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21 December 2024

Adoption in Romania. How to Adopt a Child in Romania? Romanian Adoption

Adoption in Romania opens doors to creating a loving family and offering a brighter future for children in need. Whether you're looking to adopt a child in Romania, explore Romanian adoption laws, or work with an experienced adoption lawyer, understanding the process is key. From domestic and international adoption to fosterage, infant adoption, and private adoption, this guide will walk you through everything—from finding adoption centers near you to navigating paperwork and costs. Let’s dive into the rewarding journey of adoption Romania and building your adoptive family

 

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Adoption can be a life-changing journey, offering a loving home to children in need and fulfilling the dreams of adoptive parents. In Romania, the adoption process is regulated by law to ensure the best interests of the child. Whether you’re considering adoption Romania or are interested in international adoption, understanding the steps, costs, and resources involved is crucial.

 

In this article, we’ll cover the essentials of adoption in Romania, including the adoption process, finding adoption lawyers, and insights on fostering and infant adoption.

 

Understanding Adoption in Romania

 

Adoption in Romania is a legal process that establishes a familial bond between the adoptive parent (adopter) and the adopted child, creating not only parental ties but also extending kinship relationships to the adopter’s relatives. This structured procedure ensures that adoptive families and adoptees experience the rights and responsibilities of a natural familial connection, integral to Romanian adoption laws.

 

Adoption in Romania follows a structured legal framework designed to safeguard the rights and well-being of the child. Both domestic adoption and international adoption are possible, depending on your eligibility and intentions.

 

Legal Framework for Adoption in Romania

 

Romania ratified the Hague Convention on Child Protection and Cooperation in Respect of Intercountry Adoption through Law No. 84/1994, aligning its adoption practices with international standards. The central authority overseeing intercountry adoption in Romania is the National Authority for the Protection of the Rights of the Child and Adoption (ANPDCA).

 

ANPDCA handles intercountry adoption applications, grants consent for the continuation of the adoption process, and issues Certificates of Eligibility, as stipulated under Articles 17(c) and 23 of the Hague Convention. ANPDCA is the central authority managing both domestic and international adoptions, safeguarding the rights of adoptees and adoptive parents alike.

 

Romania's adoption laws are governed by a comprehensive legal framework that ensures the welfare of the child and regulates the adoption process. Here’s an overview of the key legal provisions and regulations governing adoption in Romania. Core Legislation on Adoption in Romania:

 

  • Civil Code (Law No. 287/2009): adoption-related provisions are outlined in Chapter III (Articles 451-482); defines full adoption as a legal act establishing natural filiation between the adopter and adoptee, and familial ties between the adoptee and the adopter's relatives; Prohibits adoption between siblings and by individuals lacking full legal capacity, those with mental disabilities, or those convicted of specific crimes (e.g., crimes against family, child pornography, or drug trafficking).

  • Law No. 138/2011 ratifies the European Convention on the Adoption of Children (revised) signed in Strasbourg in 2008, reaffirming Romania’s commitment to international adoption standards.

  • Law No. 84/1994 ratifies the Hague Convention on Child Protection and Cooperation in Intercountry Adoption, ensuring international adoptions adhere to globally recognized standards.

  • Law No. 273/2004 on the Adoption Procedure sets out the domestic adoption process.

  • Government Decisions No. 579/2016 Approves the implementation of the adoption procedure outlined in Law No. 273/2004 and No. 1441/2004 authorizes foreign private bodies to operate in intercountry adoption.

  • Emergency Ordinance No. 11/2014 implements reorganization measures for public administration related to adoption procedures.

 

Types of Adoption in Romania

 

  1. Domestic Adoption: For Romanian citizens or residents looking to adopt a child in Romania.

  2. International Adoption: Available for adoptive families residing outside Romania, often facilitated by adoption agencies.

 

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The Adoption Process in Romania

 

The adoption process in Romania involves several stages, all of which are overseen by ANPDCA.

 

  1. Declaring child adoptable. In Romania, a child is declared adoptable only under specific circumstances expressly outlined by the law. This declaration is a critical step in the adoption process, ensuring that all efforts to reunite the child with their biological family or extended relatives have been exhausted. The process typically involves the following:

    1. Legal and Social Evaluation: Authorities evaluate the child’s situation to confirm that adoption is in their best interest.

    2. Termination of Parental Rights: If the biological parents are deemed unfit or have relinquished their rights, the court formally terminates their parental rights.

    3. Approval by Authorities: The declaration of adoptability is issued by the competent child protection authorities, such as the ANPDCA, after all legal requirements are met.

    4. This declaration ensures that the child is eligible to enter the adoption process, allowing prospective adoptive parents to proceed while prioritizing the child’s welfare.

  2. Initial Inquiry: Start by contacting an adoption center or local government agency. Many prospective parents search for “adoption centers near me” or “adoption agencies near me” to begin their journey.

  3. Eligibility Assessment: Authorities assess whether prospective adoptive parents meet the requirements, including financial stability, emotional readiness, and a clean criminal record.

  4. Registration: Approved applicants are added to a list of potential adoptive families.

  5. Matching Process: A child is matched with the adoptive family based on compatibility and the child’s needs.

  6. Adoption Paperwork: Detailed documentation must be completed with the help of an adoption lawyer or an adoption attorney near me to ensure legal compliance.

  7. Final Approval: The court formalizes the adoption, making the child a legal member of the adoptive family.

 

International Adoption in Romania Process.  Intercountry Adoption Requirements for Children in Romania

 

Intercountry adoption in Romania is strictly regulated to prioritize the welfare of the child and ensure compliance with national and international laws. Children habitually residing in Romania can only be adopted by individuals or families habitually residing abroad if they meet specific conditions outlined below:

 

Step I: Submission of the Intercountry Adoption Application in Romania

 

Eligibility Criteria for Intercountry Adoption in Romania

 

Intercountry adoption is permitted only in the following circumstances:

a) Family Relationship: The prospective adopter or one of the prospective adoptive parents is a relative within the fourth degree (inclusive) of the child.

b) Romanian Citizenship: The prospective adopter or one of the adoptive parents holds Romanian citizenship. Adoption by a Romanian citizen habitually residing abroad is allowed only if:

  • The child has been registered for adoption, and an application for initiating legal adoption proceedings has been approved.

  • No suitable adopter or adoptive family habitually residing in Romania or meeting criteria under point (a) is identified within one year from the court's final judgment approving the initiation of legal adoption proceedings.

c) Spouse of Biological Parent: The prospective adopter is the spouse of the child’s biological parent.

 

Steps for Prospective Adoptive Families Abroad in the Context of Romanian Adoption

 

To begin the intercountry adoption process, individuals or families habitually residing in a foreign country (a signatory to the Hague Convention on Intercountry Adoption) must:

  • Verify Eligibility: Ensure they meet one of the criteria outlined above (points a-c).

  • Contact Central AuthoritiesReach out to the central authority for intercountry adoption in their home country or an authorized private body for detailed information on adoption procedures.

  • Obtain Certification: Work with foreign social services to complete the assessment and secure a Certificate of Eligibility to Adopt.

  • Submit Application: Submit the intercountry adoption application to the National Authority for the Protection of the Rights of the Child and Adoption (ANPDCA).

 

By adhering to these stringent regulations, Romania ensures that intercountry adoption upholds the best interests of the child, aligns with international agreements, and provides a secure and loving environment for adoptees.

 

Step II: Registration of the Intercountry Adoption Application in the National Adoption Registry in Romania

 

Required Documentation for Submitting an Intercountry Adoption Application to ANPDCA. To record an intercountry adoption application with the ANPDCA in Romania, applicants must submit the following documents along with the standard application form: identity and Legal Status: Passport or Identity Card, Statutory Declaration, Relationship to the Child (if applicable), Proof of Relatedness: Supporting documents showing the degree of relatedness to the child, Criminal and Medical Background.

 

By fulfilling these requirements, prospective adoptive parents ensure their application complies with Romanian adoption laws and aligns with international standards.

 

Step III: Initial Matching Process for Intercountry Adoption in Romania

 

The initial matching process for intercountry adoption is designed to prioritize the best interests of the child and ensure a suitable match with prospective adoptive families. This process is conducted at the local level by the child’s case manager from the General Directorate of Social Assistance and Child Protection (GDSACP) responsible for the area where the child resides.

 

This structured approach ensures that the child’s emotional, developmental, and familial needs are placed at the forefront of the matching process, aligning with both national and international adoption standards.

 

Step IV: Notice regarding the Initial Matching Process

 

If the initial matching procedure identifies that a prospective adopter or adoptive family habitually residing abroad meets the needs of the child, the following steps are undertaken to move forward with the adoption process: notification and documentation from ANPDCA to the central authority or accredited foreign organization in the adopter’s country about the match.

 

This thorough procedure ensures that all legal, logistical, and emotional considerations are addressed before advancing to the practical stages of adoption, safeguarding the welfare and rights of the child throughout the process.

 

Step V: Practical Matching Process in the Intercountry Adoption in Romania

 

Once the prerequisite requirements for practical matching are fulfilled, the prospective adoptive individual or family selected during the initial matching stage proceeds with the following steps to establish a bond with the child: Residency Requirement, Bonding Activities, Encounter Requirements, Matching Report.

 

This structured approach ensures that both the child and the adoptive family have ample opportunity to form a meaningful bond, facilitating a smooth transition into a new family environment.

 

Step VI: Adoption Approval and Finalization Process in Romania

 

Once the practical matching process is completed and the child and adoptive family have formed a suitable bond, the adopter/adoptive family can proceed with the legal adoption process by submitting the adoption approval application to ANPDCA. The following steps outline how the adoption moves forward from this point: Submitting the Adoption Approval Application, Consent Before the Court, Court Approval.

 

Final Adoption Approval and Effects

  • Parental Rights and Obligations: After the court renders the final adoption approval judgment, the adoptive parents are granted full parental rights and responsibilities, similar to those of biological parents.

  • End of Biological Parental Rights: The family relationship between the child and their biological parents is legally terminated.

  • New Birth Certificate: A new birth certificate is issued for the child, listing the adoptive parents under the "parents" section, formalizing the child's new legal family ties.

 

This process ensures that once the adoption is approved, the child becomes a permanent, legally recognized member of the adoptive family, with all the rights and protections that come with it.

 

Step VII: Issuance of the Adoption Certificate in Romania

 

Following the final adoption approval judgment, ANPDCA will issue an official adoption certificate at the request of the adopter or adoptive family. This certificate verifies that the adoption complies with the requirements of the Hague Convention on Intercountry AdoptionThis document is essential for facilitating the adoption process across borders, particularly when the adoptive family resides in a different country, as it ensures that the adoption is legally compliant with international standards.

 

 

Step VIII: Child's Travel to from Romania to the Receiving State

 

After the final adoption approval judgment has been granted, the adoptee is legally allowed to travel from Romania to the country where the adopter/adoptive family habitually resides. These final steps help to ensure that the adoptee’s journey is safe and compliant with both Romanian and international adoption regulations.

 

Costs Associated with the Romanian Adoption

 

Understanding adoption costs is critical for adoptive parents. Costs can vary depending on whether you pursue domestic, international, or private adoption. Here’s a breakdown on Romania Adoption:

 

  • Agency Fees: Cover services provided by adoption agencies.

  • Legal Fees: Hiring an experienced adoption attorney near me or an adoption lawyer is essential for navigating the process.

  • Paperwork Costs: Includes administrative fees for completing necessary documentation.

  • Travel Expenses: Especially relevant for international adoption.

 

The Role of Adoption Lawyers in Romania

 

Navigating the adoption process requires legal expertise. An adoption lawyer ensures that all legal requirements are met and represents your interests in court. When searching for “adoption lawyers near me,” look for professionals experienced in Romanian adoption law.

 

Adoption attorneys are particularly helpful in:

 

  • Drafting and reviewing adoption paperwork.

  • Liaising with adoption agencies or birth families.

  • Ensuring compliance with international adoption regulations.

 

The Emotional Side of Adoption: Primal Wound

 

Adoption isn’t just a legal process; it’s an emotional journey for both the adoptive family and the child. Adoptees may face challenges related to their identity, including the concept of the primal wound—a term describing the emotional impact of being separated from birth parents.

 

Open Adoption vs. Closed Adoption

 

  • Open Adoption: Allows ongoing contact between the adoptee and biological family.

  • Closed Adoption: No contact between the child and birth family post-adoption.

 

Adoptive parents should prepare for these emotional dynamics and seek support from adoption counselors or support groups.

 

Adoption Options: Infant, Fosterage, and Adult Adoption

 

  1. Infant Adoption: Adopting a baby is a popular choice for families desiring a young child. Adoption agencies specializing in infant adoption can guide you through the process.

  2. Fosterage: Fostering a child is a temporary arrangement but can lead to permanent adoption in some cases.

  3. Adult Adoption: Often pursued for legal or emotional reasons, such as formalizing a long-standing family relationship.

 

Adoption Centers and Agencies in Romania

 

Finding the right adoption center in Romania or a Romanian adoption agency is a critical step. Search for “adoption agencies near me” or explore government resources for a list of certified organizations.

 

Reputable agencies provide:

 

  • Counseling services for adoptive families and adoptees.

  • Assistance with the matching process.

  • Support with adoption paperwork and legal formalities.

 

Challenges in the Romanian Adoption Process

 

Adoption, while rewarding, comes with challenges. Prospective adoptive parents may face:

 

  1. Lengthy Timelines: The process can take months or years.

  2. Emotional Strain: Both adoptive families and adoptees may experience stress and uncertainty.

  3. Complex Paperwork: Hiring an experienced adoption lawyer is crucial to avoid delays or errors.

 

Building a Strong Adoptive Family

 

Creating a nurturing environment is essential for building a strong adoptive family. Tips include:

 

  • Open Communication: Discuss adoption openly with your child.

  • Cultural Integration: Embrace the child’s heritage, especially in international adoption.

  • Support Networks: Join groups for adoptive families to share experiences and advice.

 

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Final Thoughts on Adoption in Romania

 

Adoption in Romania is a beautiful way to provide a loving home to a child in need. Whether you’re pursuing domestic adoption, international adoption, or fostering, understanding the legal, emotional, and financial aspects is crucial.

 

Partnering with an experienced adoption lawyer, researching “adoption agencies near me,” and preparing for the journey ahead will help ensure a successful adoption process. Remember, the ultimate goal is to create a supportive, loving environment for your new family member.

 

If you’re ready to begin your journey, contact an adoption center or us a Romanian adoption lawyer. Together, we can make a difference in a child’s life. By focusing on key aspects like adoption agencies, the role of adoption lawyers, and the emotional journey of adoptees, this guide provides a well-rounded view of adoption in Romania.

 

For any question regarding the adoption in Romania or how can you adopt a child in Romania, feel free to reach out to us at tudor@roadvocacy.ro or use the contact form on our website at www.roadvocacy.ro.

 

The blog of the Romanian lawyer

 

 

 

The Lawyer's corner is nothing else but a legal blog dedicated only for entrepreneurs and investors in Romania 

 

Weekly usefull posts about the investors' first steps in Romania, from the perspective of practicing business law, servicing our clients' needs and litigation, written and published by a Romanian litigation lawyer with over 15 years experience

 

 

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