Description:
The adopter must be at least 25 years old and at least 18 years older than the adopter. Spouses adopt the child together.
1. Upon receipt of the application for adoption and the relevant documents, the Orphan's Court shall examine the documents submitted and carry out a family study for at least six months, including: evaluate the motivation of the adoption, the relationship between family members and the ability to raise a child; ascertain the family life conditions of the adopter and evaluate the material state of the adopter, the state of health; request information regarding the information regarding the information regarding the information in relation included in the Register of the information in the case of an adopter, send the adopter to the psychologist to receive an opinion regarding the suitability of the person for adoption; send the person to learn the training programme of the adopter.
2. At the end of the family study, the Orphan's Court shall take a decision regarding the recognition of persons as adopters. The decision of the Orphan's Court regarding the recognition of a person as an adopter shall be in force for three years from the date of the taking thereof. The decision of the Orphan's Court regarding the recognition of an adopter shall be valid for one adoption proces
3. Upon presenting a decision of the Orphan's Court, the adopter may receive information regarding the children to be adopted in the Ministry of Welfare, which shall issue an appointment to the adopter so that he or she may personally meet the child.
4. The adopter shall inform the Ministry of his or her wish to meet him or her personally within five working days after receipt of the information regarding the child to be adopted
5. The adopter shall take a decision regarding the taking of the child in care and supervision within 10 days of meeting the child to be adopted and his or her documents. If the adopter takes into the care of children, the Orphan's Court of residence of the adopter shall take a decision regarding the transfer of the child to care for a period of up to six months. During that period, the adopter has the right to receive:
5.1. maintenance or allowance shall be maintained, which shall be paid to the adopter by the non-family care institution of the child in accordance with the period during which the child is in the care of the adopter;
5.2. compensation for the care of a child to be adopted, which the Ministry of Welfare shall grant to one of the adopters, in the care and supervision of which a child to be adopted has been transferred to the court with a decision of the Orphan's Court, if the adopter has not been employed or is employed and is on vacation related to child care, or has been employed not more than 20 hours per week.
6. During care, the Orphan's Court of the adopter's place of residence, if necessary inviting other specialists, shall carry out a family study in order to establish that there will be a genuine relationship between the adopter and the adopter, and take a decision at the end of care, assessing whether the adoption is in the best interest of the child and extending the child's care until the approval of the adoption in court. If the Orphan's Court determines that adoption is not in the best interest of the child, care in the family of adopters shall be discontinued.
7. Adoption shall be approved by the court. The adopter shall submit an application for approval of the adoption to the court of his declared place of residence within a period of three months after the decision of the Orphan's Court regarding the conformity of the adoption with the interests of the adopted child has been taken.
8. The adopted child and his descendants, in relation to the adopter and his relatives, acquire the legal position of the marriage-born child as in personal and property relations. Adoption brings an end to a child's relationship with biological parents and their relatives, and the personal and property rights and obligations associated with them.
Process description
Service requests
A person who wishes to adopt a child shall present a personal identification document in the Orphan's Court of residence and submit:
1.1. an application specifying the reasons for adoption, the desired number of adopters, sex and age, as well as the religious beliefs, ethnicity, language of communication of the adopter;
1.2. a copy of the marriage certificate, presenting the original, if the adopter is in marriage;
1.3. a document attesting the divorce, if the marriage is divorced;
1.4. a document certifying the guarantee with the residential area;
1.5. CV - description of life;
1.6. a statement regarding the state of health of the adopter, in which the congenital and acquired diseases of the adopter are indicated, if any, an opinion of a psychiatrist and a narcologist regarding the person's dependencies.
2. A person - a second spouse who wishes to adopt shall submit to the Orphan's Court of his or her place of residence:
2.1. an application specifying the reasons for adoption, the desired number of adopters, sex and age, as well as the religious beliefs of the adopter, if any;
2.2. a copy of the marriage certificate, presenting the original, if the adopter is in marriage;
2.3. a document attesting the divorce if the marriage is divorced;
2.4. a statement regarding the guarantee with the residential area;
2.5. CV - description of life;
2.6. a statement regarding the state of health of the adopter, in which the congenital and acquired diseases of the adopter are indicated, if any.
3. If the child resides in the family of the adopter, the Orphan's Court may release the adopter from the necessity to submit:
3.1. a statement regarding the guarantee with the residential area;
3.2. CV - description of life;
3.3. a statement regarding the state of health of the adopter, in which the congenital and acquired diseases of the adopter are indicated, if any.
3.4. information on income
4. If the adopter is one of the spouses and the other spouse is recognised as incapable of action or missing (missing), an extract of a court judgment or a copy of the transcript (presenting the original) regarding the recognition of the other spouse as unfit or missing shall be submitted to the Orphan's Court in addition to the referred to documents.
5. If a person wishes to adopt the child of the other spouse, the adopter shall attach to the application a copy of the birth certificate to be adopted (presenting the original), the consent of the child's biological parents for adoption or a document certifying that one of the following conditions exists: the second parent is dead; the other parent has been deprived of custody rights in accordance with the procedures specified in the law.
6. The parent's consent for adoption may be signed in the Orphan's Court, as well as with the notary. The mother cannot give her consent to the adoption of her child less than six weeks after giving birth.
Receipt of services
The submission shall be examined within a period of one month if, for objective reasons, it is not possible to observe the referred to time period, the Orphan's Court may extend it in accordance with the procedures specified in Section 64 of the Administrative Procedure Law (for a period not less than 6 months, because the Orphan's Court has to perform a family study of the adopter for at least 6 months).
