LAW No. 47 of 7 July 1993 concerning the judicial declaration of abandonment of children published in PARLIAMENT ISSUING the OFFICIAL GAZETTE NR. 153 of 8 July 1993, the Romanian Parliament adopts this law.
Article 1 child in the care of an institution of social protection or State medical, a private healthcare institutions legally established or entrusted under the law a person can be declared by a court order aborted as a result of the fact that the parents were uninterested in him, the obvious way, for a period exceeding 6 months.
Through carelessness shall mean the termination of any link between responsible parenting and child, proving the existence of parental relationships.
The disinterest expressed toward the baby can be proven with any sample. Institutions that have children in care are obliged to notify the guardianship authorities or court, at their request, the number of visits, and any acts of parents that can characterize their parental behavior toward the child. To this end, the institution is obliged to keep a strict record of the visits and the facts.
Article 2 Request for the Declaration of abandonment shall be addressed to the County Court or, where appropriate, of the municipality of Bucharest within which the headquarters of the institution of the place of residence of the individual protection fold which has been entrusted with the task of caring for the child.
The appeal court will be made by the management of the institution where the child is left or the Prosecutor, within 3 months from the date of fulfillment of the term of 6 months when parents have ceased contacts with the child within the meaning set forth in art. 1 (1). 2. An application for a declaration of abandonment will annex by the social survey tutelara competence with regard to the conditions of parental child, abandonarii, psihofizica, training and education of the child, the conditions and manner of their improvement, as well as any other interesînd data growth, training and education of the child. In the investigation of social tutelara authority will opine in connection with his position against an application for a judicial declaration of abandonment.
Attendance of parents, the guardianship authorities and the persons referred to in art. 3 is mandatory.
Participation of the Prosecutor in the proceedings is mandatory.
Article 3 in the case of children in institutions; 1 abandonment will not be declared if, within the period of 6 months during the judging process times, relative up to grade IV including asking to be entrusted with the child towards growth and education, and the request is assessed as being in the best interests of the child.
The child who has reached the age of 10 years will be heard by the Court.
Article 4 in the case of the Declaration of abandonment, the Court will delegate the exercise of parental rights to the institution of social protection or health state or private institution uncountable times, where appropriate, to another person, in accordance with the law.
The judgment is subject to appeal as provided by law.
Article 5 For the children on the date of entry into force of this law lies in ocrotiri social institutions or State medical leave for parents for more than six months, the date of referral to the Court, pursuant to article. 2 (2). 2, can be done immediately.
Article 6 the Court jurisdiction may decide at any time, at the request of one or both parents exercise parental rights, if they have ceased circumstances that led to the Declaration of abandonment and exercise these rights if playback is in the best interests of the child.
The provisions of the preceding paragraph shall not apply where the child has been adopted in accordance with the law.
Article 7 Constitutes contravention and shall be sanctioned with a fine of from 50,000 to 300,000 lei fulfilment by the leadership of the institutions which take care of the children the obligation laid down in article 21. 1 (1). 3 and art. 2 (2). 2. a finding of violations and imposition of fines will be carried out by staff with specific powers for the control of the central or local body to which the institution is situated or the health of social protection.
Article 8 this Act comes into force on the date of publication in the Official Gazette of Romania.
Article 9 Any provisions contrary to this law are hereby repealed.
This law was adopted by the Chamber of deputies at its meeting of 22 June 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE this law was adopted by the Senate at its meeting of 22 June 1993, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. OLIVIU GHERMAN — — — — — — — — — — — — —