Lex Ferende Measures regarding Minor Child Protection in Romania

• Author: Matei, C.G. - Adam, R. A.
• Position: Faculty of Law, Transilvania University of Brasov; The Brasov County Office of the People's Advocate - Faculty of Law, Transilvania University of Brasov; The Brasov County Court of Law
• Pages: 137-140

Bulletin of the Transilvania University of Braşov • Vol. 5 (54) No. 1 - 2012

Series VII: Social Sciences • Law

LEX FERENDE MEASURES REGARDING

MINOR CHILD PROTECTION IN

ROMANIA

C.G. MATEI1 R.A. ADAM2

Abstract: Paradoxically, according to the legislation in force, the consent

is mandatory even when the parental rights of the parents were termi nated,

what empties of content the very institution of parental rights terminati on and

the efficiency of imposing suc h a measure in practice. Consequently, in cases

when the parent displays obvious lack of interest, bad-faith and no intent of

caring for the child, lex ferenda legal provisions should be in place such as

to allow imposing adoption without parental consent.

Key words: child, right, parents, adoption.

1 Faculty of Law, Transilvania University of Braşov; The Brasov County Office of the People's Advocate.

2 Faculty of Law, Transilvania University of Brasov; The Brasov County Court of Law.

1. Introduction

As the concept of family environment

includes not only parents, but also other legal

representatives (e.g. grandparents or other

relatives) as well as foster caregivers, the

minors falling into the category of „children

deprived of a family environment” are those

living in placement centres.

Children living in such placement

centres, in the care of the state often

remain institutionalized without the

possibility of being adopted.

This situation arises, because in

accordance with the present legislation (see

the attached document), the parents, even if

their parental rights have been terminated,

have to consent to the adoption.

Further, a child from a placement centre

who is not visited by the parents cannot be

adopted, and i n cases when the child’s life

is in danger, the Directorate for Child

Protection has not the authority to remove

the child from the abusive environment

immediately, unless the parent/s sign a

relevant statement , which often is difficult

to obtain.

2. Present legislative situation.

The Romanian legislation has tried to

respect the international regulations

regarding the protection of children: The

Universal Declaration of Human Rights,

the Convention regarding the Rights of

Child, adopted by the General Gathering of

the United States Organisation in the 20th

of November 1989 and ratified by the Law

no.18/1990, the Convention of the

European Council regarding the Fight

against the Trafic of Human Beings,

adopted in the 3rd of May 2005 and opened

for signing in the 16th of May 2005.

Romania signed this convention at Warsaw

in the same day and ratified it by the Law

no.300/2006.