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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Law No. 11 of 31 July 1990 * Republished concerning adoption published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 159 of 24 July 1995 Note *) Republished pursuant to art. III of law No. 65 of 22 June 1995, published in the Official Gazette of Romania, part I, no. 128 of 27 June 1995, Rosca articles a new numbering.

Law No. 11/1990 was published in the Official Gazette of Romania, part I, no. 95 of 1 august 1990 and was also republished in the Official Gazette of Romania, part I, no. 159 dated 26 July 1991.

Article 1 adoption is a matter for the courts.
Request for adoption is entered at the Court within which reside at which adoption.
Application for adoption of a child from parents left unknown, or that for any other cause, are in the care of a healthcare institution, enter the Court within which is located the headquarters of the healthcare institution.
Application for adoption by a stranger or a Romanian citizen residing overseas residence times is inserted before the Court within which reside in the one to be adopted.
Where the one to be adopted is domiciled or Romanian citizen residing overseas, application to the Court is a matter for Romanian Bucharest Tribunal.

Article 2 for the purposes of supervision and support actions for the protection of minors through the adoption and implementation of international cooperation in this matter, shall be established as an organ of the Government, the Romanian Committee for Adoptions.
Romanian Adoptions Committee collaborates with foreign central authorities which have powers in the field of protection of children and international adoptions, as well as with organizations authorized by them, in any matter of mutual interest in the field of adoption.

Article 3 Aliens or Romanian citizens domiciled or resident abroad can only adopt children in obvious Roman adoption Committee which have not been adopted in the country or only in the range of at least 6 months of taking.
The provisions of the preceding paragraph are exempted husband who adopt the child of the other spouse, the adopters who are relatives up to the fourth degree inclusive with one of the minor's parents or adopt the major persons, pursuant to article. 67 of the family code.
The purpose of custody for adoption, child care institutions are obliged to transmit to the Committee for Adoption book-keeping children in care.

Article 4 Aliens or Romanian citizens domiciled or resident abroad, who wish to adopt children in the book-keeping referred to in art. 3, will address the Committee for Adoptions solely by central authority works in their State in the field of protection of children and cooperation of international adoption or, in the absence of such authority, through adoption of legally established in their countries, with which the Romanian Adoptions Committee has concluded cooperation agreements.
The application, together with the acts referred to in article 1. 5, will be forwarded to the Committee for Adoption, for resolution, the competent court, within 18 months of registration.
Except as provided for in art. 3 paragraphs 1 and 2. 2, is international adoption of children cut off from family.

Article 5 application for adoption shall attach the following documents: acts of psychical integrity):-birth certificate, certified copy;
-birth certificates and, if applicable, marriage or death of the parents, the natural minor you certified copy;
-notarized statement consent to adoption, the natural parent or parents, guardian or legal ocrotitorii, or, where appropriate, the opinion of the guardianship;
-medical certificate concerning the minor's State of health, issued, as appropriate, of the County, municipal polyclinic or sector;
-confirmation of the Romanian Committee for Adoptions, in the case of international adoption, as the minor was in obvious referred to in art. 3 and that there are safeguards to ensure that the minor to reside in between and to the State of delivery, as well as for tracking his evolution after adoption.

b) Acts concerning adopters:-certified statement in which the adopters to indicate whether the adoption is made with full effects or effects are restricted;
-certificates of birth and marriage, the certified copy;
-certificates on the criminal antecedents;
-health certificates;
-a document issued by the competent foreign authorities, indicating that they may adopt, in accordance with the laws of the respective country;
social survey carried out by the competent foreign authorities from adopters in which to show their opinion regarding the adoption.

Article 6 the Court adjudicates the request for adoption in the Council Chamber, consisting of 2 full judges, with substantive conditions provided by law.
Prosecution of the application is done with the attendance of those referred to in article 1. 70 of the family code and the guardianship authorities, and with the participation of the Prosecutor. In the case of international adoption, it will be cited and the Committee for Adoptions.
The Court may administer any sample admitted by law.
Conducting social survey is mandatory. In the case provided for in article 4. 1 (1). 4, social investigation is made by the county or municipality.

Article 7 if the adopter or the one to be adopted is alien, each is subjected to, in terms of the substantive conditions for adoption, its national law, if a foreign law does not violate public policy by private international law.

Article 8 where a child for adoption is required under the tutelage of implementation, but this has not yet been established, the Court will adopt incuviinta with the opinion of the competent guardianship authorities drew up a social investigation.
In the cases provided for by art. 109 of the family code, when the child was in a care institution or in a medical-sanitary unit, a request for revocation of the parent of parental rights can be made and the leadership of the institution or the unit.
In the case of children in an institution for the protection and, where appropriate, in a medical-sanitary unit, parents may declare in writing in form, as I agree that, after 6 months from the date of the Declaration, to be adopted by the person chosen by the Committee for Adoption, without the need for a new consent of their adoption.

Article 9 In accordance with the law, those who justify a legitimate interest may arise regarding the adoption process.

Article 10 the Court will rule on the request for approval of adoption by decision, taking into account that the minor to be eligible for the foreign country of the guarantees and norms equivalent to those existing in the case of national adoption.
The judgment referred to in paragraph 1. 1 is subject to appeal under the conditions and within the limits laid down by the code of civil procedure.
In the cases provided for by art. 1 (1). 4, the new act of birth of the adopted child, with all the natural effects of parentage, will be made by the City Council on which he has his domicile or residence in the psychical integrity, and in the cases provided for by art. 1 (1). 5, by the Local Council of sector 1, Bucharest.
Adoptatului citizenship is subject to the law of nationality.

Article 11 Committee for Adoptions, with the support of the Romanian diplomatic and consular representations and other international norms accepted by horses will make the efforts necessary for the authorities or organisations of the State whose citizen adopted a Romanian child, for it to benefit from the guarantees and norms equivalent to those existing in the case of national adoption.

Article 12 the Act parent guardian or legal guardian, who claims or receives for himself or for another, money or other material benefits for the purposes of adoption of a child shall be punished with imprisonment from one to five years.
The same penalty shall be imposed on the person and the deed, in order to obtain an undue material use, facilitates the adoption of an intermediating or child.
The money, values or any other goods received are subject to, and if they are not found, the convict is obliged to pay their equivalent in money.

Article 13 Requests for adoption, pending authoritative organs at tutelara, will be forwarded to the competent authorities without delay, in accordance with the provisions of this law.
Requests for cancellation or the adoption rules of competence as those for its approval.

Article 14 the provisions laid down in chapter III of the family code is properly modify the provisions of this law.
Articles 73 and 74 of the family code, Decree nr. 137 of 23 March 1956, as well as any other provisions contrary to this law are hereby repealed.
Note: according to art. II of law No. 65/1995, applications for adoption, placed on the role of the courts, will be resolved according to the rules in force on the date of the application.

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