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Law No. 11 Of 31 July 1990 * Republished Regarding Adoption

Original Language Title:  LEGE nr. 11 din 31 iulie 1990 ***Republicată privind încuviinţarea adopţiei

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LEGE no. 11 of 31 July 1990 *** on the consent of adoption
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 159 159 of 24 July 1995



Note * *) Republicated pursuant to art. III of Law no. 65 65 of 22 June 1995 , published in the Official Gazette of Romania, Part I, no. 128 of 27 June 1995, giving the articles a new numbering. Law no. 11/1990 was published in the Official Gazette of Romania, Part I, no. 95 of August 1, 1990 and has been republished in the Official Gazette of Romania, Part I, no. 159 159 of 26 July 1991. + Article 1 The consent of the adoption is the jurisdiction of the courts. The application for the consent of the adoption shall be entered at the court where the person who adopts is domiciled. The application for the consent of the adoption of a forsaken child, of unknown parents or who, of any other case, is in the care of a protection institution, is introduced to the court within which the seat of the protection institution is located. The application for the consent of the adoption made by a foreigner or a Romanian citizen residing or residing abroad shall be entered at the courthouse where he/she resides the one to be adopted. 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. + Article 2 In order to supervise and support actions to protect minors through adoption and to achieve international cooperation in this field, the Romanian Committee for Adoption is established as a governmental body. 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 3 Foreigners or Romanian citizens residing or residing 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 after taking Obvious. From the provisions of the previous paragraph, the spouse 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 of the Family Code. In order to entrust to international adoption, the institutions of protection of minors are obliged to transmit to the Romanian Committee for Adoption the records of children in protection. + Article 4 Foreigners or Romanian citizens residing or residing abroad, who want to adopt children in the record referred to in art. 3, will address the Romanian Committee for Adoption exclusively through the central authority operating in their state in the field of child protection and international adoption cooperation or, in the absence of such an authority, through adoption bodies legally constituted in their countries, with which the Romanian Adoption Committee has concluded collaboration agreements. The application, together with the documents provided in art. 5, will be transmitted by the Romanian Committee for Adoption, for resolution, to the competent court, within 18 months of registration. Except provided for in art. 3 3 para. 2, international adoption of children in the family is stopped. + Article 5 At the request for the consent of the adoption the following acts will be attached: a) Acte on adoptship: -birth certificate, in certified copy; -birth certificates and, as the case may be, 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 for Adoption, in the case of international adoption, that the minor is in the record referred to in art. 3 and that there are guarantees for the minor to enter and live in the receiving state, as well as for the pursuit of his evolution after adoption. b) Acts on adopters: -authenticated declaration in which the adopters specify whether the adoption is done with full effects or with restricted effects; -birth and marriage certificates, in certified copy; -criminal history certificates; -health certificates; -an act, issued by the competent foreign authorities, showing that they can adopt, according to the legislation of that country; -the social survey carried out by the competent foreign authorities at the home of the adopters, showing their opinion on the adoption. + Article 6 The court settles the application for the consent of the adoption in the council chamber, in complete constituted of 2 judges, in compliance with the substantive conditions provided by law. The trial of the application is made with the citation of those provided in art. 70 of the Family Code and the guardianship authority, as well as the participation of the prosecutor In the case of international adoption, the Romanian Adoption Committee will also be quoted. The court may administer any evidence permitted by law. Conducting the social survey is mandatory. In the case provided by art. 1 1 para. 4, the social investigation is made by the county bodies or the city of Bucharest. + Article 7 If the adopter or the one to be adopted is foreign, each is subject, in respect of the substantive conditions for the conclusion of the adoption, to its national law, if the foreign law does not violate the public order of international law Private Roman + Article 8 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 has drawn 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 6 months from the date of the declaration, it shall be adopted by the person chosen by the Romanian Committee for Adoption, without the need for a new consent of their adoption. + Article 9 Under the law, those who justify a legitimate interest can intervene in the process regarding the consent of adoption. + Article 10 The court will rule on the application for the consent of adoption by decision, given that the minor can benefit in the foreign country from the guarantees and norms equivalent to those existing in the case of a national adoption. The decision provided in par. 1 is subject to appeal under the conditions and within the deadlines provided by the Code of Civil Procedure. 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 parentage, will be made by the local council within whose domicile or residence is adopted, and in the cases provided by art. 1 1 para. 5, by the Local Council of Sector 1, Bucharest municipality. The citizenship of the adopted is subject to the Romanian citizenship law + Article 11 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 whose citizen adopted 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 12 The act of the parent, guardian or legal protector, who claims or receives, for himself or for another, money or other material benefits for the purpose of adopting a child is punishable by imprisonment from one to 5 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. Money, values or any other goods received are confiscated, and if they are not found, the convict is obliged to pay their equivalent in money. + Article 13 Applications for the consent of the adoption, pending on the authorities of the guardianship authority, will be submitted immediately to the competent courts, according to the provisions of this law. Requests for cancellation or dissolution of adoption follow the same rules of competence as those for its consent. + Article 14 The provisions of Chapter III of the Family Code shall be amended accordingly to the provisions of this Law. Articles 73 and 74 of the Family Code, Decree no. 137 137 of 23 March 1956 , as well as any other provisions contrary to this law shall be repealed. NOTE: Right. art. II of Law no. 65/1995 , 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 introduction of the application. ----------------------