Some remarks on the new amendments in the adoption procedure regarding the adoption defining terms and substantive conditions

AuthorLaura Cetean-Voiculescu
Pages268-272
SOME REMARKS ON THE NEW AMENDMENTS IN THE ADOPTION PROCEDURE
REGARDING THE ADOPTION DEFINING TERMS AND SUBSTANTIVE
CONDITIONS
Lecturer Laura CETEAN-VOICULESCU
1
Abstract
Adoption is one of the most importa nt measures to protect children in need, namely that category of
children who are deprived of parental car e, loss due to various reasons. If a child in need c an not be maintained or
reinstated in his natur al family, state author ities must have an alternative measure of pr otection: guardia nship,
special protective measures provided by Law no. 272/2004 on the protection and promotion of children's rights
(placement, e mergency pla cement or specia lized supervision) or adoption, regulated by Law no. 273/2004. This
paper aims to critica lly ana lyze the Adoption of the new rules, with special regard to the definition, principles and
conditions for the adoption procedure.
Keywords: adoption procedure, individualized plan of protection, substantive conditions for adoption, celerity,
child's best interests, the principle of continuity.
JEL Classification: K36
Current regulatory
This year, the Law on the legal status of adoption was republished
2
in the Official Gazette
of Romania no. 259/19 April 2012, subsequently appearing H.G. 350/2012 approving the
Methodological Norms for applying Law no. 273/2004. This is the second reprint of mentioned
Act after that on the Official Gazette no. 788/2009, as amended by Law no. 71/2011 for the
implementation of the new Civil Code.
Regarding republication believe that it was imperative given that the new Civil Code
governing this child protection measure, as noted on another occasion
3
, the regulations contained
in two acts were not entirely compatible.
But given that new rules and legal norms are found some critics consider appropriate a
succinct analysis of these changes in relation to the regulation of adoption procedures contained
in the Civil Code.
Thus, the changes in adoption proceedings are in force, by republication of the Law.
273/2004, starting with April 7, 2012.
General and special law in adoption procedure
If prior to the abrogation of the Family Code, which represent the general law regarding
all legal relationships which form the subject of family law, general law presently role in this
regard is played by the new Civil Code, which in Book II entitled "On the Family" includes a set
of rules generally applicable legally binding marriage relationship, parentage, adoption and other
similar reports of family law.
On Adoption, Civil Code includes in Title III (relationship) a separate chapter (Chapter
III) a set of legal rules governing the adoption, rules with a general character. Special character
rules are found in Law no. 273/2004 on the legal status of adoption, which is intended to be the
1
Laura Cetean-Voiculescu, „1 Decembrie 1918” Universiy, Alba Iulia, Faculty of Law and Social Sciences,
lauravoiculescu@yahoo.com
2
Under the provisions of art. X of Law. 233/2011 amending and supplementing Law no. 273/2004, published in Official Gazette
us. 880/7 December 2011 and entered into force on 7 April 2012;
3
Laura Cetean-Voiculescu, Ada Hurbean, Considerations regar ding the amendments to legislation on child protection thr ough
the new civil code, in Challenges of the Knowledge Society, ProUniversitaria, Bucharest, 2012;

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