Law nr. 99 from 28.05.2010
Chapter I - GENERAL DISPOSITIONSArticle 1. Scope of
This law regulates legal relations on:
a) protect children's rights through adoption;
b) establishing the legal status of adoption;
c) Cooperation with NGOs government to assure the child a healthy family environment;
d) international cooperation in the field of child adoption.
Article 2. Definitions
In this law, the following definitions apply:
adoption - special form of protection applied in the interest of the child, which regulates lineages between the adopter and the adopted child and family connections between the adopted child and adoptive family;
national adoption - adoption the child so adopted, as well as the adopter or adoptive family residing in the Republic of Moldova;
international adoption - adoption the adopted child is domiciled in the Republic of Moldova and the adopter or adoptive family residing abroad or adoption the adopted child is domiciled abroad, and the adopter or adoptive family residing in the Republic of Moldova;
adopter - a person or family (husband and wife) who applied for adoption and was taken on record by the competent authorities in the adoption, according to this law;
certified by the adopter - instrument issued adopter, according to this law, which is proof of adoption, resulting in performance guarantees moral and material conditions necessary for multilateral and harmonious development of the child by adoption;
child for adoption - child taken for adoption on record that meets all the conditions of this law for a declaration of adoption;
home of the child - instead of finding the child, which may be: home of parents, a parent, guardian or trustee, instead of the social institution of family services or place determined by a court;
case manager - specialist department / the social and family protection, the Department Chisinau municipal child protection or social institution where the child is placed in charge of developing and implementing child care plan;
foster parent / adoptive parent - a person or family (husband and wife) who adopted the child under this law;
permit visit - written permission, issued in the process of matching adopter to visit the child by possible adoption;
matching the adopter - selection procedure for the adopted child of the adopter, taking into account the age of the child and the adopter, the child's needs and possibilities to satisfy their family, the child's medical and psychological features of the recommendations of the competent authority in adoption and placement of the child institution.
Article 3. Basic principles of adoption
Child protection is achieved by adoption on the following principles:
a) the rights and freedoms of the child;
b) the best interests of the child;
c) informing the child and consider his opinion in relation to age and degree of maturity;
d) the priority of domestic over international adoption;
e) the continuity of growth and education of the child, taking into account ethnic, cultural and linguistic diversity;
f) speed in fulfilling any documents relating to adoption proceedings;
g) ensure confidentiality of information obtained in the adoption process in terms of identification of adoptive and biological parents.
Article 4. Information and the child's opinion
(1) Throughout the procedure of adoption, the adoption authority in whose jurisdiction the child resides is required to give information and explanations clear and complete, according to age and degree of maturity, on stages and in the process adoption, the effects of adoption, the adopter and his relatives.
(2) to inform the child is ready for adoption and integration in a family environment.
(3) The adoption process will take into account the views, wishes and feelings of children depending on age and his ability to understand.
Chapter II - INSTITUTIONALArticle 5. Competent authorities in adoption
(1) In Moldova, the competent authorities in child protection through adoption are:
a) Ministry of Labour and Social Protection (the central authority);
b) sections / departments of social assistance and family protection and child protection the Municipal Chisinau (the territorial authority).
(2) In order to examine issues related to international adoption procedure, operating under the central authority for international adoptions Advisory Council, whose composition and rules of activity which are approved by the Government.
Article 6. Duties in the adoption of central authority
(1) The central authority is empowered to ensure the fulfillment of the Republic of Moldova following the accession to the Hague Convention on Protection of Children and Cooperation in Intercountry Adoption of 29 May 1993 (the Hague Convention) and other treated relevant.
(2) To achieve the objectives in the field of adoption, the central authority has the following main tasks:
a) Central Authority obligations under the Hague Convention and other international treaties;
b) prepare draft laws and normative methodologies in the field of adoption;
c) coordinates in the adoption of local government;
d) collect, analyze and protect information about national and international adoptions;
e) monitor children's rights in the pre and post adoption;
f) maintain the State Register of adoptions;
g) accredit foreign organizations with responsibilities in international adoption;
h) examine complaints and appeals against acts of territorial authorities;
i) perform other duties relating to adoption in national legislation or international treaties and bilateral treaties to which Moldova is party.
(3) The central authority collaboration agreements and cooperate with the central government and local public institutions in the country and abroad, with international and regional organizations, other businesses in the country and abroad who have responsibilities in adoption.
Article 7. Duties in the adoption of territorial authority
(1) Territorial Authority in the adoption meets the following main tasks:
a) collect and analyze information, keep track of adopters and adopted children within its territorial
b) assess the ability of adopters and adoption certificates issued by the adopter;
c) inform and prepare adopters for adoption as specified by the central authority;
d) provides matching adopters;
e) monitoring child development and relations between it and the adopter during preadopţie;
f) is exposed by the adopter opinion on the compatibility and compliance with the adopted child adoption interests of the child;
g) participate in court cases processing of applications for declaration of adoption;
h) monitors the situation of children during post-adoption for national adoption;
i) perform other duties on the Adoption by law.
(2) territorial authority operating under a regulation framework approved by the Government.
Article 8. Duties in the adoption of diplomatic missions and offices Consular of the Republic of Moldova
In the adoption, diplomatic missions and consular offices of Republic of Moldova have the following powers:
a) disseminate information materials on children's rights in Moldova, received from the central authority, legal regulations related to child protection through adoption in Moldova;
b) keep records of the Moldovan consular children adopted by foreign nationals or citizens of Moldova residing abroad;
c) keep records of the States concerned organizations with responsibilities in international adoption accredited in Moldova and the central authority has information about these organizations;
d) monitoring the conditions in which the children of Moldova adopted abroad, inform the central authority on the results;
e) perform other duties in the field according to their status.
Article 9. Foreign organizations with responsibilities in International Adoption
(1) foreign organizations with responsibilities in international adoption in Moldova are nonprofit organizations, legally established in the receiving State, which meet the following conditions:
a) are accredited by the Central Authority in the adoption of the receiving State which is party to the Hague Convention or a bilateral agreement concluded with the Republic of Moldova;
b) are accredited by the Central Authority of the Republic of Moldova and subsequently registered as legal persons from the Ministry of Justice of Moldova, according to law.
(2) The procedure, the operation of foreign organizations, referred to in para. (1), list of services and activities they can carry in international adoption is approved by Government.
Chapter III - FUNDAMENTAL CONDITIONS OF ADOPTIONArticle 10. Adopted child
(1) A person may be taken only until the age of 18 years.
(2) Notwithstanding paragraph. (A) the person who has acquired full legal capacity until the age of 18 years may be adopted only if the adopter is a person or family who raised her, if they lived with no less than three years until application for adoption.
(3) separation of siblings by adoption and their adoption by different individuals or families are prohibited, except where this requirement against the interest of the child or when one of the brothers can not be adopted for health reasons.
(4) list of diseases that allow separation of siblings by adoption is developed by central health authority and approved by the Government.
Article 11. Prohibitions on child adoption
(1) adoption among siblings is prohibited.
(2) Adoption of a child by several adopters is prohibited unless it is made by both spouses simultaneously.
(3) Notwithstanding paragraph. (2), may be permitted one nine adoption if:
a) the adopter or adopters wife died, earlier adoption is considered final dissolved lagging on the judgment of declaration of new adoptions;
b) Previous adoption has ceased as a result of its invalidity.
Article 12. Adopters
(1) Adoption is permitted only to persons who have full legal capacity have reached the age of 25 years and are at least 18 years older than the one you want to adopt him, but not more than 48 years.
(2) Notwithstanding the provisions of par. (1), the court may approve adoption even if the difference in age between the child and the adopter is less than 18 years, but in no case less than 16 years.
(3) Notwithstanding paragraph. (1), if adoption is sufficient that only one spouse has reached the age of 25 years.
(4) people can not adopt children:
a) deprived of parental rights;
b) suffering from mental illness and other diseases that are impossible to fulfill parental rights and obligations (list of medical contraindications for people wishing to adopt children approved by the Government);
c) that avoid the exercise of parental responsibilities, including payment of alimony biological children;
d) that have previously adopted children, but have not exercised properly are deprived of parental obligations and the exercise of these rights or child in their care is taken pursuant to a judgment, without deprivation of rights;
e) exempted from the tutor or guardian due to poor performance of the obligations;
f) who had false documents or information for approval of adoption;
g) who were convicted for committing intentional crimes: against life and health of the person, against freedom, honor and dignity, on the sexual life; against family and children.
(5) adopters must meet the moral and material conditions necessary guarantees multilateral and harmonious development of the child's personality.
(6) Child Adoption by spouses is permitted only if the marriage lasted at least three years before the time of application for adoption.
(7) Foreign citizens and stateless persons residing in Moldova can adopt children under this law if you reside in Moldova at least three years before the adoption application.
(8) The guardian or custodian, parent educator of family type orphanage, professional parental assistant have a prior right to adopt children they have the care or placement, unless he is adopted by his relatives up including the fourth degree. If the person is both specified and relative child up to grade IV, and adopt preferential right of the store.
Chapter IV - NATIONAL ADOPTIONArticle 13. Applying for adoption
(1) Persons wishing to adopt children applying for the territorial authority in whose area they reside.
(2) The certificate of application for adoption, persons referred to in para. (1) shall be issued the certificate.
Article 14. Content of the adoption
(1) adoption application must contain:
a) name, year, month and day of birth of the adopter, and home address of residence;
b) why the adopter wishes to adopt;
c) willingness to adopt any more children, including siblings.
(2) An application for adoption may also contain other data, information and requests for adoption.
Article 15. The documents accompanying the application adoption
(1) The application for adoption, the adopter attached:
a) copy of ID;
b) a copy of birth certificate;
c) a copy of marriage certificate, for adoption by a married couple, or a copy of the certificate of divorce if divorced;
d) certificate to work on his position and the amount of salary or a copy of the statement of income, or other similar act, for the last 12 months;
e) certified copy of the document confirming his right of ownership or right of use of a dwelling;
f) criminal record;
g) medical certificate, which confirms that he suffers from mental illness and other diseases that are impossible to fulfill parental rights and obligations issued by medical institution in his home;
h) his biographical data, other acts permitted by law.
(2) the territorial authority of the receiving adoptive home adoption may request other documents permitted by law, to find that the adopter meets the guarantees necessary moral and material conditions of adoption.
Article 16. Evaluation of the adoption of adopter
(1) the territorial authority to assess compliance adoptive home guarantees moral and material conditions of the adoptive child's developmental needs, according to a regulation approved by the central authority, compiling an evaluation report.
(2) The evaluation report must include:
a) information and data on personality, health, economic situation of the adopter, family life, social environment, living conditions, care and education skills of a child, according to other family members about possible adoption;
b) why the adopter wishes to adopt a child;
c) conclusion as to whether adoption of the adopter.
Article 17. Certificate of adopter
(1) Based on the assessment provided for in art. 16 territorial authority issued a decision on issuing or refusing to issue the certificate of the adopter. When issuing the certificate, the territorial authority decides to take out the adopter.
(2) The certificate of the adopter shall be issued within one month from the date of application for adoption. If need further evaluation, this period may be extended, exceptionally, up to 3 months.
(3) In the event of a negative evaluation of the adopter certificate applicant is entitled to claim moral authority and territorial securities revaluation of the material within 30 days of submittal. Create territorial authority in this regard, a special commission composed of experts who will participate in securities revaluation moral and material conditions which must be exposed in a joint report.
(4) If deemed to have violated the rights of the adopter certificate applicant is entitled to appeal within 30 days, the refusal to issue the certificate to the central authority and thereafter the competent court the Adoption.
(5) The adopter certificate is valid for one year. Territorial Authority renew the certificate on application for renewal of the adopter, guarantees reassessing its moral and material conditions.
(6) If the adopter match took place, the validity of the certificate of the adopter be extended as required without its renewal.
Article 18. Evidence adopters
(1) territorial authority which issued the decision making out of the adopter shall, within 10 days, the central authority and a copy of the certificate of decision taken to include required information in the State Register of adoptions.
(2) No person may take not been certified by the adopter and was not taken on record in accordance with Art. 17.
(3) Notwithstanding paragraph. (2), taking the record of the adopter is not a condition for adoption:
a) adoption of the child by the spouse biological parent or adoptive parent of the child;
b) adoption of a child who has acquired full legal capacity until the age of 18 years.
Article 19. Preparation of adopters
During the evaluation process, as stipulated. 16, the territorial authority is responsible for informing the adoptive home and prepare it according to a program developed by the central authority.
Article 20. Status of adopted child
(1) After exhausting all measures (re) integration, the biological family or extended family, an orphan child or children left without parental care, territorial authority where the child resides shall issue a decision on the status of adopted child.
(2) measures the (re) integration of children into their biological families or extended family is made according to an individualized plan of care, which is made within 6 months after taking on record, according to the Family Code, as the child orphans or children left without parental care.
(3) Child left without parental care due to abandonment, disappearance without trace of parents, mental health of parents, absconding from child education, the protection of legitimate rights and interests and to determine the status of children adopted after becoming irrevocable the judgment on:
a) deprived parents of their parental rights;
b) declare that parents are incapable;
c) parents declared as disappeared or dead.
(4) found child whose parents are not known and adopted child status is established the exhaustion of all investigations to identify the parents, which is made within 6 months.
(5) the decision on determining the status of adopted child, the territorial authority shall inform the biological parents, including those deprived of parental rights, the guardian or trustee, shall also inform the institution of social or family services the child is placed.
Article 21. Evidence of adoptable children
(1) Evidence of adoptable children keeps territorial authority where the child resides and the central authority.
(2) The decision to establish the status of adopted child, the territorial authority has put on record the child.
(3) Within 3 days after issuing the decision determining the status of child adoption, the territorial central authority submit a copy of the decision.
(4) is prohibited adoption of children who have not been taken on record under this Law, except where:
a) the spouse adopts the child of the spouse;
b) the child has acquired full legal capacity until the age of 18 years is adopted by the person or family who raised him when he lived with them at least three years before the adoption application.
Article 22. Information on adoptable children
The central and local authorities shall inform each other about the foster and adopted children to match adopters.
Article 23. Consent to adoption
(1) For adoption consent required:
a) the consent of the biological parents or, where appropriate, guardian or custodian of the child whose parents are deceased, are not known, are missing without a trace or dead, are declared incapable by law;
b) the consent of the adopter;
c) the consent of the adopted child who has attained the age of 10 years.
(2) Persons whose consent to adoption is required to be properly informed about the consequences of their consent, especially on the break, following adoption, the family ties between the child and his biological family.
(3) territorial authorities to address those referred to in para. (1) are obliged to provide guidance and even when expressing their consent to adoption and report this.
(4) The consent of the persons specified in par. (1) is expressed in writing, freely and unconditionally, certified according to law or territorial authority confirmed at their homes.
(5) The consent of the persons specified in par. (1) obtained by corruption, fraud, fraud against the money, other property or against any promised benefits before or after obtaining consent is not valid.
(6) The judicial authority may seek confirmation of consent and to consider the case in court, providing confidential information about the foster and biological parents.
Article 24. Biological parents consent
(1) For approval of adoption, the territorial authority to require the consent of the biological parents the child's home.
(2) Parents express consent to the adoption of minor children by their legal representatives before the age of 16 years and personally, after reaching this age.
(3) need not consent to the adoption of the biological parents if they:
a) are not known;
b) are deprived of parental rights;
c) shall be declared incapable;
d) are missing without a trace or deceased.
(4) If one of the biological parents is deceased or is in one of the situations referred to in para. (3), the other parent's consent is sufficient.
(5) If the child's parents are deprived of parental rights, declared incapable disappeared or deceased child adoption proceedings can be initiated after those judgments become final and after exhausting all measures (re) integration in his biological family under art. 20.
(6) The consent of the biological parents can not be given until birth, but only after 45 days of age.
(7) biological parents may revoke their consent to adoption until the judgment delivered on adoption consent.
(8) For initiating proceedings for reinstatement of parental rights or the application for revocation of consent by the biological parents, matching the adopter and child custody shall be suspended until these problems.
(9) In exceptional cases, the court may refuse to ignore the biological parents or, where appropriate, the guardian or guardian to consent to adoption of the child are shown by any evidence that they improperly withheld to give consent to adoption, and the court considers that adoption is in the interests of the child, motivating express this fact in the judgment.
Article 25. Consent adopters
(1) adopter give consent to the adoption of the Child adopted by the territorial authority proposed by the latter's residence, which confirms that he is aware and child health.
(2) The child's adoption by married persons is required consent of both spouses simultaneously.
Article 26. Consent of the child
(1) require the consent of territorial authority considering the child's age and maturity, and the views, wishes and feelings of the adoption process.
(2) matching the adopter, the child reached the age of 10 years, the territorial authority's request to his home, necessarily express written consent.
(3) The child must receive counseling from the local authority on the consequences of adoption, prospective adopters and appropriate information on all aspects of adoption.
(4) For adoption consent, the consent of the child reaches the age of 10 is expressed binding in court.
(5) In considering cause in court, the child is entitled to decide on adoption, to confirm or withdraw consent to adoption.
Article 27. Matching adopter
(1) After determining the status of adopted child, the territorial authority to take measures to check the child's home according to the adopted child of the adopter, taking into account the interests of the child and the adopter's request.
(2) If the adopted child is a social institution or a family service, matching the adopter is the territorial authority where the child resides together with the case manager.
(3) In determining the compatibility of the adopter, priority:
a) relatives of the adopted child;
b) the child's guardian or custodian;
c) the person is in foster care child, the parent educator or foster care.
(4) About adopter selecting appropriate territorial authority where the child resides shall notify territorial authority of the domicile of the adopter for its information.
Article 28. Conditions matching the adopter
(1) selected adopter receives from the child's home local authority which has been declared under a permit card.
(2) the territorial authority shall satisfy the child's domicile of the adopter with child compatibility, taking into account the needs, wishes and views of the child.
(3) The meetings and visits are for the progressive development of the attachment relationship between the child and the adopter and take place both in the living environment of the child, as well as outside. Number of visits required for finding compatibility territorial authority is established jointly with the case manager to evolving case.
(4) If, within 30 days from date of issue business licenses, the adopter has agreed to match the adopted child is an indication to that effect in the business permit, signed by the adopter. In this case, the adopter is entitled to remain in the list of adopters for another matching process.
(5) If the adopter does not match took place, the territorial authority takes further steps to select other adoptive child.
Article 29. Custody for adoption
(1) Within 5 days of the match, the territorial authority is entrusted to the adoptive child's home for a period of 90 days to adapt child adopter and ascertain their suitability.
(2) custody of the child for adoption is motivated by a decision issued by the territorial basis of the matching process.
(3) custody for adoption is not required if:
a) adoption of the child by the spouse of the child's biological parent;
b) adoption of a child who has acquired full legal capacity until the age of 18 years;
c) the child's adoption by the guardian or trustee, the parent educator or nurse professional parent if the child was in their care at least 90 days.
(4) About the custody of the child for adoption shall notify territorial authority of residence of the adopter, who is required to monitor child development and relations between him and adopted throughout the period of custody, monthly reports prepared in this regard.
(5) physical and mental capacity to adapt to the family the child will be considered by territorial authority of the domicile of the adopter to the conditions of social and professional nature, economic, cultural, language, religion and any other elements of the place where the child lives during custody, which may be relevant in assessing its future development for a declaration of adoption.
(6) At the end of the period of custody for adoption, the territorial authority in the adoptive home and prepare a final report submitted to the territorial authority decided custody.
(7) Period of custody for adoption is extended by filing a declaration as to the adoption in court until a final request by a court.
(8) If, during custody for adoption, the territorial authority of the domicile of the adopter or the adopter finds inadequacy child there any other reasons such as to prevent termination of adoption, the territorial authority shall immediately inform the child's home to instructs custody or, if necessary, extend the measure of custody as provided in par. (1) and (2).
(9) The decision instructs custody territorial authority for adoption of law is enforceable. The selection and matching other adopted child, in this case again.
(10) During the custody of the child for adoption, the adopter exercise the rights and obligations of care and child education, except for the conclusion of legal documents.
Article 30. Opinion on adoption
(1) On completion of matching adopter, after meeting the conditions laid down in Art. 16-29, the territorial authority explained the adoptive child's home right to apply for a declaration of adoption in the competent court shall, within 10 days, a notice of adoption, which contains information on the development of relations between child and adopter, the adopter is compatible with the adopted child and the interests of the child adoption compliance.
(2) A copy of the notification on the central adoption authority resolves within 5 days.
(3) If the opinion is not favorable for adoption, the adopter territorial communicate this, explaining her right to appeal a negative opinion of the central authority, and subsequently to the competent court, including the right to open a new procedure adoption of a another child.
Article 31. Consent for adoption in court trial
(1) adopter apply for a declaration of adoption in court of the domicile of children adopted has been declared suitable for examination of the cause.
(2) A declaration of adoption shall include:
a) name, year, month and day of birth adopter's home address;
b) name, year, month and day of birth of the child for adoption, finding his place;
c) request name change and / or surname of the child, the name will carry the child if the adopters have different names;
d) the certificate number of the adopter, and date of issue and the issuing authority (certificate accompanying the application);
e) other data and information, to request the court.
(3) The court has territorial opinion on adoption, prepared in accordance with Art. Article 30. (1), and the child's file.
(4) the child's file must contain:
a) a copy of the child's birth certificate;
b) Medical certificate on the health of the child, issued by the medical establishment of his home;
c) the consent of the adoptive logged in confirming that he is aware of the health of the child;
d) the consent of the child proposed for adoption, if under the age of 10 years, and his consent to any change of name and surname, the registration adopters as parents;
e) the consent of biological parents, guardian or custodian of the child, except as provided in art. 24 para. (3);
f) documents confirming the actions taken by relevant authorities to (re) integration of children into their biological families or extended family;
g) other relevant data and information.
(5) a declaration of adoption are examined with the obligatory participation of the adopter, a representative from the child's home local authority and prosecutor.
(6) The court shall accept a declaration of adoption only if it is satisfied, based on the evidence that adoption is in the interests of the child.
(7) For initiating proceedings for reinstatement or revocation of parental rights of biological parents' consent, the procedure for declaration of adoption shall be suspended until these problems.
(8) Adoption shall be deemed granted on the date of the judgment becoming final. Territorial authority where the child resides is required to notify territorial authority consent adoption adoptive parents at home, sending a copy of the judgment.
Chapter V - INTERNATIONAL ADOPTIONArticle 32. General
(1) Adoption of children living in Moldova by persons residing abroad takes place according to the legislation, taking into account the legislation states that the latter residing on the application for adoption, and and in accordance with international treaties or bilateral treaties to which Moldova is party. Likewise shall also be done by terminating international adoption by retail or her invalidity.
(2) Adopted children Moldovan citizens residing abroad, conducted by competent bodies of foreign State in whose territory the adopter resides, is recognized as valid in the Republic only if the foreign state party to the Hague Convention or party to a bilateral treaty concluded with adoption in Moldova and if the Central Authority of the Republic of Moldova expressed prior consent to adoption.
(3) adoption of children of foreign citizens residing in Moldova takes place in accordance with Moldovan law and central authority in the adoption agreement of the State whose nationality the child.
(4) Children living in Moldova can be adopted by adopters residing abroad only if the legislation of the states to go, they will ensure security and rule of law equivalent to that would be enjoyed for adoption national.
(5) Any person residing in Moldova who want to adopt children residing in other states are subject to assessment under the general regulations of this law. Central authority, based on an assessment report of the territorial authority of residence of such person, issue a decision on certification adopter, the adopter issue the certificate and report confirming that:
a) capacity to adoption;
b) have received the necessary training for adoption;
c) the child to be adopted is or will be authorized to enter and reside permanently in the Republic of Moldova.
(6) In cases covered by paragraph. (5), adoption is made in compliance with the requirements of this law and adoption of legislation in the country of residence of the child.
Article 33. Conditions for international adoption
(1) Consent for international adoption takes place in accordance with general regulations of this law, taking into account the exemptions of this Chapter.
(2) International adoption of a child domiciled in the Republic of Moldova may be permitted where:
a) the spouse adopts the child of the spouse;
b) the child is adopted, primarily, the relative up to the fourth degree inclusive, residing abroad;
c) the adopted child of the adopter was not accepted national and suffering from a serious disease, diagnosis is confirmed by a medical commission specialized central authority in health care;
d) the child is adopted by Moldovan citizens living abroad that was not accepted in the national adoption or guardianship or trusteeship for a year after his taking the evidence as a child for adoption;
e) the child is adopted by foreign nationals or stateless persons residing abroad if not accepted in the national adoption or guardianship or trusteeship for 2 years from the making of the show as a child for adoption.
(3) status, structure and operating principles of specialized medical committee of central authority in health care, list of diseases approved by the Government.
(4) international adoption to approve if the receiving party to the Hague Convention or has signed a bilateral agreement with Moldova in the field.
Article 34. Applying for adoption International
(1) adopters residing abroad, including Moldovan citizens living abroad who wish to adopt a child domiciled in the Republic of Moldova applying for international adoption to the Central Authority of the Republic of Moldova through the central authority in the adoption of State welcoming.
(2) Persons specified in par. (1) may apply for international adoption by a foreign organization receiving State, accredited and registered in accordance with Art. September.
(3) As confirmation of international adoption application and documents specified in Art. 36, persons referred to in paragraph. (1) shall be issued the certificate.
Article 35. Content of applications for international adoption and making the record of foreign adopters
(1) international adoption application must contain data and information provided in art. 14.
(2) application residing abroad adopter wishing to adopt a child residing in Moldova is taken on record by the Central Authority of the Republic of Moldova only if the central authority in the adoption of the receiving State or, where appropriate, foreign organizations accredited and registered in accordance with Art. 9 shows that:
a) the adopter is suitable to adopt, in accordance with the laws of the receiving State;
b) has adopter meets the moral and material security to ensure harmonious development of the child after adoption and approval, as appropriate, be prepared to care for children suffering from serious disease;
c) the adopter is familiar with adoption law in Moldova and received in the receiving of information and training necessary for international adoption;
d) is ensured by monitoring the evolution of child adoption for a period of at least 5 years;
e) are provided post-adoption services for children and families in the receiving State.
Article 36. The documents accompanying the application international adoption
(1) The application for international adoption is attached:
a) the central authority in the adoption of the receiving State, accompanied by relevant documents, including information about:
- Identity of the adopter, confirmed by a certified copy of ID;
- Capacity and skills adopter to adopt;
- The personal, family and material adopter, confirmed by certified copies of birth certificate, marriage or divorce, the certificate to work on his position and salary amount by documentation confirming the ownership or use on housing, other documentation confirming income;
- Medical situation confirmed by medical reports original separately for each adopter;
- The social environment of the adopter;
- Reasons for the adopter to adopt a child domiciled in the Republic of Moldova, as well as information about the child or children who is able to adopt them;
b) act guarantees the right of the adopted child to enter and reside permanently in the receiving State for declaration of adoption;
c) statement adopted child's right to retain citizenship of their reaching majority;
d) international adoption adoptive consent or consent of both spouses if the person wishing to adopt is married;
e) statement that the adopter agrees post-adoption follow-up;
f) the criminal record of the adopter;
g) biographical data of the adopter;
h) socio-economic and legal guarantees that will benefit children for international adoption.
(2) international adoption application and documents referred to in para. (1) shall be submitted to central authority in Moldova, accompanied by their translation, certified, in Romanian, where international treaties to which Moldova is party provide otherwise.
Article 37. Matching the adopter. Release opinion on international adoption
(1) The criteria established central authority in Moldova adopter selected according to the adopted child, adopter informing about this fact.
(2) After obtaining agreement from the adopter, the central authority of the Republic of Moldova requests the Central Authority in the adoption of the receiving State to explain the possible adoption.
(3) In the central authority in the adoption agreement of the receiving State to continue the procedure of adoption of the child, the central authority of the Republic of Moldova addressed territorial authority where the child resides a petition to continue the match of the adopter.
(4) The permit issued with the adoptive visit in accordance with Art. 28. Adopter child visits with the mandatory participation of the representative from the child's home local authority and the case manager. Number of visits required for finding compatibility territorial authority is established jointly with the case manager. Visits are conducted in a period of one to three months from the date of issuance of business license.
(5) If the child adopter's suitability for adoption, the territorial authority where the child resides shall, within five days, a report in which the adopter is exposed on compatibility and compliance with the adopted child adoption child's best interests, forwarding central authority immediately.
(6) In the report referred to in para. (5), the central authority shall, within five days, an agreement to continue the procedure of adoption or refuses in writing to his release, immediately sending the child's home local authority or refuse consent.
(7) Refusal to accept central authority continue the international adoption can be appealed to the Court of Appeal.
(8) In the agreement to continue the international adoption process and after that the conditions of art. 20-26, the territorial authority where the child resides shall, within 10 days, an opinion on international adoption, including information on developments in the relationship between the child and the adopter, the adopter is compatible with the child for adoption, adoption and compliance of interest of the child.
(9) A copy of the opinion on international adoption is remitted to the central authority within three days.
(10) If the opinion on international adoption is not favorable, the territorial authority shall communicate this fact adopter, explaining his right of appeal.
Article 38. Submitting a request for declaration of International Adoption in the Court of Appeal
(1) Upon receipt of agreement to continue the procedure of adoption of the Central Authority of the Republic of Moldova, the adopter shall, directly or through trusted foreign adoption organization, the Court of Appeal of the child's home, an application requesting approval of International Adoption .
(2) a declaration of international adoption shall contain the information specified in Art. 31 para. (2). a)-c) and be accompanied by the documents referred to in art. 36 para. (1).
(3) The present territorial court opinion on international adoption, prepared in accordance with Art. Article 37. (8), with conclusions on compatibility with the adopted child and adoptive adoption compliance interests of the child, the child's file with the documents specified in Art. 31 para. (4), and further agreements on international adoption procedure issued by the central authority in the adoption of the receiving State and the Central Authority of the Republic of Moldova.
(4) a declaration of international adoption are examined with the obligatory participation of the adopter, a representative from the child's home local authority and prosecutor.
(5) The court shall accept a declaration of international adoption only if, based on the evidence and is satisfied that adoption is in the interests of the child.
(6) The final judgment made under the central authority, it shall, within five days, a certificate stating that adoption is in accordance with the Hague Convention.
(7) Movement of Moldova adopted the child in the receiving State is possible only after the declaration of final judgment of adoption was certified. Adopted child of the adopter necessarily move together, safely appropriate to its needs.
(8) The Central Authority of the Republic of Moldova shall inform the central authority in the adoption of the receiving State, the diplomatic mission or consular post of the Republic of Moldova in this state about adoption affirmed and about moving the child to meet the requirements of Art. 45.
Article 39. Legal costs of International adoption
With the application of international adoption, the adopter pays a single fee and a fixed value representing the costs of performing all services meet the international adoption process in Moldova. The amount, manner and purpose of this tax payment is established by the Government.
Chapter VI - LEGAL EFFECTS OF ADOPTIONArticle 40. Effects on affiliation and links kinship
(1) Legal consequences arising from the adoption date when the final declaration of the judgment of adoption.
(2) Since a declaration of adoption is established between the adopted child and adoptive parentage and kinship ties between the child and the adoptive family.
(3) In determining parentage by adoption, natural kinship between the adopted child and his descendants on the one hand and biological parents and relatives, on the other hand, cease, except child adoption by the biological parent's spouse.
(4) impediment to the marriage relationship sprang from there, according to the law, both between the adopted child and his descendants on the one hand, biological parents and relatives, on the other hand, and between the child and its descendants, on the one hand, and people who become relatives by adoption effect on the other.
(5) The effects of international adoption and international adoption effect annulled the citizenship of the adopted child are set out in legislation on citizenship.
Article 41. Entry adopters as adoptive parents
(1) adopters fall in the birth of the adopted child as parents of judgment in accordance with the declaration of adoption.
(2) If necessary, at the request of the adopter or adopted child who has attained the age of 10, the court retains data about biological parents of the adopted child, a fact noted in the judgment of declaration of adoption.
(3) In the judgment of declaration of adoption, adopters request, the competent registry office operates necessary changes in the birth of the child.
(4) The legal effects of adoption, under this law, occur regardless of whether or not they are enrolled adopters as parents of the adopted child.
Article 42. Rights and obligations of adoptive parents
(1) adoptive parent to child is adopted biological parent's rights and obligations towards the child.
(2) If the adoptive parent is the biological parent of the adopted child's spouse, parental rights and duties are exercised foster parent and biological parent married him.
Article 43. Name and surname adopted child
(1) Upon adoption, the child is given the right to keep the name and surname.
(2) At the request of adopters, the court may change the name of the adopted child, if this does not affect the interests of the child and his right to name and give it the name of one of adopters and adopters (husband or wife) if the latter are named different.
(3) For good reasons, the court approve the adoption, may order, at the request of the adopter, the adopted child surname change.
(4) To change the name and / or surname adopted child who has attained the age of 10 and his consent is required.
(5) In case of change of name and / or surname adopted child, it should be mentioned that the consent judgment on adoption and competent registry office operates these changes in the birth of the child according to the rules laid down in legislation on the civil status.
Article 44. Rights and obligations adopted child
(1) Since a declaration of adoption, adopted child loses rights and property and personal non relieved of obligations to his biological parents and relatives.
(2) the adopted child to adoptive parents have rights and obligations of any kind, similar to what a person has to his biological parents.
Article 45. Post-adoption period
(1) Upon approval of adoption, the adopted child is registered with the territorial authority of residence of the adoptive parents or the Central Authority of the receiving State in the adoption if international adoption until the age of 18.
(2) post-adoption monitoring the situation of children is carried out by authorities whose evidence the child for a period of 5 years from adoption approval with the following frequency:
a) in the first year - 3 reports (3, 6 and 12 months);
b) in the second year - two reports (at 6 and 12 months);
c) in years 3, 4 and 5 - Annual Report (12 months).
(3) In the case of national adoption, evaluation reports are prepared by the territorial authority of the domicile of the adoptive parents and the central authority.
(4) In the case of international adoption, post-adoption evaluation reports to the Central Authority of the Republic of Moldova by the Central Authority of the receiving State in the field of adoption or by foreign organizations receiving state accredited and registered in Moldova. Central Authority of the Republic of Moldova calls, if necessary, diplomatic missions and consular offices of the Republic of Moldova to the welcoming information on post-adoption monitoring performed.
Article 46. Confidentiality adoption
(1) competent persons who are known to adoption are required to maintain the confidentiality of information obtained in the adoption process, including the identification of adoptive and biological parents. Otherwise, they bear legal liability as required by law.
(2) foster parent shall inform the child that is adopted as soon as age and degree of maturity allow.
(3) adoptive parent and adopted child is entitled to obtain from the central authority derived from the State Register of adoptions whose contents attest, date of birth, but not specifically disclose the identity adoption and biological parents of the adopter.
(4) The identity of the biological parents of the adopted child can be exposed to before it acquire full legal capacity only for medical reasons, with the authorization of the court, at the request of any of the adoptive parents, adopted child, the local authority or a representative medical institutions.
(5) After obtaining full legal capacity, the adopted child may request the court from home or the Court of Appeal, if he has no domicile in the Republic of Moldova, to provide access to information about the identity of his parents biological owned central authority or a registry office.
(6) The court cites territorial authority adopted child's domicile, as appropriate, the central authority and any other person whose professional knowledge may be useful in solving application, and supports to address that demand, according to available evidence, finds that access to the requested information is not damaging the integrity of the applicant's mental and emotional balance and if the adopted person concerned received advice from the appropriate authorities for adoption.
(7) To prohibit the release without the adopter or local authority extracts from civil status records or copies thereof to the effect that adoptive parents are not biological parents of the adopted child.
Chapter VII - TERMINATION OF THE ADOPTIONArticle 47. Termination of adoption
Adoption terminated as a result of the dissolution or annulment of her judicial decision.
Article 48. Disposal adoption
Adoption loosen if the adoptive parent or parents have died and the adopted child is proposed for a new adoption. Earlier adoption is considered dissolved the date when the final judgment of declaration of new adoptions if not previously was issued another court decision in this regard.
Article 49. Nullity adoption
(1) The adoption may be declared invalid if it finds that:
a) its approval was based on false documents;
b) adoption has been declared without the consent of the biological parents of the child or spouse of the adopter, if such consent was required by law;
c) adoption was affirmed in violation of substantive or procedural requirements established by law;
d) adoption was requested and no declaration of intention to produce legal effects characteristic of this form of child protection law (adoption fictional).
(2) The adoption of the declaration, the court will take into account the interests of the child. The court may refuse the application for nullity adoption if it finds that adoption is in the interest of maintaining adopted.
Article 50. The right to request the nullity adoption
(1) The right to request the nullity of adoption:
a) the territorial authority;
b) the adopted child over the age of 14;
c) biological parents of the adopted child;
d) the adoptive parents;
e) the prosecutor.
(2) When the adopted child acquires full legal capacity, the demand for nullity adoption can only submit it.
Article 51. Competence to examine the application for nullity adoption
(1) Application for nullity national adoption are examined in the court of the domicile of the adoptive parents.
(2) The request for nullity of international adoption are examined in the Court of Appeal who nodded adoption.
(3) If the adoptive parents are not home or their biological parents addressed the court at their home.
Article 52. Decision on adoption invalid
Decision on adoption invalid, the remaining irrevocable resolves territorial authority of the child's domicile or central authority for international adoption.
Article 53. Effects of termination adoption
(1) Adoption dissolved or declared null terminated judgment when a new declaration of nullity decision on adoption or adoption remains irrevocable.
(2) Upon termination of adoption due to its invalidity, terminated all rights and obligations and asset personal non of the adopted child and his descendants on the one hand and adoptive parents and their relatives on the other side. At the same time, to restore the rights and obligations between the child and his descendants on the one hand and their biological parents and relatives, on the other hand.
(3) If the biological parents are missing or returned by them contrary to the interests of the child, the court, at the request of local authority or the prosecutor, establish guardianship or guardianship of the child or territorial authority gives to the care of his home to take other protection measures set out in the Family Code.
(4) In case of termination of adoption, restoration problem child's name and surname adopted a settled court to review the request for termination of adoption. If the adopted has reached the age of 10 years, consider his opinion.
(5) In case of termination for any reason of adoption, the child may be adopted again the general rules laid down by law.
Chapter VIII - STATE REGISTER OF ADOPTIONArticle 54. State Register of adoptions
(1) for organizing and keeping track of the state level in terms of adoption, the state central registry established under Law No adoptions. 71-XVI from 22 March 2007 on registers.
(2) State Register of adoption shall include:
a) adopted children;
b) adopted children (domestic and international adoptions);
c) persons who have applied for adoption;
d) adopters (national and international adoptions);
e) foster parents (national and international adoptions);
f) foreign organizations accredited with responsibilities in international adoptions;
g) adoption has ceased.
Article 55. Organization of and transmission data
(1) for keeping the State Register of adoptions, authorities resolve territorial central authority, the terms stipulated by this law, copies of the following documents:
a) decision to issue the certificate of registration of the adopter and adopter-making;
b) the decision on determining the status of adopted child and taking the child out for adoption;
c) notice of adoption or opinion on international adoption;
d) consent judgment on national or international adoption;
e) the court decision on termination of adoption;
f) other relevant documents.
(2) In preparing the State Register of adoptions will be considered and copies of the documents referred to in para. (1), which is kept at the central authority and refers to cases of international adoption.
Chapter IX - PREVENTION AND CONTROL IN IRONING LEGISLATION ON ADOPTIONSArticle 56. Measures to prevent abuse the adoption
(1) The competent authorities in the adoption shall take all necessary measures for the prevention of illegal gains - financial or any other - that could be gained through adoption, and to suppress any action contrary to the objectives of the Convention Hague and national legislation for adoption.
(2) The provision prohibited by the adopter, on its own or through intermediaries, directly or indirectly, any illegal material benefits in the adoption authorities or officials of public institutions involved in the adoption process. Receiving or providing such benefits attract penalties provided by law.
(3) If non-compliance with conditions stipulated in this law, the central authority or the prosecutor requests the court cancel the accreditation of a foreign organization with responsibilities in international adoption in Moldova and the suspension of its activity.
Article 57. Liability for abuse the adoption
Deed parent, guardian or custodian to claim or receive for himself or another, money or other material benefits for child adoption and coercion in any way their consent to adoption shall be punished criminally. Facts are subject to criminal liability and the person who, without right, arranges or facilitates the adoption of a child to obtain a benefit or other material.
Chapter X - FINAL AND TRANSITIONALArticle 58
(1) This Law shall enter into force six months after publication.
(2) Upon entry into force of this law, the Chapter 18 and art. 162 and 163 of the Family Code no. 1316-XIV of 26 October 2000 (Official Gazette of the Republic of Moldova, 2001, no. 47-48, art. 210).
(3) Government within three months from the date of entry into force of this law:
a) Submit proposals to bring legislation in line with this law;
b) bring its legislation in conformity with this law;
c) ensure revision and abrogation by ministries and other central public administration authorities normative acts that contravene this Law;
d) approve the accreditation of foreign organizations with responsibilities in international adoption, list of services and activities they can perform, according to Article 9, will determine the amount, manner and purpose of paying tax under Art. 39, the procedures for international adoption.
(4) Upon entry into force of this law, permits accreditation organizations engaged in international adoption, issued pursuant to Regulation on accreditation organizations with responsibilities in the adoption of foreign children in Moldova, approved by Government Decision . 62 of February 3, 1994, shall become invalid.
(5) a declaration of adoption pending the entry into force of this Act the competent courts shall be settled according to the laws in force at the date of filing in court.