Do you want to adopt a child in Romania? Are you curious about the procedure and what steps you need to take?
Find out more below!
What is the adoption procedure in Romania?
Adoption is a legal operation where a link is created between the one who adopts (adopter) and the one who is adopted, from the perspective of the emergence of filial ties, but also of kinship, if we refer to the adopter’s relatives.
Of course, through adoption, the legislator is interested in ensuring in the family home the necessary support for raising and educating the child, in an inclusive context that respects the child’s best interest. Thus, the process considers a thorough analysis of the framework in which the child will develop in order to ensure the necessary resources for physical and mental development, and the family must respect the moral guarantees and material conditions from this perspective. The adopter will have the same rights and duties as the natural parents have towards the adopted child.
Once the process is completed, the biological parents and their relatives can no longer consider themselves related to the adopted person and any descendants of the adopted person.
Up to what age can a child be adopted?
In principle, the child can be adopted until it reaches full exercise capacity, that is, up to the age of 18, but not including. However, there is an exception to this rule, when the adopted person was raised during the minority by the adopting persons, even after reaching the age of 18.
Who can adopt?
Those who have full exercise capacity and do not suffer from mental illness and mental disability can be considered fit to adopt. Also, same-sex couples cannot adopt together at this time. It is useful to note that only husband and wife can adopt simultaneously, otherwise, two people cannot adopt in this way if they do not fit the above-mentioned assumption.
However, there is a limitation in terms of age that the adopter should be relative to the age of the adoptee. Thus, he must be at least 18 years older than the adopted one, but the court can also approve an age difference of 16 years.
Who must consent to the adoption?
- Natural parents (or guardian, if parents are deceased, unknown, declared dead, missing or placed under prohibition)
- The adopted, if he has turned 10 years old (per a contrario, if he has not turned 10 years old, his consent will not be requested)
- The person or persons adopting (if we are discussing spouses adopting together)
- Spouse of the person adopting (if they do not adopt together)
Is there a time limit for consent to adoption?
Yes, natural parents or guardians can only provide it if 60 days have passed since the birth of the child. At the same time, it can be revoked within 30 days from the date of its expression. The court can decide to overrule a possible refusal only if it is proven that it is abusive and the adoption is in the best interest of the child.
Since when does the adoption procedure produce effects?
From the date the court decision became final.
Thus, we cannot consider at any previous time that the adoption is finalized.
What name will the adopted person receive?
The adoptee will receive the surname of the adopter.
If the spouses have a common name, it will be kept, and if not, it will be decided which name remains. And the first name can be changed, for good reasons and with the consent of the child who has turned 10 years old.
Can an adoption be terminated?
There are several hypotheses. The adoption may terminate by dissolution or as a result of its annulment or finding of its nullity.
By dissolution, we mean that the adoption ends if the adopters have died or if it is necessary to impose a measure of protection against the adoptee. However, even the adopted can make a request for redemption if the adopter(s) have been guilty of possible criminal acts, under certain conditions. The reciprocal is valid, in the sense that the adopters can make a request in this sense.
By annulment, we refer to the situation where the persons who had to give their consent at the conclusion of the adoption had it, in fact, vitiated by mistake about the identity of the adopter, fraud or violence.
By absolute nullity, we mean fictitious adoptions or those concluded in violation of certain conditions.
What happens if the adoption ends?
With the termination of the adoption, the rights and duties of the natural parents, as a rule, also come back into force.
The family name will be regained (including the first name), but the court will decide whether it is in his best interest to keep it.
If you would like to address more questions or if you need a legal consultation, you can contact us at office@rrpb.ro or by accessing our site www.rrpb.ro for more information.
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