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DRAFT LAW NO. 304 /X

AMEND THE DECREE-LAW NO. 185/93, OF May 22,

IN THE PART CONCERNING THE PLACEMENT ABROAD OF UNDERAGE RESIDENTS

IN PORTUGAL WITH A VIEW TO ADOPTION

EXHIBITION OF REASONS

The legal institute for adoption was introduced in Portugal with the approval of the

Civil Code of 1966.

Since it has been recognized as a source of family legal relationships, the

institute of adoption has already undergone four major modifications, operated by the Decrees-

Laws n. the

496/77, of November 25, 185/93, of May 22, 120/98, of May 8, and

by Law No. 31/2003 of August 22, which aimed at the suitability of the institute to reality,

in the sense of ensuring full and harmonious development for children

devoid of a family medium.

It is noted, however, that at the last review of the legal regime of the

adoption, arising from the entry into force of the said Act No 31/2003 of August 22,

a specific standard was suppressed that ensured the possibility of the Portuguese

residents abroad to be able to apply for the adoption of smaller residents in

Portugal in conditions analogous to those of Portuguese residents on national territory.

Since 1993, and until 2003, that the principle of subsidity applicable to placement

abroad, for the purpose of adoption, of minors residing in Portugal, contained,

among others, an exception: " when the minor is of the nationality of the candidate a

adopter ", allowing for this route to bypass the rule that restricts the placement of

minor with a view to their adoption abroad only and only when it proves unviable

adoption in Portugal.

Notwithstanding the overall positive changes arising from the reform of

2003, the truth is that there has been a backlash in respect of Portuguese rights

residents abroad, who are no longer seen to be relevant to their nationality in the face of

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foreign citizens, when it is concerned with the adoption of children from

Portugal.

The deletion of Article 15 (3) of the Decree-Law No. 120/98 of May 8,

has thus translated into a loss of rights on the part of Portuguese citizens to reside

abroad, as, for the purpose of adopting smaller residents in

Portugal, they are no longer being equated with the citizens residing in Portugal.

More than an express will of the legislator, the verified amendment seems

have resulted from a material lapse, therefore finding that the national citizens

residents abroad, who were benefiting from an exception regime in what tange the

placement of minors abroad for adoption effects, were impaired with

the removal of this standard, so it is important to collect it in force.

In this way, in the applicable constitutional and regimental terms, the Deputies

of the Parliamentary Group of the Socialist Party present the following draft law:

Single Article

Amendment to Decree-Law No 185/93 of May 22

Article 15 of the Decree-Law No. 185/93 of May 22, as amended by the Decree-

Law No. 120/98 of May 8 and by Law No. 31/2003 of August 22, passes to

following wording:

" Article 15.

[...]

1-(...)

2-(...)

3-No. The provisions of paragraph 1 shall apply if the minor is of the nationality of the

candidate for adopter or child of the spouse of this or if the interest of the minor advises the

adoption abroad. "

St Bento, on the July 20, 2006

THE DEPUTIES,