December 7, 2001

Ordinance on International Adoption

Good news for some of us!

    Today December 7, 2001 a new Ordinance will take effect, permitting the finalization of some of the pending adoption, stopped by the moratorium.    The Ordinance is an addendum to the Ordinance # 121/2001 that temporary suspended all procedures related to international adoptions.

    Art. 1 of the Ordinance adds the following: Requests for approval to adopt Romanian children made by a foreign person or family, or a person or family of Romanian citizens permanently residing overseas, being in the Judicial System when the Ordinance was issued will be solved according to the legal regulation at that date.

    Art.2 of the Ordinance

    Adds the fact that if it is in the best interest of the child according to the National Authority for Child Protection, and approved by the General Secretary of the Government, the Romanian Government may approve requests for international adoption to be submitted to the Judicial System (Courts).

    These approvals will be granted after the National Authority for Child’s Protection will analyze the requests for adoption made by foreign or Romanian citizens residing overseas, submitted to the Romanian Adoption Committee. This category refers to families that have a completed adoption dossier submitted. The child must be identified and the Adoption Request must be submitted.

    Once the Government approved the request, the approval and the adoption dossier are submitted to the court.

    The Court decides, based on the documents submitted 10 days after the request was submitted. If a continuance is placed, the new term can be no longer than another 10 days. Subpoenas for the hearing are issued to: National Authority for the Child’s Protection and to the person or family requesting the adoption. The prosecutor will be present in court.

    The Court decision may be reversed in court within 30 days (appeal time).

    Within 3 days after the adoption decree becomes final the National Authority for Child’s Protection will issue a Document confirming that the international requirements of the Hague Convention (May 29, 1993), and Law # 84/1994 have been met.

    If you have any questions that I may answer do not hesitate to contact us at (920) 452-5358. I will be in Romania until December 19, 2001.

    Happy Holidays and I hope the New Year will bring better news.

Mirela Van Dyke

Executive Director

Van Dyke, Inc., Adoption Assistance