ed by law, may appeal to the competent judicial authority to have the act set aside, for recognition of the right in question and for compensation for the damage caused to him."
3. With regard to Article 5 para. 3 of the Convention, see the comments set out below; the relevant situations are specified in the legislative texts referred to.
4. Romanian legislation does not expressly provide for cases where, for purposes of adoption, the consent of the mother should be given only after the birth of the child. However, from an examination of the texts governing this matter, it appears that such consent could only be given after the birth of the child.
Arguments: Consent to adoption is given in the form of an officially recorded declaration (Section 4, Act No. 11/1990). For this purpose, the person making the declaration must go to a notary's office. In pursuance of Decree No. 377/1960 on the organisation and functioning of notaries offices, the notary confirms the authenticity of the declarations made before him, certifying that the person in question has full possession of his mental faculties and is freely expressing his will. In practice, a parent who consents to the adoption of his/her child, presents the child's birth certificate to the notary, and this document certifies the identity of the child in the officially recorded declaration.
Article 6
Under the terms of Article 69 of the Family Code, "the adoption of a child by several persons is not authorised, except in cases where it is carried out by the two spouses simultaneously or successively". Romanian legislation envisages the possibility of adoption by one spouse of the (legitimate or adopted) child of the other spouse (Articles 69 and 78 of the Family Code), and does not prohibit the adoption of a child who had previously been adopted, following the death of the adoptive parents or in the event of the annulment or revocation of the adoption.
Article 7
Under the terms of the reservation made by Romania, the statutory provisions concerning the age of the adopter are governed by the Family Code. Article 68 provides that "adoption may be authorised only in the case of persons of full age who fulfil the conditions required for guardianship and who are at least 18 years older than those whom they wish to adopt". For well-founded reasons, the judicial authority may authorise adoption even if the difference in age is less than the one prescribed above. The provisions of paragraph 2b of Article 7 of the Convention are drafted along the same lines.
Romanian legislation provides for no upper age limit for adopters.
Articles 8 and 9
In accordance with Section 5 of Act No. 11/1991, adoption is authorised by the judicial authority, subject to observation of the essential conditions stipulated by the Family Code, and the authority has the possibility of taking any evidence authorised by law. A social inquiry is compulsory in such cases.
Article 66 of the Family Code stipulates that adoption can only be implemented in the interest of the adopted person. Under Article 72 of the same code, adoption is made conditional on the finding that the adopter can ensure the normal physical and moral development of the adopted person, and it is specified that adoption cannot have as its aim the exploitation of the adopted person or other unlawful interests. At the same time, in the case of international adoption, under the conditions laid down by Section 9 of Act No. 11/1990, the court shall come to a decision on a request for authorisation with a view to adoption, so that the minor child may enjoy the benefit, in a foreign country, of similar guarantees and standards to those applicable in a case of national adoption.
Section 6 of Act No. 11/1990 expressly refers to situations where the adopter or the adopted person is an alien: "with regard to the essential conditions
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