governing adoption, everyone is subject to his national law, if the foreign law does not infringe Romanian public order under private international law.
In addition, Section 4b of Act No. 11/1990 stipulates that adopters are required inter alia to submit the following documents: a police record certificate, a medical certificate concerning their state of health, a document issued by the competent foreign authorities certifying that they are qualified to adopt a child, in accordance with the legislation of the country in question, and the social inquiry carried out by the competent foreign authorities in the country of residence of the adopters, expressing their opinion on the adoption.
In order to obviate any situation which could convey an impression inconsistent with the actual facts, the Romanian Act authorises intervention in the adoption proceedings, under the conditions laid down by law, by anyone who shows proof of a legitimate interest (Section 8 of Act No. 11/1990).
At the same time, in the regulations relating to the consent required with a view to adoption, Romanian law - under Article 70 of the Family Code - also includes the consent of the minor child, if the latter is over 10 years old.
Article 10
The rights conferred on the adopter by the judicial authorities:
Under Romanian legislation (Family Code, Articles 75 to 79), adoption may take the following forms: a. adoption with limited effect; b. full adoption. Together with the application for adoption, the adopter must present a certified declaration mentioning the form of adoption requested (Section 4b).
a. The legal effects of limited adoption are specified in Articles 75 to 78 of the Family Code, as follows:
- the adopted person shall have the same rights and obligations with regard to the adopter as a legitimate child may have with regard to his parents;
- the descendants of the adopted person shall have the same rights and obligations with regard to the adopter as the descendants of a legitimate child may have with regard to the latter's ascendants;
- both the adopted person and his descendants shall maintain all the rights and obligations derived from natural descent and family ties;
- parental rights and obligations shall be transferred to the adopter. If the adopter is the spouse of the legitimate father or mother of the adopted person, he/she shall acquire parental rights and obligations on the same basis (adopter and legitimate father or mother married to the adopter);
- adoption shall not create family ties between the adopted person and the members of the adopter's family;
- the adopted person shall acquire the name of the adopter; if the adoptive spouses do not bear the same name, they are obliged to mention in the adoption application the family name to be borne by the adopted person. The court may authorise the adopted person to add his family name to the name acquired by adoption.
b. The legal effects of full adoption (or, under the terms of the Family Code, adoption with all the effects of natural descent) are governed by Article 79 of the Family Code:
- the adopted person shall be bound by family ties to the adopter and to the members of the latter's family, as if he were the legitimate child of the adopter;
- the rights and obligations derived from affiliation between the adopted person and his legitimate parents and the members of the latter's families shall cease to be applicable. However, the prohibition of marriage, up to and including the fourth degree of kinship, shall be applied as between the adopted person and all the members of his legitimate family;
- in cases of full adoption, the effects with regard to family name are the same.
The provisions of Romanian law dealing with the legal status of the child (rights and obligations) make no d
> 1 2 3 ... 16 17 18 19 ... 20 21
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
