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2016 Rev. Universul Juridic 140 (2016)
Children's Rights in Adoption Procedure

handle is hein.journals/univjurid2 and id is 514 raw text is: CHILDREN'S RIGHTS IN ADOPTION PROCEDURE Lucia IRINESCU' e-mail: lirinescugyahoo.com Abstract This article analyses the adoption within the international human rights law framework. Adoption is, by definition, the most drastic of interferences with the right to respect for family life since its effect is usually to terminate completely and irrevocably the legal relationship between the child and his or her parents as well as the child's wider kinship links with the extended family. In 1994, Romania was one of the first three countries to ratify the Hague Convention Key words: child's rights, the best interests of the child, adoption Respecting the interest of the child principle is one of the basic principles of family law. According to art. 263 of Civil Code any measure related to the child, regardless of its author, must be taken with the best interests of the child. According to art. 2 para. (4) of Law no. 272/2004, the overriding interest of the child shall prevail in all actions and decisions concerning children, whether undertaken by public authorities and private bodies, and in cases decided by the courts. According to par. (6) in determining the child's best interests are taken into account at least the following: a) the needs of physical and psychological development, education and health, security and stability and belonging to a family; b) the child's opinion, depending on the age and maturity; c) the child's history, having regard, in particular, situations of abuse, neglection, exploitation, or any other form of violence against children and the potential risk that may arise in the future; d) the parents or the caregivers' ability to meet the children's actual needs; e) maintaining personal relationships with people whom the child has grown attachment relationships to. MATERIAL AND METHOD Adoption is defined in art. 451 of the Civil Code as the legal operation which create parent-child relationship between the adopter and the adoptee and the family ties between the adoptee and the adopter's relatives. Respecting the rights of the adopted child in adoption procedure transpires even from the principles governing adoption. According to the principle of the interests of the child, adoption may be permitted only where the optimum solution for the protection of property and personal non-property interests of children deprived of parental care. According to art. 2 of Law no. 272/2004, the child's best interest is circumscribed to his right to a normal physical and moral development and a steady socio-affective and family life. The best interests of the child shall prevail in all actions and decisions concerning children, whether undertaken by public authorities and private bodies, and in cases decided by the courts. The court accepts the application for a declaration of adoption only if, based on evidence, it is convinced that the adoption is in the best interests of the child. Respecting the child's best interest principle translates throughout the adoption procedure, from the moment it is proposed as a protective measure in the individualized protection plan until after its approval, when the child is monitored over a period of 2 years. Moreover, if the adoption is invalid, the court may reject the application for declaration of invalidity if it finds that maintaining it is in the interests of the adoptee. The principle of raising and educating a child in a family environment is regulated in art. 452 lit. b). Civil Code and art. 1 letter b) of Law no. 273/2004 on the legal regime of adoption. Naturally, the child should grow up with his parents. He is entitled to be grown under conditions that allow the child's physical, mental, spiritual, moral and social development. In case of adoption, adopters are evaluated by the competent authorities regarding the moral and material guarantees they 140 1 Al. I. Cuza University of layi

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