THE LIBRARY OF CONGRESS FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES Ivan Spikov Chief European Law Division Law Library of Congress March 1990 LL90-14THE LIBRARY OF CONGRESS FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES Ivan Spikov Chief European Law Division Law Library of Congress March 1990 LL90-14THE LIBRARY OF CONGRESS FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES Ivan Spikov Chief European Law Division Law Library of Congress March 1990 LL90-14THE LIBRARY OF CONGRESS FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES Ivan Spikov Chief European Law Division Law Library of Congress March 1990 LL90-14THE LIBRARY OF CONGRESS FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES Ivan Spikov Chief European Law Division Law Library of Congress March 1990 LL90-14CONTENTS SUMMARY 1 Ivan Sipkov BULGARIA 3 Ivan Slipkov CZECHOSLOVAKIA 5 George E. Glos HUNGARY 6 Anton Wekerle POLAND 9 Bozena Sarnecka-Crouch ROMANIA 11 Anton Wekerle USSR 13 Zigmas A. Butkus YUGOSLAVIA 14 Ivan Sipkov CONTENTS SUMMARY 1 Ivan Sipkov BULGARIA 3 Ivan Slipkov CZECHOSLOVAKIA 5 George E. Glos HUNGARY 6 Anton Wekerle POLAND 9 Bozena Sarnecka-Crouch ROMANIA 11 Anton Wekerle USSR 13 Zigmas A. Butkus YUGOSLAVIA 14 Ivan Sipkov CONTENTS SUMMARY 1 Ivan Sipkov BULGARIA 3 Ivan Slipkov CZECHOSLOVAKIA 5 George E. Glos HUNGARY 6 Anton Wekerle POLAND 9 Bozena Sarnecka-Crouch ROMANIA 11 Anton Wekerle USSR 13 Zigmas A. Butkus YUGOSLAVIA 14 Ivan Sipkov CONTENTS SUMMARY 1 Ivan Sipkov BULGARIA 3 Ivan Slipkov CZECHOSLOVAKIA 5 George E. Glos HUNGARY 6 Anton Wekerle POLAND 9 Bozena Sarnecka-Crouch ROMANIA 11 Anton Wekerle USSR 13 Zigmas A. Butkus YUGOSLAVIA 14 Ivan Sipkov CONTENTS SUMMARY 1 Ivan Sipkov BULGARIA 3 Ivan Slipkov CZECHOSLOVAKIA 5 George E. Glos HUNGARY 6 Anton Wekerle POLAND 9 Bozena Sarnecka-Crouch ROMANIA 11 Anton Wekerle USSR 13 Zigmas A. Butkus YUGOSLAVIA 14 Ivan Sipkov 1 FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES SUMMARY Cases of adoption in East European countries involving a foreign element, that is, in instances of private international law, may be categorized in general terms as follows. (1) A non-East European citizen desires to adopt a person who is a citizen of an East European state; (2) A non-East European citizen desires desires to adopt a person who has foreign citizenship but who resides in an East European state; (3) A citizen of an East European state desires to adopt a person who is a citizen of a foreign state; and (4) A citizen of an East European state desires to adopt a person who is a citizen of the same state but who resides abroad. A common feature of the laws of the East European countries is that they do not specify any special policies relating to adoption involving a foreign element. All these countries do emphasize that the welfare of the child must be the permanent consideration whenever one applies for an adoption order, and the adoption should serve the child's best interests. No East European country is a member of the following international agreements that deal with adoption: Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions of November 15, 1965, at the Hague (Recueil des Conventions, 1951-1977, p. 64).1 FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES SUMMARY Cases of adoption in East European countries involving a foreign element, that is, in instances of private international law, may be categorized in general terms as follows. (1) A non-East European citizen desires to adopt a person who is a citizen of an East European state; (2) A non-East European citizen desires desires to adopt a person who has foreign citizenship but who resides in an East European state; (3) A citizen of an East European state desires to adopt a person who is a citizen of a foreign state; and (4) A citizen of an East European state desires to adopt a person who is a citizen of the same state but who resides abroad. A common feature of the laws of the East European countries is that they do not specify any special policies relating to adoption involving a foreign element. All these countries do emphasize that the welfare of the child must be the permanent consideration whenever one applies for an adoption order, and the adoption should serve the child's best interests. No East European country is a member of the following international agreements that deal with adoption: Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions of November 15, 1965, at the Hague (Recueil des Conventions, 1951-1977, p. 64).1 FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES SUMMARY Cases of adoption in East European countries involving a foreign element, that is, in instances of private international law, may be categorized in general terms as follows. (1) A non-East European citizen desires to adopt a person who is a citizen of an East European state; (2) A non-East European citizen desires desires to adopt a person who has foreign citizenship but who resides in an East European state; (3) A citizen of an East European state desires to adopt a person who is a citizen of a foreign state; and (4) A citizen of an East European state desires to adopt a person who is a citizen of the same state but who resides abroad. A common feature of the laws of the East European countries is that they do not specify any special policies relating to adoption involving a foreign element. All these countries do emphasize that the welfare of the child must be the permanent consideration whenever one applies for an adoption order, and the adoption should serve the child's best interests. No East European country is a member of the following international agreements that deal with adoption: Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions of November 15, 1965, at the Hague (Recueil des Conventions, 1951-1977, p. 64).1 FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES SUMMARY Cases of adoption in East European countries involving a foreign element, that is, in instances of private international law, may be categorized in general terms as follows. (1) A non-East European citizen desires to adopt a person who is a citizen of an East European state; (2) A non-East European citizen desires desires to adopt a person who has foreign citizenship but who resides in an East European state; (3) A citizen of an East European state desires to adopt a person who is a citizen of a foreign state; and (4) A citizen of an East European state desires to adopt a person who is a citizen of the same state but who resides abroad. A common feature of the laws of the East European countries is that they do not specify any special policies relating to adoption involving a foreign element. All these countries do emphasize that the welfare of the child must be the permanent consideration whenever one applies for an adoption order, and the adoption should serve the child's best interests. No East European country is a member of the following international agreements that deal with adoption: Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions of November 15, 1965, at the Hague (Recueil des Conventions, 1951-1977, p. 64).1 FOREIGN ADOPTION POLICIES IN SEVERAL EAST EUROPEAN COUNTRIES SUMMARY Cases of adoption in East European countries involving a foreign element, that is, in instances of private international law, may be categorized in general terms as follows. (1) A non-East European citizen desires to adopt a person who is a citizen of an East European state; (2) A non-East European citizen desires desires to adopt a person who has foreign citizenship but who resides in an East European state; (3) A citizen of an East European state desires to adopt a person who is a citizen of a foreign state; and (4) A citizen of an East European state desires to adopt a person who is a citizen of the same state but who resides abroad. A common feature of the laws of the East European countries is that they do not specify any special policies relating to adoption involving a foreign element. All these countries do emphasize that the welfare of the child must be the permanent consideration whenever one applies for an adoption order, and the adoption should serve the child's best interests. No East European country is a member of the following international agreements that deal with adoption: Convention on Jurisdiction, Applicable Law and Recognition of Decrees Relating to Adoptions of November 15, 1965, at the Hague (Recueil des Conventions, 1951-1977, p. 64).2 European Conventions on Adoption of Children of April 24, 1967, at Strasbourg, 2 European Conventions and Agreements, 1961-1970 (Strasbourg, 1972), p. 58. Individual reports interpreting the legislation on adoption involving a foreign element, currently in force in Bulgaria, Czechoslovakia, Hungary, Poland, Romania, the USSR and Yugoslavia are attached. Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 19902 European Conventions on Adoption of Children of April 24, 1967, at Strasbourg, 2 European Conventions and Agreements, 1961-1970 (Strasbourg, 1972), p. 58. Individual reports interpreting the legislation on adoption involving a foreign element, currently in force in Bulgaria, Czechoslovakia, Hungary, Poland, Romania, the USSR and Yugoslavia are attached. Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 19902 European Conventions on Adoption of Children of April 24, 1967, at Strasbourg, 2 European Conventions and Agreements, 1961-1970 (Strasbourg, 1972), p. 58. Individual reports interpreting the legislation on adoption involving a foreign element, currently in force in Bulgaria, Czechoslovakia, Hungary, Poland, Romania, the USSR and Yugoslavia are attached. Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 19902 European Conventions on Adoption of Children of April 24, 1967, at Strasbourg, 2 European Conventions and Agreements, 1961-1970 (Strasbourg, 1972), p. 58. Individual reports interpreting the legislation on adoption involving a foreign element, currently in force in Bulgaria, Czechoslovakia, Hungary, Poland, Romania, the USSR and Yugoslavia are attached. Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 19902 European Conventions on Adoption of Children of April 24, 1967, at Strasbourg, 2 European Conventions and Agreements, 1961-1970 (Strasbourg, 1972), p. 58. Individual reports interpreting the legislation on adoption involving a foreign element, currently in force in Bulgaria, Czechoslovakia, Hungary, Poland, Romania, the USSR and Yugoslavia are attached. Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 19903 BULGARIA Adoption in Bulgaria is dealt with by the Family Code of March 22, 1968, as amended (arts. 46-58).1 Under this Code a person may be adopted only if he is below 18 years of age at the time the request for adoption was submitted. The adopter must be at least 15 years older than the adoptee and must not be one who has been deprived of parental rights. No adoption may be approved between relatives of direct line and between brothers and sisters. There is a need of consent for adoption given by the adopter, the parents of the adoptee, the spouses of the adopter and the adoptee, and finally of the adoptee if he has completed his 14th year of age. The procedure followed in case of an adoption is very strict. The request must be submitted to the people's court. Decisions are made in secret sessions after a very careful investigation and after information related to the case is assembled. The court may approve the adoption only if it is in the interest of the adoptee. The decision of the court may be appealed before the public prosecutor. The adoption may be interrupted only by the court. There are cases of adoption involving elements of private international law,2 namely: a) a Bulgarian citizen desires to adopt a Bulgarian citizen residing abroad; b) a foreign citizen desires to adopt a person of the same foreign citizenship residing in Bulgaria; c) a Bulgarian citizen desires to adopt a foreign citizen; and d) a foreign citizen desires to adopt a Bulgarian citizen. Under Bulgarian legislation now in force the solution of such cases as follows: ----- 1 Dürzhaven Vestnik, No. 23, March 22, 1968, as amended. Also Sbornik grazhdanski zakoni (Sofia, 1980), p. 68. 2 Vladimir Kutikov, Mezhdunarodno chastno pravo na N. R. Bulgariia [Private International Law of the P. R. of Bulgaria] 489 ff (3d ed. Sofia, 1976). 3 BULGARIA Adoption in Bulgaria is dealt with by the Family Code of March 22, 1968, as amended (arts. 46-58).1 Under this Code a person may be adopted only if he is below 18 years of age at the time the request for adoption was submitted. The adopter must be at least 15 years older than the adoptee and must not be one who has been deprived of parental rights. No adoption may be approved between relatives of direct line and between brothers and sisters. There is a need of consent for adoption given by the adopter, the parents of the adoptee, the spouses of the adopter and the adoptee, and finally of the adoptee if he has completed his 14th year of age. The procedure followed in case of an adoption is very strict. The request must be submitted to the people's court. Decisions are made in secret sessions after a very careful investigation and after information related to the case is assembled. The court may approve the adoption only if it is in the interest of the adoptee. The decision of the court may be appealed before the public prosecutor. The adoption may be interrupted only by the court. There are cases of adoption involving elements of private international law,2 namely: a) a Bulgarian citizen desires to adopt a Bulgarian citizen residing abroad; b) a foreign citizen desires to adopt a person of the same foreign citizenship residing in Bulgaria; c) a Bulgarian citizen desires to adopt a foreign citizen; and d) a foreign citizen desires to adopt a Bulgarian citizen. Under Bulgarian legislation now in force the solution of such cases as follows: ----- 1 Dürzhaven Vestnik, No. 23, March 22, 1968, as amended. Also Sbornik grazhdanski zakoni (Sofia, 1980), p. 68. 2 Vladimir Kutikov, Mezhdunarodno chastno pravo na N. R. Bulgariia [Private International Law of the P. R. of Bulgaria] 489 ff (3d ed. Sofia, 1976). 3 BULGARIA Adoption in Bulgaria is dealt with by the Family Code of March 22, 1968, as amended (arts. 46-58).1 Under this Code a person may be adopted only if he is below 18 years of age at the time the request for adoption was submitted. The adopter must be at least 15 years older than the adoptee and must not be one who has been deprived of parental rights. No adoption may be approved between relatives of direct line and between brothers and sisters. There is a need of consent for adoption given by the adopter, the parents of the adoptee, the spouses of the adopter and the adoptee, and finally of the adoptee if he has completed his 14th year of age. The procedure followed in case of an adoption is very strict. The request must be submitted to the people's court. Decisions are made in secret sessions after a very careful investigation and after information related to the case is assembled. The court may approve the adoption only if it is in the interest of the adoptee. The decision of the court may be appealed before the public prosecutor. The adoption may be interrupted only by the court. There are cases of adoption involving elements of private international law,2 namely: a) a Bulgarian citizen desires to adopt a Bulgarian citizen residing abroad; b) a foreign citizen desires to adopt a person of the same foreign citizenship residing in Bulgaria; c) a Bulgarian citizen desires to adopt a foreign citizen; and d) a foreign citizen desires to adopt a Bulgarian citizen. Under Bulgarian legislation now in force the solution of such cases as follows: ----- 1 Dürzhaven Vestnik, No. 23, March 22, 1968, as amended. Also Sbornik grazhdanski zakoni (Sofia, 1980), p. 68. 2 Vladimir Kutikov, Mezhdunarodno chastno pravo na N. R. Bulgariia [Private International Law of the P. R. of Bulgaria] 489 ff (3d ed. Sofia, 1976). 3 BULGARIA Adoption in Bulgaria is dealt with by the Family Code of March 22, 1968, as amended (arts. 46-58).1 Under this Code a person may be adopted only if he is below 18 years of age at the time the request for adoption was submitted. The adopter must be at least 15 years older than the adoptee and must not be one who has been deprived of parental rights. No adoption may be approved between relatives of direct line and between brothers and sisters. There is a need of consent for adoption given by the adopter, the parents of the adoptee, the spouses of the adopter and the adoptee, and finally of the adoptee if he has completed his 14th year of age. The procedure followed in case of an adoption is very strict. The request must be submitted to the people's court. Decisions are made in secret sessions after a very careful investigation and after information related to the case is assembled. The court may approve the adoption only if it is in the interest of the adoptee. The decision of the court may be appealed before the public prosecutor. The adoption may be interrupted only by the court. There are cases of adoption involving elements of private international law,2 namely: a) a Bulgarian citizen desires to adopt a Bulgarian citizen residing abroad; b) a foreign citizen desires to adopt a person of the same foreign citizenship residing in Bulgaria; c) a Bulgarian citizen desires to adopt a foreign citizen; and d) a foreign citizen desires to adopt a Bulgarian citizen. Under Bulgarian legislation now in force the solution of such cases as follows: ----- 1 Dürzhaven Vestnik, No. 23, March 22, 1968, as amended. Also Sbornik grazhdanski zakoni (Sofia, 1980), p. 68. 2 Vladimir Kutikov, Mezhdunarodno chastno pravo na N. R. Bulgariia [Private International Law of the P. R. of Bulgaria] 489 ff (3d ed. Sofia, 1976). 3 BULGARIA Adoption in Bulgaria is dealt with by the Family Code of March 22, 1968, as amended (arts. 46-58).1 Under this Code a person may be adopted only if he is below 18 years of age at the time the request for adoption was submitted. The adopter must be at least 15 years older than the adoptee and must not be one who has been deprived of parental rights. No adoption may be approved between relatives of direct line and between brothers and sisters. There is a need of consent for adoption given by the adopter, the parents of the adoptee, the spouses of the adopter and the adoptee, and finally of the adoptee if he has completed his 14th year of age. The procedure followed in case of an adoption is very strict. The request must be submitted to the people's court. Decisions are made in secret sessions after a very careful investigation and after information related to the case is assembled. The court may approve the adoption only if it is in the interest of the adoptee. The decision of the court may be appealed before the public prosecutor. The adoption may be interrupted only by the court. There are cases of adoption involving elements of private international law,2 namely: a) a Bulgarian citizen desires to adopt a Bulgarian citizen residing abroad; b) a foreign citizen desires to adopt a person of the same foreign citizenship residing in Bulgaria; c) a Bulgarian citizen desires to adopt a foreign citizen; and d) a foreign citizen desires to adopt a Bulgarian citizen. Under Bulgarian legislation now in force the solution of such cases as follows: ----- 1 Dürzhaven Vestnik, No. 23, March 22, 1968, as amended. Also Sbornik grazhdanski zakoni (Sofia, 1980), p. 68. 2 Vladimir Kutikov, Mezhdunarodno chastno pravo na N. R. Bulgariia [Private International Law of the P. R. of Bulgaria] 489 ff (3d ed. Sofia, 1976). 4 1) Adoption between persons, one of who is Bulgarian citizen, is allowed under the conditions prescribed in the Bulgarian Family Code (art. 97(1)); 2) Adoption between persons with the same foreign citizenship is allowed under the conditions specified by their national law (art. 97(2)); 3) Adoption between persons of different foreign citizenship is allowed under the conditions of the national law of the adopter (art. 97(3)). Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress February 19904 1) Adoption between persons, one of who is Bulgarian citizen, is allowed under the conditions prescribed in the Bulgarian Family Code (art. 97(1)); 2) Adoption between persons with the same foreign citizenship is allowed under the conditions specified by their national law (art. 97(2)); 3) Adoption between persons of different foreign citizenship is allowed under the conditions of the national law of the adopter (art. 97(3)). Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress February 19904 1) Adoption between persons, one of who is Bulgarian citizen, is allowed under the conditions prescribed in the Bulgarian Family Code (art. 97(1)); 2) Adoption between persons with the same foreign citizenship is allowed under the conditions specified by their national law (art. 97(2)); 3) Adoption between persons of different foreign citizenship is allowed under the conditions of the national law of the adopter (art. 97(3)). Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress February 19904 1) Adoption between persons, one of who is Bulgarian citizen, is allowed under the conditions prescribed in the Bulgarian Family Code (art. 97(1)); 2) Adoption between persons with the same foreign citizenship is allowed under the conditions specified by their national law (art. 97(2)); 3) Adoption between persons of different foreign citizenship is allowed under the conditions of the national law of the adopter (art. 97(3)). Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress February 19904 1) Adoption between persons, one of who is Bulgarian citizen, is allowed under the conditions prescribed in the Bulgarian Family Code (art. 97(1)); 2) Adoption between persons with the same foreign citizenship is allowed under the conditions specified by their national law (art. 97(2)); 3) Adoption between persons of different foreign citizenship is allowed under the conditions of the national law of the adopter (art. 97(3)). Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress February 19905 CZECHOSLOVAKIA Adoption in Czechoslovakia is governed by the Family Code of 1963 as consolidated by Law No. 66/1983 (Collection of Laws) and articles 26 and 27 of the Law on Private International Law No. 97/1963 (Collection of Laws). The Family Code is silent on adoption by foreigners. The tenor of the provisions suggests that in order to adopt a child a foreigner would have to be a resident of Czechoslovakia. Article 69 of the Family Code requires that the child to be adopted live in the family of the adopting parents for at least 3 months before a court can rule on the adoption. The consent of the legal representative of the child and that of the child itself if is able to understand the concept of adoption, is governed by Czechoslovak law in any event, and a consent of the state is required by implication. The court has absolute discretion as to the granting of the adoption and is bound to be guided by the child's best interests. The policy, as is apparent from the provisions concerning adoption, does not favor adoption by foreigners. Prepared by George E. Glos Assistant Chief European Law Division Law Library of Congress February 19905 CZECHOSLOVAKIA Adoption in Czechoslovakia is governed by the Family Code of 1963 as consolidated by Law No. 66/1983 (Collection of Laws) and articles 26 and 27 of the Law on Private International Law No. 97/1963 (Collection of Laws). The Family Code is silent on adoption by foreigners. The tenor of the provisions suggests that in order to adopt a child a foreigner would have to be a resident of Czechoslovakia. Article 69 of the Family Code requires that the child to be adopted live in the family of the adopting parents for at least 3 months before a court can rule on the adoption. The consent of the legal representative of the child and that of the child itself if is able to understand the concept of adoption, is governed by Czechoslovak law in any event, and a consent of the state is required by implication. The court has absolute discretion as to the granting of the adoption and is bound to be guided by the child's best interests. The policy, as is apparent from the provisions concerning adoption, does not favor adoption by foreigners. Prepared by George E. Glos Assistant Chief European Law Division Law Library of Congress February 19905 CZECHOSLOVAKIA Adoption in Czechoslovakia is governed by the Family Code of 1963 as consolidated by Law No. 66/1983 (Collection of Laws) and articles 26 and 27 of the Law on Private International Law No. 97/1963 (Collection of Laws). The Family Code is silent on adoption by foreigners. The tenor of the provisions suggests that in order to adopt a child a foreigner would have to be a resident of Czechoslovakia. Article 69 of the Family Code requires that the child to be adopted live in the family of the adopting parents for at least 3 months before a court can rule on the adoption. The consent of the legal representative of the child and that of the child itself if is able to understand the concept of adoption, is governed by Czechoslovak law in any event, and a consent of the state is required by implication. The court has absolute discretion as to the granting of the adoption and is bound to be guided by the child's best interests. The policy, as is apparent from the provisions concerning adoption, does not favor adoption by foreigners. Prepared by George E. Glos Assistant Chief European Law Division Law Library of Congress February 19905 CZECHOSLOVAKIA Adoption in Czechoslovakia is governed by the Family Code of 1963 as consolidated by Law No. 66/1983 (Collection of Laws) and articles 26 and 27 of the Law on Private International Law No. 97/1963 (Collection of Laws). The Family Code is silent on adoption by foreigners. The tenor of the provisions suggests that in order to adopt a child a foreigner would have to be a resident of Czechoslovakia. Article 69 of the Family Code requires that the child to be adopted live in the family of the adopting parents for at least 3 months before a court can rule on the adoption. The consent of the legal representative of the child and that of the child itself if is able to understand the concept of adoption, is governed by Czechoslovak law in any event, and a consent of the state is required by implication. The court has absolute discretion as to the granting of the adoption and is bound to be guided by the child's best interests. The policy, as is apparent from the provisions concerning adoption, does not favor adoption by foreigners. Prepared by George E. Glos Assistant Chief European Law Division Law Library of Congress February 19905 CZECHOSLOVAKIA Adoption in Czechoslovakia is governed by the Family Code of 1963 as consolidated by Law No. 66/1983 (Collection of Laws) and articles 26 and 27 of the Law on Private International Law No. 97/1963 (Collection of Laws). The Family Code is silent on adoption by foreigners. The tenor of the provisions suggests that in order to adopt a child a foreigner would have to be a resident of Czechoslovakia. Article 69 of the Family Code requires that the child to be adopted live in the family of the adopting parents for at least 3 months before a court can rule on the adoption. The consent of the legal representative of the child and that of the child itself if is able to understand the concept of adoption, is governed by Czechoslovak law in any event, and a consent of the state is required by implication. The court has absolute discretion as to the granting of the adoption and is bound to be guided by the child's best interests. The policy, as is apparent from the provisions concerning adoption, does not favor adoption by foreigners. Prepared by George E. Glos Assistant Chief European Law Division Law Library of Congress February 19906 HUNGARY Adoption in Hungary is controlled by the provisions of the Family Code, Law No. 1 of 1974, in force as of July 1, 1974, as amended (articles 46-59). (3) The major conditions for adoption are listed as follows: (1) The adopters (single or husband and wife) must be adults and in full use of their civil capacity and not be deprived of parental or public rights by virtue of a final court decree. (2) The adoptee must be a minor below the age of 18. Adoption is permitted by only one person, except by a married couple, either done simultaneously or consecutively. Each adoption must be initiated by a petition consisting of a concurrent declaration of the parties containing the following statements: (a) consent of the minor's parents, and (b) consent of the married adopter's spouse. Regarding the effects of adoption, the adoptee will acquire the status of a legitimate child of the adopter and his relatives. If the adopter is married, the child is considered to be the joint issue of both partners. In addition, the adoptee will sever all relations with his natural parents and relatives. The child will bear the family name of the adopter, except if otherwise authorized by the Guardianship Authority. -------------- 3. J. Bacsó, et al., A családjogi törvény 89-100 (Budapest, 1982). See also for comments: V. Szigligeti, et al., comp., A családjogi törvény magyarázata (Budapest, 1971). 6 HUNGARY Adoption in Hungary is controlled by the provisions of the Family Code, Law No. 1 of 1974, in force as of July 1, 1974, as amended (articles 46-59). (3) The major conditions for adoption are listed as follows: (1) The adopters (single or husband and wife) must be adults and in full use of their civil capacity and not be deprived of parental or public rights by virtue of a final court decree. (2) The adoptee must be a minor below the age of 18. Adoption is permitted by only one person, except by a married couple, either done simultaneously or consecutively. Each adoption must be initiated by a petition consisting of a concurrent declaration of the parties containing the following statements: (a) consent of the minor's parents, and (b) consent of the married adopter's spouse. Regarding the effects of adoption, the adoptee will acquire the status of a legitimate child of the adopter and his relatives. If the adopter is married, the child is considered to be the joint issue of both partners. In addition, the adoptee will sever all relations with his natural parents and relatives. The child will bear the family name of the adopter, except if otherwise authorized by the Guardianship Authority. -------------- 3. J. Bacsó, et al., A családjogi törvény 89-100 (Budapest, 1982). See also for comments: V. Szigligeti, et al., comp., A családjogi törvény magyarázata (Budapest, 1971). 6 HUNGARY Adoption in Hungary is controlled by the provisions of the Family Code, Law No. 1 of 1974, in force as of July 1, 1974, as amended (articles 46-59). (3) The major conditions for adoption are listed as follows: (1) The adopters (single or husband and wife) must be adults and in full use of their civil capacity and not be deprived of parental or public rights by virtue of a final court decree. (2) The adoptee must be a minor below the age of 18. Adoption is permitted by only one person, except by a married couple, either done simultaneously or consecutively. Each adoption must be initiated by a petition consisting of a concurrent declaration of the parties containing the following statements: (a) consent of the minor's parents, and (b) consent of the married adopter's spouse. Regarding the effects of adoption, the adoptee will acquire the status of a legitimate child of the adopter and his relatives. If the adopter is married, the child is considered to be the joint issue of both partners. In addition, the adoptee will sever all relations with his natural parents and relatives. The child will bear the family name of the adopter, except if otherwise authorized by the Guardianship Authority. -------------- 3. J. Bacsó, et al., A családjogi törvény 89-100 (Budapest, 1982). See also for comments: V. Szigligeti, et al., comp., A családjogi törvény magyarázata (Budapest, 1971). 6 HUNGARY Adoption in Hungary is controlled by the provisions of the Family Code, Law No. 1 of 1974, in force as of July 1, 1974, as amended (articles 46-59). (3) The major conditions for adoption are listed as follows: (1) The adopters (single or husband and wife) must be adults and in full use of their civil capacity and not be deprived of parental or public rights by virtue of a final court decree. (2) The adoptee must be a minor below the age of 18. Adoption is permitted by only one person, except by a married couple, either done simultaneously or consecutively. Each adoption must be initiated by a petition consisting of a concurrent declaration of the parties containing the following statements: (a) consent of the minor's parents, and (b) consent of the married adopter's spouse. Regarding the effects of adoption, the adoptee will acquire the status of a legitimate child of the adopter and his relatives. If the adopter is married, the child is considered to be the joint issue of both partners. In addition, the adoptee will sever all relations with his natural parents and relatives. The child will bear the family name of the adopter, except if otherwise authorized by the Guardianship Authority. -------------- 3. J. Bacsó, et al., A családjogi törvény 89-100 (Budapest, 1982). See also for comments: V. Szigligeti, et al., comp., A családjogi törvény magyarázata (Budapest, 1971). 6 HUNGARY Adoption in Hungary is controlled by the provisions of the Family Code, Law No. 1 of 1974, in force as of July 1, 1974, as amended (articles 46-59). (3) The major conditions for adoption are listed as follows: (1) The adopters (single or husband and wife) must be adults and in full use of their civil capacity and not be deprived of parental or public rights by virtue of a final court decree. (2) The adoptee must be a minor below the age of 18. Adoption is permitted by only one person, except by a married couple, either done simultaneously or consecutively. Each adoption must be initiated by a petition consisting of a concurrent declaration of the parties containing the following statements: (a) consent of the minor's parents, and (b) consent of the married adopter's spouse. Regarding the effects of adoption, the adoptee will acquire the status of a legitimate child of the adopter and his relatives. If the adopter is married, the child is considered to be the joint issue of both partners. In addition, the adoptee will sever all relations with his natural parents and relatives. The child will bear the family name of the adopter, except if otherwise authorized by the Guardianship Authority. -------------- 3. J. Bacsó, et al., A családjogi törvény 89-100 (Budapest, 1982). See also for comments: V. Szigligeti, et al., comp., A családjogi törvény magyarázata (Budapest, 1971). 7 With regard to Hungarian private international law, Decree-Law No. 13 of 1979 (4) as amended, provides the following: (1) Concerning the conditions of adoption, the personal status law of the adopter and the adoptee, in force at the time of the adoption, must be taken into consideration as to their application; (2) A Hungarian national can adopt a foreigner only with the approval of the Hungarian Guardianship Authority; (3) A foreign national can also adopt a Hungarian national with the approval of the Hungarian Guardianship Authority; (4) The Guardianship Authority can only authorize, that is approve, an adoption if it meets the conditions required by Hungarian law; (5) With regard to the effects of adoption, its termination and consequences thereof, the personal status law controlling adoption and its termination, in force at the time of the action, shall be applicable; (6) If the personal status law of the adopting spouses is not the same at the time of the adoption or its termination, then, with regard to their legal effects of adoption and termination (a) the last joint personal status law of the spouses shall be applicable; or, in the absence of such a law; (b) the law of that state shall be applicable on whose territory the spouses had their joint residence at the time of adoption or termination; of, in the absence of such a law; -------------- 4/ Supra note 1: J. Bacsó, 1982, pp. 178-179. 7 With regard to Hungarian private international law, Decree-Law No. 13 of 1979 (4) as amended, provides the following: (1) Concerning the conditions of adoption, the personal status law of the adopter and the adoptee, in force at the time of the adoption, must be taken into consideration as to their application; (2) A Hungarian national can adopt a foreigner only with the approval of the Hungarian Guardianship Authority; (3) A foreign national can also adopt a Hungarian national with the approval of the Hungarian Guardianship Authority; (4) The Guardianship Authority can only authorize, that is approve, an adoption if it meets the conditions required by Hungarian law; (5) With regard to the effects of adoption, its termination and consequences thereof, the personal status law controlling adoption and its termination, in force at the time of the action, shall be applicable; (6) If the personal status law of the adopting spouses is not the same at the time of the adoption or its termination, then, with regard to their legal effects of adoption and termination (a) the last joint personal status law of the spouses shall be applicable; or, in the absence of such a law; (b) the law of that state shall be applicable on whose territory the spouses had their joint residence at the time of adoption or termination; of, in the absence of such a law; -------------- 4/ Supra note 1: J. Bacsó, 1982, pp. 178-179. 7 With regard to Hungarian private international law, Decree-Law No. 13 of 1979 (4) as amended, provides the following: (1) Concerning the conditions of adoption, the personal status law of the adopter and the adoptee, in force at the time of the adoption, must be taken into consideration as to their application; (2) A Hungarian national can adopt a foreigner only with the approval of the Hungarian Guardianship Authority; (3) A foreign national can also adopt a Hungarian national with the approval of the Hungarian Guardianship Authority; (4) The Guardianship Authority can only authorize, that is approve, an adoption if it meets the conditions required by Hungarian law; (5) With regard to the effects of adoption, its termination and consequences thereof, the personal status law controlling adoption and its termination, in force at the time of the action, shall be applicable; (6) If the personal status law of the adopting spouses is not the same at the time of the adoption or its termination, then, with regard to their legal effects of adoption and termination (a) the last joint personal status law of the spouses shall be applicable; or, in the absence of such a law; (b) the law of that state shall be applicable on whose territory the spouses had their joint residence at the time of adoption or termination; of, in the absence of such a law; -------------- 4/ Supra note 1: J. Bacsó, 1982, pp. 178-179. 7 With regard to Hungarian private international law, Decree-Law No. 13 of 1979 (4) as amended, provides the following: (1) Concerning the conditions of adoption, the personal status law of the adopter and the adoptee, in force at the time of the adoption, must be taken into consideration as to their application; (2) A Hungarian national can adopt a foreigner only with the approval of the Hungarian Guardianship Authority; (3) A foreign national can also adopt a Hungarian national with the approval of the Hungarian Guardianship Authority; (4) The Guardianship Authority can only authorize, that is approve, an adoption if it meets the conditions required by Hungarian law; (5) With regard to the effects of adoption, its termination and consequences thereof, the personal status law controlling adoption and its termination, in force at the time of the action, shall be applicable; (6) If the personal status law of the adopting spouses is not the same at the time of the adoption or its termination, then, with regard to their legal effects of adoption and termination (a) the last joint personal status law of the spouses shall be applicable; or, in the absence of such a law; (b) the law of that state shall be applicable on whose territory the spouses had their joint residence at the time of adoption or termination; of, in the absence of such a law; -------------- 4/ Supra note 1: J. Bacsó, 1982, pp. 178-179. 7 With regard to Hungarian private international law, Decree-Law No. 13 of 1979 (4) as amended, provides the following: (1) Concerning the conditions of adoption, the personal status law of the adopter and the adoptee, in force at the time of the adoption, must be taken into consideration as to their application; (2) A Hungarian national can adopt a foreigner only with the approval of the Hungarian Guardianship Authority; (3) A foreign national can also adopt a Hungarian national with the approval of the Hungarian Guardianship Authority; (4) The Guardianship Authority can only authorize, that is approve, an adoption if it meets the conditions required by Hungarian law; (5) With regard to the effects of adoption, its termination and consequences thereof, the personal status law controlling adoption and its termination, in force at the time of the action, shall be applicable; (6) If the personal status law of the adopting spouses is not the same at the time of the adoption or its termination, then, with regard to their legal effects of adoption and termination (a) the last joint personal status law of the spouses shall be applicable; or, in the absence of such a law; (b) the law of that state shall be applicable on whose territory the spouses had their joint residence at the time of adoption or termination; of, in the absence of such a law; -------------- 4/ Supra note 1: J. Bacsó, 1982, pp. 178-179. 8 (c) the law of the state where court or administrative proceedings are pending on the case, shall be applicable. The adoption of a Hungarian national by a foreigner does not result in the loss of a Hungarian child's citizenship. The release must be petitioned and apparently is received with favor, if a minor was already adopted by a foreigner and if the minor is being reared abroad. One who initiates a petition for adoption must meet the following requirements. 5/ (1) to have paid his public debts, taxes, etc; (2) to have a clear police record and not be under criminal indictment; (3) to secure the approval of the Minister of Defense, if the adopter is a male between the ages of 17 and 50; (4) to have already acquired a foreign nationality or proven the likelihood of its acquisition. The latter condition is subject to the discretionary power of approval of the Presidential Council. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 1990 _______________________________________________________________ 5/ K. Besnyő, ed., A magyar állampolgársag 57-68, 105-107 (Budapest, 1982.)8 (c) the law of the state where court or administrative proceedings are pending on the case, shall be applicable. The adoption of a Hungarian national by a foreigner does not result in the loss of a Hungarian child's citizenship. The release must be petitioned and apparently is received with favor, if a minor was already adopted by a foreigner and if the minor is being reared abroad. One who initiates a petition for adoption must meet the following requirements. 5/ (1) to have paid his public debts, taxes, etc; (2) to have a clear police record and not be under criminal indictment; (3) to secure the approval of the Minister of Defense, if the adopter is a male between the ages of 17 and 50; (4) to have already acquired a foreign nationality or proven the likelihood of its acquisition. The latter condition is subject to the discretionary power of approval of the Presidential Council. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 1990 _______________________________________________________________ 5/ K. Besnyő, ed., A magyar állampolgársag 57-68, 105-107 (Budapest, 1982.)8 (c) the law of the state where court or administrative proceedings are pending on the case, shall be applicable. The adoption of a Hungarian national by a foreigner does not result in the loss of a Hungarian child's citizenship. The release must be petitioned and apparently is received with favor, if a minor was already adopted by a foreigner and if the minor is being reared abroad. One who initiates a petition for adoption must meet the following requirements. 5/ (1) to have paid his public debts, taxes, etc; (2) to have a clear police record and not be under criminal indictment; (3) to secure the approval of the Minister of Defense, if the adopter is a male between the ages of 17 and 50; (4) to have already acquired a foreign nationality or proven the likelihood of its acquisition. The latter condition is subject to the discretionary power of approval of the Presidential Council. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 1990 _______________________________________________________________ 5/ K. Besnyő, ed., A magyar állampolgársag 57-68, 105-107 (Budapest, 1982.)8 (c) the law of the state where court or administrative proceedings are pending on the case, shall be applicable. The adoption of a Hungarian national by a foreigner does not result in the loss of a Hungarian child's citizenship. The release must be petitioned and apparently is received with favor, if a minor was already adopted by a foreigner and if the minor is being reared abroad. One who initiates a petition for adoption must meet the following requirements. 5/ (1) to have paid his public debts, taxes, etc; (2) to have a clear police record and not be under criminal indictment; (3) to secure the approval of the Minister of Defense, if the adopter is a male between the ages of 17 and 50; (4) to have already acquired a foreign nationality or proven the likelihood of its acquisition. The latter condition is subject to the discretionary power of approval of the Presidential Council. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 1990 _______________________________________________________________ 5/ K. Besnyő, ed., A magyar állampolgársag 57-68, 105-107 (Budapest, 1982.)8 (c) the law of the state where court or administrative proceedings are pending on the case, shall be applicable. The adoption of a Hungarian national by a foreigner does not result in the loss of a Hungarian child's citizenship. The release must be petitioned and apparently is received with favor, if a minor was already adopted by a foreigner and if the minor is being reared abroad. One who initiates a petition for adoption must meet the following requirements. 5/ (1) to have paid his public debts, taxes, etc; (2) to have a clear police record and not be under criminal indictment; (3) to secure the approval of the Minister of Defense, if the adopter is a male between the ages of 17 and 50; (4) to have already acquired a foreign nationality or proven the likelihood of its acquisition. The latter condition is subject to the discretionary power of approval of the Presidential Council. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 1990 _______________________________________________________________ 5/ K. Besnyő, ed., A magyar állampolgársag 57-68, 105-107 (Budapest, 1982.)9 POLAND Poland does not have any special adoption policies relating to foreign adoption. Foreign and domestic adoptions are governed by the same legal rules and procedures, i.e., article 22 of the Polish Private International Law of November 12, 1965; (6) articles 114-127 of the Polish Family and Guardianship Code of February 25, 1964; (7) and articles 585-589 of the Polish Code of Civil Procedure of November 17, 1964. (8) Pursuant to article 22 of the Private International Law, adoption is governed by the law of the forum of the adopting parent. However, an adoption also has to comply with the laws of child's forum relating to the consent of the child, his guardian, or the appropriate state authority. Adoption belongs exclusively to the jurisdiction of the family court which begins its proceedings upon the application by the adopting parent. (9) Territorial jurisdiction belongs to the family court appropriate for the adopting parent or for the child. (10) The court takes the best interests of a child into consideration in its decision on adoption. (11) The adopted child and the adopting parent may petition the court for dissolution of 6 Hereinafter Private International Law, Dziennik Ustaw, hereinafter Dz.U., No. 46, item 290 (1965), as amended. 7 Hereinafter Family Code, Dz.U. No. 9, item 59 (1964), as amended. 8 Hereinafter Procedure Code, Dz.U. No. 43, item 296 (1964), as amended. 9 Art. 117, Family Code. 10 Art. 585, Procedure Code. 11 E.g., arts. 114, 118, and 119, Family Code.9 POLAND Poland does not have any special adoption policies relating to foreign adoption. Foreign and domestic adoptions are governed by the same legal rules and procedures, i.e., article 22 of the Polish Private International Law of November 12, 1965; (6) articles 114-127 of the Polish Family and Guardianship Code of February 25, 1964; (7) and articles 585-589 of the Polish Code of Civil Procedure of November 17, 1964. (8) Pursuant to article 22 of the Private International Law, adoption is governed by the law of the forum of the adopting parent. However, an adoption also has to comply with the laws of child's forum relating to the consent of the child, his guardian, or the appropriate state authority. Adoption belongs exclusively to the jurisdiction of the family court which begins its proceedings upon the application by the adopting parent. (9) Territorial jurisdiction belongs to the family court appropriate for the adopting parent or for the child. (10) The court takes the best interests of a child into consideration in its decision on adoption. (11) The adopted child and the adopting parent may petition the court for dissolution of 6 Hereinafter Private International Law, Dziennik Ustaw, hereinafter Dz.U., No. 46, item 290 (1965), as amended. 7 Hereinafter Family Code, Dz.U. No. 9, item 59 (1964), as amended. 8 Hereinafter Procedure Code, Dz.U. No. 43, item 296 (1964), as amended. 9 Art. 117, Family Code. 10 Art. 585, Procedure Code. 11 E.g., arts. 114, 118, and 119, Family Code.9 POLAND Poland does not have any special adoption policies relating to foreign adoption. Foreign and domestic adoptions are governed by the same legal rules and procedures, i.e., article 22 of the Polish Private International Law of November 12, 1965; (6) articles 114-127 of the Polish Family and Guardianship Code of February 25, 1964; (7) and articles 585-589 of the Polish Code of Civil Procedure of November 17, 1964. (8) Pursuant to article 22 of the Private International Law, adoption is governed by the law of the forum of the adopting parent. However, an adoption also has to comply with the laws of child's forum relating to the consent of the child, his guardian, or the appropriate state authority. Adoption belongs exclusively to the jurisdiction of the family court which begins its proceedings upon the application by the adopting parent. (9) Territorial jurisdiction belongs to the family court appropriate for the adopting parent or for the child. (10) The court takes the best interests of a child into consideration in its decision on adoption. (11) The adopted child and the adopting parent may petition the court for dissolution of 6 Hereinafter Private International Law, Dziennik Ustaw, hereinafter Dz.U., No. 46, item 290 (1965), as amended. 7 Hereinafter Family Code, Dz.U. No. 9, item 59 (1964), as amended. 8 Hereinafter Procedure Code, Dz.U. No. 43, item 296 (1964), as amended. 9 Art. 117, Family Code. 10 Art. 585, Procedure Code. 11 E.g., arts. 114, 118, and 119, Family Code.9 POLAND Poland does not have any special adoption policies relating to foreign adoption. Foreign and domestic adoptions are governed by the same legal rules and procedures, i.e., article 22 of the Polish Private International Law of November 12, 1965; (6) articles 114-127 of the Polish Family and Guardianship Code of February 25, 1964; (7) and articles 585-589 of the Polish Code of Civil Procedure of November 17, 1964. (8) Pursuant to article 22 of the Private International Law, adoption is governed by the law of the forum of the adopting parent. However, an adoption also has to comply with the laws of child's forum relating to the consent of the child, his guardian, or the appropriate state authority. Adoption belongs exclusively to the jurisdiction of the family court which begins its proceedings upon the application by the adopting parent. (9) Territorial jurisdiction belongs to the family court appropriate for the adopting parent or for the child. (10) The court takes the best interests of a child into consideration in its decision on adoption. (11) The adopted child and the adopting parent may petition the court for dissolution of 6 Hereinafter Private International Law, Dziennik Ustaw, hereinafter Dz.U., No. 46, item 290 (1965), as amended. 7 Hereinafter Family Code, Dz.U. No. 9, item 59 (1964), as amended. 8 Hereinafter Procedure Code, Dz.U. No. 43, item 296 (1964), as amended. 9 Art. 117, Family Code. 10 Art. 585, Procedure Code. 11 E.g., arts. 114, 118, and 119, Family Code.9 POLAND Poland does not have any special adoption policies relating to foreign adoption. Foreign and domestic adoptions are governed by the same legal rules and procedures, i.e., article 22 of the Polish Private International Law of November 12, 1965; (6) articles 114-127 of the Polish Family and Guardianship Code of February 25, 1964; (7) and articles 585-589 of the Polish Code of Civil Procedure of November 17, 1964. (8) Pursuant to article 22 of the Private International Law, adoption is governed by the law of the forum of the adopting parent. However, an adoption also has to comply with the laws of child's forum relating to the consent of the child, his guardian, or the appropriate state authority. Adoption belongs exclusively to the jurisdiction of the family court which begins its proceedings upon the application by the adopting parent. (9) Territorial jurisdiction belongs to the family court appropriate for the adopting parent or for the child. (10) The court takes the best interests of a child into consideration in its decision on adoption. (11) The adopted child and the adopting parent may petition the court for dissolution of 6 Hereinafter Private International Law, Dziennik Ustaw, hereinafter Dz.U., No. 46, item 290 (1965), as amended. 7 Hereinafter Family Code, Dz.U. No. 9, item 59 (1964), as amended. 8 Hereinafter Procedure Code, Dz.U. No. 43, item 296 (1964), as amended. 9 Art. 117, Family Code. 10 Art. 585, Procedure Code. 11 E.g., arts. 114, 118, and 119, Family Code.10 the adoption. The dissolution cannot be granted, however, if it would be against the best interests of a child. 12 Prepared by Bozena Sarnecka-Crouch Legal Specialist European Law Division Law Library of Congress February 1990 12 Art. 125, Family Code.10 the adoption. The dissolution cannot be granted, however, if it would be against the best interests of a child. 12 Prepared by Bozena Sarnecka-Crouch Legal Specialist European Law Division Law Library of Congress February 1990 12 Art. 125, Family Code.10 the adoption. The dissolution cannot be granted, however, if it would be against the best interests of a child. 12 Prepared by Bozena Sarnecka-Crouch Legal Specialist European Law Division Law Library of Congress February 1990 12 Art. 125, Family Code.10 the adoption. The dissolution cannot be granted, however, if it would be against the best interests of a child. 12 Prepared by Bozena Sarnecka-Crouch Legal Specialist European Law Division Law Library of Congress February 1990 12 Art. 125, Family Code.10 the adoption. The dissolution cannot be granted, however, if it would be against the best interests of a child. 12 Prepared by Bozena Sarnecka-Crouch Legal Specialist European Law Division Law Library of Congress February 1990 12 Art. 125, Family Code.11 ROMANIA Adoption in Romania is governed by the provisions of the Family Code, adopted by Law No. 4 of January 4, 1954, as amended13 (arts. 66-85, 117, and 158-160). Only minors may be adopted, except in instances in which an adult was raised during his childhood by the adoptee. Adoption between brothers is prohibited. The adoptant must be 18 years older than the adoptee. The guardianship authority may waive this difference for serious reasons. Adoption is permitted only by one person, except if done by husband and wife simultaneously or consecutively. In all cases the consent of the spouses is required. The adopter must be of full age, in full use of his parental rights, his political, civil and electoral rights, never have been deprived of guardianship rights, and must not have a conflict of interest with the adoptee. The petition for adoption, prepared by the adopter and the adoptee, must be supported by the following evidence: (a) declaration of consent of the parties; (b) legalized copy of the marriage certificate of the adopting parents or a birth certificate for a single adopter; (c) marriage certificate of the natural parents of the adoptee; (d) medical certificate of the adopter and members of his family; and (e) if the adopter is a foreign national, the authorization of adoption by the President of the Romanian Republic. --------------------------------------- 13 Codul familiei 21-24 (Bucuresti, 1984). See also Ion P. Filipescu, Dreptul familiei 359-395 (Bucuresti, 1979). 11 ROMANIA Adoption in Romania is governed by the provisions of the Family Code, adopted by Law No. 4 of January 4, 1954, as amended13 (arts. 66-85, 117, and 158-160). Only minors may be adopted, except in instances in which an adult was raised during his childhood by the adoptee. Adoption between brothers is prohibited. The adoptant must be 18 years older than the adoptee. The guardianship authority may waive this difference for serious reasons. Adoption is permitted only by one person, except if done by husband and wife simultaneously or consecutively. In all cases the consent of the spouses is required. The adopter must be of full age, in full use of his parental rights, his political, civil and electoral rights, never have been deprived of guardianship rights, and must not have a conflict of interest with the adoptee. The petition for adoption, prepared by the adopter and the adoptee, must be supported by the following evidence: (a) declaration of consent of the parties; (b) legalized copy of the marriage certificate of the adopting parents or a birth certificate for a single adopter; (c) marriage certificate of the natural parents of the adoptee; (d) medical certificate of the adopter and members of his family; and (e) if the adopter is a foreign national, the authorization of adoption by the President of the Romanian Republic. --------------------------------------- 13 Codul familiei 21-24 (Bucuresti, 1984). See also Ion P. Filipescu, Dreptul familiei 359-395 (Bucuresti, 1979). 11 ROMANIA Adoption in Romania is governed by the provisions of the Family Code, adopted by Law No. 4 of January 4, 1954, as amended13 (arts. 66-85, 117, and 158-160). Only minors may be adopted, except in instances in which an adult was raised during his childhood by the adoptee. Adoption between brothers is prohibited. The adoptant must be 18 years older than the adoptee. The guardianship authority may waive this difference for serious reasons. Adoption is permitted only by one person, except if done by husband and wife simultaneously or consecutively. In all cases the consent of the spouses is required. The adopter must be of full age, in full use of his parental rights, his political, civil and electoral rights, never have been deprived of guardianship rights, and must not have a conflict of interest with the adoptee. The petition for adoption, prepared by the adopter and the adoptee, must be supported by the following evidence: (a) declaration of consent of the parties; (b) legalized copy of the marriage certificate of the adopting parents or a birth certificate for a single adopter; (c) marriage certificate of the natural parents of the adoptee; (d) medical certificate of the adopter and members of his family; and (e) if the adopter is a foreign national, the authorization of adoption by the President of the Romanian Republic. --------------------------------------- 13 Codul familiei 21-24 (Bucuresti, 1984). See also Ion P. Filipescu, Dreptul familiei 359-395 (Bucuresti, 1979). 11 ROMANIA Adoption in Romania is governed by the provisions of the Family Code, adopted by Law No. 4 of January 4, 1954, as amended13 (arts. 66-85, 117, and 158-160). Only minors may be adopted, except in instances in which an adult was raised during his childhood by the adoptee. Adoption between brothers is prohibited. The adoptant must be 18 years older than the adoptee. The guardianship authority may waive this difference for serious reasons. Adoption is permitted only by one person, except if done by husband and wife simultaneously or consecutively. In all cases the consent of the spouses is required. The adopter must be of full age, in full use of his parental rights, his political, civil and electoral rights, never have been deprived of guardianship rights, and must not have a conflict of interest with the adoptee. The petition for adoption, prepared by the adopter and the adoptee, must be supported by the following evidence: (a) declaration of consent of the parties; (b) legalized copy of the marriage certificate of the adopting parents or a birth certificate for a single adopter; (c) marriage certificate of the natural parents of the adoptee; (d) medical certificate of the adopter and members of his family; and (e) if the adopter is a foreign national, the authorization of adoption by the President of the Romanian Republic. --------------------------------------- 13 Codul familiei 21-24 (Bucuresti, 1984). See also Ion P. Filipescu, Dreptul familiei 359-395 (Bucuresti, 1979). 11 ROMANIA Adoption in Romania is governed by the provisions of the Family Code, adopted by Law No. 4 of January 4, 1954, as amended13 (arts. 66-85, 117, and 158-160). Only minors may be adopted, except in instances in which an adult was raised during his childhood by the adoptee. Adoption between brothers is prohibited. The adoptant must be 18 years older than the adoptee. The guardianship authority may waive this difference for serious reasons. Adoption is permitted only by one person, except if done by husband and wife simultaneously or consecutively. In all cases the consent of the spouses is required. The adopter must be of full age, in full use of his parental rights, his political, civil and electoral rights, never have been deprived of guardianship rights, and must not have a conflict of interest with the adoptee. The petition for adoption, prepared by the adopter and the adoptee, must be supported by the following evidence: (a) declaration of consent of the parties; (b) legalized copy of the marriage certificate of the adopting parents or a birth certificate for a single adopter; (c) marriage certificate of the natural parents of the adoptee; (d) medical certificate of the adopter and members of his family; and (e) if the adopter is a foreign national, the authorization of adoption by the President of the Romanian Republic. --------------------------------------- 13 Codul familiei 21-24 (Bucuresti, 1984). See also Ion P. Filipescu, Dreptul familiei 359-395 (Bucuresti, 1979). 12 The final decision must be recorded in the Personal Status Register of the adoptee. The adoption law distinguishes between two types of adoption. One with limited effects, as described above, which establishes legal relationships only between the adopter and the adoptee and his descendants, preserving the relationship with the natural parents. The other type of adoption with full effects must be expressly requested by the interested parties and must be separately approved by the guardianship authority. It establishes full legal relationships between the adopter and the adoptee and their ascendants and descendants, and the adoptee severs his relations with his natural parents and relatives. It produces all the effects of an unlimited filiation, and a new birth certificate is be prepared for the adoptee. Under the principles of Romanian private international law, the substantive provisions of adoption are controlled by the national law of the parties, while the requirements regarding the form of adoption are subject to the law of the place where the contract was concluded. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 199012 The final decision must be recorded in the Personal Status Register of the adoptee. The adoption law distinguishes between two types of adoption. One with limited effects, as described above, which establishes legal relationships only between the adopter and the adoptee and his descendants, preserving the relationship with the natural parents. The other type of adoption with full effects must be expressly requested by the interested parties and must be separately approved by the guardianship authority. It establishes full legal relationships between the adopter and the adoptee and their ascendants and descendants, and the adoptee severs his relations with his natural parents and relatives. It produces all the effects of an unlimited filiation, and a new birth certificate is be prepared for the adoptee. Under the principles of Romanian private international law, the substantive provisions of adoption are controlled by the national law of the parties, while the requirements regarding the form of adoption are subject to the law of the place where the contract was concluded. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 199012 The final decision must be recorded in the Personal Status Register of the adoptee. The adoption law distinguishes between two types of adoption. One with limited effects, as described above, which establishes legal relationships only between the adopter and the adoptee and his descendants, preserving the relationship with the natural parents. The other type of adoption with full effects must be expressly requested by the interested parties and must be separately approved by the guardianship authority. It establishes full legal relationships between the adopter and the adoptee and their ascendants and descendants, and the adoptee severs his relations with his natural parents and relatives. It produces all the effects of an unlimited filiation, and a new birth certificate is be prepared for the adoptee. Under the principles of Romanian private international law, the substantive provisions of adoption are controlled by the national law of the parties, while the requirements regarding the form of adoption are subject to the law of the place where the contract was concluded. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 199012 The final decision must be recorded in the Personal Status Register of the adoptee. The adoption law distinguishes between two types of adoption. One with limited effects, as described above, which establishes legal relationships only between the adopter and the adoptee and his descendants, preserving the relationship with the natural parents. The other type of adoption with full effects must be expressly requested by the interested parties and must be separately approved by the guardianship authority. It establishes full legal relationships between the adopter and the adoptee and their ascendants and descendants, and the adoptee severs his relations with his natural parents and relatives. It produces all the effects of an unlimited filiation, and a new birth certificate is be prepared for the adoptee. Under the principles of Romanian private international law, the substantive provisions of adoption are controlled by the national law of the parties, while the requirements regarding the form of adoption are subject to the law of the place where the contract was concluded. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 199012 The final decision must be recorded in the Personal Status Register of the adoptee. The adoption law distinguishes between two types of adoption. One with limited effects, as described above, which establishes legal relationships only between the adopter and the adoptee and his descendants, preserving the relationship with the natural parents. The other type of adoption with full effects must be expressly requested by the interested parties and must be separately approved by the guardianship authority. It establishes full legal relationships between the adopter and the adoptee and their ascendants and descendants, and the adoptee severs his relations with his natural parents and relatives. It produces all the effects of an unlimited filiation, and a new birth certificate is be prepared for the adoptee. Under the principles of Romanian private international law, the substantive provisions of adoption are controlled by the national law of the parties, while the requirements regarding the form of adoption are subject to the law of the place where the contract was concluded. Prepared by Anton Wekerle Assistant Chief Near Eastern & African Law Division Law Library of Congress February 199013 USSR Adoption in the USSR is regulated by the Fundamentals of Legislation of the USSR and the Union Republics on Marriage and the Family, adopted on June 27, 1968, by the USSR Supreme Soviet. The law allows adoption only of minor children and only in their best interests. Article 35 of the law stipulates that the adoption of a child who is a Soviet citizen and resides outside the USSR must be effected at a consular institution of the USSR. If the foster-parent is not a Soviet citizen, permission from a duly authorized body of a Union Republic must be required. Adoption of a child of Soviet citizenship effected by bodies of a state on whose territory the child is a resident, provided preliminary consent to such adoption was received from a duly authorized body of a Union Republic, will also be recognized as valid. Adoption in the USSR of a child who is a Soviet citizen by foreign nationals and adoption of a child who is a foreign national and resides in the USSR may be effected in accordance with Soviet legislation. The legislation of the other Union Republics has established the rules for adoption in accordance with these Fundamentals. Prepared by Zigmas A. Butkus Legal Specialist European Law Division Law Library of Congress February 1990 YUGOSLAVIA13 USSR Adoption in the USSR is regulated by the Fundamentals of Legislation of the USSR and the Union Republics on Marriage and the Family, adopted on June 27, 1968, by the USSR Supreme Soviet. The law allows adoption only of minor children and only in their best interests. Article 35 of the law stipulates that the adoption of a child who is a Soviet citizen and resides outside the USSR must be effected at a consular institution of the USSR. If the foster-parent is not a Soviet citizen, permission from a duly authorized body of a Union Republic must be required. Adoption of a child of Soviet citizenship effected by bodies of a state on whose territory the child is a resident, provided preliminary consent to such adoption was received from a duly authorized body of a Union Republic, will also be recognized as valid. Adoption in the USSR of a child who is a Soviet citizen by foreign nationals and adoption of a child who is a foreign national and resides in the USSR may be effected in accordance with Soviet legislation. The legislation of the other Union Republics has established the rules for adoption in accordance with these Fundamentals. Prepared by Zigmas A. Butkus Legal Specialist European Law Division Law Library of Congress February 1990 YUGOSLAVIA13 USSR Adoption in the USSR is regulated by the Fundamentals of Legislation of the USSR and the Union Republics on Marriage and the Family, adopted on June 27, 1968, by the USSR Supreme Soviet. The law allows adoption only of minor children and only in their best interests. Article 35 of the law stipulates that the adoption of a child who is a Soviet citizen and resides outside the USSR must be effected at a consular institution of the USSR. If the foster-parent is not a Soviet citizen, permission from a duly authorized body of a Union Republic must be required. Adoption of a child of Soviet citizenship effected by bodies of a state on whose territory the child is a resident, provided preliminary consent to such adoption was received from a duly authorized body of a Union Republic, will also be recognized as valid. Adoption in the USSR of a child who is a Soviet citizen by foreign nationals and adoption of a child who is a foreign national and resides in the USSR may be effected in accordance with Soviet legislation. The legislation of the other Union Republics has established the rules for adoption in accordance with these Fundamentals. Prepared by Zigmas A. Butkus Legal Specialist European Law Division Law Library of Congress February 1990 YUGOSLAVIA13 USSR Adoption in the USSR is regulated by the Fundamentals of Legislation of the USSR and the Union Republics on Marriage and the Family, adopted on June 27, 1968, by the USSR Supreme Soviet. The law allows adoption only of minor children and only in their best interests. Article 35 of the law stipulates that the adoption of a child who is a Soviet citizen and resides outside the USSR must be effected at a consular institution of the USSR. If the foster-parent is not a Soviet citizen, permission from a duly authorized body of a Union Republic must be required. Adoption of a child of Soviet citizenship effected by bodies of a state on whose territory the child is a resident, provided preliminary consent to such adoption was received from a duly authorized body of a Union Republic, will also be recognized as valid. Adoption in the USSR of a child who is a Soviet citizen by foreign nationals and adoption of a child who is a foreign national and resides in the USSR may be effected in accordance with Soviet legislation. The legislation of the other Union Republics has established the rules for adoption in accordance with these Fundamentals. Prepared by Zigmas A. Butkus Legal Specialist European Law Division Law Library of Congress February 1990 YUGOSLAVIA13 USSR Adoption in the USSR is regulated by the Fundamentals of Legislation of the USSR and the Union Republics on Marriage and the Family, adopted on June 27, 1968, by the USSR Supreme Soviet. The law allows adoption only of minor children and only in their best interests. Article 35 of the law stipulates that the adoption of a child who is a Soviet citizen and resides outside the USSR must be effected at a consular institution of the USSR. If the foster-parent is not a Soviet citizen, permission from a duly authorized body of a Union Republic must be required. Adoption of a child of Soviet citizenship effected by bodies of a state on whose territory the child is a resident, provided preliminary consent to such adoption was received from a duly authorized body of a Union Republic, will also be recognized as valid. Adoption in the USSR of a child who is a Soviet citizen by foreign nationals and adoption of a child who is a foreign national and resides in the USSR may be effected in accordance with Soviet legislation. The legislation of the other Union Republics has established the rules for adoption in accordance with these Fundamentals. Prepared by Zigmas A. Butkus Legal Specialist European Law Division Law Library of Congress February 1990 YUGOSLAVIA14 Before the notification of the Federal Constitution of the Yugoslav Republic in 1974, a special statute of April 1, 1947, 14 regulated adoption. It was amended in 1965 15 without any substantial changes. After the constituent republics of Serbia, Croatia, Slovenia, and Bosnia-Herzegovina introduced similar legislation, and the republics and provinces of Crna Gora, Macedonia, Voyvodina and Kosovo passed individual laws on adoption. The Federal Law on Adoption of April 1, 1947, as amended, continues to reflect the basic principles on adoption when a foreign element is concerned. The Law requires that the adopter and the parents or the guardian of the child to be adopted declare their agreement to the adoption on behalf of the child before the organ of guardianship (art. 2). This fact is then entered into the birth register (art. 3). Only a minor under 14 years of age may be adopted and only a person who is at least 18 years older than the adoptee may be an adopted (art. 4). The consent of the minor will also be required for his adoption if he is older than ten years of age (art. 4). The law also states that no individual may be adopted by more than one person (art. 6) and no relative of direct lineage (brother or sister) may be adopted (art. 7). An appeal may be lodged against a decision that refuses the adoption (art. 16). An adoption decree may be set aside if it is established that the justified interest of a minor adoptee so enjoin. The law is silent on the issue involving a foreign element. --------------------- 14 Sluzbeni list [official law gazette of Yugoslavia] No. 30, April 11, 1947. 15 Id. No. 10, March 10, 1965.14 Before the notification of the Federal Constitution of the Yugoslav Republic in 1974, a special statute of April 1, 1947, 14 regulated adoption. It was amended in 1965 15 without any substantial changes. After the constituent republics of Serbia, Croatia, Slovenia, and Bosnia-Herzegovina introduced similar legislation, and the republics and provinces of Crna Gora, Macedonia, Voyvodina and Kosovo passed individual laws on adoption. The Federal Law on Adoption of April 1, 1947, as amended, continues to reflect the basic principles on adoption when a foreign element is concerned. The Law requires that the adopter and the parents or the guardian of the child to be adopted declare their agreement to the adoption on behalf of the child before the organ of guardianship (art. 2). This fact is then entered into the birth register (art. 3). Only a minor under 14 years of age may be adopted and only a person who is at least 18 years older than the adoptee may be an adopted (art. 4). The consent of the minor will also be required for his adoption if he is older than ten years of age (art. 4). The law also states that no individual may be adopted by more than one person (art. 6) and no relative of direct lineage (brother or sister) may be adopted (art. 7). An appeal may be lodged against a decision that refuses the adoption (art. 16). An adoption decree may be set aside if it is established that the justified interest of a minor adoptee so enjoin. The law is silent on the issue involving a foreign element. --------------------- 14 Sluzbeni list [official law gazette of Yugoslavia] No. 30, April 11, 1947. 15 Id. No. 10, March 10, 1965.14 Before the notification of the Federal Constitution of the Yugoslav Republic in 1974, a special statute of April 1, 1947, 14 regulated adoption. It was amended in 1965 15 without any substantial changes. After the constituent republics of Serbia, Croatia, Slovenia, and Bosnia-Herzegovina introduced similar legislation, and the republics and provinces of Crna Gora, Macedonia, Voyvodina and Kosovo passed individual laws on adoption. The Federal Law on Adoption of April 1, 1947, as amended, continues to reflect the basic principles on adoption when a foreign element is concerned. The Law requires that the adopter and the parents or the guardian of the child to be adopted declare their agreement to the adoption on behalf of the child before the organ of guardianship (art. 2). This fact is then entered into the birth register (art. 3). Only a minor under 14 years of age may be adopted and only a person who is at least 18 years older than the adoptee may be an adopted (art. 4). The consent of the minor will also be required for his adoption if he is older than ten years of age (art. 4). The law also states that no individual may be adopted by more than one person (art. 6) and no relative of direct lineage (brother or sister) may be adopted (art. 7). An appeal may be lodged against a decision that refuses the adoption (art. 16). An adoption decree may be set aside if it is established that the justified interest of a minor adoptee so enjoin. The law is silent on the issue involving a foreign element. --------------------- 14 Sluzbeni list [official law gazette of Yugoslavia] No. 30, April 11, 1947. 15 Id. No. 10, March 10, 1965.14 Before the notification of the Federal Constitution of the Yugoslav Republic in 1974, a special statute of April 1, 1947, 14 regulated adoption. It was amended in 1965 15 without any substantial changes. After the constituent republics of Serbia, Croatia, Slovenia, and Bosnia-Herzegovina introduced similar legislation, and the republics and provinces of Crna Gora, Macedonia, Voyvodina and Kosovo passed individual laws on adoption. The Federal Law on Adoption of April 1, 1947, as amended, continues to reflect the basic principles on adoption when a foreign element is concerned. The Law requires that the adopter and the parents or the guardian of the child to be adopted declare their agreement to the adoption on behalf of the child before the organ of guardianship (art. 2). This fact is then entered into the birth register (art. 3). Only a minor under 14 years of age may be adopted and only a person who is at least 18 years older than the adoptee may be an adopted (art. 4). The consent of the minor will also be required for his adoption if he is older than ten years of age (art. 4). The law also states that no individual may be adopted by more than one person (art. 6) and no relative of direct lineage (brother or sister) may be adopted (art. 7). An appeal may be lodged against a decision that refuses the adoption (art. 16). An adoption decree may be set aside if it is established that the justified interest of a minor adoptee so enjoin. The law is silent on the issue involving a foreign element. --------------------- 14 Sluzbeni list [official law gazette of Yugoslavia] No. 30, April 11, 1947. 15 Id. No. 10, March 10, 1965.14 Before the notification of the Federal Constitution of the Yugoslav Republic in 1974, a special statute of April 1, 1947, 14 regulated adoption. It was amended in 1965 15 without any substantial changes. After the constituent republics of Serbia, Croatia, Slovenia, and Bosnia-Herzegovina introduced similar legislation, and the republics and provinces of Crna Gora, Macedonia, Voyvodina and Kosovo passed individual laws on adoption. The Federal Law on Adoption of April 1, 1947, as amended, continues to reflect the basic principles on adoption when a foreign element is concerned. The Law requires that the adopter and the parents or the guardian of the child to be adopted declare their agreement to the adoption on behalf of the child before the organ of guardianship (art. 2). This fact is then entered into the birth register (art. 3). Only a minor under 14 years of age may be adopted and only a person who is at least 18 years older than the adoptee may be an adopted (art. 4). The consent of the minor will also be required for his adoption if he is older than ten years of age (art. 4). The law also states that no individual may be adopted by more than one person (art. 6) and no relative of direct lineage (brother or sister) may be adopted (art. 7). An appeal may be lodged against a decision that refuses the adoption (art. 16). An adoption decree may be set aside if it is established that the justified interest of a minor adoptee so enjoin. The law is silent on the issue involving a foreign element. --------------------- 14 Sluzbeni list [official law gazette of Yugoslavia] No. 30, April 11, 1947. 15 Id. No. 10, March 10, 1965.15 In his study, Yugoslav Civil Law. History, Family, Property (Oxford, Clarendon Press, 1970), p. 117, A. G. Chloros states: "In its broad characteristics this law is comparable to other Western legislations." Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 199015 In his study, Yugoslav Civil Law. History, Family, Property (Oxford, Clarendon Press, 1970), p. 117, A. G. Chloros states: "In its broad characteristics this law is comparable to other Western legislations." Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 199015 In his study, Yugoslav Civil Law. History, Family, Property (Oxford, Clarendon Press, 1970), p. 117, A. G. Chloros states: "In its broad characteristics this law is comparable to other Western legislations." Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 199015 In his study, Yugoslav Civil Law. History, Family, Property (Oxford, Clarendon Press, 1970), p. 117, A. G. Chloros states: "In its broad characteristics this law is comparable to other Western legislations." Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 199015 In his study, Yugoslav Civil Law. History, Family, Property (Oxford, Clarendon Press, 1970), p. 117, A. G. Chloros states: "In its broad characteristics this law is comparable to other Western legislations." Prepared by Ivan Sipkov Chief, European Law Division Law Library of Congress March 1990