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 PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 134 of 27 June 1996 the Parliament of Romania adopts this law.
Article 1 shall ratify the Convention between Romania and the Italian Republic concerning the adoption of minors, signed at Rome on 29 March 1995.
Article 2 the Committee shall be appointed for Adoptions as the central authority within its competence to carry out the tasks laid down in the Convention.
This law was adopted by the Senate at its meeting on 12 March 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. RADU VASILE, SENATE CHAIRMAN this law was adopted by the Chamber of deputies at its meeting on 10 June 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES CHAIRMAN ION RATIU CONVENTION between Romania and the Italian Republic concerning the adoption of minors, and the Italian Republic Romania, recognizing that international adoption can sometimes present the advantage of providing a permanent family for which the minor cannot be found a family right in the home, convinced of the need to take measures to ensure that international adoptions are infaptuiesc in the best interests of the child and respect for his fundamental rights as well as for the prevention of kidnapping, sale or trafficking in children, eager to establish common provisions to this end, bilateral, taking into account the principles recognised by the relevant international instruments and, in particular, by the United Nations Convention on the rights of the child, concluded at New York on 20 November 1989, and by the European Convention in the field of adoption of children, done at Strasbourg on 24 April 1967 considering that the legislation of both Contracting States permit adoption, have agreed upon the following provisions: title I scope of the Convention Article 1 1. This Convention aims to: (a) establish a system) on cooperation between the two countries, to ensure the removal and retention of illegal activities or profits in terms of adoption of minors;
b) to ensure the mutual recognition of adoptions made in accordance with this Convention.
2. The present Convention refers only to adoptions effect.
Article 2 1. In the spirit of this Convention, by a minor is any person under the age of 18 years. The Convention shall apply also to those when they reached 18 years of age during the procedure of adoption.
2. The minor adopted hereafter adoptable, a citizen of one of the two Contracting States, which are located on the territory of one of them is adopted by nationals of the other Contracting State hereinafter called adopters, according to rules laid down in this Convention.
The provisions of paragraphs 1 and 2. 1 apply for stateless adoptabilul, residing in the territory of one of the two Contracting States.
3. The minor adopted does not lose citizenship than the effect of acquiring citizenship of the other Contracting State.
Article 3 1. National law applies to adoptabilului in terms of competences, the conditions and procedures for the establishment of the minor adoptabilitatii. For verifying and establishing limits ability to adopt the adopters who are minors, the national law of each adopter.
2. the procedures for the adoption of the Declaration of the capacity of the adopters are the exclusive competence of one of the two Contracting States whose nationality have the adopters. In the case of mixed nationality of the spouses, the power of adopters to declare their adoption capability belongs to the Contracting State in whose territory they reside.
3. the official documents concerning the minor and adoptabilitatea ability of adoption, prepared in accordance with the internal rules of a Contracting State, shall not be liable for any dispute over the Fund on behalf of the other Contracting State.
4. Where a minor citizen of a Contracting State, lies abandoned in fact within the territory of the other Contracting State, the authorities of this Contracting State take emergency interim measures of protection, instiintind at the same time the diplomatic mission or consular post of the other Contracting State. If the minor is not repatriated within a period not exceeding 6 months from the date of the notice, apply to the rules relating to the abandonment of the Contracting State in whose territory is situated the minor.
Title II central authorities and bodies authorised to conduct proceedings for adoption Article 4 1. Each Contracting State there is a central authority competence for implementation of the duties laid down in this Convention. The name and its location will be communicated to the other Contracting State diplomatically.
Designation of adoptable, 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 selection of various preference is granted to adopters, conationalilor adoptabilului.
3. The central authorities may delegate their functions or part of them by public or private bodies, properly authorized by the Contracting State that you propose, and accepted by the other Contracting State.
4. The central authorities shall supervise the bodies which they have favored and apply or cause the application, by the competent authorities, the measures which are necessary due to the failure or the breach of the rules laid down in this Convention, other international conventions or laws applicable to the protection of children.
5. The adopters, citizens of one of the two Contracting States, in the course of adoption procedures in accordance with this Convention, whether it is addressed to one of the bodies referred to in paragraph 3, may be made directly to the central authority of the Member State of nationality, must comply with the procedures laid down in this Convention, unless the times contained in it, in their national legislation.
Article 5 1. The central authorities or approved bodies, where they agree on the custody of one or more adoptable by applicants, carries out the procedure required, according to the laws of its own Contracting State in order to arrive at the adoption and inform each other of such proceedings.
2. the Central Authority of the Contracting State in which it receives guarantees, in accordance with its own minor national legislations, the accomplishment of all the necessary actions for the recognition of adoption and shall forthwith inform the central authority of the State of origin of the minor, conveying the relevant documentation.
3. Where, during the adoption procedure, the occuring impediments that, taking into account the best interests of the minor, make it impossible for the recognition of adoption, the central authority who find this impediment shall immediately inform the central authority of the other Contracting State for the purpose of determining by common accord, the most appropriate measures to be taken for the protection of the rights of the child. During this period, the central authority shall ensure that the total of minor pending the definitive measure of protection.
Article 6 of the Central Authorities, either directly or through approved bodies, implementing appropriate measures to: (a)) and the exchange of information on the situation of the child and the adoption of aspirantilor, and with reference to the manner in which the minor has been integrated into the new family;
(b) facilitate, observe) the putting into practice of adoption procedures;
c obtain benefits) preventing wrongful adoption-related and any other practice contrary to the objectives of the Convention;
d) building up and promoting, within the limits of its competence, control activities relating to adoptions;
e) mutual exchange of information related to adoptions made in accordance with this Convention.
Title III Procedure Article 7 of this Convention Adoptions which are deemed to take place when: (a) the central authority of the State) of origin, at the conclusion of the preadoptive phase, appointed, within the limits of its competence, aspirantilor to adoption;
b the central authority of the State) of adoptabilului has been groomed as his superior's interest in adopting corresponding thereof;
(c) the central authority of the State) the welcoming adoptabilului guarantees as to adoption have been wannabes declared fit for international adoption and are most point to adopt on the minor;
d the competent judge has determined) State of abandonment or adoptabilitate to the minor;
It's the central authority of the State) the recipient shall ensure that the minor will be authorised to reside permanently between and within the territory of that State.
Article 8 1. Wannabes to adoption, being in possession of the Declaration that are suited for adoption, the request to the central authority or one of their authorized bodies of the State of nationality. In the case of mixed nationality, applies the provisions of art. 3 paragraph 2.
2. Central Authority or approved body, which receives the request, the central authority of the State of origin of the adopter with all information and documents relating to:-the identity and status of aspirantilor to adoption, including a recent photo;
-their capacity, their moral qualities and suitability for adoption;
-personal situation, including judicial history, family status and physical and mental health;
-social and economic condition;
-motivations that induce them to adopt;
-information on the minor or minors that wannabes wanting to adopt.
3. All documents must be accompanied by translations in the language of official State of origin of the minor.
Article 9 Central Authority of the State of origin of the minor or approved bodies shall transmit to the central authority or authorized body of the other Contracting State any information relating to age, sex, physical condition, health condition and any special needs of the adoptabilului, which is believed will be assigned to applicants.
Title V final provisions Article 10 Recognition of an adoption may not be refused in a Contracting State unless the adoption is in the obvious way would be contrary to its public order, taking into account the best interests of the child.
Article 11 central authorities ensure that all information concerning the origin of the minor and his family, if known, in a register of adoptions, which can access only with authorization, within the limits established by the laws of the two Contracting States.
Article 12 the competent authority finds that it was not observed any provision of this Convention or that there are obvious risk that this not be respected, shall immediately inform the central authority for appropriate action to be taken.
Article 13 this Convention complements the provisions of international conventions and other relevant rules of international law, to which both Contracting States are parties.
Article 14 1. The duration of this Convention is indefinite. It shall enter into force on the first day of the month following the date of the last communication on the formalities laid down by the legislation of both Contracting States.
2. Either Contracting State may terminate the Convention by notification in writing addressed to the other Contracting State. The denunciation shall take effect on the first day of the month following the expiration of a period of 6 months from the date of receipt of the notification.
3. adoption procedures in progress at the time of termination shall continue according to the rules of the Convention even after the due date indicated in paragraph 2.
4. each Contracting State may submit amendments, which will take effect after 3 months from the date of acceptance by the other Contracting State.
In witness whereof, the Plenipotentiaries of the two Contracting States have signed this Convention.
Done at Rome on 29 March 1995, in two originals, in the Romanian and Italian languages, both texts having the same validity.
For Romania, Sabin Pop for Italian Republic, Armando Blood — — — — — — — — — — — — — — — —