rroo pp uu e e E E European Network of National Observatories on Childhood Report on National and Intercountry Adoption January 2006 Contents This report has been drafted by Raffaella Pregliasco, with the scientific Introduction 2 coordination of Joseph Moyersoen and Erika Bernacchi Legislation 2 International legislation 2 National legislation 3 Graphic design National and international adoption 4 Barbara Giovannini Typologies of adoption 7 Revocation of adoption 7 Operational protocols 7 Information services for adopting couples and singles 8 Criteria for the “suitability” of singles and couples wishing to adopt 8 Prerequisites for the declaration of the status of adoptability 10 Prerequisites for determining the status of adoptability of a minor and prerequisites for aspiring adoptive parents 13 ChildONEurope Secretariat Italian Childhood and Adolescence Documentation and Analysis Centre Post-adoption services 19 Istituto degli Innocenti Services for adaptation to the scolastic environment 23 P.zza SS. Annunziata 12 50122 Firenze Adoption of children with psycho-physical handicaps 23 tel +39 055 2037305 - 206 - 343 fax +39 055 2037344 The right of the adopted child to know his/her origins 23 e-mail [email protected] web site www.childoneurope.org Statistical data 26 Report on National and Intercountry Adoption 1 January 2006 Introduction Legislation International legislation The institution of national and intercountry adoption has developed greatly in these recent years becoming a phenomenon of great rel e v ance that inspired Signatures and ratifications of the Hague Convention on Protection of Children many studies and res e a r ch. Bearing in mind such recent developments and and Co-operation in Respect of Intercountry Adoption with the aim of studying the different approaches to the institution of adoption in the countries composing the Eur opean Network of National Observat o r i e s ChildONEurope Members Signature Ratification Belgium 27 January 1999 26 May 2005 on Childhood and above all of making a comparat i v e analysis of the legislation Cyprus 17 November 1994 20 February 1995 regulating national and intercountry adoption, the ChildONEur ope Secret a r i a t , Denmark 2 July 1997 1 November 1997 on the mandate of the Network Assembly, prep a r ed a questionnaire on the France 30 June 1998 1 October 1998 issue and sent it to the ChildONEur ope Members and Associated Members. Ireland 19 June 1996 Italy 18 January 2000 1 May 2000 This survey intends to respond to the exigency of more knowledge and Luxembourg 5 July 2002 1 November 2002 information sharing on the legislation, data and practices on the subject. Even Portugal 26 August 1999 19 March 2004 on a general level our knowledge of the different legislative measures Spain 11 July 1995 1 November 1995 reg a r ding adoption and the way in which relations between the differen t ChildONEurope Associated Members Signature Ratification countries function with reg a r d to adoption is inadequate. A perfect example is Austria 19 May 1999 1 September 1999 Czech Republic 1 December 1999 11 February 2000 the lack of documents of a general nature containing the updated laws of EU Estonia 22 February 2002 countries on the subject. But apart from the laws, and even more crucial, there Finland 27 March 1997 1 July 1997 ar e the practices. An effort must theref o r e be made to observe how a given Germany 22 November 2001 1 March 2002 system conceives of and experiences adoption. Furt h e r m o r e it is rec o g n i s e d Greece – – Hungary 25 May 2004 that the practice of adoption is better able to meet the interests of the child if Latvia 29 May 2002 9 August 2002 pr ofessionals in the field (social workers and judges, as well as officials and Lithuania 29 April 1998 ex p e r ts) have more knowledge and experience reg a r ding all the differen t Poland 2 November 1994 12 June 1995 Slovakia 1 June 1999 6 June 2001 models of services utilised in the various countries. The questionnaires sent to Sweden 28 May 1997 1 September 1997 Ch i l d O N Eur ope Members and Associated Members concerned 6 major area s : The Netherlands 26 June 1998 1 October 1998 1. consulting services for adoption United Kingdom 27 February 2003 1 June 2003 2. the prerequisites of aspiring adoptive parents (extension to the Isle of Man) (1 July 2003) 3. the operational protocols that codify the procedures that lead to the Other EU Countries Signature Ratification Malta 13 October 2004 adoption of a minor Slovenia 24 January 2002 24 January 2002 4. post-adoption services 5. eventual preferential channels for difficult adoptions The table indicates that only Greece did not adhere to such Convention. As 6. research efforts in progress emerges from the questionnaire. The questionnaire was compiled by Austria, Belgium*, Cyprus, Czech Rep u b l i c , Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Lithuania, Luxe m b o u r g, Poland, Por tugal, Slovakia, Spain, United Kingdom, Th e Ne t h e r l a n d s . * All data concerning Belgium regard only the French-speaking community. Report on National and Intercountry Adoption 2 January 2006 National legislation ChildONEurope Members Legislation Ch i l d O N E u r ope Associated Members Legislation Belgium • Law 27 April 1987 Austria • Civil Code (Art. 179 to 185 bis) • Decree 4 March 1991 • Aliens Act (Art. 47 and 49) • Decree 14 July 1992 • Act on International Private Law (Art. 26) • Decree11 June 1999 Czech Republic • Family Act 94/63 • Law 24 April 2003 • Social and Legal Protection of Children Act 359/1999 • Decree 31 March 2004 • provisions of the Code of Civil Procedure Cyprus Law 26(III)/94, Law 19(I)/95 Estonia Family Law Act of 12 October 1994, chapter 10 Denmark The Danish Adoption Act, 1972, Consolidation Act, 2004 Finland • Adoption Act (n. 153/1985) France • Civil Code, title VIII, art. 343-370/5 • Adoption Decree (n. 508/1997) • Law n. 604 of 5th June 1996 • Decree of the Finnish Board of Intercountry Adoption • Law n. 111 of 6th February 2001 Affairs (n. 509/1997) • Law n. 93 of 22nd January 2002 Germany Civil Code (par. 1741 and following), Adoption Ireland • Adoption Acts (1952, 1964, 1974, 1976, 1979, 1988, 1991, 1998) Intermediation Law of 27 november 1989, revised on 5 • Adoption rules (1988, 1990, 1993, 1996, 1999) november 2001 Greece Law 30th December 1996 n. 2447 Italy • Law no. 184/1983 • Law no. 476/1998 Hungary Family law (law n. 1952 on marriage, families and • Decree n. 492/1999 custody) • Law no. 149/2001 Lithuania • Civil Code (Chapter XIII, XIV); Code of Civil Procedure Luxembourg • Provisions of Civil Code, of the Code of Civil Procedure, of the Poland • Polish Family and Guardianship Code of 25 February Criminal Code 1964 • Law ratifying the Hague Convention • Civil Code • Law of 31 January 1998 • Ordinance of the Minister of labour and social policy Portugal • Civil Code (art. 1973-2002) of 16 February 2001 • Law by decree no. 314/78 of 27 October • Family and Guardianship Code • Resolution of the Assembly of the Republic n. 4/90 of 31 January Slovakia Act of Social and Legal Protection of Children and • Law by decree no. 185/93 of 22 May Social Guardianship • Decree Law n. 120/98 of 8 May Sweden • Law 796/1971 • Resolution of the Assembly of the Republic n. 8/03 of 25 February • Law 834/1976 • Law 31/2003 of 22 August (amends the Civil Code) • Law 529/1989 • Regulation 17/98 of 14 August • Law 191/1997, Law 192/1997 Spain • Civil Code (arts. 9.4-9.5, 19, 108, 160, 173 bis and arts. 175-180) • Law 82/2001, Law 453/2001 • Law 21/1987 Amending some Articles of the Civil Code and the • Law 1145/2004 Civil Procedural Act The Netherlands • Civil Code (Book I, articles 227-231) • Law 1/1994 • Act concerning the Placement of Foreign Children with • Law 1/1996 regarding Legal Protection of Minors partially a view to Adoption amending the Civil Code and the Civil Procedural Act • Law 1/2000 of the Civil Procedural Act United Kingdom • Adoption (Intercountry Aspects) Act 1999 • Child Protection Laws of the Autonomous Communities • Adoption and Children Act 2002 • The Intercountry Adoption (Hague Convention) Regulations 2003 Report on National and Intercountry Adoption 3 January 2006 National and international adoption normally results in a significant saving of time. In conclusion, special mention should be made of the unique situation in All the Members and Associated Members countries have a l e g i s l a t i o n which states such as the Czech Republic, Slovakia and Poland, which are that governs the question of national and intercountry adoptions. In also the countries of origin of the children and where there is a flow of specific terms, 5 of the Member countries state that there exist c h i l d ren for adoption tow a rds other countries, find themselves in. It is significant differences in the way the two practices are regulated, while 2 w o rthwhile examining the conditions for foreign families wishing to ( I reland and Spain) do not have different legislative measures for adopt a child from these countries. national and intercountry adoption. Of the Associated Members As re g a rds the Czech Republic, for example, foreign families may only countries, only the United Kingdom does not have distinctive legislation adopt children that have been deemed adoptable by a court and for for national and intercountry adoption.