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 PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 243 of 30 September 1992, the Romanian Parliament adopts this law.
Article 1 Romania accede to the European Convention on the legal status of children born out of marriage, done at Strasbourg on 15 October 1975.
Article 2 In accordance with article 4. 1 of the Convention, the Ministry of Justice shall notify the Secretary general of the Council of Europe of the measures taken to ensure that the Romanian legislation with the provisions of the Convention.
This law was adopted by the Senate at its meeting on 11 June 1992, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Chamber of deputies at its meeting on 8 September 1992, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
The PRESIDENT of the EUROPEAN CONVENTION on the MARTIAN D the legal status of children born out of marriage *) (Strasbourg, 15 October 1975) Member States of the Council of Europe, signatories to this Convention, believing that the Council of Europe's mission is to create a close Union between its members may, inter alia, facilitate the adoption of common rules in the field of constatind, as a large number of Member States have achieved or are undertaking efforts to improve the legal status of children born out of marriage micsorind differences between the legal status of such children and that of the children born of the marriage, these differences defavorizind the legal teeth and, believing that in this area, there is still broad disparities in the laws of the Member States, convinced that we have improved the condition of children born out of marriage and that the establishment of certain common rules relating to their legal status would facilitate the realization of that goal and would help at the same time, harmonisation of laws in this area at Member State, believing that it is necessary, however, to establish progressive stages for those countries which it considers not to be in measure to adopt as soon as some of the rules of this Convention, have agreed as follows: Article 1 each Contracting Party undertakes to ensure 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 that end.
Article 2 This toward the mother of all children born out of marriage is established by the single fact of birth of the child.
Article 3 This towards my Dad of all children born out of marriage may be ascertained or established by voluntary recognition or by judicial decision.
Article 4 recognition of voluntary paternity cannot form the subject of opposition or appeal, when these procedures are laid down by legislation, than if the person who wants to recognize or that the child is not recognized, or biological, father.
Article 5 actions relating to lineages toward dad, scientific evidence fit to establish or to remove fatherhood, to be încuviinţate.
Article 6 1. The father and mother of a child born out of marriage in the same maintenance obligation towards this child like the one that exists towards the child born of the marriage.
2. where the obligation of maintenance of a child born out of marriage for some certain members of the family of the father or of the mother, the child born out of marriage benefit, too, from this obligation.
Article 7 1. When a baby's born in lineages out of marriage is fixed against the two parents, parental rights may not be assigned by operation of law only.
2. the exercise of parental rights to be able to be transferred; transfer cases are subject to domestic laws.
Article 8 when the father or mother of a child born out of marriage does not exercise parental rights or law relating to the custody of the child, this parent may obtain a right of visitation in cases justified.
Article 9 rights of the child born out of marriage to the father, and his mother's succession and to members of their families are the same as if he would be born of the marriage.
Article 10 the marriage of the father and mother of a child born out of marriage confers this child's legal status of a child born out of wedlock.
Article 11 1. This Convention is open for signature by Member States of the Council of Europe. It will be ratified, accepted or approved. Instruments of ratification, acceptance or approval shall be deposited under the auspices of the Secretary-General of the Council of Europe.
2. The Convention shall enter into force three months after the date of deposit of the third instrument of ratification, acceptance or approval.
3. It shall enter into force for any signatory State ratifying or accepting subsequently, incuviinta, after 3 months of the date of deposit of the instrument or 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 Convention.
2. Accession shall be effected by the deposit of, under the auspices of the Secretary-General of the Council of Europe of an instrument of accession which will take effect after 3 months from its filing date.
Article 13 1. Any State may, at the time of signature or when depositing the instrument of ratification, acceptance, approval or accession, to designate the territory or territories to which this Convention shall apply.
2. Any State may, when depositing the instrument of ratification, or acceptance, approval or accession or in any other time, to extend the application of this Convention, by declaration addressed to the Secretary general of the Council of Europe, to any territory designated in the Declaration and which provide international relations or for which it is empowered to stipulate.
3. Any declaration made under the preceding paragraph may be withdrawn, in respect of any territory designated in this Declaration, in circumstances provided for in art. 15 of the Convention.
Article 14 1. Any State may, at the time of signature or when depositing the instrument of ratification or acceptance, approval, accession or times when you will make a declaration according to paragraph 2 of article 10. 13 of this Convention, to make no more than three reservations with regard to article 4. 2-10.
Reservations of a general nature are not permitted; each book you can't wear than an existing provisions.
2. each book will take effect for five years from the entry into force of this Convention compared part disregarded. It may be renewed for successive periods of five years, by a declaration addressed to the intercession before the expiry of each period the Secretary-General of the Council of Europe.
3. Any Contracting Party may withdraw, in whole or in part, a book made by it pursuant to the preceding paragraphs or inducing a declaration addressed to the Secretary general of the Council of Europe and which is intended to have effect from the date of its delivery.
Article 15 1. Any Contracting Party will be able to, in what concerns, to denounce the present Convention, adresind Secretary general of the Council of Europe.
2. The denunciation will take effect after six months from 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 this Convention: (a) any signature;)
b) filing any instrument of ratification, acceptance, approval or accession;
c any date of entry) into force of this Convention, in accordance with art. 11;
d) any notification received in application of the provisions of article 3. 1;
e) any declaration received pursuant to paragraphs 2 and 3 of article 10. 13;
f) any reservation pursuant to the provisions of paragraph 1 of article 3. 14;
g) renewal pursuant to any reservations made paragraph 2 of art. 14;
h) withdrawal of any reservations made in pursuance of paragraph 3 of article 12. 14;
I) any notification received in application of art. 15 and the date on which the denunciation will take effect.
In witness whereof, the undersigned, legally empowered, have signed this Convention.
Done at Strasbourg on 15 October 1975, in French and English languages, both texts having the same validity, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary general of the Council of Europe shall communicate certified copies according to each of the signatory States and that join.