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The problem is that the Bulgarians who live abroad according to law must pass a more complicated procedure for foreigners. In a discussion, which was opened by an information portal www.cross-bg.nettogether with the party of Bulgarians living abroad "The Other Bulgaria” became clear that the law was changed in 2009 and the procedure is shortened to six months but still remains the problem for the social services to make their study for the environment in which the child will live in order to give their opinions about the prospective adoptive parents.

In a petition to the Ombudsman of the Republic of Bulgaria RP "The Other Bulgaria" expressed their insistence to change the restrictive Article 110 of the Family Code, which states: "A child residing in the Republic of Bulgaria may be adopted by a person ordinarily resident abroad, when all other possibilities for adoption in the country are exhausted. "

In the discussion of the information agency CROSS participation took the representatives of the Ministry of Justice, representatives of the Ombudsman Ginyo Ganev, deputies from different political powers, representatives of the State Agency for Bulgarians Abroad, representatives of the State Agency for Child Protection and others.

Procedure

The main problems related to the child custody and the inclusion of the children in the register for adoption have been solved with the texts of the new Family Code which entered into power on 1/10/2009, said Valentina Bogdanova – member of the commission for the Education, Science and issues of children, Youth and Sports - AB. "The period in which the children which are not looked for by their parents can be proposed for adoption is reduced from 3 years to 6 months. The legal standards, however, can not resolve another problem that accompanies the activities of state bodies. Bulgarian families, adoptive applicants, are looking for healthy Bulgarians up to 3 years old. They are not interested in the vast majority of children in the registers – gypsies, children with disabilities or older chilren. These children rely mainly on international adoption. The new legal texts speed up these procedures - if during the period for national adoption nobody is interested in the child - it is included in the register for international adoption. I find it proper to exhaust all possibilities Bulgarian children without parents, to grow into Bulgarian families”, says Ms. Bogdanova.

"With the new Family Code, adopted on 1/10/2009 year the laws has changed / in particular Chapter 8 / associated with adoption.

Following the changes in the law, Bulgarians living abroad are treated as foreigners and have to submit documents for adoption of Bulgarian children under the international procedures.

Change that discriminate the Bulgarians who are living abroad

According to Mrs. Bogdanova, the adopted amendments violate the equality among Bulgarians and discriminate against those who temporarily or permanently are residing abroad. According to paragraph 2 of Art.6 of the Constitution of Bulgaria: All citizens are equal before the law. There shall be no restriction of rights or privileges based on race, nationality, ethnicity, sex, national origin, religion, education, beliefs, political affiliation, personal or social status or property possession.

In this context, we created the Civil Initiative for Equal Rights for adoption.

We would like a change in the law which does not violates our rights as Bulgarian citizens, regardless of our place of residence:

1. Introduction of a social report directly to the Ministry of Justice without passing through the accredited agencies.

2. Bulgarian citizens living permanently abroad, but maintained Bulgarian citizenship to be treated as such and have priority over foreigners for the adoption procedures. Having this in mind that children need to be provided with a chance to grow first in a familiar environment, ethnicity and language.

Even when we are living abroad we talk in our families Bulgarian language and we have such a culture.”

"As to the difficulties for Bulgarian adoption candidates who live outside the country there should not be any restrictions in the legislation for Bulgarian candidates for adoptive parents and there should not be any differences compared to Bulgarian citizens living in the country," said Mr. Vanyo Sharkov - PG Blue coalition, deputy chairman of the health committee - the view was taken by telephone as Mr. Sharkov on the road. He said "The procedure in respect to the foreign nationals is more complex and longer, but this is dictated by the fact that too much has been said that these children have been marketed abroad and in order not to rise to such debate there is a strict procedure for foreigners.”

"The transition from home for abandoned children in a family of Bulgarians, regardless of whether they live in Bulgaria or abroad is a natural and lightweight, they adapt easily to the home environment, speak the same language, have the Bulgarian education, culture, etc. Bulgarian children adopted by foreigners are experiencing the shock of a new country, language, culture, education and the adaptation is difficult, moreover, they completely loose their identity and become foreigners, "said Ms Victoria Petrunova

But to think ...

Victoria Petrunova signaled for the risk of changes in the law relating to circumvention of the law and the after adoption control. "With so decided changes in the law it could becreated conditions to circumvent the law and corruption, which are in complete conflict with the requirements of the Hague Convention. The possibility for adoption according to the National procedure by foreign nationals with usual residence in Bulgaria, without foreseeing any special restrictions or conditions would create preconditions for the adoption of tourism and trafficking of children, similar to that in Africa and Asia. On the other hand Bulgarian citizens living abroad would have recourse to the option of adoption process by the National procedure by fictitious residence in Bulgaria for a certain period of time. These opportunities for circumvention would trouble the after adoption control and create opportunities for corruption schemes” warned Ms Petrunova.

In the same spirit is the statement of Ivilina Aleksiva from the Institute for advanced policy, who believes that "the main priority in adoption process is to protect the interests of the child. For this purpose, it should be made a research of the family environment and atmosphere that can not be replaced by a declaration. For me, the problems are related to: 1) removing the priority on territorial lines, 2) significantly faster and more efficient procedures, 3) reduction of bureaucracy, if this is possible. And the social study is not a bureaucratic element.”

Examples of good practice

"There are many examples of countries that have ratified the Hague Convention, which gives priority to the candidates for adoptive parents who are citizens of the country of origin of the child and live outside of that country. Examples of such are Lithuania, Poland, India,” says the leader of PP " The Other Bulgaria” Mr. Bozidar Tomalevski. He immediately proposed to the Ministry of Justice to "examine all records in adoption, which started under the old legislation and have not been completed within 3 months to have a clear, precise and definite opinion. The opinion should be made available to the prospective adoptive parents. Mr. Tomalevski made a proposal to the Ministry of Foreign Affairs, “if it is not given adequate information regarding the documents for adoption in the embassies of Bulgaria in the world to take the appropriate actions and provide all the necessary information in our embassies.”

Suggestions

Victoria Petrunova came up with three proposals for simplifing the procedure related to the Bulgarians living abroad. "To be restored the rights of Bulgarian citizens abroad to apply under national procedures. If this is not possible and is an international requirement, to apply under the procedure of the International Department of Justice, but be entered in the National Register, along with all Bulgarian citizens, because belongs to them by law. If this is also not possible, to be entered in the International Register, but to be given priority over foreigners!” Mrs. Petrunova turned with these proposals to the Ministry of Justice.