Standards In Matter Of International Adoption And Protection Of Minors

Original Language Title: Norme In Materia Di Adozione Internazionale E Di Protezione Dei Minori

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SAN MARINO



We the Captains Regent of the Most Serene Republic of San Marino


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on 23 April 2008.


LAW 28 April 2008 68


RULES ON INTERNATIONAL ADOPTION AND CHILD PROTECTION




CHAPTER I RULES OF THE INTERNATIONAL ADOPTION MATTERS

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TITLE OF CHILD ADOPTION adoptable ABROAD


Art.1 (Application)

1. The adoption of children habitually resident in the States parties to the Convention made
The Hague on 29 May 1993 on Protection of Children and Cooperation in Respect of International Adoption
(of the Convention on here), or, in the spirit of it and to make it worth the
procedural safeguards, have entered into bilateral agreements with the Republic, takes place
applying the articles that follow.
2. To children habitually resident in countries not covered in paragraph 1
continues to apply the law 20 July 1999 n. 83.


Art.2 (Central Authority of San Marino and Office for international adoptions)

1. Under Decree 20 September 2004 n. 120 Central Authorities San Marino is
identified in the Secretariat of State for Foreign Affairs.
2. At the Department of Foreign Affairs it has established the Office for International Adoptions with
operational support functions and relations with the public. It may request the cooperation of
Minor Service of Law 3 May 1977 n. 21. 3
. The State Congress on the proposal of the Secretary of State for Foreign Affairs, approves
forms and operating protocols.

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Art.3 (Amendments to the Act 20 July 1999 n. 83)

1. Article 2 of the Law of 20 July 1999 n. 83 is amended after paragraph 1:
"2. The eligibility for adoption is declared by the judicial authorities competent
prior assessment that candidates possess the requirements of Article 62 of Law 26 April 1986 n
. 49, and following the acquisition of a Minor Service report assessing
of their ability to meet the specific needs of international adoption, as well
indications of the characteristics and the number of children that they could accommodate, and every
other useful information. 3
. The declaration must mention the existence of the requirements of the Law 26 April 1986 n
. 49 and indicate the maximum number of children whose eligibility is related to the adoption.
It must precede the issue of the foreign decision on the adoption or custody for adoption
and the entry of the child or children in the Republic of San Marino.
4. The eligibility for adoption lapses after three years from the notification to the moments of the decree
declarative, but it can be requested again. If the adoption procedure is initiated before
suitability of decadence, this lasts until the end of the procedure, unless measure
revocation.
5. The judge, upon recommendation of the Minor Service or ex officio, may, for cause serious accidents
, after consultation with the appropriate declared a person or couple and taken all appropriate information,
revoke the suitability statement with motivated decree. The withdrawal, which took effect for failure
claim term or because the judge, recognizing grounds of urgency, it has prepared the effectiveness immediate
precludes the promotion and continuation of international adoption procedure.
6. Against the decree that denies or revokes the suitability is given complaint to the Judge of Civil Appeal
by application lodged at the Registry of the Judge of First Instance within a deadline of ten days from the decree
communication. The file shall be immediately forwarded to the Judge of Appeal
fixing the hearing in chambers within thirty days. The decision, succinctly
justified, shall be filed within ten days from the hearing, irreclamabile and immediately effective.
The acts are immediately returned to the Judge of First Instance.
7. become final, the revocation is communicated without delay by the judge
Central Sammarinese Authority, which must: transmit immediately inform the Central Authority foreign
I've posted the question of adoption, as well as to the consular post of | || Republic in that State; immediately revoke the authorizations to the prospective adoptive
also to the effects of richiedibili activities to authorized entities. ".

2. After Article 2 of the Law of 20 July 1999 n. 83 is added to the following article:

"Art. 2a
(Unlawful presence in the state of a child adoptable abroad or still in a state of abandonment
abroad)

In respect of the child adoptable abroad or abroad resulting in a state of neglect,
that without legal title is in the Republic, the judicial authority shall proceed in accordance with Articles 64 and following of
law 26 April 1986 n. 49 due notice of the state for
any request for repatriation. The costs for the maintenance of the child and for his repatriation
are borne by those who introduced him to the Republic. ".


Art.4 (Promotion of procedure)

1. The procedure for the adoption of children referred to in Article 1, paragraph 1 is promoted by the aspirants
adoption by subscribing to the Office for International Adoptions in an application form containing
also the assumption of ' requirement, if they achieve abroad

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adoption order, to submit for one year, with effect from the entrance of the child to
State, to the Minor Service supervision on how to proceed on its inclusion in the family.
The application is inadmissible where the parties attached:
1) certified copy of the declaration of eligibility unless deprived;
2) certified copy of the social relationship of the Minor Service, in the previous article, in his
time gained by the court;
3) translation of the above in the language indicated by the Central Authority which they intend
contact, sworn before a public body.
2. The Office warns those concerned that, if it is delivered to their adoption a minor
abroad, will have a duty to take care of its transfer by the sending State in accordance with its
dignity and sensitivity, even accompanying him on the journey .


Art.5 (procedure performed through the Central Authorities)

1. The Central Authority of San Marino shall forward the application for adoption and the Annexes referred to in Article 4
Central State Authority indicated by moments,
declaring its readiness to receive and transmit, also through the Internet, each
act and information necessary to the continuation of the procedure.
2. The Central Authority Sammarinese communicate to his consular representative at the
State referred to in paragraph 1 of the details of the request, asking them to take steps to have
Central Authority of the same confirmation of taking charge of it. 3
. If the competent authorities propose to foreign instants the custody of a child adoptable
, with any information about his identity, adoptability, social background, health status and the right evolutionary
Article 16, paragraph 1, letter ) of the Convention, the Office for
international adoptions convene the above to examine the proposal in relation to their suitability
adoption and actual motivation, present a member of the Minor Service as well as, at the request of
concerned, a representative of the voluntary association committed in the field.
Of the interview is drawn up summary minutes.
4. The acceptance of the proposal must include an act of commitment of the applicants to meet
the minor in the manner established by the competent authority in the home State, and must be
signed by them and countersigned by the representative of ' Office.
5. The Central Authority of San Marino, if the proposal accepted corresponds suitability of
moments adoption held in the relevant decree of the judge inform the foreign Central Authority
with the fastest official time and asking her to communicate place of encounter with the younger
where the moments are committed. also warns the foreign Central Authority that if the outcome of the meeting
instants expressed the will to continue the procedure to adopt the child and
it agrees, the same correlation must be understood as expressed by it Central Authority | || San Marino, adding that the child, once adopted, will have the right to enter and reside permanently in the Republic
.


Art.6 (Activities directly remedies available by instants)

1. The moments that the Office for international adoptions demonstrate sufficient understanding of the procedural mechanism
track in Articles 16 and 17 of the Convention, may be authorized by the Authority
Central San Marino to deal with the administration, using, as far as possible, | || intervention of accredited bodies provided for in Article 7, or making them the following activities:
1) make direct contact with the Central Authority of the State of their choice;
2) produce the documents referred to in Article 4;

3) receive the proposal to custody of a child adoptable with any information in writing
on it and accept it;
4) meet with this child as determined by the competent authority;

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5) receive foreign Central Authority the act of agreement on further
procedure and annexed, the act or the birth certificate of the child.
2. The petitioners may request authorization fitted to the consular post of
Republic of San Marino in the home state of the child the necessary assistance and to transmit to the Authority
Central San Marino in the most expeditious manner the documents received under paragraph 1. 3
. The Central Authority of San Marino, received from interested parties, or Marino consulate, or
directly to the Central Authority of the State of the child's home state the act of correlation of this
to continue the procedure, the identification note of the child and the information on it, confirming that
promises adoption corresponding suitability of candidates declared by the judge and
interests of the child, the Central Authority shall provide the other with the quickest Official the
own concordance, giving assurance that ended the procedure abroad, the lesser will
right to enter and reside permanently in the territory of the Republic.
4. The authorization provided for in paragraph 1 may also be requested when, after eight months of
promotion procedure at the Office for international adoptions, it
carried out according to Article 5, the state is totally fruitless. In requesting the authorization, the moments must
sign a waiver to the activities undertaken by the Authority in accordance with Central Sammarinese Article 5.



Art.7 (Authorized Agencies)

1. As required by Article 3 of Law 20 July 1999 n. 83 remain stationary skills
organizations, either San Marino or foreign, that the Congress of State, after consultation with the
references the Secretary of State for Justice and the Secretary of State for Foreign Affairs, defines, with || | own resolution, authorized for the purpose of the practices inherent in the adoption.
2. The Central Authority of San Marino, recalling the collaboration of
Central Authority under the Convention, and the Convention of friendship and good neighborhood of 31 March
1939, will negotiate an agreement with the Commission for International Adoptions, at the
Presidency of the Council of Ministers of Italy, so that prospective adoptive parents habitually resident
in the Republic of San Marino give assignment to authorized entities under Italian law in force to carry out the activities specially planned
, also dealing the clarification referred to in paragraph 3 of this Article
, and altogether that is:
- provide the competent authorities of the country indicated by the interested parties, provided that the entity in it
is authorized by that Commission to work, the adoption application, together with
decree of eligibility with the attached report, so that the foreign authorities to formulate the proposed meeting
among the aspirants and the child to be adopted;
- Collect the foreign Central Authority proposed meeting between the prospective parents and the child
adopt, taking care that it is accompanied by information about the health and experiences of
life of the child, as well as news around his family of origin;
- The proposal to transfer the information and the information above to the adoptive parents, assisting them
in all activities to be carried out in the foreign country;
- To receive the written consent of the prospective adoptive parents to the meeting with the child,
authenticate the signatures and transmit the deed of consent to the foreign authority proposer;
- Receiving foreign authority a statement of the conditions of Article 4 of the Convention
, agreeing with the same, as they fulfill the requirements, the opportunity to
to adopt and, where required State of origin, to approve the decision to place the child
or the children with prospective adoptive parents. 3
. The organization that manifest correlation with the foreign authorities on whether to do
adoption will clarify, endorsed by act written by the same authority, that the correlation is
conditional on ratification of the Central Authority of San Marino, which it must transmit without delay
the act of a foreign Central Authority correlation, containing the identification of the child
, and the act of clarification endorsed by it.
4. The prospective adoptive parents can use this procedure if they have authorization

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provided for in Article 6, paragraph 1, first part. The provisions of Article 6, paragraph 4 on the assumption that

Authorization is requested after the start of the procedure carried out in accordance with Article 5.



Art.8 (Ratification of the agreement on the adoption expressed by an authorized organization)

1. The Central Authority of San Marino, received the acts referred to in Article 7, paragraph 3, verification,
before ratifying the agreement on whether to proceed with the adoption, this corresponds
suitability assumed by the court in the aspirants; then proceeds in accordance with Article 6, paragraph 3.

2. Organizations authorized to carry out the practices of the establishment provided for in Article 3 of Law
20 July 1999 n. 83 can provide moments
authorized under Article 6, paragraph 1 of this Act the benefits provided for in Article 7, paragraph 2, taking care
clarification referred to in paragraph 3 in the same manner, and
same legal effect as if the practice is undertaken in one of the States mentioned in Article 1, paragraph 1. in this case applies
paragraph 1 of this Article.



Art.9 (Effectiveness adoption finalized abroad)

1. The adoption finalized in a State referred to in Article 1, paragraph 1 is automatically effective as of right
, in accordance with Article 23, paragraph 1 of the Convention, if certified
conform to it by the competent authorities the State in which it took place.
2. The adopted child abroad in accordance with paragraph 1 has the right of entry and residence permanent
in the Republic, and acquires the nationality of the adopters. 3
. The adoption referred to in paragraph 1 shall result in parent-child relationship with the adoptive parents adoptee,
except in the case referred to in Article 10.


Art.10 (Convertibility adoption not full)

1. Adopting that the State of origin does not produce binding legal termination of existing
between the parents and the minor may, in the interest of it, be converted by the court for adoption
full and productive of such termination if they are It has been lent the consents referred to in Article 4
letters c) and d) of the Convention.
2. If you do not give rise to the provisions in paragraph 1, the adopted child does not acquire the status of
of the adopters; nevertheless buys the rights of maintenance, education, education that
Article 31 of the Law 26 April 1986 n. 49, and the family-legal situation in the
son according to Title VIII of that law and the right of inheritance of San Marino. He assumes and
transmits the surname of, or husband if adopted by spouses;
acquires the citizenship of the adoptive parents, the right to enter and reside permanently in the Republic.


Art.11 (Visa for transit of the minor in Italian territory)

1. The Secretariat of State for Foreign Affairs, received by the adopters or by the foreign
documentation of foreign order, is activated through the relevant diplomatic channels
for obtaining the visa for the child on the transit
Italian territory at the Italian Embassy in San Marino.



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Art.12 (the Minor Service Interventions)

1. Occurred the entrance of the child in the territory of the Republic, the adopters are required to inform without delay the
Minor service that, in addition to exercising the supervision referred to in Article 4
, performs work of council and support for the most appropriate material and moral assistance
of the child and the family and social integration. If it finds behavior of defaulting
adoptive parents, or inadequate, or otherwise prejudicial to him, the Service refers to
judge for any action on their power.


Art.13 (Reliance abroad for adoption)

1. If abroad is not pronounced the adoption, but ordered the custody of the child to
for adoption in the receiving State, the provisions of Article 5 of Law No. 1999. 83.
foster parents have the obligation to inform without delay the Law Commissioner which Juvenile Judge
informing about the lower inlet in the State, and the competent authority to issue the residence permit for
the time necessary to the definition of the procedure.


Art.14 (transcription in the registers of Civil Status)

1. Adopters must the act or
birth certificate of the child issued abroad or equivalent document as soon as possible submit to the state official, the measure
adoption and the certificate of its compliance with the Convention if contained in a separate document, attaching
translation thereof in Italian, endorsed as conforming to the original by the diplomatic or consular
San Marino performed if the State of origin, or

Sworn in front of a public body.
2. The Registrar of the translation of the transcribed or birth certificate as issued
foreign authority, even if it contains modifications of the original policy of
child if placed in the foreign adoption measure.


Art.15 (citizenship of the adopted by San Marino habitually resident abroad)

1. The San Marino citizens ordinarily resident in a State party to the Convention that there
adopt a child with certified decision in conformity with the Convention adoptee
transmit the San Marino citizenship.


Art.16 (Development Aid)

1. The State Congress on the proposal of the State Secretary for Foreign Affairs, acting as
allocation of the sum needed for those activities for international adoption, and
of an amount for the development aid of countries where adoptions are held by people
ordinarily resident in the Republic, in view of the principle, enshrined in the Convention, it is
primarily in the State of origin that it must remedy the abandonment of children.
2. The Secretary of State for Foreign Affairs reports to the foreign State and its Central Authority
availability of the Republic to contribute financially to the realization of
individual projects in favor of abandoned children, choosing among those documented to own || | diplomatic representation.



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TITLE II ADOPTION OF MINORS ABROAD adoptable DECLARED IN THE REPUBLIC


Art.17 (the child declared adoptable Adoption in the Republic of San Marino)

1. The minor stated adoptable by the judge in the Republic should, preferably, be adopted
in San Marino. In cases where the environmental situation and the social objective which is
placed the child is deemed, by a judge, prejudicial of its paramount interests, namely
if they reside or are residing in the Republic persons connected with the minor as legal relations,
blood or in fact, prior to the declaration of adoptability, the adoption must normally be made
actually presenting common cultural and social roots.
2. become final a declaration of adoptability, the Law Commissioner, which
Juvenile Judge, shall inform, following the appropriate channels, also giving information on the conditions and
characteristics of the child, the President of one or more foreign tribunals mentioned paragraph 1, asking
that couples declared fit, whose suitability appear conform to the characteristics and needs personal
to which the minor, are notified of the possibility from requesting the adoption by sending the same
Law Commissioner, certified copy of the decree declaratory of their suitability and the
local service relationship at the time transmitted to the judge. 3
. The Law Commissioner which Juvenile Judge, ordered the pre-adoptive custody in
accordance with Article 73 of the Law 26 April 1986 n. 49, delegates to the Juvenile Court of
place of residence of the couple:
1) to appoint a guardian to the child and to provide the local service supervision over pre-adoptive
reliance for the duration of a year;
2) to acquire, at the end reliance pre-adoptive, a local service report, and the
opinion of the tutor on the measure that appears in the interests of the child, then
transmitting the documents to the court in San Marino Rogante.
4. The Law Commissioner, which Juvenile Judge, received the report and opinion referred to in paragraph 3
, feel the preadottivi foster parents and the child if they are able to express themselves, he assumed his consent to the adoption if he
turned 14, has done the same place, or Provvidenti
necessary to protect him.
5. Articles 75, second and third paragraphs, and 76 to 79 of the Law 26 April 1986 n
. 49.


Art.18 (Adoption not achievable via the channels laid down in Article 17)

1. In the event which he agrees interests of the child or at least it is not possible
adoption via the channels laid down in Article 17, the Central Authority of San Marino reserves the right to accept
one of the questions to it received from another State party to the Convention
and proceed in accordance with that.
2. In this case the Law Commissioner which Juvenile Judge
briefs the Secretary of State for Health and Social Security, appointed by Decree 120 of 20 September 2004
to certify that the adoption complies with the Convention.


Art.19 (Transitional provision)

1. In proceedings, the entry into force of this Act, a minor adoptable

Living abroad have already been identified, resulting in a proposal communicated to the aspirants
adoption, or, in the case of a minor can be adopted in the Republic, is in progress
the pre-adoptive custody, continue to apply in the first case, the rules of the Law of 20 July 1999
n. 83, in the second ones on the adoption of Title VII of the Law on April 26

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1986 n. 49.
CHAPTER II

NEW RULES TO CHILD PROTECTION

Art.
20 (Amendment to the Law 26 April 1986 n. 49)

In Title VIII of Law 26 April 1986 n. 49 the following is inserted:

"Art.86 bis
(limitation of parental authority)

1. If the parent's conduct detrimental to the child is not so severe as to result in disqualification from
authority, the court shall take any convenient measure of the child,
compressing the authority of the parent primarily by requirements, including that of accepting
control interventions and support of the Minor Service.
2. If the parent fails to comply, the court favors the indirect compulsion prospettandogli
closer limitation of authority or, in more serious cases, expulsion from the minor. If for
protection of the child is necessary estrangement from his family, the judge has the placement
most appropriate by the Minor Service, which may give a mandate to manage the implementation
removal, also giving the power to require the help of the Gendarmerie. 3
. The Minors' Service, or such other person who has been empowered to manage the interest
of the child, report regularly to the court, which may at any time modify or revoke the measure
, otherwise destined to caducare age of the protected person.


Art.86 ter (Persistence of parental obligations)

1. The parent fallen from power, or whose authority has been limited
remains obligated to pay the cost for the maintenance, education, education of the child.


Art.86 quater (Security Initiative and temporary protection)

1. The measures provided for in Articles 86 and 86 bis were adopted behind the other signaling
parent, or a relative of the child or the Minor Service, assumed all relevant information, feel the
parents and the minor to d 'express itself, unless it is appropriate to grasp the signals through
Service.
2. In case of urgent necessity the court may order ex officio temporary measures
interests of the child, a month effective unless confirmed PRIOR hearings referred to in paragraph 1.
".


Art.21 (Amendments to the Criminal Code)

After Article 233 of the Criminal Code shall be inserted the following article:

"Art. 233a
(Procedure promoted or continued despite the withdrawal of the suitability adoption)

Who, despite its suitability for international adoption has been revoked, or is
decayed, promotes or continue with the procedure for international adoption, shall be punished with imprisonment

9 of First Instance
.
If the act results in a foreign adoption order or custody for the purpose of adoption
imprisonment has increased by one degree. ".


Art.22 (Amendment to Article 228 of the Criminal Code)

Article 228 of the Penal Code is amended as follows:
"Whoever joins carnally with a descending legitimate, natural, adopted, an upward
or a cognate in a straight line, with a sister or a brother, relatives, mallards or
uterine, shall be punished with imprisonment and third-degree disqualification for life from parental authority and
be a legal guardian and curator.
Under the same underlying penis anyone joins carnally with his younger
received in custody. "

Art.
23 (Repeals)

1. They are repealed all the rules and provisions contrary to this law.

Art.
24 (Entry into force)

1. This Law shall enter into force on the one hundred and eightieth day following that of its legal publication
.



Our Residence, this day of 28 April 2008/1707 dFR



THE CAPTAINS REGENT
Pink crocuses - Federico Pedini Amati





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta