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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LAW No. 48 of 16 July 1991 on completion and modification of laws concerning adoption published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 147 of 17 July 1991 Parliament adopts this law.

Article 1, law No. 11/90 concerning the adoption and approval of change to be completed as follows: 1. In article 1 insert a new paragraph end with the following content: "where the one to be adopted is domiciled or Romanian citizen residing overseas, application to the Court is a matter for Romanian Bucharest Tribunal."
2. Article 1 shall be inserted After article 1 ^ 1 ^ 1 and 2, with the following content: "ART. 1 ^ 1-for the purposes of supervision and support actions for the protection of minors through the adoption and implementation of international cooperation in this matter, shall be established as an organ of the Government, the Romanian Committee for Adoptions.
Romanian Adoptions Committee collaborates with foreign central authorities which have powers in the field of protection of children and international adoptions, as well as with organizations authorized by them, in any matter of mutual interest in the field of adoption.
Article 1 ^ 2-Aliens or Romanian citizens domiciled or resident abroad can only adopt children in obvious Roman adoption Committee which have not been adopted in the country or only in the range of at least 6 months of taking.
The provisions of the preceding paragraph are exempted husband who adopt the child of the other spouse, the adopters who are relatives up to the fourth degree inclusive with one of the minor's parents or adopt the major persons, pursuant to article. 67 of the family code. "
3. Article 2 (a)), with the following change: ' a) Acts relating to psychical integrity:-birth certificate, certified copy;
-birth certificates and, if applicable, marriage or death of the parents, the natural minor you certified copy;
-notarized statement consent to adoption, the natural parent or parents, guardian or legal ocrotitorii, or, where appropriate, the opinion of the guardianship;
-medical certificate concerning the minor's State of health, issued, as appropriate, of the County, municipal polyclinic or sector;
-confirmation of the Romanian Committee for Adoptions as the minor could not be entrusted to or adopted in the country within six months of taking in. "
4. Article 5 shall read as follows: ART. 5-where a child for adoption is required under the tutelage of implementation, but this has not yet been established, the Court will adopt incuviinta with the opinion of the competent guardianship authorities to draw up a social investigation.
In the cases provided for by art. 109 of the family code, when the child was in a care institution or in a medical-sanitary unit, a request for revocation of the parent of parental rights can be made and the leadership of the institution or the unit.
In the case of children in an institution for the protection and, where appropriate, in a medical-sanitary unit, parents may declare in writing in the form of authentic, as are agreed that, after six months from the date of the Declaration, to be adopted by the person chosen by the Committee for Adoption, without the need for a new consent to adoption of their own. "
5. Paragraph 1 of article 7 shall modify and shall read as follows: "the Court will rule on the request for approval of adoption by decision, considering that the minor to be eligible for the foreign country of the guarantees and norms equivalent to those existing in the case of national adoption."
6. Article 7 shall be inserted two paragraphs, with the following contents: ' in the cases provided for by art. 1 (1). 4, the new act of birth of the adopted child, with all the natural effects of parentage, will be made by the Town Hall within which has its field of psychical integrity, or residence and, in the cases provided for by art. 1 (1). 5 by the City Hall of Bucharest sector 1.
Adoptatului citizenship is subject to the law of citizenship. "
7. After article 4. 7 art are introduced. 7 ^ 1 ^ 2 and 7, with the following content: "ART. 7 ^ 1-Romanian Committee for Adoptions, with the support of the Romanian diplomatic and consular representations and other international standards, which will make the efforts necessary to advise the authorities or organisations of the State whose citizen adopted a Romanian child, for it to benefit from the guarantees and norms equivalent to those existing in the case of national adoption.
Article 7 Murdering ^ 2-parent, guardian or legal guardian which claims or receives for himself or for another, money or material benefits for the purposes of adoption of a child shall be punished with imprisonment from one to five years.
The same penalty shall be imposed on the person and the deed, in order to obtain an undue material use, facilitates the adoption of an intermediating or child.
The money, values or any other goods received are subject to, and if they are not found, the convict is obliged to pay their equivalent in money. "

Article 2 applications for adoption, placed on the role of the courts, will be resolved according to the rules in force on the date of the application.

Article 3 the term "adoption" of the family code and other regulatory acts shall be replaced by the term "adoption".

Article 4 Article 20 of Decree No. 278/1960 concerning the civil status acts, shall be added after paragraph 1. 3, with a new paragraph, which reads: ' paragraph. 3 regarding the disclosure, in the Act of birth of the încuviinţării drawn up as a result of adoption with all the natural effects of parentage, place of birth, of which reside in those who have adopted, does not apply in the case of adoption of a Romanian citizen child by a stranger or a Romanian citizen residing or residence abroad. "

Article 5 law No. 11/1990, with amendments and additions made by this Bill, will, realizing a new numbering is the texts.
This law was adopted by the Senate at its meeting on 3 July 1991.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 10 June 1991.
The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law on completion and modification of laws relating to adoption and we have its publication in the Official Gazette of Romania.
ROMANIAN PRESIDENT ION ILIESCU — — — — — — — — — — — — — — — — — — — — — — — — — — —