LAW OF THE REPUBLIC OF MOLDOVA

of May 28, 2010 No. 99

About legal regime of adoption

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Regulation subject

This law regulates the legal relationship concerning:

a) protection of the rights of the child by adoption or adoption (further - adoption);

b) establishments of legal regime of adoption;

c) interactions of bodies of public management with non-governmental organizations for providing to the child of healthy family environment;

d) international cooperation in the field of protection of the rights of the child by adoption.

Article 2. Basic concepts

In sense of this law the following basic concepts are used in value:

adoption - the special form of protection applied in the best interests of the child owing to which are established relationship between the adopted child and the adoptive father, and also family relations between adopted and the adoptive father's relatives;

national adoption - adoption in case of which as the adopted child, and the adoptive father or the adopting family live in the Republic of Moldova;

the international adoption - adoption in case of which the adopted child lives in the Republic of Moldova and the adoptive father or the adopting family - abroad or the adopted child lives abroad, and the adoptive father or the adopting family - in the Republic of Moldova;

the adoptive father - married couple (the husband and the wife); person who is not married; the person who is married, but adopting independently, being the child's relative to the fourth degree of relationship inclusive; person with whom the child established the close relations (including neighbors or friends of the family) which submitted the application for adoption and registered by bodies with powers in the field of adoption according to this law;

the certificate of the adoptive father - the document confirming its capability to adoption following from accomplishment of the moral guarantees and material conditions necessary for all-round and harmonious development of the child as a result of adoption issued to the adoptive father in the procedure provided by this law;

the adopted child - the child registered for the purpose of adoption answering to all conditions provided by this law for adoption establishment;

the adopted child without special needs - the adopted child aged up to 7 years;

the adopted child with special needs - the adopted child:

a) concerning which extent of restriction of opportunities, including the adopted child with the increased risk of the subsequent development of heritable diseases and/or with the complicated heritable/genetic anamnesis is established;

b) to which 7 years were performed;

c) having one or several brothers / sisters;

the residence of the child - the place in which there is child which can be: the residence of parents, one of parents, guardian or custodian, the location of social organization or organization of family type or place determined by the judgment;

processing case - the specialist of department/management of social security and protection of family, Management in protection of the rights of the child of municipium of Chisinau or social organization in which the child responsible for development and implementation of the individualized plan of the help to the child is arranged;

the adoptive parent - the adoptive father who adopted the child;

permission to visit - the written permission issued to the adoptive father in the course of matching for visit of the child in view of possible adoption;

matching of the adoptive father - the procedure of selection of the adoptive father for the adopted child taking into account age of the child and the adoptive father, needs of the child and opportunities of family on their satisfaction, psikhologo-medical features of the child, recommendations of authorized body in the field of adoption and organization in which the child is arranged.

Article 3. Basic principles of adoption

Protection of the rights of the child by adoption is implemented on the basis of the following basic principles:

a) observance of basic rights and freedoms of the child;

b) respect for the best interests of the child;

c) informing the child and accounting of his opinion according to its age and degree of maturity;

d) priority of national adoption over international;

e) succession in rashcheniye and education of the child taking into account its ethnic, cultural and language origin;

f) speed in accomplishment of all actions in the course of adoption;

g) guaranteeing confidentiality of the data received in the course of adoption concerning identification data of the adopted child, the adoptive father, and also biological parents.

Article 4. Informing child and accounting of his opinion

(1) Throughout the procedure of adoption the authorized body in the field of adoption around which activities the child lives shall provide it, according to its age and degree of maturity, accurate and complete data and explanations on stages and duration of process of adoption, on adoption consequences, on the adoptive father and his relatives.

(2) the Purpose of informing the child is its preparation for adoption and integration into family environment.

(3) in the course of adoption the opinion, desires and feelings of the child depending on its age and capability of understanding are considered.

Chapter II. Institutional base

Article 5. Authorized bodies in the field of adoption

(1) In the Republic of Moldova authorized bodies in the field of protection of the rights of the child by adoption are:

a) The Ministry of Labour and Social Protection (further - the central body);

b) departments/management of social security and protection of family, Management on protection of the rights of the child of municipium of Chisinau (further territorial authority of guardianship).

(2) Under the central body the Advisory board on adoptions, structure and provisions about which activities affirm the Government, is effective.

Article 6. Powers of the central body in the field of adoption

(1) the Central body is authorized to provide accomplishment of the obligations undertaken by the Republic of Moldova owing to accession to the Hague Convention about protection of children and cooperation concerning the international adoption of May 29, 1993 (further the Hague Convention) and to other agreements in the field.

(2) For realization of tasks in the field of adoption the central body performs the following main powers:

a) carries out the obligations of the central body provided by the Hague Convention and other international treaties;

b) develops projects legislative and regulations, methodologies in the field of adoption;

c) coordinates activities of territorial authorities of guardianship in the field of adoption;

d) collects, analyzes and protects information on national and international adoptions;

e) exercises control of observance of the rights of the child during the period before the international adoption;

f) keeps the State register of adoption;

g) accredits the foreign organizations with powers in the field of the international adoption;

h) considers claims to the acts issued by territorial authorities of guardianship;

i) performs other powers concerning adoption provided by the national legal system or the international and bilateral agreements, one of the parties of which is the Republic of Moldova.

(3) the Central body signs agreements on cooperation and cooperates with bodies of the central and local public authority, the domestic and foreign public organizations, the international and regional organizations, other domestic and foreign legal entities given authority in the field of adoption.

Article 6-1. Powers of the Advisory board on adoptions

The advisory board on adoptions performs the following powers:

a) previously will approve offers of the central body on selection of the suitable adoptive father for the adopted child based on the criteria approved by the central body within the procedures of the international adoption;

b) considers offers of the central body and territorial authorities of guardianship on feasibility of separation of brothers/sisters which establishes the status of the child, without parental support, and/or the status of the adopted child, as a result of establishment of national or international adoption and issues the corresponding conclusions.

Article 7. Powers of territorial authority of guardianship in the field of adoption

(1) the Territorial authority of guardianship performs the following powers in the field of adoption:

a) collects and analyzes information and records adoptive parents and the adopted children in the territory;

b) estimates with the residence entering its territorial competence to adoption and grants certificates of adoptive parents;

c) informs and prepares adoptive parents for adoption according to the requirements established by the central body;

with-1) informs the child, taking into account its age and degree of maturity, about establishment to him the status of the adopted child and prepares it for adoption;

d) provides matching of adoptive parents;

e) exercises control of development of the child and his relations with the adoptive father during the period before adoption;

f) constitutes the conclusion about compatibility of the adoptive father with the adopted child and adoption compliance to the best interests of the child;

g) is involved in lawsuits in case of consideration of the applications about adoption establishment;

h) exercises posleusynovitelny control of the child's provision in case of national adoption;

i) performs other powers concerning adoption provided by the law.

(2) the Territorial authority of guardianship performs the activities based on the standard provision approved by the Government.

Article 8. Powers of diplomatic representations and consular establishments of the Republic of Moldova in the field of adoption

Diplomatic representations and consular establishments of the Republic of Moldova perform the following powers in the field of adoption:

a) extend the information materials arriving from the central body for the rights of children in the Republic of Moldova, the regulatory legal acts concerning protection of the rights of the child by adoption in the Republic of Moldova;

b) keep consular account of the children from the Republic of Moldova adopted by the foreign citizens or citizens of the Republic of Moldova living outside the country;

c) record the organizations of the relevant states given authority in the field of the international adoption and accredited in the Republic of Moldova and send information on them to the central body;

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