Abandonment Law Romania

LAW No. 47 of July 7, 1993

regarding the judicial declaration of child abandonment

ISSUER

parliament

Published in OFFICIAL GAZETTE NO. 153 of July 8, 1993

The Romanian Parliament adopts this law.

Article 1

The child in the care of a state social or medical protection institution, of a legally established private protection institution or entrusted under the law to a natural person can be declared abandoned by a court decision, as a result of the fact that the parents have lost interest in him , obviously, a period longer than 6 months.

By disinterest is meant the imputable termination of any ties between the parents and the child, ties that prove the existence of normal parental relations.

The disinterest shown towards the child can be proven with any means of proof. Institutions that take care of children are obliged to communicate to the guardianship authority or the court, at their request, the number of visits made, as well as any facts of the parents that could characterize their parental behavior towards the child. For this purpose, the institution is obliged to keep a strict record of the visits and facts mentioned.

Article 2

The application for the declaration of abandonment is addressed to the county court or, as the case may be, to the Bucharest municipality court within whose radius is located the headquarters of the protection institution or the domicile of the natural person entrusted with the task of caring for the child.

The notification to the court will be made by the management of the institution where the abandoned child is located or by the prosecutor, within 3 months from the date of completion of the 6-month period from when the parents terminated ties with the child within the meaning of the provisions of art. 1 paragraph 2.

The application for the declaration of abandonment shall be accompanied by the social investigation carried out by the competent guardianship authority regarding the conditions of the abandonment of the child, the situation of the parents, the child's psychophysical, training and education condition, the conditions it has and the way to improve them, as well as any other data concerning the growth, training and education of the child. During the social investigation, the guardianship authority will give an opinion on its position regarding the request for a judicial declaration of abandonment.

Summoning the parents, the guardianship authority and the persons provided for in art. 3 is mandatory.

The participation of the prosecutor in the process is mandatory.

Article 3

In the case of children in the institutions provided for in art. 1, the abandonment will not be declared if, within the period of 6 months or during the judgment of the trial, a relative up to the fourth degree inclusive requests that the child be entrusted to him for upbringing and education, and the request is judged to be in the best interests of the child.

The child who has reached the age of 10 will be heard by the court.

Article 4

In case of declaration of abandonment, the court will delegate the exercise of parental rights to the state social or medical protection institution or to the legally constituted private institution or, as the case may be, to another person, under the law.

The decision is subject to appeals provided by law.

Article 5

For children who, on the date of entry into force of the law, were in state social or medical protection institutions, abandoned by their parents for more than 6 months, notification to the court, under the conditions of art. 2 para. 2, it can be done immediately.

Article 6

The competent court can decide at any time, at the request of one or both parents, to restore the exercise of parental rights, if the circumstances that led to the declaration of abandonment have ceased and if the restoration of the exercise of these rights is in the interest of the child.

The provisions of the previous paragraph do not apply if the child was adopted under the law.

Article 7

The non-fulfillment by the management of the institutions that take care of children of the obligation provided for by art. 1 paragraph 3 and art. 2 para. 2.

The detection of contraventions and the application of fines will be done by the staff with specific control attributions of the central or local body under which the social protection or health institution is located.

Article 8

This law enters into force on the date of publication in the Official Monitor of Romania.

Article 9

Any provisions contrary to this law are repealed.

This law was adopted by the Chamber of Deputies in the meeting of June 22, 1993, in compliance with the provisions of art. 74 para. (2) from the Constitution of Romania.

THE PRESIDENT OF THE CHAMBER OF DEPUTIES

ADRIAN NASTASE

This law was adopted by the Senate in the meeting of June 22, 1993, in compliance with the provisions of art. 74 para. (2) from the Constitution of Romania.

THE PRESIDENT OF THE SENATE

university professor OLIVIU GERMAN

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