Human Rights Report on Moldova: Adoption

Adoption is one of the forms of protection of children without parental care. The given domain is regulated by the Law on the legal status of adoption No. 99 of 28.05.2010, published in Monitorul Oficial No. 131-134/441 of 30.07.2010, following to come into force six months later.  According to Article 58, paragraph (3), letter b) of the mentioned law, the Government shall adjust its legislation in conformity with this law within three months from the date of its entry into force. The ombudsman found that the Law on the legal status of adoption remained inoperative in the period of 2011, due to the delay in adjusting the legal framework in the planned time limit. However, the provisions of the law have never been applied, neither for national, nor for international adoptions.

The ombudsman considers that by these actions the State deprives the children of the right to social protection guaranteed by the Constitution, and at the same time, by delaying the mentioned earlier processes, it limits the right of habitation in the family. In this sense, the state is facing confusion at the level of policies, because on one side, reforms are being implemented (such as the reform of the residential system) that are designed to give children the opportunity to grow and develop in a family environment, but on the other side, the delay in the development and implementation of some mechanisms, such as adoption, which can contribute to the application of the right of children deprived of parental care, is inexplicable.

However, according to the ombudsman’s opinion, in the case of adoption, as well as in the case of other similar mechanisms, meagre financial support from the state is another obstacle that prevents adoption from becoming an effective and widespread mechanism for the protection of children remained without parental care.
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