ons contained in these articles, the National Committee for Child Welfare, a governmental body, was set up by Romanian Government Order No. 103 of 18 March 1993. Its functions include the following:
- preparation of draft government strategies and programmes aimed at improving living conditions for children placed in child welfare institutions, as well as other categories of children;
- preparation of proposals for standard-setting instruments, with a view to improving the legal rules concerning the protection of children;
- co-operation with the Ministry of Education with a view to preparing vocational training and further training programmes for staff in the field of child welfare.
Specific functions are assigned to the Romanian Adoptions Committee, in accordance with Section 3 of Government Order No. 63/1991.
Article 20
The situations referred to in paragraphs 1, 3 and 4 are feasible; requests by adopters for these purposes must be assessed by the authority which authorises adoption, and which in all cases takes a decision solely in the interests of the adopted child.
By virtue of the provisions of Article 79 of the Family Code, in the case of full adoption and when the adopted person's family ties with all the members of his legitimate family cease to be effective, a new birth certificate will be drawn up for the adopted person, in which the adopters will be registered as his legitimate parents. The previous birth certificate will be preserved and will carry a note to the effect that a new birth certificate has been drawn up.
The provisions of Section 9, third paragraph, of Act No. 11/1991 are drafted along the same lines. The same particulars are contained in Section 20 of Decree No. 278/1960 concerning civil status records, which also indicates that the place of residence of the adopters will be entered as the place of birth.
In accordance with Article 26 of the Constitution, the public authorities respect and protect personal, family and private life. Thus, the registry authorities called upon to respond to an application for the adoption of a person are required to analyse the interest of the person who has submitted the application, while respecting the fundamental rights guaranteed by the Constitution. Consequently, the provisions of the decree governing civil status records are applied from the standpoint of Article 150 of the Constitution which states that laws and all other standard-setting instruments shall remain in force in so far as they do not infringe the Constitution.
The case provided for in paragraph 2 is covered by the provisions of Section 5 of Act No. 11/1990.
As the court hearings are not public, the competent authority deals with the application for the authorisation of adoption in the context of a sitting in judge's chambers rather than in a court room open to the public.
In addition, Article 121 of the Code of Civil Procedure permits the judicial authority to deliberate in secret.
Period covered: 17/9/1993 -
The preceding statement concerns Article(s): 1
Renewal of declaration contained in a letter from the Permanent Representative of Romania, dated 18 August 1998, registered at the Secretariat General on 2 September 1998 - Or. Engl.
With reference to the provisions of Article 7 of the European Convention on the Adoption of Children, concerning the age of the adopter, I declare, on behalf of my Government, that Romania renews for a period of five years, as from 19 August 1998, its reservation made on 18 May 1993 at the time of deposit of the instrument of accession to the above-mentioned Convention.
In accordance with the new Romanian legislation in this matter, that is to say the Emergency Order No. 25/1998, approved by the Act No. 87/1998, the minimum age of the adopter remains 18 years, with no maximum limit.
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