Home
"New" Programs

News! January 15, 2002

NEWS…NEWS…. NEWS….

As you may know a new project for an adoption law was completed in Romania. It is my understanding that the project was not submitted for approval as of today, January 14, 2002, but it will be submitted soon.

This is an outline of the new international adoption provisions under this new project.

  1. The international adoption will only be a last solution for permanent placement of a child, and it will only take place if it is determined that it is in the child’s best interest to be placed for an international adoption.

 

  1. n order to determine that a child is available for international adoption the Department for Child’s Protection (DCP) will issue a certificate attesting that the child is available for international adoption, in other words that child could not be placed in the biological family (or it is not in the child’s interest to be placed in the biological family), extended family, for a domestic adoption, and international adoption is in the child’s best interest.

 

  1. This certificate will be submitted to the Romanian Adoption Committee (RAC) within ten days from the time it was issued.

 

  1. RAC is the Central Authority in Romania for international adoptions.

 

  1. FEES and EXPENSES:

             a.      RAC will oversee that no uncustomary financial gain will be    

                    made from the adoption processes.

    1. RAC will determine a maximum fee, based on the customary adoption costs and expenses. This fee will be paid by the adoptive parents through bank transfer, in an account designated by the National Authority for Child’s Protection and Adoption (NACPA).

    2. Exceptional fees for additional medical screening may be charged, only and with the adoptive parents’ consent. The adoption agency will inform and obtain the adoptive parents consent for these medical expenses.

    3. It is illegal to offer or solicit money, donations or gifts either by the adoptive parents, or any organization that may influence the course of an adoption.

  1. ADOPTION REQUESTS:

    1. All adoption requests are submitted to RAC. An Adoption Central Authority or an accredited adoption agency from the country of residence of the adoption parents will submit the documents. If it is an adoption agency it will be accredited according to the standards issued by the National Accrediting Authority.

    2. The requests will be evaluated to decide if the adoptive parents qualify to adopt from Romania. The way the parents were prepared for the adoption is also determined. The post-adoptive services for the child and family have to be assessed, and found reliable for the well being of the child and adoptive family.

  2. ADOPTION DOSSIER:

    1. Home Study.

    2. Certified copies of birth and marriage certificates

    3. Medical reports for adoptive parents.

  3. MATCHING PROCESS:

a.      DCP is responsible to prepare the child for adoption, based on the child’s age and maturity. The child’s desire to be adopted will be evaluated. If older than 10 the child must consent to the adoption.

    1. If DCP cannot identify a domestic adoptive family, a request for international adoption will be submitted after 120 days.

    2. RAC will evaluate the Certificate issued by DCP and will select up to 5 adoption dossiers. They will be submitted to DCP.

    3. The final matching will be the duty of DCP.

    4. The decision will be send to RAC.

    5. RAC will inform the Central Authority or Adoption Agency in the country of residence of the adoptive parents.

    6. The Central Authority or Adoption Agency will also approve the adoption to proceed.

    7. INS approval is secured.

  1. ADOPTION PROCEDURES:

    1. The adoptive parents will travel to Romania for a minimum five days stay.

    2. They will meet the child.

    3. They will consent with the adoption.

    4. A report based on the meeting between the child and parents will be prepared. The report will be submitted to the Court.

    5. The court will be petitioned by the DCP or by the adoptive parents.

    6. The adoptive parents, the DCP and the prosecutor will be part of the court procedures. The parents do not have to present in court, unless specifically requested by the court.

    7. The adoptive process will take place in the Court in the area where the child resides. If it cannot be determined where the child’s resides the adoption hearing will take place in Bucharest.

    8. No trial fee will be required for adoption hearings.

    9. The adoption decree will include the post-placement supervision reports schedule. (Two reports annually for a period of three years will be submitted to RAC).

    10. The appeal time is 15 days. The adoption becomes irrevocable if not appealed within 15 days.

  2. PLACEMENT OF THE CHILD: The adoptive parents will spend time with the child before the child leaves Romania, so that the transition will be smooth. The Central Authority in Romania will assess the travel plans for the child, and the adoptive parents will escort the child unless there is an exceptional situation.

  3. The adoption gives the adoptive family the parental rights.

  4. A certificate of Conformity, attesting the adoption was done according to the provision of the Hague Convention will be issued within 5 days after the adoption becomes final.

  5. Adoption Information, including:

-   The history of the child

-    The identity of the biological parents and siblings

-    Information and reports about the child

-    Medical information

-    Letters and pictures supplied by the biological family

-    Original birth certificate

will be safely and securely preserved for a period of 75 years by RAC. They will be available to the child once he/she reaches the age of 18 years. Otherwise the information will only be disclosed if they will be vital for the adoptive child and/or a biological family member.

  1. Private Organizations: DCP may contract specialized private organizations to assist in:

-   Preparing reports regarding the child

-   Getting the child ready for adoption.

-   Creating a book with the story of the child.

-   Other services.

These organizations must be not-for-profit and accredited. Their activity will be periodically assessed and monitored by the National Accreditation Authority.

 

 

Reading this project I see some major differences between the old and the new procedures.  Most of the differences are related with the activity if the agency, and will not affect the adoption process from the adoptive family’s point of view.

 

The major difference:

-   The parents will travel to Romania at the beginning of the adoption procedures. I did not see any exceptions being granted for the initial trip. It is not determined the amount of time the parents must spend with the child, but I assume that a week trip will be more or less the standard, for a young child. I do not know if special medical reasons will allow just one parent to travel.

Also a lot of questions are not answered yet. I intend to travel to Romania as soon as this project becomes law.

 

For any questions please contact our office.

 

Sincerely,

Mirela Van Dyke