Law No. 87 Of 28 April 1998 On Approval Of The Government Emergency Ordinance Nr. 25/1997 On Adoption

Original Language Title:  LEGE nr. 87 din 28 aprilie 1998 pentru aprobarea Ordonanţei de urgenţă a Guvernului nr. 25/1997 cu privire la adopţie

Read the untranslated law here: https://www.global-regulation.com/law/romania/3071251/-lege-nr.-87-din-28-aprilie-1998-pentru-aprobarea-ordonanei-de-urgen-a-guvernului-nr.-25-1997-cu-privire-la-adopie.html

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Law No. 87 of 28 April 1998 on approval of the Emergency Ordinance of Government No. 25/1997 on adoption published in Parliament ISSUING the OFFICIAL GAZETTE nr. 168 of 29 April 1998, the Romanian Parliament adopts this law.


The sole article approving Government Emergency Ordinance nr. 25 of June 9, 1997 with regard to adoption, as published in the Official Gazette of Romania, part I, no. 120 of 12 June 1997, with the following modifications: 1. the title of the Ordinance shall read as follows: "Emergency Ordinance concerning the legal status of adoption" 2. In article 9, paragraphs (2) and (3) shall read as follows: "(2) the laws concerning the protection of children in difficult situations, relating to the assignment of an individual child or families, are applicable.

(3) the Commission for child protection may entrust the child for the purposes of adoption and of a person or family who does not have Romanian citizenship, but who reside in the territory of Romania for at least 6 months and meets the other conditions provided for by this Ordinance and by the law of the country whose citizen is the adopter. "
  

3. In article 9, paragraph 8 shall read as follows: "(8) where a person or a family of Romanian citizenship and a person or a family of foreign nationality with a view to entrusting the skies of adoption, of the same child, whether the child can the person or family of Romanian citizenship will be considered as a priority by the Commission for child protection."
4. In article 11, paragraph (1) shall read as follows: Art. 11. — (1) applications of individuals or families living or residing within the territory of Romania, who wish to adopt, will be forwarded to the Committee for Adoption within 5 days after issuing the attestation referred to in article 1. 6, only through specialized public services under child protection committees or private organisations the Romanian authorized. "
5. In article 12, paragraphs (3) and (4) shall read as follows: "(3) within 60 days of the communication of data provided for in paragraph 1. (2) child protection committees, will convey the demands of individuals or families corresponding attestations and wanting to entrust those children for the purpose of adoption.

(4) If there are no requests regarding child custody for the purpose of adoption, or if the application for child custody for the purpose of adoption was not approved, Romanian Adoptions Committee will assign the task of identifying a suitable for the child, a specialized public service or a private body English. "
  

6. Articles 15 and 16 shall become article 15, with the following content: "Art. 15. — (1) the causes relating to adoption are judge on the first court of the Tribunal in whose territorial RADIUS is found the child's home.

(2) Causes for judging which one can determine the competence of the Court, pursuant to paragraph 1. (1) the Tribunal shall judge, Bucharest.
  

(3) the judgments given in causes involving the adoption shall be subject to appeal. The Court's competence to judge the appeal is the Court of appeal. "
  

7. In article 18, paragraph (2) shall read as follows: "(2) the Prosecution of the application is done with the attendance of the Commission for child protection who has endorsed favorable adoption, which represents child, person or family who wishes to adopt, the Romanian Committee for Adoptions and with the participation of the Prosecutor."
8. In article 21, paragraph (3) shall read as follows: "(3) it is prohibited marriage between adopted and natural relatives, according to the law. Specialized public services for child protection, as well as civil officers shall ensure compliance with this provision. "
9. In article 27, paragraph (1) shall read as follows: Art. 27. — (1) on the day of its publication in the Official Gazette of this emergency Ordinance be repealed:-Law No. 11/1990 concerning adoption, as amended by law No. 48/1991 and law No. 65/1995 and republished in the Official Gazette of Romania, part I, no. 159 of 24 July 1995;
Chapter III-lt; Lt; Adopting a gt; GT; of title II of the family code;
-any other provisions to the contrary. "
10. Throughout the Emergency Ordinance, the Romanian State becomes Romania.
This law was adopted by the Chamber of deputies at its meeting on 23 March 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES, this law was adopted by the Senate at its meeting on 30 March 1998, in compliance with the provisions of art. 74 para. (1) of the Constitution of Romania.
p. RADU VASILE, SENATE CHAIRMAN — — — — — — — — —