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Law No. 47 Of 7 July 1993 Concerning The Judicial Declaration Of Abandonment Of Children

Original Language Title:  LEGE nr. 47 din 7 iulie 1993 cu privire la declararea judecătorească a abandonului de copii

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LEGE No. 47 of 7 July 1993 on the declaration of the abandonment of child abandonment
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 153 of July 8, 1993



The Romanian Parliament adopts this law + Article 1 The child in the care of a state social or medical protection institution, of a private institution of legal protection constituted or entrusted under the law of a natural person can be declared by court decision abandoned, as a result of the fact that the parents were disinterested in him, manifestly, for a period of more than 6 months. Disinterest means the imputable cessation of any links between parents and the child, links to prove the existence of normal parental relationships. The disinterest shown towards the child can be proven with any means of proof. Institutions that have in care children are obliged to communicate to the guardianship authority or court, at their request, the number of visits carried out, as well as any acts of parents that may characterize the parental behavior of to them towards the child. To this end, the institution is obliged to keep a strict record of the said visits and facts. + Article 2 The application for the declaration of abandonment is addressed to the county court or, as the case may be, of the city of Bucharest within which the seat of the protection institution is located or the domicile of the natural person to whom the child The complaint of the court will be made by the management of the institution where the child left or the prosecutor is, within 3 months from the date of fulfillment of the 6-month period since the parents ceased their ties with the child within the meaning of those provided in art. 1 1 para. 2. At the request for the declaration of abandonment will be attached the social survey carried out by the competent guardian authority on the conditions of the child's abandonment, the situation of the parents, the psychophysical state, the training and education of the child, the which also has their way of improving them, as well as any other data interested in raising, training and educating the child. In the framework of the social survey the tutelary authority will opine in relation to its position on the application for a court declaration of abandonment. Citation of parents, guardianship authority and persons referred to in art. 3 3 is mandatory. The participation of the prosecutor in the process + Article 3 In the case of children in the institutions provided in art. 1 1, the abandonment will not be declared if, within the period of 6 months or during the trial, a relative up to the fourth degree including asks to be entrusted with the child for growth and education, and the request is appreciated as in the interest the child. The child who has reached the age of 10 will be heard by the court. + Article 4 In case of declaration of abandonment, the court will delegate the exercise of parental rights to the state social or medical protection institution or to the legal private institution constituted or, as the case may be, to another person, under the law. The ruling is subject to the remedies provided by law. + Article 5 For children who at the time of entry into force of the law are in state social or medical protection institutions, left by parents for over 6 months, the court's complaint, under the conditions of art. 2 2 para. 2, it can be done immediately. + Article 6 The competent court may decide at any time, at the request of one or both parents, to render the exercise of parental rights, if they have ceased the circumstances that led to the declaration of abandonment and whether the rendering of the exercise of these rights is in child's interest The provisions of the preceding paragraph shall not apply where the child has been adopted under the law. + Article 7 It constitutes contravention and is sanctioned with a fine of 50,000 to 300,000 lei non-fulfillment by the management of the institutions that have in care children the obligation provided by art. 1 1 para. 3 3 and art. 2 2 para. 2. The finding of contraventions and the application of fines will be made by the personnel with specific control powers of the central or local body under which the social or health protection institution is located. + Article 8 This law enters into force on the date of publication in the Official Gazette of Romania. + Article 9 Any provisions contrary to this law shall be repealed. This law was adopted by the Chamber of Deputies at the meeting of June 22, 1993, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE This law was adopted by the Senate at the meeting of June 22, 1993, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. OLIVIU GHERMAN -------------