampling of parents to the individual children.
0 Added by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662).
Section 16 b ; it is forbidden for privacy people to drive the service of the location of children with adoption for eye. For organizations, it is forbidden to run such service providers without permission from the ministry, jf. Section 16 d

The one that overtakes the ban in the first clause is punishable by fines or prison until three months. Attempts be punished equally with consummated violation.

0 Added by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662), modified by law 19 June 2015 # 65 (ikr. 1 oct 2015).
Section 16 c. Ministry of the Ministry mentions a selection for adoption of children settled here in the realm.

The Ministry can provide further regulations on the messaging business.

0 Added by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662).
Section 16 d Organizations can obtain permission from the ministry to communicate children from foreign state with aim for adoption. Permission shall only be given to organization that has such a service as a prime purpose. The organization is to be driven out from what is believed to be for the benefit of the child and not having financial gain for eye.

The permission shall be time-limited and indicate which foreign state or what alien states it applies to.

The Ministry of Justice can at regulation further determine which requirements can be brought to the organization, its business and deviation.

The Ministry is supervising the business and may provide the organization's injunction to correct conditions that are in violation of law, regulation, or terms of the permit. The permit can be withdrawn if law, regulation or terms of the permit are not met.

0 Added by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662).
Section 16 e. The resident of Norway must not adopt children from foreign state without preconsent from the ministry.

The Ministry shall be deployed to the applicant before the consent of the first clause is given. When the ministry asks for it, the municipality shall assist in the application of the consent of the application of consent after the first clause.

The municipality shall also assist in illuminate an application for adoption after the child's arrival to Norway, so that the adoption can be carried out.

The Ministry can in regulation give closer rules about the processing way, the investigation of the applicant, the terms of providing preconsent and the requirements of the applicant's equity, health, vandel, unity duration, economy, housing and participation on adoption prep course. The Ministry of Justice may also be able to also ask the honest demands of single applicants.

0 Added by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662), modified by law 25 apr 2014 # 13 (ikr. 1 oct 2014 ifg. res. 19 sep 2014 # 1202, but other joints ir. 1 Feb 2015 ifg. res. 20 June 2014 # 803).
Section 16 f. Adoption of children settled in foreign state shall happen through organisation as in co-hold of Section 16 d first clause is granted permission by the ministry to such business.

The Ministry of Justice can in very frank cases consent in that adoption of children settled in foreign state is happening outside of approved organization.

0 Added by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662).

Chapter 4. Interlegality Questions

Section 17. Sikad about the grant to adoption is decided in Norway if the applicant has residence here in the realm or if the ministry consent that the case is resolved here.
Section 18. The application is decided by Norwegian right.

If the adoption of children under the age of 18, it shall at the decision be placed emphasis on whether the adoption will have validity also in foreign state as the applicant or child has so strong ties to by residence, citizenship or otherwise, that it would cause significant disadvantage for the child if the adoption does not become current there.

Section 19.An adoption granted and is valid in foreign state (foreign adoption), applies here in the realm, so the adoption of adoption (s) when the adoption was given had its residence in the foreign state where the adoption has been granted. Such validity also has an adoption given in a different state than it mentioned, so the adoption of adoption is recognized in the state where the adoption aunt (s) had their residence at the time of the adoption.

An adoption of a child who was under the age of 18 and settled in Norway at the time of the adoption is still not applicable here in the realm unless the ministry has consented to the adoption.

The Ministry of Justice may in some case determine whether a foreign adoption applies here in the realm after the rules of the first clause. The Ministry can acknowledge a foreign adoption that is not retaken by the first clause.

A foreign decision on the repeal of adoption in a case where one of the adoptive parents or adopted child is settled in Norway on the upheaving of the realm of the realm of the smaller ministry consent in the repeal of the repeal.

0 Modified by law 4 June 2010 # 18 (ikr. 1 oct 2010 ifg. res. 4 June 2010 # 768).
Section 20.A foreign adoption does not apply here in the realm if this clearly will seem offensive to the Norwegian court order (order public). Section 21. When a foreign adoption applies here in the realm of the realm, the adopted child with respect to the vergemeel, parenthood and sub-content alike is considered the adoption aunt (e)'s own child.

Whether the right to inheritance due to foreign adoption applies to the law that otherwise gets the Applicability of the right to inheritance after the late (arvestite), without regard to which country's right decision on adoption has been hit.

Section 22nd When consent is given in co-hold of Section 16 e, applies to the foreign adoption here in the realm. The Ministry can decide that it should have the same legal effect as a Norwegian adoption.
0 Modified by law 11 June 1999 # 38 (ikr. 1 des 1999 ifg. res. 11 June 1999 # 662).
The Section 23.King can in the regulation of the decree of Section 17 to 22 if necessary to fulfill Norway's obligations after agreement with foreign state.

Chapter 5. Ipowersetting, change in other laws m v

The Section 24.Law takes effect from the time the King decides. 1

From the time the law takes effect, repre---

From the same time, the following changes are made in other laws :---

1 Ikr 1 jan 1987 ifg. res. 5 des 1986 # 2163.
Section 25.The rules of the law also apply to the adopted conditions that are founded before the law stepped into effect. For adopted relationships, before 1 July 1957, this is still only the case when they have provision after Section 15 b in law 2 April 1917 No. 1 1 on adoption, as it sounded after change by law 24 May 1935 # 2.