Short reflections on the effects of domestic adoptions

• Author: Andreea Draghici
• Position: University of Pitesti, Pitesti - Romania
• Pages: 32-37

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

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

No. 4 (2013), pp. 32-37

32

SHORT REFLECTIONS ON THE EFFECTS OF DOMESTIC

ADOPTIONS

A. Drghici

Andreea Drghici

Faculty of Law and Administration

University of Pitesti, Pitesti, Romania

*Correspondence: Andreea Draghici, Bld. Republicii, no. 71, Pitesti, Romania

E-mail: andidraghici@yahoo.com

Abstract:

The act of granting an adoption produces two main types of effects. The first type of

effect creates a bond of filiation between the adopter and the adoptee, as well as family bonds

between the adoptee and the adopter's relatives. The second type of effect erases the natural

relation between the adoptee and the former parents but also between the adoptee's

descendants on one side and the adoptee's natural relatives on the other.

Keywords: adoption, effects, the adoptee's name, the adoptee's residence, the

adoptee's citizenship.

Introduction

It has been said that adoption is “one of the noblest expressions of generosity and

altruism through which we prove our solidarity”

1

. Its purpose is to ensure “the patrimonial

and non-patrimonial of children deprived of parental protection or any similar protection”

2

.

Seen from a general perspective, adoption seems a “wonderful solution” for adoptive parents

who are unable to establish a much-desired family of their own because of infertility or

certain illnesses, as well as for natural parents who are faced with an unwanted problem

3

. At

the same time, adoption is not a perfect solution, leading to complications and difficulties

generated by both its specificity, but sometimes by incoherent legislation, which is unable to

promote or guarantee the rights of the child.

1. National and international adoption regulation

On a national level, the lawmaker dedicates a full chapter of the Romanian Civil Code

to adoptions, more precisely Chapter III, articles 451-482 from Title III “Kinship”, Tome II

“Family”. These stipulations complete those of Law 273/2004 concerning the legal adoption

regime

4

and governmental decision 350/2012 for the approval of Methodological rules for

applying Law 273/2004 and of the organizational and functional rules of the Coordination

Council for the Romanian Adoption Office.

At the same time, the Convention on the Rights of Children

5

sanctions in article 20 the

duty of the party states

6

, in accordance with their national legislation, to ensure alternative

care to children who are temporarily or permanently deprived of a family environment or who

cannot be left in this environment, if their best interests are to be protected, and have a right to

care and special assistance from the state. Such care can include especially foster care,

1

Emese Florian, Dreptul familiei, 3rd Edition, C.H. Beck Publishing Ho use, Bucharest, 2010, p. 205.

2

Al. B acaci, Viorica Dumitrache, Co drufa Hageanu, Dreptul fa miliei, C.H. Beck Publishing House, Bucharest,

2012, p. 219.

3

To see: D.M. Brodzinsky, M.D. Schechter, R. Marantz Henig, A fi adoptat. Cutarea d e o via a sinelui, taken

from the book Being Adopted: The Lifelong Search for Self p. 1 , available online at: www, adoptiiromania.ro.

4

Republished in the Official Gazette of Romania, Part I, no. 259 from 19 April 2012.

5

The Intern ational Conventi on on the Rig hts of the C hild ra tified by Roma nia thro ugh La w no. 18/1990,

published in the Official Gazette of Romania, Part I, no. 314 from 13 J une 2001.

6

E. C iongaru, D rept inte rnational privat, “Scrisul R omanesc” Publishin g House, Craiova, 2 011, p. 18.