Egroup: Romanian citizenship and adoption
17 July 2010
Re: [RO-maniacs] Re: Entering the EU Through the Back Door
"why was this provision needed, why withdraw the Romanian citizenship from children adopted abroad, when Romania accepts double citizenship?"
EXACTLY what crossed my mind, as I was reading your words. Could the logic be a holdover of the time when an emigre from communist Romania had to renounce their citizenship before being allowed to leave? I see no provision that forbids the child from reacquiring citizenship upon reaching adulthood in much the same way those communist-era emmigrants can. Could they not make the legal argument their permission was not obtained?
John
From: Vali <valinash@...>
To: RO-maniacs@yahoogroups.com
Sent: Sat, July 17, 2010 7:06:00 AM
Subject: RE: [RO-maniacs] Re: Entering the EU Through the Back Door
I have been researching the Romanian legislation, reading the articles of laws concerning the citizenship matter. Here is what I found:
First of all, here is what the Romanian Constitution says about Romanian citizenship:
"ARTICLE 5
(1) Romanian citizenship can be acquired, retained or lost as provided by the organic law.
(1) Romanian citizenship can be acquired, retained or lost as provided by the organic law.
(2) Romanian citizenship cannot be withdrawn if acquired by birth."
Now let's see what the specific organic law has to say about the loss of Romanian citizenship (Law no. 21 of March 1st 1991, modified and republished in the Official Bulletin no. 98 of March 6th 2000):
(I wasn't able to find any official translation, so please find below my translation of the relevant paragraph)
"CHAPTER V. Loss of Romanian citizenship
Art. 23. - Romanian citizenship is lost by:
a) withdrawal of Romanian citizenship;
b) approval of renunciation to Romanian citizenship;
c) in other cases provided for by law.
[...]
C. Other cases of loss of Romanian citizenship
Art. 28. - The under-age child, Romanian citizen, adopted by a foreign citizen, loses Romanian citizenship if, upon request made by the adopter or adopters, receives their citizenship in accordance with the foreign law. The minor who is over 14 years old is required his consent.
The date of loss of Romanian citizenship as detailed in the paragraph above is the date when the minor receives the adopter's citizenship.
In case the adoption is annuled or cancelled, it is considerred that the child under 18 years old has never lost Romanian citizenship. "
So the law clearly states that a Romanian child adopted by a foreign citizen loses Romanian citizenship if, upon request made by the adopter or adopters, receives their citizenship in accordance with the foreign law.
And since the adoptive parents need to make the child a legal citizen of their country (or re-adopt the child in their country), the child is forced by law to lose Romanian citizenship.
However, the question is this: why was this provision needed, why withdraw the Romanian citizenship from children adopted abroad, when Romania accepts double citizenship?
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Vali