The new relevant bill is expected to bring significant changes to the institution of child adoption, the Office of the Commissioner of Legislation, which also undertook the drafting of the bill, states in its announcement. The bill in question has been completed and sent to the Deputy Ministry of Social Welfare for its further promotion, it is noted.
The purpose of the bill, entitled "The Adoption Law of 2024", is to modernize and regulate the administrative and judicial procedures of national and interstate adoptions, it states, "whose main objective is to ensure and serve the protection and best interests of the child with respect to his fundamental rights, as recognized by the Convention on the Rights of the Child and the Hague Convention".
It is noted that the Office of the Commissioner of Legislation (GEN) undertook the drafting of a new bill with the aim of revising the Adoption Law of 1995, by decision of the Council of Ministers dated 22.7.2021.
The said bill was finalized by the GEN and sent to the Deputy Ministry of Social Welfare for its further promotion, it added.
In the entire work of revising and modernizing the Law, according to the announcement, the Commissioner had cooperation with the Social Welfare Services (SSW), for an exchange of views on all aspects of the new bill, taking into account good practices from other countries on adoption issues and intercountry adoption.
The bill is based on the principles of ensuring the best interests of the child in accordance with the Convention on the Rights of the Child, that adoption is a measure to protect and serve the best interests of the child, and that the decision on intercountry adoption is made only after all possibilities for national adoption have been exhausted adoption of the child. It is also based on the principle that the child's point of view will be heard according to his age and level of maturity.
"This is a very important piece of legislation that comes to improve and modernize the framework of the existing law, combining in one text the regulation of the process of national and interstate adoptions, which were not regulated in the existing legislative framework," it states. It is worth noting, it is added, that it is expected that the bill will bring significant changes to the institution of child adoption with its revised provisions.
The Office of the Legislative Commissioner lists some of the key provisions of the bill, including the provision to prohibit the direct placement of a child for adoption purposes (private placement of children) and that adoptions will only be made through Social Welfare Services processes.
Among other things, various behaviors are criminalized such as accepting payment for the adoption of a child or publishing any advertisement in print or electronic media that states or implies that a parent or other person has a child available for adoption or that a person wishes to adopt a particular child or is willing to make arrangements for the adoption of a particular child.
The decree of simple adoption is added to the legislative framework, which creates a legal and permanent relationship of a parent of a child and at the same time terminates the legal relationship between the child and his parents, granting him, however, the right to contact the adopted person with his biological parents and the biological his family.
The Matching Committee is also established, which consists of YKE Officers and submits recommendations to the Director, regarding the placement of a child under the direct care of a curator for the purpose of adoption and matching them with them.
As mentioned, the possibility of adoption by a single person as well as the procedure for the adoption of an adult person is also provided for, and an Adoption Advisory Committee is created to make a decision on the approval, re-approval or rejection of the suitability of applicants for adoption purposes.
At the same time, the provision of advisory services to both the children and the guardians is foreseen, and the examination of the child's living conditions, the guardians' obligations, the actions in case of non-cooperation, the penalties and the child's movement are foreseen, while there is a provision that the YKE oversee the adaptation, level of care, protection and welfare of the adopted child for a period of five years, after the adoption order is issued or until the child reaches adulthood.
There is also a special section on inter-country adoptions, the powers of the Central Authority in inter-country adoptions, the obligations of prospective adopters for inter-country adoption, the automatic recognition of an adoption decree, the validation of an adoption decree, the registration of a child at the Population Record Department and the Immigration Department as well as for the issuance of certificates and the creation of a Registry of Interstate Adoptions.
Source: KYPE
