Law On Adoption (Adoption)

Original Language Title: Lov om adopsjon (adopsjonsloven)

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Law on Adoption (Adoption Act).


Date LOV-1986-02-28-8


Ministry of Children and Equality

Edited

LOV-2015-06-19-65 from 10/01/2015


Published ISBN 82-504-1444-6


Commencement 01.01.1987

Changes


Promulgated


Short Title
Adoption Act - adl.

Chapter Overview:

Chapter 1. Conditions for adoption, etc. (§§ 1-10)
Chapter 2. Anonymous adoption disclosure obligation (§§ 11-12)
Chapter 3. Effects of adoption, etc. (§§ 13 - 16)
Chapter 3A. Adoption Outreach and approval of adoptive homes (§§ 16 a - 16 f)
Chapter 4. Inter Legal questions (§§ 17-23)
Chapter 5. Commencement, changes in other laws, etc. (§§ 24-25) | ||
Short Title added by the Act 25 April 2014 no. 13 (ikr. June 20, 2014 acc. Res. 20 June 2014 no. 803). - Cf. Previous Act 2 April 1917 no. 1. Cf.. Convention February 6, 1931 between Norway, Denmark, Finland, Iceland and Sweden. - Council of Europe Convention on April 24, 1967 on the adoption of children. Hague Convention 29 May 1993 on Protection of Children and Cooperation in Respect of Inter-country Adoption.

Chapter 1. Conditions for adoption etc.

§ 1. Adoption occurs by license from the Ministry. The Ministry shall issue the license adoption without trying the terms of the law is present, when the County Board for Child Welfare and Social Affairs has issued a decision by the Child Welfare Act § 4-20 second and third paragraphs, and the decision is final.
The King may issue regulations that the law statutory provisions shall be applicable on Svalbard and establish specific rules taking into account the local conditions.

§ 2. An adoption may only be granted if it can be assumed that the adoption will be best for the child. It is also required that the person applying for an adoption either wishes to bring up the child or has brought, or that there is another special reason for the adoption.

§ 3. Licence to adopt can only be given to the person who has reached 25 years. When strong reasons, the Ministry may still grant a license to the person who has reached 20 years. Licence to adopt their own biological children may be granted only if the adoption will affect the child's legal status or terms of new adoption of children who have been adopted.

§ 3 a. The Ministry shall require the submission of a complete police when processing applications for adoption.

§ 4. Persons who are deprived of legal capacity on the personal site, can only adopt with the consent of their guardian.

§ 5. Whoever is married or cohabitant may only adopt together with their spouse or partner, except when the spouse or cohabitant is mentally ill or mentally retarded or have disappeared. Other than spouses or cohabitants can not adopt together.

§ 5 a. By cohabitants are meant in this law two people who live together in a stable relationship resembling marriage.

§ 5 b. One spouse or partner may, with the consent of the other spouse or partner adopt the latter's child unless they are spouses or cohabitants of the same sex and the child is an adopted child who originates from a foreign state that does not permit adoption. One partner in a registered partnerskap1 may with the consent of the other partner adopt the latter's child, unless the child is an adopted child who originates from a foreign state that does not permit such adoption.
Divorced spouse or registered partner may with the consent of the former spouse or registered partner adopt the latter's child. This applies only where there is established one parenthood of the child, and this parent is separated from the person applying to adopt. A similar admission applies to cohabitants where cohabitation is dissolved.
Surviving spouse, registered partner or cohabitant may adopt former spouse, registered partner or cohabitant children. This applies only where there is established one parenthood of the child, and this parent is dead.

§ 6. A child who is age of 7 and younger children who are capable of forming their own opinions must be informed and given an opportunity to comment before a decision about adoption will be permitted. Child must be given due weight in accordance with age and maturity. Who has reached the age of 12 can not be adopted without their consent.
Municipality shall, upon request, assist the licensing authority to disclose the matter under subsection in consent pursuant to subsection.

§ 7. Anyone who is under 18 years can not be adopted without the consent of the person or persons who have parental responsibility. Is one of them disappeared, mentally ill or mentally retarded, the consent of the other sufficiently. Are both disappeared, mentally ill or mentally retarded, required the consent of the guardian. Parental consent can not be given before two months after the baby is born.

Father or mother who does not have parental responsibility must as far as possible be heard before a decision is made. Is anyone other than a parent appointed guardian for the person who wishes to adopt, should also guardian be allowed to express their views.

§ 8. Persons who are deprived of legal capacity on the personal site, can not be adopted without the consent of the guardian.

§ 9. The King may approve retroactively an adoption license given without legal conditions existed.

§ 10. The question of the validity of an adoption can not be admitted to a preliminary examination in a case concerning another question.

Chapter 2. Anonymous adoption disclosure obligation

§ 11. Public Administration § 18 first paragraph shall not preclude the parties to a adopsjonssak kept unknown to each other (anonymous adoption).

§ 12. Adoptive parents shall as soon as advisable to tell the adopted child that is adopted. From the child is 18 years old has the right to be informed of the ministry who the original parents.

Chapter 3. Effects of adoption, etc.

§ 13. Upon adoption gets adoptive child and his heirs the same legal status as if the adopted child had been the adoptive parents' own biological children, if not otherwise provided in § 14 or any other law. Meanwhile fall right relationship to the original genus away, unless otherwise provided by special law. If a spouse or cohabitant adopted the other spouse's or partner's child, the child gets the same legal position in relation to spouses or cohabitants as if it were their common children. The same applies to children adopted in accordance with § 5 b, second, third and fourth paragraphs.

§ 14. If the adoptive child's religious upbringing may be taken in particular provision of the adoption license.

§ 14 a. Visit Contact after completed adoption For adoptions completed as a result of decisions by the Child Welfare Act § 4-20, the effects of adoption set out in § 13 of this Act, subject to the limitations that any decision has been taken pursuant to the child welfare Act § 4-20 a visit if contact between the child and his biological parents.

§ 15. Does the child adopted anew by someone other than the adopter's spouse, cohabitant or registered partner ceases legal effects of the initial adoption in relation to the first adoptive parents and their relatives.

§ 16. adoption shall be noted by the adoptive child's name at the registry and in the other public protocols Ministry.

Chapter 3A. Adoption Outreach and approval of adoptive homes

§ 16 a. With adoption disclosure purposes of this Act any business that aims to create contact between children who can be adopted and people who want to adopt, including any registration or assessment of adoption applicants, registration of children who can be adopted or selection the parents of each child.

§ 16 b. It is forbidden for private individuals to act as agents for the placement of children with a view to adoption. For organizations, it is prohibited to engage in such outreach activities without permission from the Ministry, ref. § 16 d. Any person who violates the prohibition in the first paragraph is punishable by fines or imprisonment up to three months. Attempts same penalty as a completed offense.

§ 16 c. The Ministry will appoint a committee for placement for adoption of children residing in Norway. The Ministry may issue further regulations on mediation.

§ 16 d. Organizations can get permission from the Ministry to convey children from foreign states with a view to adoption. Permission shall be granted only to organization that has such disclosure primary purpose. The organization shall be expelled from what is believed to be beneficial for the child and not have profit objectives. The permit shall be limited in time and specify the foreign state or the foreign states it applies.
Ministry may by regulations prescribe further requirements which can be imposed on the organization, its activities and liquidation.
The Ministry supervises activities and can provide your organization to rectify the conditions that are contrary to law, regulations or conditions of license. Permission may be withdrawn if laws, regulations or subject to conditions have not been met.

§ 16 e. The person living in Norway must not adopt children from foreign state without the prior consent of the Ministry. Ministry to investigate the applicants prior consent under subsection granted. When the Ministry requests, the municipality shall assist in disclosing an application for consent under subsection.
The municipality will also assist in disclosing an application for adoption after the child's arrival in Norway, so that adoption can take place.

Ministry may issue regulations relating to procedure, assessment of the applicants, the conditions for granting consent and the requirements for applicants' suitability, including requirements on age, health, conduct, duration of the marriage, finances, housing and participation in adoption courses. Ministry may issue regulations also impose special requirements for single applicants.

§ 16 f. Adoption of children residing in a foreign state shall be made through an organization pursuant to § 16 d subsection is authorized by the Ministry to conduct such activities. The Ministry may in special cases consent to the adoption of children residing in a foreign state occurs outside of recognized organization.

Chapter 4. Inter Legale question

§ 17. Application for a license to adoption settled in Norway if the applicant is resident in the realm, or if the Ministry agrees that the matter is discussed here.

§ 18. The application is determined by Norwegian law. If applying for adoption of children under 18, should the decision be given to whether the adoption will also be valid in the foreign state that the applicant or the child has such a strong connection to the residence, citizenship or otherwise, that would cause significant inconvenience to your child about adoption is not applicable there.

§ 19. An adoption granted and are valid in a foreign state (foreign adoption), applies in this country, provided the adopter (s) when the adoption was granted had his residence in the foreign state where adoption is granted. How validity also an adoption given in a State other than the above, provided that the adoption is recognized in the State where the adopter (s) had his residence at the time of the adoption. An adoption of a child who was under 18 years old and living in Norway at the time of adoption, does not apply in this country unless the Ministry has consented to the adoption.
Ministry may in each case determine whether a foreign adoption applies in this country under the provisions of the first paragraph. Ministry may recognize a foreign adoption that are not covered by subsection.
A foreign decision on the abolition of adoption in a case where one of the adoptive parents or the adopted child is residing in Norway on repealing the time, does not apply in this country unless the Ministry agrees repeal.

§ 20. A foreign adoption does not apply in this country if this would clearly be offensive to Norwegian policy (ordre public).

§ 21. When a foreign adoption applies in this country, should the adopted child with regard to guardianship, custody and maintenance obligations deemed the adopter (s) own child. About the right to inheritance because of foreign adoption is a law that would otherwise apply for the right of inheritance of the deceased (arvestatuttet), without regard to after which country's court decision on adoption is made.

§ 22. When consent is granted pursuant to § 16 e, apply the foreign adoption in this country. The ministry may decide that it shall have the same legal effect as a Norwegian adoption.

§ 23. The King may issue aside the regulations in §§ 17 to 22 if it is necessary to fulfill Norway's obligations under agreements with foreign states.

Chapter 5. Commencement, changes in other laws, etc.

§ 24. This Act comes into force when the King bestemmer.1 this Act comes into force, repealed - - -
At the same time the following amendments to other Acts - - -

§ 25. The provisions of the Act also applies to adoptive relationships established prior law came into force. For adoptive relationship established before July 1, 1957 this is still only the case when they have provision under § 15 bi law April 2, 1917 No.. 1 for adoption, as it read after amendment by Law 24 May 1935 No.. 2.