Letter Ethica to Romanian Government - art 21b - keep adoptions an option

30 April 2003

"Compliance with Hague Convention As noted in the preamble to the Hague Convention, States which are signatory to the Convention recognize that the child “should grow up in a family environment, in an atmosphere of happiness, love and understanding” and that “intercountry adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her State of origin”.

Article 2(b) of the proposed law acknowledges this principle. However, Article 2(e) includes language which adds “or cannot be cared for appropriately”. Additionally, Article 45(2)(b) states that international adoption may be allowed only if “the child cannot be appropriately cared for by the public or private services for the special protection of the child.” Such provisions, which allow for children to be cared for in public or private institutions instead of being adopted internationally, would seem to conflict with the basic tenets of the Hague Convention, and may thus result in an inability to fulfill Article 62, which provides for the issuance of a certificate “indicating that the adoption complies with the norms set by the Hague Convention.”

Therefore, Ethica respectfully suggests that Article 2(e) be changed to remove the clause “or cannot be cared for appropriately”, and that Article 45(2)(b) be removed from the law entirely."



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