Romania: Follow-up to ROM31089.E of 11 February 1999 on the requirements that foreigners must meet in order to be able to adopt children residing in Romanian orphanages; the circumstances under which parental consent (one or both parents) of children residing in orphanages is required before they can be adopted by foreigners; the age of majority; whether there are persons at or above the age of majority residing in orphanages and, if so, whether their consent is necessary before they can be adopted by foreigners (January 1995 - February 1999)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 May 1999 |
| Citation / Document Symbol | ROM31918.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Romania: Follow-up to ROM31089.E of 11 February 1999 on the requirements that foreigners must meet in order to be able to adopt children residing in Romanian orphanages; the circumstances under which parental consent (one or both parents) of children residing in orphanages is required before they can be adopted by foreigners; the age of majority; whether there are persons at or above the age of majority residing in orphanages and, if so, whether their consent is necessary before they can be adopted by foreigners (January 1995 - February 1999), 1 May 1999, ROM31918.E, available at: https://www.refworld.org/docid/3ae6ab2a74.html [accessed 22 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
An 8 March 1999 letter sent to the Research Directorate by the programme officer of the Child Protection Programme of UNICEF's Bucharest office states:
First question was about the "requirements that foreigners must meet in order to be able to adopt children" [residing in Romania]? (See Emergency Decree 25/97 [Emergency Decree of the Government No. 25 of June 9 1997], article 11 - especially, paragraph 2 and 3; paragraph 1 was modified in the text of Law 87/98)
Article 11. - 1. "The requests of persons or families with the place of residence or who reside on Romanian territory wishing to adopt will be transmitted to the Romanian Committee for Adoption within 5 days from the delivery of the attestation mentioned in Art. 6, only through the Specialized Public Services subordinated to the Commissions for the Protection of the Child, or of Romanian authorized private organizations."
(2). "The requests of persons or families with the place of residence on the territory of another State wishing to adopt will be transmitted to the Romanian Committee for Adoption only through the central authority which is responsible within respective state with Child protection and cooperation regarding the international adoption or through private organizations authorized by this central authority and Romanian Committee for Adoption. If there is not a central authority, the requests will be transmitted either through public authority of that State, designated as responsible for adoption and having signed an agreement with the Romanian Committee for Adoption or through a private organization authorized by that public authority and the committee."
(3) "In the above situation the requests have to present the following papers:
a paper issued by the foreign authorities mentioned at (2) which has to guarantee that the minor is allowed to enter and reside that State if the adoption is accepted, and the evolution after adoption is followed up;
b) a paper issued by the foreign authorities mentioned at (2) which guarantees that the person or family who have made the request are able to adopt with respect of the regulations of their national law;
c) the report of the psycho social inquiry carried out at person or family's house by the authorized foreign authorities or private organizatons which underline their opinion regarding the adoption;
d) legalized copies of birth and marriage certificates of the person or family"
(4). The request and the papers mentioned above will be sent to the Romanian Committee for Adoption only if they are doubled by legalized translation into Romanian language."
Second question [the circumstances under which parental consent (one or both parents) of children residing in orphanages is required before they can be adopted by foreigners]: The parental consent (both or one) of children is not required: (See Decree, Art. 7, paragraph 2 especially)
Art. 7, (2): "If the parents of the child have legally lost their rights as parents, passed away, under interdiction, legally declared died, unknown or are in impossibility to manifest their will and in the situation in which the child is legally declared abandoned the consent is not required." An institutionalized child can be declared abandoned if during 6 months his/her parents or relatives until fourth degree or tutors didn't pay him/her a visit.
Third question [the age of majority]: age of 18.
Fourth question [whether there are persons at or above the age of minority residing in orphanages in Romania and, if so, whether their consent is necessary before they can be adopted by foreigners]: (See Decree, Art. 7, para. (2), c)
The consent of every child is required if he or she is over the age of 10.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Reference
UNICEF, Bucharest. 8 March 1999. Letter sent to the Research Directorate by the programme officer of the Child Protection Programme.
