Probleme controversate privind protecłia copilului si adopłia
Controversial problems regarding child protection and the adoption

Summary/Abstract: The herein study aims at analyzing a number of recent regulations and jurisprudential aspects, which emphasize either the late enforcement of the international provisions on child protection, or the unsteadiness of the institutions competent of taking the specific measures, provided by law. This is because the child protection, both by means of the parents or with the help of substitute institutions (such as the adoption), represents a reference point of paramount importance for the present society, in which the respect shown for the fundamental rights equals the actual democracy. The first problem we approached in this framework is that of the minimum age for marriage. The second one regards the decision No. 369 of March 20th,2008 of the Constitutional Court of Romania, which stated that certain provisions of the Law No. 273/2004 on the legal regime of adoption were unconstitutional, as they were not in accordance with Art. 20 of the Constitution related to Art. 5 paragraph 1 letter a, and Art. 9 paragraph 1 of the European Convention on Child Adoption, since they did not require the natural parents’ consent before the court, together with the adoption grant application.

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