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Law No. 52 Of 21 June 1996 On Ratification Of The Agreement Between Romania And The Italian Republic Concerning The Adoption Of Minors, Signed At Rome On 29 March 1995

Original Language Title:  LEGE Nr. 52 din 21 iunie 1996 pentru ratificarea Convenţiei dintre România şi Republica Italiana referitoare la adopţia minorilor, semnată la Roma la 29 martie 1995

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LEGE No. 52 of 21 June 1996 for the ratification of the Convention between Romania and the Italian Republic on the adoption of minors, signed in Rome on 29 March 1995
ISSUER PARLIAMENT
Published in OFFICIAL GAZETTE NO. 134 of June 27, 1996



The Romanian Parliament adopts this law + Article 1 The Convention between Romania and the Italian Republic on the adoption of minors, signed in Rome on 29 March 1995, is ratified. + Article 2 The Romanian Committee for Adoption shall be designated as the competent central authority to carry out the tasks established by the Convention. This law was adopted by the Senate at its meeting on March 12, 1996, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE This law was adopted by the Chamber of Deputies at its meeting on June 10, 1996, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT ION RATIU + CONVENTION between Romania and the Italian Republic concerning the adoption of minors Romania and the Italian Republic, recognizing that international adoption can sometimes present the advantage of providing a permanent family to the minor for whom a suitable family cannot be found in his home state, convinced of the need for measures to ensure that international adoptions are carried out in the best interests of the child and respect for his fundamental rights, as well as for the prevention of abduction, sale or trafficking of children, desirous to establish, for this purpose, common provisions, bilaterally, taking into account the principles recognised by the relevant international instruments and, in particular, the United Nations Convention on the Rights of the Child, concluded in New York on 20 November 1989, and the European Convention on Adoption of Children, concluded in Strasbourg on 24 April 1967, Having regard to the laws of the two Contracting States allowing international adoption, have agreed on the following provisions: + Title I Scope of the Convention + Article 1 1. This Convention shall be aimed at: a) to establish a system of cooperation between the two Contracting States, to ensure the elimination and pre-occurrence of illegal activities or profits in matters of adoption of minors; b) to ensure mutual recognition only of the adoptions carried out under this Convention. 2 2. This Convention refers only to adoptions with full effect. + Article 2 1. In the spirit of this Convention, a minor shall mean any person less than 18 years of age. The Convention also applies to those who turn 18 during the adoption procedure. 2. The minor to adopt, hereinafter referred to as adoptable, citizen of one of the two contracting states, which is located on the territory of one of them, is adopted by citizens of the other contracting state, hereinafter referred to as adopters, according to the rules established by this Convention. Provisions of para. 1 applies both to the adoptable stateless person residing in the territory of one of the two Contracting States. 3. The adopted minor loses his citizenship only as an effect of acquiring the citizenship of the other contracting state. + Article 3 1. The national law of the adoptable shall apply with regard to the powers, conditions and procedures for the finding of the minor's adoptability. To verify and establish the limits of adopters ' ability to adopt minors, the national law of each adopter will apply. 2. Procedures for the declaration of adoption capacity of adopters are in the exclusive competence of the one of the two contracting states whose citizenship they have adopters. In the case of mixed citizenship of the adopters, the power to declare their adoption capacity belongs to the contracting State in whose territory they reside. 3. Official acts relating to the minor's adoptability and adoption capacity, drawn up in accordance with the internal rules of a Contracting State, are not likely to challenge the Fund from the other Contracting State. 4. If a minor, a citizen of a contracting state, is abandoned in fact in the territory of the other contracting state, the authorities of the latter state contractor urgently take provisional protection measures, while notifying the mission diplomatic or consular office of the other contracting state. If the minor is not repatriated no later than 6 months after the date of notification, the rules on abandonment of the contracting state on whose territory the minor is located shall apply. + Title II Central authorities and bodies authorised to carry out adoption procedures + Article 4 1. In each Contracting State there shall be a central authority competent to carry out the tasks set out in this Convention. The name and its seat will be communicated to the other contracting state by diplomatic means. The designation of adoptables, for adopters selected in the other Contracting State, shall be ordered exclusively by the central authority of the contracting State of origin of the minor. 2. In the choice between various adopters, preference is given to adoptable countrymen. 3. The central authorities may delegate their functions or some of them to public or private bodies, duly authorized by the contracting state that proposes them, and accepted by the other contracting state. 4. The central authorities shall control the bodies they have favored and apply or require the competent authorities to apply the necessary measures due to the omission or violation of the rules provided for by this Convention, other conventions international or applicable laws for the protection of children. 5. The adopters, citizens of one of the two Contracting States, in carrying out the adoption procedures under this Convention, shall either address one of the bodies referred to in paragraph 3 or address directly to the central authority of their State of Citizenship, must comply with the procedures laid down in this Convention or, if they are not found therein, in their national law. + Article 5 1. Central authorities or authorized bodies, if they agree on the entrustment of one or more adoptables to the applicants, carry out the necessary procedure, according to the laws of their own contracting state, in order to reach adoption and inform each other of this procedure. 2. The central authority of the contracting state that receives the minor guarantees, according to its own national legislation, the fulfilment of all necessary actions for the recognition of adoption and informs the central authority of the home state of the minor, transmitting the relevant documentation. 3. If, during the adoption procedure, impediments arise which, taking into account the superior interest of the minor, make it impossible to recognize the adoption, the central authority that finds this impediment immediately informs the authority central to the other contracting state in order to establish, in agreement, the most appropriate measures to be taken to protect the rights of the minor. During this period, the central authority shall ensure the full protection of the minor until the definitive protection measure is applied. + Article 6 The central authorities, directly or through the authorised bodies, shall implement appropriate measures to: a) the preservation and exchange of information on the situation of the minor and the aspirants for adoption, as well as with reference to how the minor has integrated into the new family; b) the facilitation, observance and implementation of adoption procedures; c) preventing the obtaining of undue benefit from adoption and any other practice contrary to the objectives of the Convention; d) achievement and promotion, within the limits of competences, of control activities regarding adoptions; e) mutual exchange of information related to the adoptions made in accordance with this Convention. + Title III Procedures + Article 7 The adoptions considered by this Convention shall take place when: a) the central authority of the State of origin, at the conclusion of the pre-adoptive phase, has designated the minor, within the limits of his competence, to the adoption b) the central authority of the adoptable's home state has taken care that the adoption corresponds to its best interests; c) the central authority of the receiving state of the adoptable guarantees that the aspirants for adoption have been declared fit for international adoption and are the most indicated to adopt on the proposed minor; d) the competent judge has established the state of abandonment or adoptability of the minor; e) the central authority of the receiving state guarantees that the minor will be authorized to enter and reside permanently on the territory of this state. + Article 8 1. Aspirants for adoption, being in possession of the declaration that they are fit for adoption, address the request of the central authority or one of the authorized bodies of their state of citizenship. In the case of mixed citizenship, the provisions of art. 3 3 paragraph 2. 2. The central authority or the authorized body, which receives the request, shall send to the central authority of the adopter's home state all the information and documents relating to: -the identity and personal status of the adoption aspirants, including a recent photo; -their ability, moral qualities and their aptitude for adoption; -personal situation, including judicial history, family and mental health and mental health; -social and economic condition; -the motivations that urge them to adopt; -information on the minor or minors that the aspirants want to adopt. 3. All documents must be accompanied by official translations in the language of the minor's home state. + Article 9 The central authority of the State of origin of the minor or authorised bodies shall transmit to the central authority or authorized body of the other Contracting State all information relating to age, sex, physical condition, state of health and any special needs of the adoptable, which shall be deemed to be designated to applicants. + Title V Final provisions + Article 10 The recognition of an adoption cannot be refused in a Contracting State unless the adoption is manifestly contrary to its public order, taking into account the best interests of the child. + Article 11 The central authorities shall ensure that all information relating to the origin of the minor and his family is preserved, if known, in a register of adoptions, to which only authorization may be granted, within the limits set by the laws of those two Contracting States. + Article 12 Any competent authority, which finds that any provision of this Convention has not been complied with or that there is a clear risk that it will not be complied with, shall immediately inform the central authority, in order to take appropriate measures. + Article 13 This Convention shall complete the provisions of international conventions and other relevant international law rules, to which both Contracting States are parties. + Article 14 1. The duration of this Convention is indefinite. It will enter into force on the first day of the month following the last communication on the fulfilment of the formalities provided for by the laws of the two Contracting States 2. Each Contracting State may denounce the Convention by a notice addressed in writing to the other Contracting State. The denunciation shall take effect from the first day of the month following the expiry of a period of 6 months from the date of 3. The pending adoption procedures at the time of denunciation will continue according to the rules of the convention even after the maturity indicated in paragraph 2. 4. Each Contracting State may submit amendments, which shall take effect after 3 months from the date of their acceptance by the other Contracting State. For which, the plenipotentiaries of the two Contracting States signed this Convention. Concluded in Rome on 29 March 1995, in two original copies, in Romanian and Italian, both texts having the same validity. For Romania, Sabin Pop For the Italian Republic, Armando Sanguini ----------------