Reflections on the Adoption Institution and its Regulation in the New Civil Code

AuthorGabriela Lupsan
PositionDanubius University of Galati, Faculty of Law
and its
Danubius University of G
The emergence of n
the political will, legislative d
would reflect the most viable
sustainable jurisprudential de
Romania avoids these expecta
historical inserts, jurispruden
constructive criticism on the i
technique and, where appropri
the question of the h armonizat
in adoption matters.
minor; adoptability
1. General Considerations on
Having its origin in a common
survival of domestic cult and to c
name and rank, the adoption w
modern codes, including Romani
by the Romanian legislator with
interests of the child who is left
, the procedure split into tw
finally changes of legal effect
From the legal point of view
considering that the
law establish
the life of those involved and
adopter or adopters. Secondly, th
adopted in the new family
adoption has met
very diverse so
relatively young, often in t
situations often met in practice
or all children of the other
lections on the Adoption Institution
its Regulation in the New Civil Code
Gabriela Lupşan
f Galati, Faculty of Law, gabriela.lupan @univ
f new Civil Code can only be the combined result of several fa
development and jurisprudence stability. It is wanted that th
le legislative soluti
on, the ideas of the most inspired doctrin
decisions, with comparative law elements. Not even the n
ctations. In our material we have proposed under the curre
ence so lutions over the recent years, of the comparativ
e institu tion of ad option, with references to th e legal langua
making some suggestions of lege ferenda
. At the same
zation of the Civil Code with those of the European and Intern
lity; consent; biological bond
s; European law
on Adoption and its Regulation in the New C
on practice in Rome, which allowed the
pater fa
to create, without legitimate offspring, the offspring
was found in regulation of the Civil Code of N
ania in 1864.
During the twentieth century, the ado
ith subsequent laws, in the sense of openness to
eft without parental care, in terms of the trusts tha
two or three phases, some administrative, other
the adoption legal decision creates.
the adoptive filiation primarily
responds to
artificially a biological link between a child
can be a real adventure for both human part
, the cr
eation of parenthood with full effects leads
ily, making disappear all traces of biological pare
realties: most oft
en, husbands after a
n the absence of natural descent, less often unm
where the
husband wants to establish a filiations’
ouse com
ing from a previous marriage or outside
Legal Sciences
l factors, among them:
t this legal monument
trinaires and the most
e new Civil Code of
rrent legislat
ion, with
tive law, submitting
uage, u sed legislative
me time we answer to
ernational Convention
Civil Code
to ensure the
ing that would bear his
Napoleon, then in all
adoption was amended
to the widest possible
that the adopters must
er judicial nature, and
emotional reality,
ld and a parent, during
- adopted and the
to full integration of
arenthood. Thirdly,
r a period
of marriage
married persons or
relationship with one
ide marriage. All these

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