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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

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LEGE no. 87 87 of 28 April 1998 for approval Government Emergency Ordinance no. 25/1997 on adoption
ISSUER Parliament
Published in OFFICIAL MONITOR no. 168 168 of 29 April 1998



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 25 25 of 9 June 1997 on adoption, published in the Official Gazette of Romania, Part I, no. 120 of 12 June 1997, with the following amendments: 1. The title of the ordinance shall read as follows: "" Emergency Ordinance on the legal regime of adoption " 2. In Article 9, paragraphs 2 and 3 shall read as follows: " (2) The legal provisions regarding the protection of the child in difficulty, regarding the custody of the child of a person or family, are applicable. (3) The child protection commission may entrust the child with a view to adoption and to a person or family who does not have Romanian citizenship, but who has been residing on the territory of Romania for at least 6 months and meets the other conditions provided by this emergency ordinance and by the legislation of the country of which the adopter is a citizen. " 3. In Article 9, paragraph 8 shall read as follows: "" (8) If a person or family of Romanian citizenship and a person or family of foreign citizenship ask for the custody, for adoption, of the same child, the possibility of entrusting the child to the person or to the family of citizenship the Romanian will be considered as a priority by the Committee on the Protection of the Child. " 4. In Article 11, paragraph 1 shall read as follows: "" Art. 11. -(1) The applications of persons or families residing or residing on the territory of Romania, who wish to adopt, will be transmitted to the Romanian Committee for Adoption within 5 days from the issuance of the attestation provided in art. 6, only through specialized public services subordinated to the commissions for the protection of the child or authorized Romanian private organizations. " 5. In Article 12, paragraphs 3 and 4 shall read as follows: " (3) Within 60 days from the communication of the data provided in par. (2), the child protection commissions will transmit the requests of the persons or families duly attested and who wish to be entrusted to those children for adoption. (4) If there are no requests for custody of the child for adoption or if the request for custody of the child for adoption has not been approved, the Romanian Adoption Committee will allocate the task of identifying a family, suitable for the child, a specialized public service or an authorized Romanian private body. " 6 articles 15 and 16 shall become Article 15, with the following contents: "" Art. 15. --(1) Causes regarding the consent of the adoption shall be judged in the first instance by the tribunal in whose territorial area the child's domicile is found. (2) Causes for the adjudication of which the competent court cannot determine, according to par. (1), is judged by the Bucharest Court. (3) The decisions given in cases having as object the consent of the adoption are subject to appeal. The court competent to judge the appeal is the Court of Appeal. " 7. In Article 18, paragraph 2 shall read as follows: " (2) The judgment of the application is made with the citation of the Commission for the protection of the child who endorsed the consent of the adoption, which represents the child, of the person or family who wants to adopt, of the Romanian Committee for Adoption and with . 8. In Article 21, paragraph 3 shall read as follows: " (3) Marriage is prohibited between the adopted and its natural relatives, according to the law. Specialized public services for the protection of the child, as well as civil status officers will follow compliance with this provision. " 9. In Article 27, paragraph 1 shall read as follows: "" Art. 27. -(1) On the date of publication in the Official Gazette of Romania of the present emergency ordinance shall be repealed: --Law no. 11/1990 on the consent of the adoption, amended by Law no. 48/1991 48/1991 and by Law no. 65/1995 and republished in the Official Gazette of Romania, Part I, no. 159 159 of 24 July 1995; -the provisions of Chapter III lt; lt; Adoptia 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 March 23, 1998, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU This law was adopted by the Senate at the meeting of March 30, 1998, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. p. SENATE PRESIDENT RADU VASILE ----------