omanian legislation concerning the adoption of children, with specific reference to the provisions of the European Convention.
Romanian legislation contains no provisions contrary to those of the European Convention on the Adoption of Children. The regulations on this subject are consistent with the provisions of principle contained in the Constitution, namely safeguards and respect for fundamental rights concerning, respectively, personal, family and private life (Article 26) and the family (Article 44). Adoption is governed by the Family Code and by Act No. 11/1990 on authorisation for adoption.
The position of Romanian legislation in relation to the provisions of the Convention is as follows:
Article 3
Article 67 of the Family Code lays down the rule that "only minor children may be adopted". The form of words used subsequently in the same article ("an adult person may also be adopted if, during his minority, he had been brought up by the person who wishes to adopt him") is not at variance with the provisions of the European Convention, since it exceeds their scope, as defined in Part I.
Article 4
Act No. 11/1990 on authorisation for adoption attributes competence in respect of adoption to the judicial authorities (Section 1).
Article 5
1. The conditions laid down by Romanian law in respect of authorisation for adoption (Section 4 of Act No. 11/1990) include "the certified declaration of consent to adoption by the parent (mother or father) or the legitimate parents, the statutory guardian or guardians or, where appropriate, the opinion of the guardianship authority".
With regard to consent expressed by other institutions, mention should also be made of the provisions of Section 7 of Act No. 11/1990.
Section 7: "In cases where adoption concerns a child for whom placement in the care of a guardian is necessary but has not yet been carried out, the judicial authority shall give its authorisation for adoption on the basis of the opinion of the guardianship authority empowered to conduct the social inquiry.
In the situations covered by Article 109 of the Family Code, when the child is in a social welfare institution or a medical centre, the application for deprivation of parental authority may be drafted by the governing board of the institution or the medical centre.
If the child is in a social welfare institution or, as the case may be, in a medical centre, the parents may officially declare in writing, six months after the date of the declaration, their consent to the adoption of the child by the person appointed by the Romanian Committee on Adoptions, no further form of consent to the adoption being necessary".
Article 69, second paragraph, of the Family Code requires the consent of the spouse, if the adopter is married. This requirement is waived in cases where the spouse is declared legally incapable, if he/she is deprived of parental authority or if he/she is in any other situation preventing him/her from manifesting his/her will.
2. In the absence of an express provision in the legislation concerning adoption, a person harmed by action on the part of the competent authority, which runs counter to the provisions of Article 5 of the Convention, may adduce the provisions of Article 21 of the Constitution, as well as Section 1 of Act No. 29/1990 concerning administrative disputes.
Article 21 of the Constitution:
1. "Every person is entitled to defend his rights, freedoms and legitimate interests in legal proceedings.
2. No law may limit the exercise of this right."
Article 1 of Act No. 29/1990:
"Any natural or legal person who considers that his legally recognised rights have been harmed by an administrative act or by the unjustified refusal of an administrative authority to respond favourably to an application concerning a right recognis
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