Adoption of a Child

The adoption of a child is regulated by the Family Code and includes several stages and requirements that must be met. The process is designed to ensure the best interests of the child and to provide an appropriate family environment for their development.

Conditions for Adoption

 

    Adoptee:

        Only a person who has not reached the age of eighteen at the time of filing the adoption application may be adopted.

        Twins are adopted together. By exception, they may be adopted separately if they have not been able to be adopted together within six months of being registered in the information system and if their interests require it.

        Siblings are adopted together if they have an emotional connection with each other.

        The assessment of the emotional connection is performed by an expert psychologist. The Directorate for Social Assistance assists in conducting the assessment.

 

    Adopter:

        The adopter must be a capable person who is not deprived of parental rights.

 

    Age Difference:

        The adopter must be at least fifteen years older but not more than fifty years older than the adoptee. When adoption is performed simultaneously or sequentially by two spouses, and there is an age difference for one of them, such a difference is not required for the other spouse.

        An age difference is not required when a spouse adopts a child of their spouse.

        An age difference is not required for adoption by grandparents or by one of them and for adoption by a relative in the third degree of kinship.

 

    Prohibition of Adoption Among Relatives:

        Adoption is not permitted among direct relatives (grandparents) and between siblings.

        Grandparents may adopt their grandchild when the grandchild is born out of wedlock or when the parents or one of them has died. The court hears the other grandparent(s) of the adoptee.

        When grandparents on both the maternal and paternal sides request to adopt their grandchild, the court requires a statement from the Directorate for Social Assistance at the permanent address of the plaintiffs and decides the matter in light of the child’s interests.

 

    Prohibition of Adoption by Two Persons:

        No one can be adopted by two persons unless they are spouses.

        No one can be adopted a second time until the existing adoption has been terminated.

        The prohibitions do not apply to the spouse of the adopter.

 

    Additional Condition for Full Adoption:

        Full adoption is allowed when the adoptee and the adopter are registered in the information system.

        The above condition does not apply when a spouse adopts their spouse’s child, in the case of adoption by grandparents, or by one of them, and in the case of adoption by a relative in the third degree of kinship.

        The requirement for registration in the information system does not apply in the case of adoption by a guardian or custodian or from a family of relatives or close friends where the child has been placed by court order in accordance with the Child Protection Act. These individuals are investigated by the Directorate for Social Assistance at their permanent address.

 

    Permission for Registration in the National Electronic Information System for Full Adoption:

        A person wishing to adopt a child under the conditions of full adoption applies through the electronic platform (the Ministry of Labor and Social Policy creates and maintains an Electronic Platform for Applying for Adoption of Children under the conditions of full adoption, which is an integral part of the National Electronic Information System for Full Adoption) for permission to register in the information system.

        The Directorate for Social Assistance conducts a social investigation into the suitability of the person to adopt a child. When the person wishes to adopt a child with their habitual residence abroad, the Directorate for Social Assistance issues a certificate of suitability based on the social investigation.

        Registration in the information system is carried out by the Ministry of Labor and Social Policy based on an order from the director of the Directorate for Social Assistance for issuing permission to register in the information system.

        The order of the director of the Directorate for Social Assistance refusing to issue permission to register in the information system can be challenged in accordance with the Administrative Procedure Code.

        The permission is issued for a period of two years.

 

Approval for Adoption

 

    Consent for Adoption:

 

        For the adoption to take place, consent is required from:

            The adopter;

            The parents of the adoptee;

            The spouses of the adopter and the adoptee;

            The adoptee, if they have reached the age of fourteen.

            The mother’s consent can be given no earlier than 30 days after the birth.

 

        The parents of the adoptee give consent even when they are minors.

 

        Consent from the parents of the adoptee and the spouses of the adopter and the adoptee is not required if they are minors or placed under guardianship.

 

        In full adoption, the Directorate for Social Assistance explains to the individuals the consequences of allowing the adoption before they express consent. In partial adoption, the explanation is given by the court.

 

        Individuals present a declaration with a notarized signature that their consent is not linked to any material benefit.

 

    Opinion on Adoption:

        The adoptee, if not yet fourteen years old, is heard by the court in accordance with the Child Protection Act.

        Opinions on adoption are provided by: 1. the guardian or custodian; 2. the parents if they are minors, placed under limited guardianship, or deprived of parental rights; 3. the spouses of the adopter and the adoptee, if they are placed under limited guardianship.

 

    Form of Consent and Opinion:

 

    The consent and opinion of the individuals can be given before the court in person, by declaration with a notarized signature, or through a special proxy. The court may call and hear some of these individuals personally if deemed necessary.

    The adoptee gives their consent in person before the court.

    In full adoption, when the parent gives their opinion in person, they and the adopter are heard in separate hearings, except in cases where...

    The written consent from the parents of the adoptee in cases of full adoption is given with a declaration in a specific form.

 

    Withdrawal of Previously Given Consent:

 

    The parent may withdraw their previously given consent for full adoption with a statement and notarized signature before filing the adoption application or before giving consent for adoption from the council for international adoption. The application is submitted to the Directorate for Social Assistance with a copy to the regional directorate for social assistance.

 

    Adoption Without Parental Consent:

 

    Adoption without parental consent is permitted when the parent is not providing care for the child and does not provide support or raises and educates the child in a manner harmful to their development.

    Adoption without parental consent is allowed when the child is placed in a social or integrated health-social service for residential care or a foster family, and the parent has not requested the termination of the placement and the return of the child or a change of measure and placement in a relative’s or close family’s home within six months of the date of placement without good reason, according to the Child Protection Act.

    Adoption without parental consent is also allowed when the parent has requested the termination of the placement and the return of the child or a change of measure and placement in a relative’s or close family’s home within six months, but the conditions have not been fulfilled due to a lack of cooperation from the parents, the grounds under Art. 25, para. 1, items 2, 3, or 4 of the Child Protection Act have not been removed, or there is no family of relatives or close friends who has expressed consent under the Child Protection Act.

    The parent is summoned to be heard by the court.

 

Effect of Adoption

 

    Types of Adoption:

 

    Adoption can be full or partial.

    Adoption is always full:

        When the adoptee is a child of unknown parents;

        When the parents have given prior consent for full adoption;

        In other cases, adoption may be full or partial. The type is determined by the individuals whose consent is required.

 

    Full Adoption:

 

    In full adoption, rights and obligations arise between the adoptee and their descendants, on one hand, and the adopter and their relatives, on the other, similar to those between relatives by origin, while the rights and obligations between the adoptee and their descendants with their relatives by origin are terminated.

    The court orders the issuance of a new birth certificate, in which the adopter is registered as a parent. The certificate is prepared by the civil status officer in the municipality, mayor's office, or district according to the permanent address of the adopter, and when there are two adopters, according to the address specified in the court decision.

 

    Partial Adoption:

 

    In partial adoption, rights and obligations arise similar to those between relatives by origin only between the adoptee and their descendants, on one hand, and the adopter, on the other, while the rights and obligations between the adoptee and their descendants with their relatives by origin are preserved. Parental rights and obligations pass to the adopter.

    The biological parents owe support if the adopter is unable to provide it. The biological parents do not inherit from the adoptee.

 

    Adoption by a Parent’s Spouse:

 

    In the case of adoption of a child by a spouse of a parent, the rights and obligations between this parent and their relatives, on one hand, and the adoptee and their descendants, on the other, are preserved.

 

    Post-Adoption Monitoring:

 

    For three years from the full adoption, the Directorate for Social Assistance at the adopter's current address monitors the upbringing of the child and the respect for their rights and legitimate interests.

    The adopters and the adoptee have the right to request the Directorate for Social Assistance to conduct an investigation to establish whether the child’s rights and legitimate interests are being respected.

 

Conclusion

 

Adoption is a complex legal process that aims to create a loving and stable family environment for children in need of care. All parties involved must adhere to the established legal frameworks to ensure the child's best interests are prioritized.