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THE PARLIAMENT OF ROMANIA

Promulgated through
Decree no. 482/2004

Law no. 273/2004

of 06/21/2004
Published in the Romanian Official Gazette, Part I, no. 557
on 06/23/2004

LAW
On the legal status of adoption

The Parliament of Romania adopts the present law.

CHAPTER I
General provisions

Art. 1. – Adoption is the legal ope ration through which a filial
relationship is created between t he adopter and the adoptee, and a
kinship relationship is created between the adoptee and the adopter’s
relatives.

Art. 2. – The following principles must be obligatorily observed
during the adoption procedure:
a) the principle of the child’s best interests;
b) the principle of raising and educating the child in a family
environment;
c) the principle of continuity in the child’s education, taking into account his or her ethnic, cultural and linguistic origin;
d) the principle of informing the child and taking the child’s views into account in acco rdance with his or her age and
maturity;
1

e) the principle of celerity in drafting any documents pertaining
to the adoption procedure.

Art. 3. – In the sense of the p resent law, the terms and
expressions below have the following meanings:
a) the adoptee – the individual who will be or has been adopted in
compliance with the present law;
b) the adopter – the individual who is willing to adopt or has adopted someone, in compliance with the present law;
c) the internal adoption – t he adoption in which both the adopter
or the adopting family, as we ll as the adoptee have their
domicile in Romania;
d) the international adoption – t he adoption which, in compliance
with the present law, is not c onsidered to be an internal one;
e) the certificate – the document drafted in compliance with the
present law, which is proof of so meone’s capacity to adopt as a
result of fulfilling the moral warranties and material
requirements needed for the complete and harmonious
development of the child’s personality;
f) the Hague Convention – the C onvention on the Protection of
Children and Co-operation in respect of Intercountry Adoption,
concluded in the Hague, on May 29, 1993 and ratified by
Romania through Law no. 84/1994, published in the Romanian
Official Gazette, Part I, no. 298/October 21, 1994;
g) the child – the human being below t he age of 18, who does not
have full capacity to exercise hi s or her rights, in compliance
with the law;
h) the department – the General Social Assistance and Child
Protection Department, a public in stitution with legal status,
established under the subordination of the county councils, and
the local councils of the Bucharest sectors, respectively, in
compliance with the law;
i) the adopting family – the husband and wife who are willing to
adopt, or who have already adopted a child, in compliance with
the present law;
j) the family – the family made up of the children and the parents
who are providing for them;
k) the extended family – the child, the parents and his or her
biological relatives, including fourth degree relatives;
2

l) the substitute family – the individuals, others than those who belong to the extended family, who, in compliance with the law,
ensure the raising and care of the child;
m) the Office – the specialized inst itution of the central public
administration with legal status, which has been established as
a result of re-organizing the Romanian Committee for
Adoptions, and which has su pervisory and coordinative
responsibilities of all activi ties pertaining to adoption;
n) the biological parent – the individual with whom the child
already has a biological filial relationship established, in
compliance with the law;
o) the individualized protection plan – the document which
provides the planning of services , benefits and child protection
measures, based on the psycho-social evaluation of the child
and his or her family, in order to integrate a child who has been
separated by his or her fam ily, into a permanent and stable
family environment, in the shortest possible time;
p) the receiving state – the state in which the adopter or the
adopting family reside, in cases of international adoption, and
where the adoptee will move following the approval of the
adoption.

Art. 4. – During the entire adoption process, the department in
whose territorial range the child’s domicile is located, is compelled to
provide the child with clear and conc ise information and explanations,
suitable for his or her age and deg ree of maturity, concerning the
steps and duration of the adoption process, and its outcomes, the
adopter or the adopting family and his or her relatives.

CHAPTER II
The fundamental adoption conditions

Art. 5. – (1) The adoption will be performed only if it is in the
child’s best interests.
(2) The child may be adopted until he or she reaches the age of
civil majority.
(3) The major individual can be ado pted only if the adopter or the
adopting family has raised him or he r during the time when he or she
was a minor.
3

Art. 6. – (1) During the adoption proce ss, all necessary measures
will be taken so that siblings are entrusted together.
(2) The separate entrustment of the si blings in view of adoption, as
well as the adoption of siblings by different individuals or families can
only be accomplished if it is in the children’s best interests.

Art. 7. – (1) The child, and the major referred to in art. 5,
paragraph (3) respectively, cannot be adopted by several adopters
neither simultaneously, nor successively.
(2) However, as an exception to the provisions stipulated under
article (1), simultaneous or successive adoptions may be approved, if
the adopters are husband and wife.
(3) As an exception to paragraphs (1) and (2), a new adoption
process may be approved when:
a) The adopter or the adopting coupl e have passed away; in this
case, the previous adoption is considered terminated on the
day when the court decree iss ued to approve the new adoption
becomes irreversible;
b) The previous adoption came to an end for any other reason.

Art. 8. – (1) Adoption between siblings is forbidden.
(2) The adoption of a couple or of a former couple by the same
adopter or adopting family is forbidden.
(3) Mentally retarded individuals and individuals who suffer from
mental disorders cannot adopt.

Art. 9. – (1) The only individuals allowed to adopt are those who
have the full capacity to exercise thei r rights and who are at least 18
years older than the pers on they wish to adopt.
(2) For rigorous reasons, the co urt may approve adoption even
when the age difference between the adoptee and the adopters is of
less than 18 years, however, un der no circumstance can the age
difference be of less than 15 years.

Art. 10. – (1) The adopter or the adopting family must supply the
moral warranties and the financial resources needed for the complete
and harmonious development of the child’s personality.

4

(2) According to the provisions of the present law, competent
authorities must certify that the warranties and resources stipulated
under paragraph (1) are prop erly supplied.

Art. 11. – (1) The individuals who must consent to adoption are
the following:
a) The biological parents, or, if the case, the legal guardian of the
child whose parents are deceased, are not known, have been
declared dead or missing or under interdi ction, according to the
law;
b) The child who has reache d the age of 10 years old;
c) The adopter or, if the case, the adopting family.
(2) The consent given while considering a promise or service in
return, which should be granted pr eviously or after the consent, and
regardless of its nature, is no t regarded as legally binding.

Art. 12. – (1) The child’s biological parents must give their consent
for adoption. In the case when the spouse of the adopter is also
willing to adopt the child, the consen t must be given by the spouse
who already is an adoptive parent of the child.
(2) The parent or parents who hav e been deprived of parental
rights or upon whom was enforced the penalty of prohibiting parental
rights maintain their right to consent to the child’s adoption. The
consent of the legal guardian is compulsory.
(3) If one of the biological parent s is deceased, unknown, declared
deceased or missing in accordance wi th the law, under interdiction,
as well as if the biological parent is incapable to express his or her
will under any circumstances, the consent of the other parent is
sufficient.
(4) The consent of the biologica l parents of the child is not
necessary, if both of them are subj ect to any of the situations
stipulated under paragraph (3), as well as in the case of the adoption
stipulated under art . 5, paragraph (3).

Art. 13. – In exceptional cases, the court may bypass the refusal
of the parents or, if the case, of the legal guardian to consent to the
adoption of the child, if it is proven by any method of evidence that
they are abusively refusing to give their consent for adoption and the
court considers that adoption is in the child’s best interests, taking
into account the child’s opinion given as stipulated under article 11,
5

paragraph (1), line b), and, in this regard, the court provides a specific
motivation for the decision.

Art. 14. – The child’s biological parents or, if the case, the child’s
legal guardian must consent to adoption freely, unconditionally, and
only after they have been properly informed on the consequences of
adoption, especially on the termination of all kinship relations of the
child. The department in whose territ orial range the parents are living,
must provide counseling and information to the parents or, if the
case, to the legal guardian, before they express their consent for
adoption, and must draft a report in this sense.

Art. 15. – (1) The consent of the biologi cal parents or, if the case,
of the legal guardian, will be given in front of the court of law, at th
e
time of ruling the petition for the initiation of the adoption procedure.
(2) In the case of the adoption of the child by his or her parent’s
spouse, the biological parent’s consent shall be expressed in a
certified form, through a notarized document
(3) While requesting the consent stipulated under paragraph (1),
the court will also require the depar tment to present the report which
confirms the accomplishment of the obligation stipulated under art.
14.

Art. 16. – (1) The consent of the child’s biological parents for
adoption, or if the case, the consen t of the legal guardian, may be
given after 60 days from the dat e when the child was born, as
indicated in the birth certificate.
(2) The biological parent or if the case the legal guardian can
cancel their consent within 30 days since the consent was issued
according to the law.

Art. 17. – (1) The consent for the adoption of the who has reached
the age of 10 years old will be given in front of the court of law, at t
he
time of ruling the petition for the adoption approval.
(2) The adoption will not be approved of without the consent of the
child who has reached the age of 10 years old.
(3) Prior to giving his or her consent, the department in whose
territorial range is located the chil d’s domicile, will advise and inform
him or her, taking into consideration the child’s age and degree of
6

maturity, especially on the consequences of adoption and of his or
her consent for adoption an d will draft a report concerning this issue.

Art. 18. – (1) The consent of the adopter or of the adopting family
is given in front of the court of law, at the time of ruling the petition for
the adoption approval.
(2) If the individual who wishes to adopt is married, the consent of
his or her spouse is also necessary, with the exception of the cases
in which the spouse is unable to express his or her will. The
provisions stipulated under paragraph (1) will be properly enforced.

CHAPTER III
The internal adoption procedure

SECTION 1
The certification of the adopter or of the adopting family

Art. 19. – (1) The evaluation of the moral warranties and material
requirements of the adopter or of the adopting family is conducted at
their own request, by the department in whose territorial range is
located their domicile, and must focus on:
a) the personality, health co ndition and the economic situation
of the adopter or of the adopting family, the family life, living
conditions, and the capacity to educate a child;
b) the reasons for which the ad opter or the adopting family wish
to adopt;
c) the reasons for which, in case when only one of the two
spouses files a petition to adopt a child, the other spouse
does not join up the petition;
d) the obstacles of any kind which are relevant to the capacity to adopt.

(2) Based on the results of the evaluation stipulated under
paragraph (1), the departme nt in whose territorial range is located the
domicile of the adopter or of the ado pting family, will decide within 60
days from the date when the evaluation request was submitted by the
7

adopter or by the adopting family, whether they have or not the
capacity to adopt. In case of a positive result of the evaluation, the
department shall issue a certificate for an adoptive person or family
able to adopt.
(3) The certificate issued by the department in whose territorial
range is located the domicile of the adopter or of the adopting family,
is valid for a period of one year. The validity of this certificate can be
extended on a yearly basis, on condition of upholding the same
conditions stipulated un der paragraph (1) and following an application
for the renewal of the certificat e, filed by the adopter or by the
adopting family.
(4) In case of a negative result of the evaluation, the adopter or the
adopting family have the right to request that the department perform
a re-evaluation, within 30 days from the date when the initial result
was presented to them.
(5) The negative result of the re-evaluation can be appealed
against, within 15 days from the date when its result was presented,
in the competent court of law in w hose territorial range is located the
domicile of the adopter, and which is authorized to rule in adoption
cases.

Art. 20. – Obtaining the certificate is not mandatory in the
following cases:
a) for the adoption stipulated under art. 5, paragraph (3);
b) for the adoption of the child by the spouse of his or her
biological or adoptive parent.

Art. 21. – During the evalua tion process, the department in whose
territorial range is located the do micile of the adopter or of the
adopting family, must provide them with the preparatory/counseling
services that are necessary in order to assume the role of parent fully
aware and in the a ppropriate manner.

SECTION 2
The initiation of the internal adoption procedure

Art. 22. – (1) Based on the individualized protection plan, as it is
regulated by the Law no. 272/200 4 on the protection and promotion

8

of the rights of the child, the department in whose territorial range is

located the child’s domicile, takes the necessary measures in order to
reintegrate the child in the family, or if the case, to place the child with
the extended or substitute family.
(2) The individualized protection plan may result in internal
adoption, if the measures ta ken for reintegrating the child in the family
or in the extended family have failed.
(3) Within 30 days from the date when the measures stipulated in
paragraph (2) were taken, the department in whose territorial range is
located the child’s domicile, will no tify the court of law in whose
territorial range is located the child ’s domicile, in order to approve the
initiation of the internal adoption procedure.

Art. 23. – (1) The approval for the initia tion of the internal adoption
procedure will only be granted if:
a) the individualized protection plan establishes the need for
internal adoption;
b) the child’s parents or, if the case, the child’s legal guardian
express their consent to adopt ion in accordance with the
present law; the provisions st ipulated under art. 12, paragraphs
(2), (3) or (4) or under ar t. 13 are properly enforced;
(2) The department presents evidence of having properly taken
the necessary measures stipulated under art. 22, paragraphs (1) and
(2). In case of the child fo r whom a legal guardian has been
appointed, the approval of the initiation of the adoption procedure is
done upon the request of th e department in whose territorial range is
located the child’s domicile, and only if the court considers that the
condition specified under paragraph (1), line (b) has been met, and
that the initiation of the adoption p rocedure is in the best interests of
the child.
(3) The irreversible court decree through which the court of law
accepts the department’s reques t has the following outcomes:
a) the parental rights and obligations of the bi ological parents, or if
the case, those exercised by private or legal entities, are
suspended;
b) the parental rights and obligati ons are exercised by the county
council or, if the case, by the local council of the Bucharest
sector, in whose territorial range is located the child’s domicile,
through the department.
9

(4) As an exception, the outcomes of the court decree stipulated
under paragraph (1) automatica lly cease if, within one year from the
date when the decree became irrev ersible, the department has not
identified an appropriate individual or family for the child, and has not
initiate the procedures stipulated by the present law, in view of
finalizing the internal adoption process.
(5) In the situation stipulated under paragraph (4), the department
must revise the individualized prot ection plan of the child and request
the court of law one of the followi ng, according to the plan’s end
results:
a) to maintain, modify or terminate the child protection measure;
b) to approve the initiation of a new adoption procedure.

Art. 24. – The provisions of the present section are not applicable
in the case of the adoptions sti pulated under art. 5, paragraph (3) and
art. 20, line b).

SECTION 3
The entrustment of a chil d in view of adoption

Art. 25. – (1) The adoption may be approved by the court of law
only after the child has been entrust ed for a period of 90 days to the
individual or family who wishes to ad opt him or her, so that the court
may rationally assess the family relationships which would be
established if the adopt ion would be approved.
(2) The child’s capacity to adapt, both physically and mentally, to
his or her new family environment will be analyzed in terms of socio-
professional, economic, cultural, ling uistic, religious conditions, as
well as in terms of any other such elements which are characteristic
to the location where the child lives during the entrustment period and
which may be relevant in assessi ng the subsequent evolution of the
child, in case the adoption is approved.

Art. 26. – (1) Within 30 days from the date when the court decree
through which approval was granted for the initiation of the internal
adoption procedure, has became final and irreversible, the
department in whose territorial range is located the child’s domicile
10

takes all the necessary measures, in order to identify the most
suitable adopter or adopting families for the child.
(2) Within the deadline stipulated under paragraph (1), the
department in whose territorial range the child’s domicile is located,
analyzes the alternative of entrustin g the child in view of adoption
primarily to a relative belonging to the extended family, with the
exception of the case stipulated under art. 8, paragraph (1), to the
professional maternal assistant in whose care the child is, or to any
other individual or family where the child has been placed.
(3) If there are no adoption petitions from the relatives or the
families stipulated under paragraph (2), the department in whose
territorial range is located the child ’s domicile takes the necessary
measures, in order to identify within its administrative and territorial
range a certified individual or family, who are registered with the
Office.
(4) If, after the deadline sti pulated under paragraph (1), the
department in whose territorial range is located the child’s domicile,
has not identified an adopting individ ual or family out of the persons
stipulated under paragraphs (2) and (3), it requests the Office to
forward, within 5 days, the centra lized national list of adopting
individuals or families who are certif ied and registered in the National
Adoption Record.
(5) The selection of the adopter or of the adopting family suitable
for the child must be made within 60 days from the date when the
centralized list is received, by the department in whose territorial
range is located the child’s domicile, taking into account the child’s
best interests, the information include d in the adopter’s certificate and
the evolution of the child’s situat ion until that specific date.
(6) The adopter or the adopting family are notified on their
selection within 3 days, by the depar tment in whose territorial range is
located their domicile.

Art. 27. – (1) As a result of the select ion process, the department
in whose territorial range is locat ed the child’s domicile, verifies and
assesses the compatibility of the child with the adopter or with the
adopting family.
(2) The compatibility is established by taking into account and
paying appropriate attention to the child’s needs, wishes and
opinions, as expressed by him or her. The child’s best interests must
be primarily taken into consideration.
11

(3) In the case in which, as a result of conducting the verification
stipulated under paragraphs (1) and (2), the department in whose
territorial range is located the child’s domicile, establishes the
compatibility between the child a nd the selected individual or
adopting family, it immediately notifie s the court of law, in order to
entrust the child in view of adoption.

Art. 28. – The entrustment of the child in view of adoption is
decided for a period of 90 days by th e court of law in whose territorial
range is located the child’s domicile.

Art. 29. – (1) The entrustment in view of adoption is not necessary
in the following situations:
a) for the adoption stipulated under art. 5, paragraph (3);
b) for the adoption stipul ated under art. 20, line b);
c) for the adoption of the child for whom an internal adoption
procedure has been initiated and wh o has been placed with the
adopter or with the adopting fam ily, and the placement measure
is enforced for at least 90 days;
d) for the adoption of the child by his or her legal guardian, if at
least 90 days have elapsed from the date of establishing the
legal guardianship.
(2) In the situations stipulated under paragraph (1), lines a) and b),
the individual or the fam ily who wishes to adopt will be able to directly
petition the court of law for adoptio n approval, in accordance with the
present law.

Art. 30. – (1) During the period of entrustment in view of adoption,
the child’s domicile is that of the individual or family to whom he or
she has been entrusted. The usual ac ts that are needed in order to
exercise parental rights and fulfill parental obligations, with the
exception of those that require the conclusion of a legal act, are
conducted by the individual or family to whom the child has been
entrusted.
(2) The right to represent the child in legal acts or, if the case, to
approve the acts which the child concludes, as well as the right to
administer the child’s property, are ex ercised by the county council or
the local council of the Bucharest se ctor in whose territorial range is
located the domicile of the individual or family to whom the child has
been entrusted in view of adoption. In exceptional situations, the
12

administrative right may be transferred to the individual or family to
whom the child was entrusted, in order to conduct special acts, in the
best interests of the child, and which will be specially stated in the
document which authorizes the transfer of that right.

Art. 31. – (1) During the period of entrustment in view of adoption,
the department in whose territorial range is located the domicile of the
adopter or of the adopting family, monitors the evolution of the child
and of the relationship between the child and the individual or family
to whom he or she has been entrust ed, and drafts bi-monthly reports
on this subject.
(2) At the end of the period of entrustment in view of adoption, the
department drafts a final report concerning the evolution of the
relationship between the child and the adopters, which is then
forwarded to the competent court of la w, in order to rule the petition
for adoption approval.
(3) Drafting and sending the repor t stipulated under paragraph (2)
is also compulsory when the child is in one of the situations specified
under article 29, paragraph ( 1), lines c) and d).
(4) The petition for adoption approval filed with the court of law,
automatically extends the period of entrustment, until the court of law
issues an irreversible decree.

Art. 32. – (1) If, during the period of entrustment in view of
adoption, the department in whose territorial range is located the
domicile of the adopter or of the adopting family, concludes that the
child did not adjust to the individual or the adopting family, or that
there are reasons which could impede upon the finalization of the
adoption procedure, it notifies immediately the court of law, in order to
have the court revoke or, if the case, extend the entrustment
measure.
(2) The provisions regarding the ruling procedures for entrustment
petitions are also properl y enforced in the case of the petitions
stipulated under paragraph (1). The de cree through which the court of
law rules in favor of entrustment revocation or extension is
automatically executory.

Art. 33. – If, in the situation sti pulated under art. 32, paragraph (1),
the court of law rules to revok e the entrustment measure, the

13

department must re-initialize the procedure stipulated under art. 26
and 27.

SECTION 4
The adoption approval

Art. 34. – The adoption approval is granted by the courts of law.

Art. 35. – (1) The petition for adoption approval may be filed
directly by the adopter or by the adopting family, in the case of the
adoption stipulated under art. 5, paragraph (3) and art. 20, line b),
while in all other cases, the petition for adoption approval can be filed
either by the adopter or by the adop ting family, or by the department
in whose range is located their domi cile, at the end of the period of
entrustment in view of adoption, or if the case, after the deadlines
stipulated for the adoption of a chil d who is in one of the situations
indicated under art. 29, paragraph (1), lines c) and d).
(2) The petition for ado ption approval is accompanied by the
following documents:
a) a legalized copy of the child’s birth certificate;
b) a medical certificate on the child’s health condition, which
has been issued by the public medical institutions appointed
by the public health department;
c) the valid certificate of the adopter or of the adopting family;
d) the irreversible court dec ree of placement in view of
adoption;
e) a legalized copy of the birth certificates of the adopter or of
the husband and wife from the adopting family;
f) a legalized copy of the m arriage certificate of the adopter or
of the spouses from the adopting family;
g) the police record of the adopt er or of each spouse from the
adopting family;
h) a medical certificate on the adopter’s health condition, issued by the adopter’s family physician;
i) relevant documents concerning the consent of the child’s
biological parents, to the ex tent when no previous court
decree approved the initiation of the internal adoption

14

procedure; the provisions stipulated under art. 12,
paragraphs (3) or (4), or of art. 13 are properly enforced.

Art. 36. – The department in whose t erritorial range is located the
domicile of the adopter or of the adopting family, will have the
obligation to send the final report s specified under art. 31, paragraph
(2), or, if the case, under art. 31, paragraph (3), within at most 5 days
prior to the date when it was subpoenaed for the ruling of the case,
as well as, if the case, to provide the court of law with any relevant
information that may be needed in order to rule the petition for
adoption approval.

Art. 37. – (1) The court of law will accept the petition for adoption
approval only if, based on administe red evidence, it has concluded
that the adoption is in the child’s best interests.
(2) Within 5 days from the date when the decree which approved
the adoption has become irrev ersible, the department which
participated in the ruling of the adoption approval petition will issue a
written notification in this reg ard, for the biological parents.

Art. 38. – (1) The department in whose territorial range is located
the domicile of the child, will fo llow up and draft quarterly reports on
the child’s evolution and on his or her relationship with his or her
adoptive parents, for a period of time of at least two years after the
adoption has been approved.
(2) The department in whose territorial range is located the child’s
domicile, must provide post-adopti on services to the adoptive
parents.

CHAPTER IV
The international adoption procedure

SECTION 1
General provisions

Art. 39. – The international adoption of the child whose domicile is
in Romania may only be approved in case the adopter or one of the
spouses in the adopting family who have the domicile abroad is the

15

grandparent of the child for whom the petition for internal adoption
initiation has been approved.

Art. 40. – (1) The petition for adoption approval is forwarded by
the Office to the court of law.
(2) The court will then rule, in ac cordance with the present law,
only after analyzing the department’s report concerning the existence
of any similar petitions fr om relatives up to the 4
th degree, who have
the domicile in Romania.

Art. 41. – International adoption has the outcomes stipulated
under art. 50-53 and infers the transfer of the child to the territory of
the receiving state, following t he approval of the adoption by the
Romanian court of law.

Art. 42. – International adoption, in case the adoptee have the
domicile abroad, and the adopter or t he adopting family have the
domicile in Romania, is subject to the provisions stipulated under art.
30 – 33 of Law no. 10 5/1992 on regulating the private international
law relations.

SECTION 2
The certification of the adopter or of the adopting family from the
receiving state

Art. 43. – (1) The petitions filed by i ndividuals or families who have
the domicile on the territory of anot her state, which is a signatory of
the Hague Convention, and who wish to adopt a child from Romania,
are forwarded to the Offi ce through the competent central authority
from the receiving state or through its accredited organizations.
(2) In the case of the receiving st ates who are not signatories of
the Hague Convention, the petitions stipulated under paragraph (1)
are forwarded to the Office through the appointed author ity which has
responsibilities in the field of inte rnational adoption or through the
accredited organizations from the receiving state.
(3) The accredited organizations stipulated under paragraphs (1)
and (2) must also be authorized by th e Office, in accordance with the
methodology approved though a Government Decision.

16

Art. 44. – The petition of the adopter or of the adopting family is
recorded by the Office only if the competent central authority from the
receiving state or its legally accredited and authorized organizations
certify that:
a) the adopter or the adopti ng family meet the adoption
eligibility conditions and are su itable to adopt, in accordance
with the applicable legislation of the receiving state;
b) the adopter or the adopti ng family have received the
necessary adoption counseling in the receiving state;
c) a post-adoption survey of the child’s evolution is provided for
a period of time of at least two years;
d) post-adoption services are provided for the child and the family in the receiving state.

Art. 45. – (1) The petitions forwarded to the Office must be
accompanied by the following documents:
a) a report drafted by the com petent authorities from the
receiving state, which should include information regarding
the identity of the individuals who wish to adopt, their
capacity and ability to adopt, thei r personal, family, financial
and medical situation, the so cial environment, the reasons
which have determined them to adopt a child from Romania,
as well as information regarding the children whom they may
receive for adoption; the report’s conclusions will be
supported by the documents issued by the competent
authorities from the receiving state;
b) legalized copies of the birth and marriage certificates and of
the identity documents of the individuals who wish to adopt,
along with a legalized translation into Romanian;
c) the police records of the individuals who wish to adopt;
d) a separate medical report for each of the adopters;
e) the document which certifie s that there is a warranty to the
fact that the adoptee has the possibility to enter and
permanently live in the receiving state.
(2) The documents stipulated und er paragraph (1), lines a), c), d)
and e) will be original documents and will be accompanied by a
legalized translation into Romanian.

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SECTION 3
The approval of the international adoption by the court of law

Art. 46. – (1) The petition for adoption approval, accompanied by
the documents stipulated under articles 43-45, is forwarded by the
Office to the court of law.
(2) The provisions stipulated in chapter VII will be properly
enforced.
(3) The Office has the obligation to ensure that the adoptee will
benefit, in the receiving state, from the same warranties and
standards which are equivalent to t hose provided in the case of a
national adoption; upon reaching a decision concerning the petition
for adoption approval, the court w ill also take into account the
document which certifies that th is obligation is fulfilled.

Art. 47. – Based on the irreversible adoption approval decree, the
Office issues a certificate whic h attests that the adoption is in
accordance with the norms of th e Hague Convention, within 3 days
from the date of being inform ed about the adoption decree.

Art. 48. – The journey of the adoptee f rom Romania to the state of
domicile of the adopter or of the ado pting family is possible only when
the adoption approval decree has become final and irreversible. The
adoptee travels only accompanied by the adopter or by the adopting
family, in safety conditions whic h are appropriate to the adoptee’s
needs.

Art. 49. – (1) The Office must assess the child’s evolution and the
relationship between the child and the adoptive parent or parents for
a period of time of at least tw o years after the approval of the
adoption, through the competent central authority or the accredited or
authorized organization from the domicile state of the adoptive
parents.
18

(2) For the purpose of fulfilling the obligation stipulated under
paragraph (1), the Office must req uest quarterly reports from the
competent central authority or the accredited and authorized
organization from the receiving state.
(3) In case that, subsequent to the international adoption, the
adopter or the adopting family ta kes domicile in Romania, the
assessment of the child’s evolution becomes the responsibility of the
department in whose territorial range is located the domicile of the
adoptee.

CHAPTER V
The outcomes of adoption

Art. 50. – (1) The adoption generates outcomes starting only from
the date when the adoption decree has become irreversible.
(2) A filial relationship is established between the adoptee and the
adopter through the adoption, as well as family relations between the
adoptee and the adopter’s relatives.
(3) At the moment of establishing the filial relationship through the
adoption, the natural kinship between the adoptee and his or her
descendants, on the one hand, and his or her biological parents and
their relatives, on the other hand, ceases, with the exception of the
adoption stipulated under art. 20, line b), when the termination of the
kinship is enforced only with regard to the biological parent and the
relatives of the biological parent w ho is not married to the adopter.
(4) According to the law, there is a marriage interdiction caused by
kinship both between the adoptee an d his or her descendants, on the
one hand, and his or her biological relat ives, on the other, as well as
between the adoptee and his or her de scendants, on the one hand,
and the individuals with whom he or she has become related through
the adoption, on the other hand.
(5) The outcomes of international adoption, as well as the
outcomes of the annulment of th e international adoption on the
adoptee’s citizenship are those sti pulated under the Law no. 21/1991
on Romanian citizenship, re-published, with subsequent additions
and changes.

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Art. 51. – (1) The adopter has towards the adopted child all the
rights and obligations which a biolog ical parent has towards his or her
child.
(2) In case the adopter is the sp ouse of the adoptee’s biological
parent, the parental rights and obligations are exercised by both the
adopter and the biological parent married to the adopter.
(3) The adoptee has towards th e adopter all the rights and
obligations which an individual has towards his or her biological
parents.

Art. 52. – (1) The adopters will inform the child that he or she has
been adopted, as soon as the child’s age and degree of maturity
allow it.
(2) The adopters and the adoptee have the right to obtain from the
competent authorities public records excerpts, which certify the
occurrence, date and place of birth, but do not specifically reveal the
adoption, nor the identity of the biological parents.
(3) The identity of the adoptee ’s biological parents may be
revealed before the adoptee acquires full capacity to exercise his or
her rights, only for medical reasons, with the authorization of the court
of law, upon the request of any of the adopters, of the adoptee, of the
adoptee’s spouse or descendants, or of a medical institution or a
hospital representative.
(4) After acquiring full capacity to exercise his or her rights, the
adoptee will be able to petition the court of law in whose territorial
range is located his or her domicile, or, in case his or her domicile is
located aboard, the Buchar est second level court of law (tribunal), to
authorize his or her access to the information recorded by any public
authority concerning the identity of his or her biological parents.
(5) The court of law subpoenas the department in whose territorial
range is located the child’s domicile, the Office, as well as any other
individuals whose hearing may prove useful in the ruling of this
petition, and will be able to approve it if, according to the
administrated evidence, the court of law concludes that granting
access to the requested information is not harmful to the
psychological integrity and the emotional balance of the petitioner,
and if the respective adoptee has received counseling from the
department.

20

Art. 53. – (1) Through adoption, the adoptee acquires the last
name of the adopter.
(2) If the adoption is made by a couple, or by the spouse who
adopts the child of the other spou se, and the spouses bear the same
last name, the adoptee will acquire it as well. In case the spouses
bear different last names, t hey must state in front of the court of law
which approves the adoption the name which the adoptee is going to
bear.
(3) For rigorous reasons, the cour t of law, by approving the
adoption, at the request of the adop ter or of the adopting family, and
with the consent of the child who has reached the age of 10 years
old, may dictate the change of the child’s first name.
(4) In the case of the adoption of a married individual who bears a
common last name during marriage, the adopted spouse may receive
the last name of the adopter during marriage, with the consent of the
other spouse, given in front of the court of law which approves the
adoption.
(5) Based on the irreversible cour t decree for adoption approval,
the competent population record se rvice drafts, in accordance with
the law, a new birth certificate f or the child, in which the adopters will
be listed as the child’s biological parents. The old birth certificate will
be archived, bearing a side note which states that a new certificate
had been issued.

CHPATER VI
The termination of adoption

Art. 54. – The adoption comes to an end when terminated or
declared null.

Art. 55. – The adoption is terminated in the case stipulated under
art. 7, paragraph (3), line a).

Art. 56. – (1) The adoption is declared null if it was conducted for a
different purpose than that of protecting the child’s best interests, or if
it involved the violation of any form or content conditions stipulated by
the law.
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(2) However, the court of law may reject the petition for adoption
annulment, if it determines that maintaining the adoption is in the
adoptee’s best interests.

Art. 57. – Any interested individual may initiate a court action to
nullify the adoption. After the ad optee acquires full capacity to
exercise his or her rights, this ac tion may only be initiated by him or
her.

Art. 58. – (1) The ruling of cases conc erning the annulment of the
adoption involves the subpoenaing of:
a) the adopter, or if the case, the adopting family;
b) the adoptee who has acquired full capacity to exercise his or
her rights;
c) the department in whose territorial range is located the child’s
domicile, or, in the case of in ternational adoptions, the Office;
(2) The child who has reached the age of 10 years old will always
be heard.

Art. 59. – (1) In the case of the termination of adoption as a result
of an annulment decree, the adopt ee re-acquires the last name which
she or he bore prior to the approval of the adoption.
(2) The biological parents of the ch ild regain their parental rights
and obligations, unless the court decides to establish a legal
guardianship or other special child pro tection measures, according to
the law.

Art. 60. – The department informs the Office about the irreversible
court decrees on the nullity of the ad option, in order for the Office to
record the necessary remarks in t he National Adoption Record.

CHAPTER VII
Joint procedural provisions

Art. 61. – (1) The Romanian courts of law are competent to rule
the petitions stipulated by the pres ent law, if at least one of the
parties involved have their domicile in Romania.
22

(2) The Romanian courts of law are exclusively competent to rule
in the trials concerning the approval of the petitions for internal
adoption procedure initiation, the petitions for entrustment in view of
adoption and the petitions for adoption approval, if the individual who
will be adopted have the domicile in Romania and is a Romanian
citizen or is a foreign ci tizen with no citizenship.
(3) The adoption petitions stipulated by the present law are ruled
by the court of law in whose terri torial range is located the adoptee’s
domicile. The Bucharest second level court of law gives rulings in all
cases for which no competent co urt of law can be determined.
(4) The petitions for the initiation of the internal adoption
procedure, the petitions for the child’s entrustment in view of adoption
and the petitions for adoption approval are initially judged according
to the regulations stipulated in Book III – General provisions on
amiable procedures of the Romanian Civil Procedure Code, with the
exceptions specified under the present law.
(5) The rulings for the petitions stipulated by the present law
cannot be subject to first appeal. The ruling of the second appeal
suspends the enforcement of the initial decree.

Art. 62. – The petitions stipulated under art. 61, paragraph (3) of
the present law are exempt from the judicial stamp tax and are
judged with celerity.

Art. 63. – (1) The petitions stipulat ed under art. 61, paragraph (3)
are judged by specialized judge panels of the court, in the council
chamber, with the mandatory pr esence of the prosecutor. The
department must submit a social survey report on the child.
(2) The biological parents of the child, or, if the case, the legal
guardian and the department in whose territorial range is located the
child’s domicile, will all be subpoenaed during the rulings of the
petitions for the initiati on of the adoption procedure.
(3) The department in whose territorial range is located the child’s
domicile, the department in whose territorial range is located the
domicile of the adopter or of the ad opting family, and the adopter or
the adopting family are all subp oenaed during the rulings of the
petitions for the child’s entrustment in view of adoption, as well as
during the rulings of the petitions for adoption approval.
(4) The department in whose territorial range is located the child’s
domicile, the adopting individual or the adopting family, as well as the
23

Office are all subpoenaed during the rulings of the petitions for the
approval of the international adoption.
(5) The adopter or the adopting family, as we ll as the adoptee are
subpoenaed during the rulings of the petitions for adoption approval
which are stipulated und er art. 5, paragraph (3), while the adopter
and the biological parents of the ad optee are subpoenaed during the
rulings of the petitions for adopt ion approval, which are stipulated
under art. 20, line b).

Art. 64. – (1) The court of law may administrate all evidence
approved by the law.
(2) The hearing of the child who has reached the age of 10 years
old is mandatory during the ruling of the petitions for the initiation of
the adoption procedure and for the ent rustment in the view of
adoption, and the consent of the child who has reached the age of 10
years old is required for adoption approval.
(3) The child’s opinion expressed during the ruling of the petitions
specified under the present law will be taken into account and will be
given due weight, considering the age and degree of maturity of the
child. In case the court rules against the opinion expressed by the
child, the court has the obligation to motivate the reasons which led to
the removal of the child’s opinion.

CHAPTER VIII
The National Adoption Record

Art. 65. – (1) For the purpose of drafting and organizing the
national adoption file system, the Office must draft and update the
National Adoption Record.
(2) The Record includes informati on concerning the adopter or the
adopting family, be they Romanians or foreigners, as well as
information on children for whom the internal adoption procedure has
been initiated, and on children for whom a court decree for
entrustment in view of adoption or for adoption approval or annulment
has been issued.

Art. 66. – (1) In order for the Office to draft and organize the file
system stipulated under article 65, the department in whose territorial
24

range is located the child’s domicile, forwards to the Office copies of
the following documents:
a) the court decree for the approv al of the national adoption
initiation procedure;
b) the court decree for the entru stment in view of adoption;
c) the court decree for the approval of the adoption;
d) the court decree for the annulment of the adoption;
e) the certificate issued accord ing to article 19, paragraph (2).
(2) The documents stipulated under paragraph (1) are forwarded
within 5 days from the date when the court decree becomes final and
irreversible, or within 5 days from the date the certificate is issued,
respectively.
(3) The document stipulated under paragraph (1), line e) will be
accompanied by all data concerning the individuals or families for
whom the certificate was issued.

CHAPTER IX
Final and transitory provisions and sanctions

Art. 67. – (1) The Office takes all meas ures that are necessary, in
accordance with the provisions of the Hague Convention, in view of
preventing unlawful profits, be they financial or of a different kind,
which may be achieved as a result of adoption, and in order to
discourage any practice contrary to the objectives of this convention
and of the present law.
(2) The Office establishes an exclus ive flat tax, which is based on
the maximum costs corresponding to all services provided for the
completion of the international adoption procedure, with the exception
of those regulated t hrough special laws.
(3) The tax stipulated under paragra ph (2) is divided by expense
categories and is approved through a Government decision.
(4) The payment of the tax is made by the adopter or by the
adopting family via a bank transfer to the Office and to the central
authority or the accredit ed or authorized organiza tion from state of
domicile of the adopting parents. The taxes charged by the Office
become incomes to the state budget within 5 days from the date they
are collected.

25

Art. 68. – Donations and sponsorships are forbidden, and so is the
offer coming from the adopter or the adopting family, either in their
own name or through intermediaries, either directly or indirectly, to
provide any unlawful material profits to the Office, to the departments
involved or to the physical persons working in the public institutions
involved in the adoption process.

Art 69. – (1) The participation of private institutions in the
international adoption procedure in Romania is forbidden. The
prohibition also applies to their members or staff, with the exception
of the case when they are in the position of adopter or adopting
family.
(2) The Romanian authorities may cooperate in international
adoption cases with private institut ions which are conducting their
activity on the territory of the receiving state, only if these institutions
are accredited by the respective state and are authorized in
accordance with the provisions stipulated under art. 43, paragraph
(3).
(3) In case it is observed that the provisions stipulated under
paragraphs (1) and (2) are violated, the National Authority for the
Protection of the Rights of the Child must request to the court of law
to dissolve the legal entity involved.
(4) The services and activities which can be conducted by the
foundations, association or federa tions during the national adoption
procedures are established through a Government decision.

Art. 70. – (1) If the parent or the legal representative of a child
requests or receives, either for hi mself/herself or for another
individual, money or other material profits, given in return for the
adoption of the child, they face a punishment of 2 to 7 years in prison
and deprivation of certain rights.
(2) The same punishment is given to the individual who, without
having any such right, intermediates or facilitates the adoption of a
child, for the purpose of gai ning material profits.

Art. 71. (1) The certificate of individual or family suitable to adopt,
which has been issued prior to the enforcement of the provisions of
the present law, is valid for a period of one year from the date it was
issued.
26

(2) The provisions of art. 21 are properly enforced in the case of
individuals or families sti pulated under paragraph (1).

Art. 72. – (1) The petitions for adoption approval that are in the
process of being examined by the court s of law, at the time when the
present law comes into force, are ruled according to the legal
provisions which had been already enforced at the time when the
petition was filed.
(2) The individuals and families to whom children had been
entrusted in view of adoption at the time when the present law comes
into force, will be able to file pet itions for adoption approval, which will
be ruled according to the provisio ns of the Emergency Government
Ordinance no. 25/1995 on the legal status of adoption, which was
approved through Law no. 87/1998, with subsequent changes and
additions.
(3) In all other cases, the whol e adoption procedure must be in
accordance with the provisions of the present law.
(4) For the purpose of enforcing the provisions of the present law,
the Office will renegotiate the bila teral and multilateral agreements in
the field of adoption, which Romani a has signed with other countries,
and which will be published in the Ro manian Official Gazette, Part I.

Art. 73. – In the case of children identified by the child protection
commissions, based on the provisions of the Emergency Government
Ordinance no. 25/1997 which wa s approved through Law no.
87/1998, with subsequ ent changes and additions, and who are
registered with the Romanian Committee for Adoptions at the time
when the present law comes into force, the provisions of art. 22-24
are properly enforced.

Art. 74. – (1) In the case of children who were declared
abandoned by a court of law, in accordance with the provisions of
Law no. 47/1993 on court decrees concerning child abandonment,
the department must re-evaluate th e circumstances in which the
protection measures for these children were taken and draft the
individualized protection plan.
(2) If the individualized protection plan seeks to re-integrate the
child in the biological or extended family, the department requests the
court of law to restore its capacity to exercise parental rights or, if the
27

case, to delegate that capacity to the members of the extended family
where the child will be placed.
(3) The court of law authorized to rule the petitions concerning the
restoration or, if the case, the delegation of parental rights is the
second level court of law (tribunal) in whose territorial range is
located the child’s domicile.
(4) The parents or, if the case, the members of the extended
family, the department in whose terr itorial range is located the child’s
domicile, are subpoenaed during the ruli ng of the petition, and the
presence of the prosecutor is m andatory. The petition will be
accompanied by the social survey report drafted by the department in
whose territorial range is located the child’s domicile.

Art. 75. – (1) The present law comes into force on January 1,
2005, with the exception of the pro visions stipulated under art. 43,
paragraph (3), art. 67, paragraph (3), art. 69 , paragraph (4) and art.
77, which come into force 3 days a fter the present law is published in
the Romanian Official gazette, Part I.
(2) The methodological norms for the enforcement of the
provisions stipulated under art. 43, paragraph (3), art. 67, paragraph
(3), art. 69, paragraph (4) and art. 77 are drafted by the National
Authority for Child Protection and Adoption.
(3) On the date when the present law comes into force, the
following legal acts are abrogated:
a) the Emergency Government Ordinance no. 25/1997 on the
legal status of adoption, published in the Romanian Official
Gazette, Part I, no. 120/June 12, 1997, approved through
Law no. 87/1998, with subs equent changes and additions;
b) the Emergency Government Ordinance no. 121/2001 for the
provisional suspension of all international adoption
procedures, published in the Rom anian Official Gazette, Part
I, no. 633/October 9, 2001, approved through Law no.
347/2002, with subsequent changes and additions;
c) the Government Decision no. 245/1997 on the authorization criteria for private institutions which conduct activities
focusing on the protection of children’s rights through
adoption, published in the Romanian Official Gazette, Part I,
no. 112/June 5, 1997;
d) any other provisions which are contrary to the present law.
28

(4) 3 days after the date of publishing the present law in the
Official Romanian Gazette, Part I, the following legal acts are
abrogated:
a) Law no. 47/1993 on court decrees concerning child
abandonment, published in the Romanian Official Gazette, Part I,
no. 153/July 8, 1993;
b) the Government Decision no. 1315/2000, on certain
measures focusing on the protection of children’s rights through
adoption, published in the Romanian Official Gazette, Part I, no.
678/December 19, 2000;

Art. 76. – The certificates issued by the Romanian Committee for
Adoptions, based on the Governmen t Decision no. 245/1997 on the
authorization criteria for private inst itutions which conduct activities
focusing on the protection of chil dren’s rights through adoption, cease
to be valid on the date when the present law comes into force.

Art. 77. – Within 30 days from the dat e when the present law is
published in the Romanian Official Gazette, Part I, the methodological
norms for the enforcement of t he present law will be drafted and
approved through a Government decision.

This law was adopted by the Parliament of Romania, with observance
to the provisions stipulated under art. 75 and article 76, paragraph (1)
of the Romanian Constitution, republished.

CHAIRMAN OF THE CHAMBER CHAIRMAN OF THE SENATE
OF DEPUTIES
VALER DORNEANU NICOLAE VĂC ĂROIU

Bucharest, June 21, 2004.
No. 273.

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