Some remarks on the new amendments to the procedure of the adoption's institution

• Author: Laura Cetean Voiculescu
• Position: Legal and Administrative Sciences Department, Faculty of Law and Social Sciences, Alba Iulia - Romania
• Pages: 31-35

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2013), pp. 31-35

31

SOME REMARKS ON THE NEW AMENDMENTS TO THE

PROCEDURE OF THE ADOPTION’S INSTITUTION

L. Cetean-Voiculescu

Laura Cetean-Voiculescu

Legal and Administrative Sciences Department, Faculty of Law and Social Sciences,

“1 Decembrie 1918” University from Alba Iulia, Alba Iulia, Romania

*Correspondence: Laura Cetean-Voiculescu, Lecturer PhD, “1 Decembrie 1918” University

from Alba Iulia, 5 Gabriel Bethlen St., Alba Iulia, Romania

E-mail:

lauravoiculescu@yahoo.com

Abstract

Adoption is one of the most important measures to protect children in need, namely

that category of children who are deprived of parental care, loss due to various reasons. If a

child in need cannot be maintained or reinstated in his natural family, state authorities must

have an alternative measure of protection: guardianship, special protective measures

provided by Law no. 272/2004 on the protection and promotion of children's rights

(placement, emergency placement or specialized supervision) or adoption, regulated by Law

no. 273/2004.

This paper aims to critically analyze the Adoption of the new rules, with special

regard to the adoption’s administrative and judicial proceedings.

Keywords: Adoption procedure, individualized plan of protection, substantive

conditions for adoption, celerity, child's best interests, the principle of continuity.

Introduction

If a child in need cannot be maintained or reinstated in his natural family, state

authorities must have an alternative measure of protection: guardianship, special protective

measures provided by Act no. 272/2004 on the protection and promotion of children's rights

(placement, emergency placement or specialized supervision) or adoption, regulated by Act

no. 273/2004.

If the individualized protection plan reveals that the best measure of protection for a

child in need is adoption, it carries out an extensive procedure, which runs in parallel on two

areas: administrative and judicial.

The Act governing adoption’s procedure no. 273/2004 was amended successively by a

series of laws, the latter being of recent date, and the purpose of this article is a critical

analysis of the latter changes in matter.

Current regulatory

This year, the Law on the legal status of adoption was republished

1

in the Official

Gazette of Romania no. 259/19 April 2012, subsequently appearing H.G. 350/2012 approving

the Methodological Norms for applying Law no. 273/2004. This is the second reprint of

mentioned Act after that on the Official Gazette no. 788/2009, as amended by Law no.

71/2011 for the implementation of the new Civil Code.

1

Under the provisions of art. X of Law. 233/2011 amending and supplementing Law no. 273/2004, published in

Official Gazette of Romania no. 880/7 December 2011 and entered into force on 7 April 2012.