Who and how can adopt children in Romania. 17 questions and answers for those interested in becoming adoptive parents

ziare.com
18 March 2023

The latest government statistics show that approximately 6,000 children in Romania are adoptable. In 2021, 1,655 children were adopted, and in the first six months of 2022, 418 children under the care of the state were adopted, 100 more than in the same period last year. For those interested in becoming adoptive parents, the National Authority for the Rights of Persons with Disabilities, Children and Adoptions (ANDPDCA) has compiled a list of 17 questions and answers . The ANDPDCA thus explains who can and cannot be an adoptive parent, as well as the adoption rules for those who meet the conditions to be adoptive parents.

1. Where do we go to adopt a child? In order to adopt a child, you must contact either the General Directorate of Social Assistance and Child Protection in whose administrative-territorial radius you have established your domicile or to an authorized Private Organization (OPA). The list of authorized OPAs can be consulted on the ANPDCA website in the "National adoption" section ( http://www.copii.ro/activatie/adoptie/adoptie-nationala/ ).

2. Do members of a couple have to be married to each other in order to adopt? No, both families (married persons between husband and wife) and single persons (unmarried) who obtain the certificate of family/person capable of adopting can adopt. In the case of spouses, Romanian law allows, in addition to adoption by the certified family, also adoption by one of the spouses, in which case the other spouse (in addition to consenting to the adoption) will also give a statement regarding the reasons for not joining the adoption application. They can also adopt people of the opposite sex who live in a stable relationship and live with the (unmarried) parent of the adopted child, if the new adopter participated directly and directly in raising and caring for the child for an uninterrupted period of at least 5 years .

3. Can we choose the children/child we want to adopt? The adoption procedure is governed by the principle of identifying the most suitable family for an adoptable child and does not focus on finding a child for a family. Consequently, for each adoptable child in the RNA records, the specialists of the General Directorate of Child Protection and Social Assistance will select the adopter/adoptive family that best meets the child's needs. In order to facilitate the adoption of difficult-to-adoptable children, the law provides for the existence (at the level of each direction) of a "profile of difficult-to-adoptable children" database accompanied by photos and information, which can be consulted by adopters. On the occasion of consulting the public profile, the adopters who are certified for adoption, have the opportunity to decide whether they will continue the adoption procedure with a certain child.

4. When can we access the profile of difficult to adopt children?)The certified family/person can access the profile of the difficult-to-adopt child at any time, but only from the headquarters of the home directorate.

5. Can the unfavorable result of the evaluation in order to obtain the certificate of family/person fit to adopt be contested? Yes, it can be contested within 5 working days from the communication of the report that provides the unfavorable result of the evaluation. The appeal is filed and registered with the department competent to issue the certificate.

6. How long do these appeals take and by whom? Appeals are resolved within a maximum of 30 days from their registration at the ANPDCA by a commission established by decision of the president of the National Authority for the Protection of Children's Rights and Adoption.

7. What does the evaluation entail in order to obtain the certificate of family/person fit to adopt?The evaluation process in order to obtain the certificate of family/person fit to adopt involves going through three stages: social evaluation, psychological evaluation and preparation for knowingly assuming the role of parent. This evaluation process is carried out by a team made up of a social worker and a psychologist, one of whom also has the capacity of family case manager.

8. How long can the certificate be obtained?The certificate can be obtained within a maximum of 90 days from the submission of the evaluation request.

9. If we want to adopt another child, after the first adoption has been approved, and the family certificate has fully produced the effects for which it was issued, do we have to repeat the same evaluation procedure? Yes, it is necessary to resume the evaluation procedure in order to obtain a new certificate as a result of the termination of its validity without having to go through the preparation stage.

10. Can we cancel the evaluation during the evaluation process? Yes, you can express your intention to withdraw from the evaluation. In this regard, the members of the evaluation team will draw up a report in which the stage of the evaluation and the reason for its termination will be mentioned, as well as the proposal to terminate the evaluation process.

11. For what period is the certificate of family/person fit to adopt valid? The certificate issued by the department in whose territorial radius you are domiciled is valid for a period of 2 years. The validity of this certificate is extended by law until the approval of the adoption in certain situations.

12. Who cannot adopt? I cannot adopt: persons who have been definitively convicted for a crime against the person or against the family, committed with intent, as well as for the crime of child pornography and crimes related to drug or precursor trafficking; the person/family whose child benefits from a special protection measure or who is deprived of parental rights; people who want to adopt alone, whose spouses are mentally ill, have a mental disability or find themselves in one of the previously mentioned situations; people who do not have full exercise capacity, as well as people with mental illnesses and mental disabilities; persons who did not obtain the certificate of person/family suitable for adoption.

13. Can we nationally adopt a child even though we have not actually lived in Romania in the last 6 months?No, because only persons with habitual residence in Romania can go through the internal adoption procedure (those who prove that in the last 6 months prior to the submission of the assessment application they have effectively and continuously lived on the territory of Romania (e.g. the authentic declaration on their own responsibility regarding effective and continuous residence on the territory of Romania during the last 6 months prior to the submission of the assessment request, there being no temporary absences that cumulatively exceed 3 months).

14. When is it not necessary to obtain the certificate?It is not necessary to obtain the certificate in the case of the adoption of the person who has acquired full exercise capacity and in the case of the adoption of the child by the spouse of the natural or adoptive parent.

15. In the situation where we are married and have different domiciles, which direction can we turn to for the evaluation in order to obtain the certificate?In this situation, the assessment is carried out by the department at the husband's domicile where the respective family actually lives, or by a private body authorized by ANPDCA

16. Is the refusal of a certified family or person to continue the adoption procedure with a child sanctioned? There is no regulated sanction in this sense. However, the certified family/person who refuses 5 times to proceed with a first meeting with the children for whom they were selected and for whom the DGASPC specialists assessed that it meets their needs, must follow an information program and counseling. Until this program is completed, the family/person concerned is no longer included in other efforts to match adoptable children.

17. Is the child's ethnicity provided as a matching criterion? Not. Ethnicity is no longer a criterion for making the initial match. According to the principle of identifying the most suitable family for an adoptable child, the specialists of the General Directorate of Child Protection and Social Assistance will select the adopter/adoptive family that best meets the child's needs.

Record adoptions in 2021In August 2022, the Minister of the Family, Gabriela Firea announced that in 2021 a record number of adoptions was registered" Romanian families continue to adopt in record numbers! In the first three months of the year, 418 children under the care of the state were adopted, 100 more than in the same period last year. We have almost 6,000 adoptable children and I encourage anyone to adopt if they cannot become a parent otherwise. In 2021, we recorded an absolute record in terms of adoptions. 1653 children found their match families, the most in the last 20 years. An extraordinary success due, first of all, to the dedication and professionalism of colleagues from the National Authority for Child Protection and Adoption. The data already available this year make us very optimistic", said Firea in August 2022.