Adoption concluded without the fulfillment of any condition of form, substance or under the conditions of existence of an impediment is struck by nullity.
In order to approve the adoption, the following conditions are required:
a. the consent expressed in the authenticated form, of the parents or, as the case may be, of the parent when the child is adopted by a person or family proposed by the Commission for the protection of the child;
b. the favorable opinion of the Commission for the protection of the child, from the domicile of the child;
c. the child's consent, if he is 10 years old;
d. the consent of the adopting person or family.
The consent of the adopter (a single person or spouse) is made only in an authenticated form; usually the notarial form is used.
The rules also apply in the case of the consent of the natural parents with the following particulars: it can be expressed only after 45 days from the birth of the child and is revocable within 30 days since it was expressed in the form required by law.
Adoption of a child by more than one person is prohibited, unless it is done by the husband and wife, simultaneously or successively.
Only people who have full exercise capacity and who are at least 16 years older than those who wish to adopt can only adopt.
For solid reasons, the court may approve the adoption, even if the age difference between the adoptee and the adopters is smaller. Only the persons or families who present material conditions and moral guarantees necessary for the development of the child can adopt.
(Lawyer prof. Ph.D. Florea Magureanu - Prodecan Faculty of Law, Romanian-American University)
October 26, 2006
Tags International adoption Children adoption