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Law No. 48 Of 16 July 1991 On Completion And Modification Of Laws Regarding Adoption

Original Language Title:  LEGE nr. 48 din 16 iulie 1991 pentru completarea şi modificarea unor dispoziţii legale privind înfierea

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LEGE No. 48 of 16 July 1991 to complete and amend some legal provisions concerning the establishment
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO 147 of 17 July 1991



The Romanian Parliament adopts this law + Article 1 Law no. 11/90 on the consent of the establishment is amended and supplemented as follows: 1. In Article 1, a new, final paragraph shall be inserted as follows: "If the one to be adopted is a Romanian citizen with his domicile or residence abroad, the request addressed to the Romanian court is within the competence of the Bucharest City Court." 2. After Article 1, Articles 1 ^ 1 and 1 ^ 2 are inserted, with the following contents: "" ART. 1 ^ 1-In order to supervise and support actions to protect minors through adoption and to achieve international cooperation in this field, it is established as a governmental body, the Romanian Committee for Adoption. The Romanian Adoption Committee collaborates with central authorities abroad who have powers in the field of protection of children and international adoptions, as well as with organizations authorized by them, in any issues of mutual interest in Adoption field. Article 1 ^ 2-Foreigners or Romanian citizens with domicile or residence abroad may adopt only children on the record of the Romanian Adoption Committee and who could not be entrusted or adopted in the country, in the range of at least 6 months From the obvious. From the provisions of the previous paragraph, the husband who adopts the child of the other spouse, adopters who are relatives up to the fourth degree including one of the parents of his minor who adopts major persons under the conditions of art. 67 67 of the Family Code. " 3. Article 2 (a) is amended, with the following contents: "" a) Adoption acts: -birth certificate, in certified copy; -birth certificates and, as the case may be, of marriage or death, of the natural parents of the minor, in certified copy; -declaration authenticated by consent to adoption, given by the natural parent or parents, guardian or legal protector, or, as the case may be, the opinion of the guardianship authority; -medical certificate on the health of the minor, issued, as the case may be, by the county, municipal or sector polyclinic; -the confirmation of the Romanian Committee on Adoption that the minor could not be entrusted or adopted in the country, in the range of at least six months from the taking into account. " 4. Article 5 shall read as follows: "" ART. 5-If the adoption concerns a child for whom it is necessary to be put under guardianship, but it has not yet been established, the court will approve the adoption with the opinion of the competent guardianship authority to draw up the social investigation. In the situations provided by art. 109 of the Family Code, when the child is in a protection institution or in a medical-health facility, the request for revocation of the parent from parental rights can also be made by the management of the institution or unit. In the case of the child in a care institution or, as the case may be, in a medical-health facility, the parents may declare in writing, in authentic form, that they agree that, after the passage of six months from the date of the declaration, it shall be adopted by the person chosen by the Romanian Adoption Committee, without the need for a new consent of their adoption. " 5. Paragraph 1 of Article 7 is amended and shall read as follows: "The court will rule on the application for the consent of adoption by decision, considering that the minor may benefit in the foreign country from the guarantees and norms equivalent to those existing in the case of a national adoption." 6. In Article 7, two final paragraphs shall be inserted, with the following contents: " In the cases provided by art. 1 1 para. 4, the preparation of the new birth act of the adopted child, with all the effects of the natural branch, will be made by the city hall within which it has its domain or residence, and in the cases provided by art. 1 1 para. 5, by the City Hall of District 1 of Bucharest. The citizenship of the adopted is subject to the Romanian citizenship law. 7. After art. 7 the introduction of art. 7 ^ 1 and 7 ^ 2, with the following contents: "" ART. 7 ^ 1-The Romanian Committee for Adoption, with the support of the Romanian diplomatic and consular representations and other ways allowed by the international norms, will submit the necessary due diligence to the authorities or organizations of the state a Romanian child, in order for him to benefit from the guarantees and norms equivalent to those existing in the case of a national adoption. Article 7 ^ 2-The right of the parent, guardian or legal protector who claims or receives, for himself or another, money or used materials for the purpose of adopting a child is punishable by imprisonment from one to five years. With the same punishment is sanctioned the act of the person who, in order to obtain an undue material use, intermediates or facilitates the adoption of a child. The money, the values or any other goods received shall be confiscated, and if they are not found, the convict is obliged to pay their equivalent in money. " + Article 2 Applications for the consent of the adoption, pending before the courts, will be settled according to the regulation in force at the time of the application. + Article 3 The term "adoption" of the Family Code and any other normative is replaced by the term "adoption". + Article 4 Article 20 of Decree no. 278/1960 on civil status documents shall be completed, after paragraph. 3, with a new alignment, having the following contents: "" The provisions of para. 3 regarding the registration, in the act of birth drawn up as a result of the consent of the adoption with all the effects of the natural parentage, as a place of birth, of the locality where those who adopted are domiciled, do not apply to the adoption of a child citizen novel by a foreigner or a Romanian citizen residing or residing abroad. " + Article 5 Law no. 11/1990 , with the amendments and additions made by this law, will be republished, giving the texts a new numbering. This law was passed by the Senate at its meeting on July 3, 1991. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Assembly of Deputies at its meeting on 10 June 1991. PRESIDENT OF THE ASSEMBLY MARTIAN DAN Pursuant to art. 82 lit. m) of Decree-Law no. 92/1990 for the election of the parliament and the President of Romania, we promulgate the Law for the completion and modification of some legal provisions on the establishment and we have its publication in the Official Gazette of Romania ROMANIAN PRESIDENT ION ILIESCU ---------------------------