ANALIZA PROCEDURII ADOPȚIEI INTERNE ÎN SISTEMUL DE DREPT ROMÂNESC
AN ANALYSIS OF THE INTERNAL ADOPTION PROCEDURE IN THE ROMANIAN LAW SYSTEM

Author(s): Ioana-Andreea Irina, Maria-Mirabela Irina
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Roman law
Published by: Editura Universităţii Vasile Goldiş
Keywords: adoption; adopted; the best interest of the child;
Summary/Abstract: Adoption is a legal operation through which the link of filiation is created between the adopter and the adopted, as well as kinship links between the adopted and the adopter's relatives. Adoption in Romania is regulated by Law no. 273 of 2004 regarding the adoption procedure, amended and suppleented with subsequent amendments and supplements, completed with Law no. 272 of 2004 on the protection and promotion of children's rights. Internal adoption is the adoption in which both the adopter or the adopting family and the adopted have their habitual residence in Romania. In order for internal adoption to be concluded legally, certain substantive conditions must be met regarding the adopted person and regarding the adopting person or the adopting family, in terms of form and there must be no impediments to the adoption. The substantive conditions regarding the adopted person refer to the fact that the adoption must be approved in the best interest of the child; at the age of the adopted [according to art. 455 para. (1) Civil Code, "the child can be adopted until the acquisition of full exercise capacity"'', to the fact that the adopted child is deprived, temporarily or permanently, of the protection of thenatural parents or, in order to protect his interests, cannot be left in their care (art. 44 of Law no. 272/2004, and art. 454 para. (1) Civil Code); with the consent of the adopted, if he has reached the age of 10, provided by art. 15 of Law no. 273/2004 and art. 463 para. (1) lit. b) Civil Code and the consent of the natural parents or, as the case may be, of the child's guardian, provided by art. 463 para. (1) Civil Code. The substantive conditions regarding the adopting person or the adopting family are as follows: the adopter or the spouses in the adopting family must have full legal capacity, a condition provided by art. 459 Civil Code; the age of the adopter (according to art. 460 Civil Code, "the adopter must be at least 18 years older than the adopted); the ability to adopt, this being required by art. 13 of the Adoption Law and art. 461 Civil Code and the adoption consent of the adopter [art. 16 of Law no. 273/2004 and art. 463 para. (2) lit. c) Civil Code]. The formal conditions are the acts fulfilled during the domestic adoption. The impediments to adoption are the following: the impediment to the separation of siblings by adoption; the impediment resulting from kinship; the impediment deriving from being a spouse or ex-spouse; the impediment resulting from a mental illness or mental handicap and the impediment to simultaneous or successive adoptions and adoptions by persons of the same sex.

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