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Law No. 101 Of 16 September 1992 For Romania's Accession To The European Convention On The Legal Status Of Children Born Out Of Marriage, Done At Strasbourg On 15 October 1975

Original Language Title:  LEGE nr. 101 din 16 septembrie 1992 pentru aderarea României la Convenţia europeană asupra statutului juridic al copiilor născuţi în afară căsătoriei, încheiată la Strasbourg la 15 octombrie 1975

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LEGE No 101 of 16 September 1992 for the accession of Romania to the European Convention on the legal status of children born outside of marriage, concluded in Strasbourg on 15 October 1975
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO 243 of 30 September 1992



The Romanian Parliament adopts this law + Article 1 Romania adheres to the European Convention on the legal status of children born out of wedlock, concluded in Strasbourg on 15 October 1975. + Article 2 According to the provisions of art. 1 of the Convention, the Ministry of Justice will notify the Secretary-General of the Council of Europe of the measures taken to ensure the compliance of the This law was adopted by the Senate at its meeting of 11 June 1992, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT academician ALEXANDRU BIRLADEANU This law was adopted by the Chamber of Deputies at the meeting of September 8, 1992, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT MARTIAN DAN EUROPEAN CONVENTION on the legal status of children born out of wedlock *) (Strasbourg, 15 October 1975) Member States of the Council of Europe, signatories to this Convention, Considering that the purpose of the Council of Europe is to achieve a stronger union among its members, inter alia, by facilitating the adoption of common rules in the legal field, Finding that in a large number of Member States efforts have been made or efforts are being made to improve the legal status of children born out of wedlock by reducing the differences between the legal status of these children and that of children born of marriage, these differences disfavoring the teeth on the legal and social level, considering that in this area, there are still ample mismatches in the right of the Member States, convinced that the condition of children born out of wedlock must be improved and that the establishment of certain common rules on their legal status would facilitate the achievement of this objective and would at the same time contribute to the harmonisation of laws in this area of the Member States, considering, however, that it is necessary to establish progressive steps for those States which assess that they are not in a position to adopt immediately some of the rules of this Convention, have agreed as follows: + Article 1 Each Contracting Party shall undertake to ensure the compliance of its legislation with the provisions of this Convention and to notify the Secretary-General of the Council of Europe of the measures taken to + Article 2 The parentage towards the mother of all children born out of wedlock is established by herself the child's birth. + Article 3 The parentage towards the father of all children born out of wedlock may be ascertained or established by voluntary recognition or by judicial decision. + Article 4 Voluntary recognition of paternity may not be the object of an opposition or challenge, when these proceedings are provided for by domestic law, unless the person who wants to admit or admitted the child is not, Biological, his father. + Article 5 In the actions relating to the parentage to the father, the scientific evidence able to establish or remove the paternity, is to be approved. + Article 6 1. The father and mother of a child born out of wedlock have the same maintenance obligation to this child as the one that exists to the child born of marriage. 2. When the obligation of maintenance of a child born of marriage incumba to certain members of the family of the father or mother, the child born outside the marriage also benefits from this obligation. + Article 7 1. When the parentage of a child born out of wedlock is established to the two parents, the exercise of parental rights cannot be rightfully attributed to the father alone. 2. The exercise of parental rights is to be transferred; transfer cases are subject to domestic law. + Article 8 When the father or mother of a child born outside the marriage does not have the exercise of parental rights or the right to entrust the child, this parent can obtain a right of visitation in the entitled cases. + Article 9 The rights of the child born out of wedlock to the succession of his father and mother and members of their families are the same as when they were born of marriage. + Article 10 The marriage of the father and mother of a child born outside marriage gives this child the legal status of a child born of marriage. + Article 11 1. This Convention shall be open to the signature of the Member States of the Council It will be ratified, accepted or approved. Instruments of ratification, acceptance or approval will be submitted to the Secretary General of the Council of Europe. 2. The Convention shall enter into force after 3 months from the date of deposit of the third instrument of ratification, acceptance or approval. 3. It shall enter into force, compared to any signatory state that will ratify it, accept or approve subsequently, after 3 months from the date of deposit of its instrument of ratification, acceptance or approval. + Article 12 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe will be able to invite any non-member state of the Council to accede to this 2. The accession will be made by submitting, in addition to the Secretary General of the Council of Europe, an instrument of accession that will produce effect after 3 months from the date of its submission. + Article 13 1. Any State may, at the time of signature or at the time of deposit of the instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention will apply. 2. Any State may, at the time of depositing its instrument of ratification, acceptance, approval or accession or at any other time, extend the application of this Convention, by declaration addressed to the Secretary-General of the Council of Europe, to any other territory designated in the declaration and to which it provides international relations or for which it is empowered to stipulate. 3. Any statement made pursuant to the preceding paragraph will be able to be withdrawn, in respect of any territory designated in this declaration, under the conditions provided by art. 15 15 of this Convention. + Article 14 1. Any state may, at the time of signature or at the time of submission of its instrument of ratification, acceptance, approval or accession or when it makes a declaration according to paragraph 2 of art. 13 13 of this Convention, to make no more than three reservations about the provisions of art. 2 2-10 of it. Reserves of a general nature shall not be admitted; each reserve may be carried only on a provision. 2. Each reserve shall take effect for five years from the entry into force of this Convention to the part taken into account. It may be renewed for successive periods of five years by means of a declaration addressed before the expiry of each period to the Secretary-General of the Council of Europe. 3 3. Any Contracting Party may withdraw, in whole or in part, a reservation made by it under the preceding paragraphs by means of a declaration addressed to the Secretary-General of the Council of Europe and to produce effects from Date of receipt + Article 15 1. Any Contracting Party may, as far as it is concerned, denounce this Convention, by addressing a notification to the Secretary-General of the Council of Europe. 2. Denunciation shall take effect six months after the date of receipt of the notification by the Secretary-General. + Article 16 The Secretary-General of the Council of Europe shall notify the Member States of the Council and any State which has acceded to a) any signing; b) the deposit of any instrument of ratification, acceptance, approval or accession; c) any date of entry into force of this Convention, according to art. 11 11; d) any notification received in application of the provisions of art 1 1; e) any statement received in application of paragraphs 2 and 3 of art. 13 13; f) any reservation made in application of the provisions of paragraph 1 of art. 14 14; g) the renewal of any reservation made in application of paragraph 2 of art. 14 14; h) withdrawal of any reservation made in application of paragraph 3 of art. 14 14; i) any notification received in application of art. 15 and the date on which the denunciation will take effect. As for which, the undersigned, legally empowered, have signed this Convention. Drawn up in Strasbourg on 15 October 1975, in French and English, both texts having the same validity, in a single copy, which will be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe will communicate it in certified copy to each of the signatory and adhering states.