Despite the adoption moratorium introduced in October 2001, Romanian
authorities finalised since the start of the moratorium until the end of
2003, some 900 intercountry adoption cases. Of these 900 cases, 225 of the
children were adopted by Spanish families. This was possible as the law
that suspended the intercountry adoptions nevertheless allowed exceptions
to the moratorium. However, as a result of increasing requests for such
exceptions, the Romanian government decided in February 2004 to no longer
further allow any exceptions.
The Romanian Government asked the Commission for advice on the drafting
of new legislation on children�s rights and adoption. To this aim, the
Commission set up an Independent Panel of Family Law Experts from Member
States. This Panel considered that intercountry adoption may only be
considered as a very last resort if any suitable means of foster, adoptive
or residential care cannot be found in Romania. This approach stems from
article 21(b) of the United Nations (UN) Convention on the Rights for the
Child, a Convention ratified by all Member States and Candidate Countries.
The newly adopted Romanian legislation is considered essentially in line
with this Convention and with practices in the Member States.
The Commission is aware that numerous Member State�s families are still
registered for adoption of Romanian children. Notwithstanding the
moratorium, some adoption facilitators have continued to offer Romanian
children to foreign families and have organised contact between them. This
of course leads to painful situations for all concerned.
However, Romania has over the last years made enormous progress in
reforming its child protection, by closing large residential institutions
by replacing them with modern alternatives, such as social support for
families, foster care, family type homes and promotion of national
adoption. While work remains to be done, the progress has been
significant.
According to the Romanian authorities, the only intercountry adoptions
that may still be finalised under provisions of the previous legislation
concern those cases that were already, by special government memoranda,
sent to the Romanian Courts. All other intercountry adoptions started
before or during the moratorium will have to be dealt with under the
provisions of the new legislation. The Romanian authorities have informed
all persons that registered as prospective adoptive parents, and the
Embassies concerned in Bucharest, accordingly.
The Commission will support Romania with the building of the necessary
administrative capacity to implement the new legislation.
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