Adoption Legislation

Intercountry Adoption Australia; Ad hoc Adoptions

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UNCLASSIFIED 18/11/14

Dear Adele

Our department is the Australian central authority for intercountry adoption under the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption. We are responsible for the establishment and management of Australia’s intercountry adoption arrangements, and for related policy. We work closely with the state and territory central authorities, which are responsible for the delivery of adoption services, including the assessment and approval of individual intercountry adoption applications.

 

As you note in your letter, Romania is currently only accepting intercountry adoption applications from Romanian citizens and from relatives (within the fourth degree of kinship to the child for whom a domestic adoption proceeding has been approved). Under Australia’s current intercountry adoption arrangements, applicants who fulfil these requirements may already apply to adopt from Romania through either the relative adoption or ad hoc adoption processes. In both cases, applicants must fulfil the requirements set by their state or territory central authority and Romanian authorities, and  their state or territory central authority must agree to facilitate the adoption. Applications for ad hoc and relative adoptions are considered by state and territory central authorities on a case-by-case basis.

 

Australians with Romanian citizenship who wish to adopt a child from Romania may consider submitting an ad hoc adoption request. Ad hoc requests refer to applications to adopt a child from a country Australia does not have a programme with, but where the applicants can demonstrate a significant link to the country of origin (including Australians adopted from Romania). A fact sheet about the ad hoc adoption process is available on our website: Intercountry adoption policies and key documents).

 

Australians who wish to adopt a relative child from Romania may consider submitting a relative adoption application. The fact sheet (also available on our website) provides more detail about the relative adoption process.

 

The first step in both processes is for prospective adoptive parents to contact their local state or territory central authority. Contact details for the state and territory central authorities can be found on the Australian, state and territory central authorities page of our website.

 

Australian Families for Children is currently accredited to provide specific intercountry adoption services in NSW, including training prospective adoptive parents, assessment of the suitability of persons to adopt a non-citizen child, and post-placement support. AFC is not currently authorised to provide intercountry adoption services in overseas countries.

 

Thank you again for writing to us on this matter.

 

Kind regards

 

Josh

______________________________________________________

Intercountry Adoption | Access to Justice Division
Australian Government Attorney-General’s Department
National Circuit | Barton ACT 2600
Tel +61 2 6141 3217 | Fax +61 2 6141 324

 

 

 

 

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Associata Catharsis- Adoption Advocacy

Posted on by adelerickerby

The President of Romania has sent a signed decree to parliament promoting some changes to the adoption law. adopției.

The adoption law, although said to be “new”, is in fact the “old” law with some minor changes. But the lack of transparency and the discriminatory nature of the law currently in force has not been changed. That law, nr.273/2004 has been very slightly modified three times since 2004: in 2009, in 2011, and in 2015. And all of that was due to pressures from society as a whole.

The modifications made by the National Authority for the Protection of the Rights of the Child and for Adoption have not really modified anything substantive, including adjustments made in April of 2015. Those adjustments really did nothing in favor of the children who find themselves “imprisoned” [apart from a permanent family] since the day that they were born.

There is really noevident hope for a permanent family for more than 23,000 institutionalized children in approximately 1500 placement centers. The new legislation really does not offer them one bit of hope.

The modifications do NOT foresee a way to truly reduce the number of institutionalized children, but rather foresees only a reduction in the time frame of adoption and also a leave time for parents to get to know the adopted child.
The modifications also allow for a subsidy of 1700 lei per month (about $425) for a time period of 1 year for one of the parents who adopt a child over the age of two years. And that’s about it.

The law continues to discriminate against children for whom a family in Romania or for whom a Romanian family cannot be found. Usually this has to do with the health of the child, the child’s ethnicity, and/or the child’s age.

The adoption law also continues to discriminate against Romanian families and non-Romanian families who live in countries that are signatories to the Hague Convention. The adoption law currently requires either Romanian citizenship, or the establishment/reestablishment of residence in Romania, i.e., to live continually in the country/territory of Romania in order to receive the evaluations and attestations necessary to adopt.

The adoption law does NOT in any way guarantee every child’s right, and particularly the right of abandoned children, to a permanent family in which to grow up.

We will protest these injustices even in the streets of Romania, and we will militate for the rights of these children.

Asociatia Catharsis Brasov- Registered Adoption Agency.

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Non-Governmental Organization (NGO) in Brasov, Romania.

From 15 to 29 July this year, together with the Directorate-General for social assistance and the protection of the rights of the child, we organised the third course of this year, to prepare families who want to adopt a child. We are glad that other 13 families of brașoveans are prepared to receive a baby from romanians in their lives.

For three weeks, the participants received detailed information about abandoned children, about abandonment issues, about the biological family, and in particular about the role of foster foster family. This time, I put the emphasis on children with hard profiles and their needs.

The theme, well-structured in three sessions, was supported by an interdisciplinary team composed of Alina Bedelean, Cathy Ross and ioana lepădatu, clementina trofin and silvia tișcă – social workers, Eva Pirvan-Szekely, lawyer. I also invited the adoptive parents, who opened their soul and shared the learners aspects of their experience.

At the same time as the theoretical knowledge of the role of a parent, which lasts three weeks, the psychological and social evaluation is also done. All these procedures take 90 days, after which the cursanții will receive the family attestation fit to adopt one or more children.
Currently in brasov, more than 100 families want to adopt a child and their number is increasing. We hope so that our efforts to provide a family of their own and permanent to an eligible child will contribute to the higher interest of abandoned children, to say mommy… Daddy… Home…

The training, and development of parental capacities this year are financially supported by our traditional partner, onlus Oikos Italia, President, Don Eugenio Battaglia.

Image may contain: 3 people, people sitting and indoor
Asociatia Catharsis Brasov

Asociatia Catharsis Brasov

As of January 2005, when the current adoption law came into force, the number of national adoptions dropped sharply from 1.422 in 2004 to 313 in 2016, and the number of international adoptions dropped from 251 in 2004 to 2 in 2006, one in 2007, 8,, 10, 11, 12, 12 At the same time, it increased the number of abandoned children from 44.000 in 2004 to 70.000 in 2010. Irony. Although it increased the number of families qualified to adopt one or more children, there were very few national adoptions. It also increased the interest of romanians established abroad for adoption of a child. But adoption law allowed international adoption only to grandparents residing abroad. That’s just so they don’t make international adoptions! No grandfather has ever adopted an abandoned nephew, not even in Romania. In addition, adoption sets between the child and the foster family, an affectionate connection, while between grandpa and child there is already a blood link. We’ve managed, hard, very hard to replace grandparents with third-degree relatives, then four and the result of adoption was still zero. Hard, unimaginably hard to obtain the right of romanians abroad for adoption. We had to fight the legislature, because the number of romanians residing abroad was always growing. And I did. Children’s drama harassed by foster homes after growing up in foster families and the statistical data provided by the Romanian media gave us the courage to start the adoption crusade. And we’ve managed with other ngos to amend three times the articles that have made the national adoption difficult, but we haven’t yet here the international adoption-only chance for sick children in an adoption family. Still no international adoptions. The Romanian state still prefers institutionalisation instead of the foster family. The adoption law still humiliates romanians who make extraordinary efforts to adopt a child. Of the total 57.581 children, only 3250 are adoption. And 5 children were adopted international last year, although it was adoption 534. The adoption law humiliates families of romanians in the country and abroad who want to adopt, destroy dreams and kill hope. For impossible reasons, adoption law makes the lives of romanians who want to adopt the future of abandoned children. Romanian abroad are required by law, article 3, to leave her husband alone at home, to give up work and income and a comfortable life with her husband, whether it is all romanian or foreign .. The future mothers were bound by the law of adoption to live effectively and continuously 12 months in Romania, before submitting the adoption request. Many ladies got sick, depressed and gave up. The loser was the kid, and the family, and the state, but nobody cares! I asked for the repeal of article 3 that provides such nonsense. Instead of being repealed, this article has been amended, reduce to 6 months in the territory of Romania… Crazy… and a lot of other bullshit calls for adoption law three times in the last 8 years. For example: Romanians are obliged to make a statement that they have lived effectively and continuously in Romania, before submitting their adoption application!!! Another 90 days, three months, must stay in the country to Participate in the parenting class, the evaluation procedures. After, he has to stay a while to sign the psycho-Social Evaluation Report, the last document required to get the statement. Then get the certificate. And there goes the year. After obtaining the statement, families are registered in the national adoption registry, after which, there is a very long wait, which sometimes leads to even quitting. What sadness, such disappointment, only the Romans know. And all that while tens of thousands of abandoned children want a family.

The Stolen Generations; Healing Old Wounds

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Posted on April 12, 2016 by adelerickerby
screen-shot-2016-12-03-at-07-52-34
Posted on July 28, 2015 by Adele Rickerby.
Between the 1890’s and 1970’s, Aboriginal babies and children were forcefully removed from their parents. Few records were kept, but it is estimated that between 20,000-25,000 children were stolen. These children are referred to in Australia as The Stolen Generations. By doing so, white people hoped to put an end to the so-called Aboriginal problem and put an end to Aboriginal culture within a short time frame. The Stolen Generations were taken by Governments, churches and welfare organizations. Because few records were kept of who their parents were and where they had been stolen from, many never saw their parents, relatives, or siblings again. The children were raised on missions or with foster parents. The girls were raised to be domestic servants, the boys to be stockmen. Many were physically, emotionally and sexually abused and neglected. Leaving a legacy of trauma and loss. A cycle of generational abuse and neglect has been born out of a history of racial wounds.

Forcible removal of black children from their families was part of the ideology of assimilation. Assimilation was founded on the notion of black inferiority and white supremacy, which proposed that black people should be allowed to ”die out” through a process of natural elimination. The Stolen Generations were taught to reject their culture, their names were changed and they were forbidden to speak their native language.

Healing Old Wounds.

Acknowledging the wrongs of the past as a means to healing old wounds and reconciliation.

The first National Sorry Day was held on 26th. May, 1998 and Australia holds a National Sorry Day every year.

Formal Apology

On the 13th. February, 2008, the then Prime Minister, Kevin Rudd, tabled a motion in Parliament apologising  to the Australian Indigenous peoples, particularly the Stolen Generations and their families and communities, for laws and policies which had ” inflicted profound grief, suffering and loss on these our fellow Australians”.

 

The Stolen Generations/Australians Together

http://www.australianstogether.org.au/stories/detail/the-stolen-generations

Australian Law Reform Commission | ALRC
http://www.alrc.gov.au/‎

16. Aboriginal Customary Laws: Aboriginal Child Custody, Fostering and Adoption
An Aboriginal Child Placement Principle?

349. The Child’s Welfare as ‘Paramount Consideration’.
In general, decisions on the custody or placement of children are based on a
single undifferentiated rule, directing attention to the ‘best interests of the
child’ as the paramount consideration. The ‘paramount consideration’ applied in
all cases of child custody can be illustrated by a clause common to State and
Territory adoption legislation. The Adoption of Children Ordinance 1965 (ACT) s
15 states that: ‘For all purposes of this Part, the welfare and interests of
the child concerned shall be regarded as the paramount consideration’.[35]
This principle (commonly referred to as the ‘welfare principle’) is also
applied under the Family Law Act 1975.[36]
and in cases in State courts involving custody disputes over children. It is
also relevant to decisions on fostering and placement of children in
institutional care under State child welfare legislation (although it is not
always spelt out expressly in the legislation).

350. An Undifferentiated Criterion. There can
be little dispute that the overriding consideration in all cases of child
custody should be the welfare of the child. The problem is that the relevant
legislation usually fails to define or specify the matters to be considered in
determining this.[37]
In practice it rests with the authority involved — whether judge, magistrate,
welfare officer or public servant — to decide what constitutes the welfare of
the child. Just as the forums for considering child placements vary from State
to State, so too, we may expect, do the values and standards of the persons
applying this principle in custody decisions. The Full Family Court of
Australia has pointed out the open-ended nature of the principle:

In determining a custody application the court must regard
the welfare of the child as the paramount consideration … Each case must be
considered in the light of all the facts and circumstances particular to that
case …[38]

 

 

 

 

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My Russian Side, By Alex Gilbert

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This is Alex. He is adopted. He has a story to tell.

”My Russian Side” is Alex’s story of bravely undertaking a search to find his Russian biological parents and to uncover the truth about his past.

Alex longs to find the answers to questions. Questions he has held hidden in his heart for many long years.

Global warming hasn’t reached Russia. Alex’s sunny disposition and bright smile are in stark contrast to the dreary skies and decaying buildings of Rybinsk, where his birth mother is now living. A six hour drive from Moscow. Alex does not harden his heart against his birth mother and father when he learns the truth about his past. He doesn’t judge them.  His New Zealand adoptive parents would no doubt be very proud of their son.  Alex is grateful for a better life in New Zealand. Sadly, very few abandoned children are so lucky and International adoptions from Russia are now banned. Conditions in Alex’s old orphanage in his birthplace of Arkhangelsk are harsh and hopeless. Alex wants to provide comfort and hope to the hundreds of abandoned children left behind.

He is the founder of ”I’m Adopted” which is a Registered Charitable Trust in New Zealand.  You can find them on facebook helping adoptees around the world connect and find biological parents and siblings.

Please help Alex’s dream of a better life for abandoned children living in his old orphanage in Arkhangelsk. Visit the website; http://www.imadopted.org and donate.

57,581 Children Abandoned in Romania.

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3,436 adoptable children recorded in Adoption Register at March-endBY 

A total of 3,436 adoptable children were registered in the National Register for Adoption, at the end of March 2016, of whom 3,069 (89.32 percent) benefited from special protection measures in family type services and 367 (10.68 percent) benefited of special protection measures in residential type services, according to the statistics published by the Ministry of Labor, Family, Social Protection and Elderly People.

Also on 31 March 2016 there were 57,581 children in the adoption system with special protection, out of which 20,156 children (35 percent) benefited from special protection measures in residential type services (16,224 children in public residential type services, 3,932 children in private residential type services) and a number of 37,425 children (65 percent) benefited from special protection measures in family type services (18,815 children were in fostercare, 14,158 children were in the care of relatives up to grade IV included and 4,452 children were in the care of other families or persons.

The representatives of the Labor Ministry signals that, starting 1 January 2005, public services of social assistance created inside the city councils are the main in charge with the growth, which on 31 March 2016 offered services for 42.83 percent of the children that benefit from this sort of services, the accredited private bodies provide services for 19.65 percent and 37.52 percent are beneficiaries of prevention services provided by the Directorate General for Social Assistance and Child Protection.

On 31 March 2016 there were 1,135 public residential type services and 342 residential type services of accredited private bodies. These services include: classic or modular orphanages, apartments, family type houses, maternal centers, emergency reception centers, other services (the service for the development of independent life, day and night shelter).

From the total of 1,477 residential services, a number of 352 (public residential type services and and private residential services) were designed for children with disabilities. The number of children that benefited from a special protection measure in these services provided for children with disabilities was, at the end of March, 6,586 children, recording a decrease of 705 children compared to the same period of 2015.

On 31 March 2016, the Directorates for Social Assistance and Child Protection in every county/sector of Bucharest, the “Child Protection” departments counted 32,655 employees, 31 people more towards the end of the first quarter of last year, and 51 people more versus 31 December 2015.

In the total of 32,655 employees, 4,439 (13.59 percent) were hired in the DGASPC’s own structures, 12,016 (36.80 percent) were fostercare professionals, 12,398 (37.97 percent) were employed in residential type services and 3,802 (11.64 percent) were hired in daytime care services.

Asociatia Catharsis; Registered Adoption Agency

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screen-shot-2016-11-07-at-8-14-45-amScreen shot 2016-03-04 at 2.54.56 PM

Azota Popescu, Founder and Director of Asociatia Catharsis, has worked tirelessly over the last twenty years to provide day-respite services to the blind and visually impaired and to advocate for better services for the disabled people in her community. She has also worked tirelessly to advocate for the rights of Romania’s 60,000 abandoned, institutionalised children. In line with the governments recent policy changes to domestic adoptions and their campaign; ” A Family For Every Child” , which aims to have no children living in institutions in Romania by 2020, Asociatia Catharsis are now are Registered Adoption Agency and, in accordance with government legislation, are able to provide the following essential services.
Catharsis Association Brasov, Romania and private body public interest
Reautorizată is to carry out activities and services in the field of domestic adoption as follows:
Activities for families who want to adopt a baby:
– informing families / individuals expressing their intention to adopt, documentation required to, and the domestic adoption procedures;
– preparing for adopters informed parental role;
– information and counseling adopters on the necessary legal steps disclosure, under the law, natural identity baby’s parents and, where appropriate, necessary contact or biological relatives by child;
– family or adoptatorului assessment in order to obtain adoptatoare attestation / family person to adopt one or more children.
Activities for children who have been or will be adopted:
Specialist Nurse for that child has not been able to identify a suitable adoptatoare family, where the adoption of the child adoption failed or stopped;
– drawing material information addressed to children on procedures, and the effects of adoption;
– Adoptatului and preparation advice for achieving its contacts with parents and / or natural biological relatives;
Natural activities for parents and extended family of children who have been or will be adopted:
– insurance expert assistance the adoption termination;
– advising and training natural parents and / or biological relatives for achieving contacts with adopted.
Adoption: post activities
– information and advice for parents and children;
– organising courses for parental capacity development;
– formation of groups for parents and children;
– supporting adopters to inform the child about adoption;
– advice on revealing adoptatului parents identity / natural biological relatives;
– advice and preparation adoptatului / parents / natural biological relatives to contact.
Adoption services internal
– information and promote domestic adoption awareness in order to / beneficiaries and needs increased domestic adoption by organising meetings, conferences, communications, media campaigns, editing of publications.

Asociația Catharsis Braşov, organism privat român şi de utilitate publică,
este reautorizată pentru a desfăşura activități și servicii în domeniul adopției interne, după cum urmează:

Activităţi destinate familiilor care doresc să adopte un copil:
– informarea familiilor/persoanelor care își exprimă intenția de a adopta, cu privire la documentația necesară, la demersurile și la durata procedurilor adopției interne; 
– pregătirea adoptatorilor pentru asumarea în cunoștință de cauză a rolului de părinte;
– informarea si consilierea adoptatorilor cu privire la demersurile legale necesare dezvăluirii, în condițiile legii, a identități părinților firești ai copilului și, după caz, necesare contactării acestora sau a rudelor biologice de către copil;
– evaluarea adoptatorului sau familiei adoptatoare în vederea obținerii Atestatului de persoană/familie aptă să adopte unul sau mai mulți copii.

Activități destinate copiilor care au fost sau urmează să fie adoptați:
-asistenta de specialitate a copilului pentru care nu s-a putut identifica o familie adoptatoare potrivita, în cazul în care demersurile de adopție ale copilului au eșuat sau adopția a încetat;
-întocmirea unor materiale de informare adresate copiilor cu privire la procedurile, demersurile și efectele adopției;
-consilierea și pregătirea adoptatului pentru realizarea contactelor acestuia cu părinții firești și/sau rudele biologice;

Activități destinate părinților firești și familiei extinse a copiilor care au fost sau urmează să fie adoptați:
– asigurarea de asistență de specialitate în situația încetării adopției;
– consilierea și pregătirea părinților firești și/sau a rudelor biologice pentru realizarea contactelor cu adoptatul.

Activități post adopție:
– informare și consiliere pentru părinți și copii;
-organizarea unor cursuri pentru dezvoltarea capacităților parentale;
– constituirea de grupuri de suport pentru părinți și copii;
– sprijinirea adoptatorilor în vederea informării copilului cu privire la adopția sa;
– consilierea adoptatului în vederea dezvăluirii identității părinților firești/rudelor biologice;
– consilierea și pregătirea adoptatului/părinților firești/rudelor biologice în vederea contactării.

Servicii în domeniul adopției interne
– informarea si promovarea adopției interne, în scopul conștientizării problematicii/nevoilor beneficiarilor și creșterii numărului adopțiilor interne, prin organizarea unor întâlniri, conferințe, comunicări, campanii de mediatizare, editare de publicații.

See Translation

Azota Popescu; Founder and President of Association Catharsis, Brasov, Romania.
http://www.catharsis.org.ro
e-mail: office.catharsis@yahoo.com
azotapopescu@yahoo.com
Phone/Fax: 0040 268 324888
Mobile: +40.722.295.282
Address: Braşov, 16th Toamnei St.,
Romania, Postal code: 500223

Romania- Ethical Adoptions

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N.A.C.P.A. – National Authority For Child Protection and Adoption.

Amendments to Romania’s adoption legislation, specifically Law nr237/204, finalised early in 2015, appear from the following graphs, to have resulted in a significant increase in the number of children declared available for domestic and international adoption. The changes were designed to simplify the adoption process for prospective adoptive parents and the process by which a child is considered to be in need of being adopted.

June-2016

Of the 3,734,667 copii living in Romania, 57,581 were living in the child protection system, either in institutions or in private foster care.

3,250 of these copii were declared able to be adopted. Of these, 2,716 were declared able to be adopted domestically and the remaining 534 were declared able to be adopted internationally. screen-shot-2016-09-15-at-10-13-58-amscreen-shot-2016-09-15-at-10-12-59-am

Romania- New Adoption Law in Effect.

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http://www.internationaladoptionguide.co.uk/   Thursday, September 17, 2015- I.A.G. -International Adoption Guide.

The Government approved in its Wednesday’s sitting a draft law to make domestic and international adoptions faster and more flexible, a release of the Executive informs.

An adoption currently takes 14 to 15 months on the average; the intention is to shorten as much as possible the waiting for children and adopting parents, National Authority for Children’s Rights Protection and Adoption president Gabriela Coman explained in a briefing at the Government. She mentioned that 480 children have been adopted last year.

The draft law regulates situations when biological parents refuse to attend two court terms; this is considered as an abusive refusal of consent to adoption, and the child will be pronounced adoptable. Adoption is also possible when parents or identified relatives declare they refuse to take care of a child, but later refuse to sign the declarations of consent to adoption; also, if parents or relatives up to 4th degree are not found.

The 2-year term for the validity of the adoptable child status will be eliminated; the child can be adopted any time before the age of 14, after a court rules adoption is possible.

The new legislation provides for a paid accommodation leave up to 90 days for any of the spouses in the adopting family, with a monthly allowance of 3,300 lei. Also, adopters get up to 40 hours per year without wage penalties for evaluations necessary for issuing the adoption certificate and for practical matching.

The law will enter into force after the publication in the Official Journal of Romania sometime in 2016.
The new law allows for intercountry adoptions of Romanian children only by:
1. Relatives of the fourth degree of kinship,
2. The spouse of the child’s natural parent,
3. Romanian citizens who are habitually resident abroad.

Asociata Catharsis in Brasov, Romania, is a government Registered Adoption Agency.

Romania- Domestic Adoption Improvements

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Chamber’s Labour Committee approves child adoption bill
BY DANA.PURGARU •   FEBRUARY 3, 2016 AT 8:47 AM

CHAMBER’S LABOUR COMMITTEE APPROVES CHILD ADOPTION BILL
The Labour Committee of the Chamber of Deputies on Tuesday approved a bill amending and supplementing Law 273/2004 on child adoption to simplify procedures and provide for a leave of absence of at most one year for the adoptee and the foster parents to get to know each other.

The chamber passed an amendment providing for the one-year leave of absence in the case of adoptees 2 years old and over. The leave is granted upon request and the parent qualifies for a benefit of 3.4 times the social reference indicator, which means 1,700 lei a month, which is $600.00 Australian. Screen shot 2016-02-04 at 1.42.42 PM

For children under 2 years of age the rights provided for under the child rearing legislation will apply.

Attending last week’s debate in the Labour Committee, Chair of the National Children’s Rights Protection and Adoption Authority Gabriela Coman argued that the amendments of the legislation in force are designed to get rid of difficulties in the conduct of adoption procedures for Romanian children in Romania.

The Chamber for Deputies is the decision-making chamber in this case.

http://www.nineoclock.ro/president-iohannis-signs-into-law-bill-simplifying-adoption/- 9th. of April, 2016.