istinction between legitimate children, illegitimate children and adopted children.
Article 11
1. Under Section 9, last paragraph, of Act No. 11/1990, "the citizenship of the adopted person is subject to the law on Romanian citizenship". Among the methods for obtaining citizenship (Section 4b), the Act on Romanian citizenship (No. 21/1991) includes adoption, as regulated by Section 6 of the same Act:
Section 6: "Romanian citizenship may be acquired by a child who is a foreign citizen or has no citizenship by means of adoption, if the adopters are Romanian citizens and if the adopted person is not aged over 18. In cases where only one of the adopters is a Romanian citizen, the citizenship of the adopted minor person shall be decided by mutual agreement between the adopters. If the adopters fail to reach an agreement, the judicial authority empowered to authorise adoption shall decide on the citizenship of the minor, taking into account the latter's interests. If the child is aged over 14, his consent is required."
2. A minor child of Romanian citizenship who is adopted by a foreign citizen loses Romanian citizenship if the adopter or adopters expressly so request and if the law of the adopter's country stipulates that the adopted person shall acquire the citizenship of the adopter. If the adoption is declared void or annulled, a child aged under 18 is considered never to have lost Romanian citizenship.
Article 12
No regulation under current Romanian legislation limits the number of children who may be adopted by the same adopter, and the fact of not having children is not a required condition for fitness to adopt.
With regard to paragraph 3 of this article, the law is applicable to all children - as was mentioned above - without discrimination on the basis of their legal status (legitimate children, illegitimate children or adopted children). All children enjoy the same rights.
Article 13
The Family Code stipulates the possibility of revoking adoption, but this measure can only be taken by the judicial authority, at the request of one of the parents (mother or father), in the absence of his/her consent to the adoption, or at the request of the adopted person, the legitimate parents, social welfare institutions, the guardianship authority or the administrative organs, if this is in the interest of the minor child. If the adopted person is aged over 14, his consent is also required.
Article 14
The Romanian Committee on Adoptions was set up by Romanian Government Order No. 63 of 22 January 1991. This governmental body is intended to contribute to the protection of adopted minor children and to international co-operation in the field of adoption (Article 1). Moreover, in accordance with Article 5, the Romanian Adoptions Committee is empowered to request and to transmit to ministries, to specialised central organs of the State administration and to other public bodies, the documentation, data and information needed for the fulfilment of its functions.
Article 15
Section 11 of Act No. 11/1991 imposes a prison sentence ranging from 1 to 5 years on any parent, guardian or statutory guardian who claims or receives financial or material benefits for the adoption of a child, whether for his own benefit or for the benefit of others. The same sentence is imposed on anyone who, with a view to obtaining undeserved material advantages, facilitates or acts as an intermediary for the adoption of a child.
By virtue of the options provided for in Article 2 of the European Convention, Romania has declared, in accordance with Section 2, second paragraph, of Act No. 15 of 25 March 1993 concerning Romania's accession to this Convention, that it gives effect to Articles 18, 19 and 20 of Part III of the Convention.
Articles 18 and 19
With a view to the implementation of the provisi
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