Neconstituţionalitate. Reprezentarea părinţilor fireşti prin curator special, în procedura deschiderii adopţiei, în ipoteza în care nu pot fi găsiţi
Unconstitutionality. Representation of the natural parents by a special guardian in the procedure for opening an adoption, in the event that they cannot be found

Summary/Abstract: In the adoption process, the natural parents must benefit from the right to defense, a fundamental right guaranteed by Article 24 of the Constitution. The differential legal treatment in Article 31, paragraph 3, sentence III of Law No. 273/2004 lacks objective and reasonable justification, creating discrimination regarding the right to defense. This violates both Article 16, paragraph 1 of the Constitution, which prohibits discrimination, and Article 24 of the Constitution regarding the right to defense [CC, Decision No. 106/2023, published in Official Gazette No. 310 on April 12, 2023]. .

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