February 2015, Italy EUROPEAN SOCIAL FUND 2007 – 2013 MINISTRY OF LABOUR AND SOCIAL POLICY ПОЛИТИКА HUMAN RESOURCES DEVELOPMENT OPERATIONAL PROGRAMME INVESTING IN YOUR FUTURE! International Adoption Project BG051PO “Transnational Network for Child and Family Support and Deinstitutionalisation of Child Care” The project is implemented with the financial support of the Human Resources Development Operational Programme, co-financed by the European Social Fund of the European Union

Legislative Framework (1)  Convention on Protection of Children and Co- operation in respect of Intercountry Adoption done at The Hague on 29 May 1993 (ratified with an act – SG, No. 16 / 2002) (SG, No. 78 / 2002);  Family Code, Chapter Eight “Adoption”;  Ordinance No. 13 / laying down the terms and procedure for giving consent to international adoption and for managing the Registers of international adoptions, issued by the Minister of Justice;

Legislative Framework (2)  Rules of Procedure of the Council on International Adoptions  Methodological guidance on the cooperation and coordination in national and international adoptions procedures for children placed in foster families, residential care social services or special institutions.

Ministry of Justice (MoJ)  The Ministry of Justice acts as central authority under the Hague Convention;  The Minister of Justice: - carries out the activity on international adoptions; - controls the activities of the accredited mediation organisations in cases of international adoptions.

Registers Managed by the MoJ  Register of children who can be adopted by persons with place of habitual residence abroad under the terms of full adoption;  Register of prospective adoptive parents with place of habitual residence abroad who want to adopt a child with place of habitual residence in the Republic of Bulgaria under the terms of full adoption;  Register of prospective adoptive parents with place of habitual residence in the Republic of Bulgaria who want to adopt a child with place of habitual residence abroad;  Public register of the accredited mediation organisations in cases of international adoption.

Council on International Adoption (1) The Council is a collective body comprising a chairperson and six members. The Council is chaired by a deputy minister of justice; Members – one representative each of: Ministry of Justice, Ministry of Health, Ministry of Education and Science, Ministry of Labour and Social Policy, Ministry of Foreign Affairs and State Agency for Child Protection.

Council on International Adoption (2) The Council makes a proposal for designation of appropriate prospective adoptive parent; Issues opinion on the applications of prospective adoptive parents; Makes proposals on the applications for mediation authorisation; Issues opinions and makes recommendations in relation to international adoptions; Makes proposals for withdrawal of the authorisation of accredited organisations acting as mediators in cases of international adoptions.

International Adoption Procedure (1) Only children registered in the register of children who can be adopted by persons with place of habitual residence abroad under the terms of full adoption can be internationally adopted; A child is registered when within 6 months after his/her entry in the national register the entry in the national register not less than three prospective adoptive parents with place of habitual residence in the Republic of Bulgaria have been designated for him / her and none of them has filed an application for adoption, or where notwithstanding the efforts made it was not possible to designate prospective adoptive parents.

International Adoption Procedure (2) The prospective adoptive parent must be a person having proper capacity, not deprived of parental rights and at least fifteen years older than the person being adopted; Adoption by two persons is allowed only when they are spouses; Filing an application to the Minister of Justice with attached documents; Examining the application within one month; Registration of the prospective adoptive parent in the register of prospective adoptive parents with place of habitual residence abroad;

International Adoption Procedure (3) The prospective adoptive parent shall confirm his/her willingness to adopt a child with place of habitual residence in Bulgaria every year; In order to be offered to adopt a child, the prospective adoptive parent should be determined by the Council on International Adoptions as appropriate to adopt a particular child on the register of children who can be adopted; The Council examines the candidatures of the prospective adoptive parents in the order of their registration in the register, the preferences they have stated and the circumstances relevant to the interest of the child.

International Adoption Procedure (4) The files of the children are examined in the order of their registration and compared to the data of the prospective adoptive parents; In order to designate a potential adoptive parent, the Council discusses all candidatures appropriate for the child concerned; In making a decision, the Council is guided by the capacity of the prospective adoptive parents to ensure to the child physical, mental and social welfare and by the information about the personality of the prospective adoptive parent and all other circumstances relevant to the adoption.

International Adoption Procedure (5) The Council makes a proposal to the Minister of Justice for designating an appropriate prospective adoptive parent with place of habitual residence abroad for each child entered in the register; If the proposal made is approved by the Minister of Justice, a certificate for initiating an adoption procedure is signed; Submission of a written agreement or refusal by the prospective adoptive parent to adopt a particular child; The procedure ends with an express written agreement for adoption given by the Minister of Justice.

Allowing the Adoption The accredited organisation ensures the representation of the prospective adoptive parent in court and submits to the Ministry of Justice a certified transcript of the judicial decision allowing the adoption. On the basis of the decision submitted, the Minister of Justice issues a certificate of compliance pursuant to Article 23 of the Hague Convention of The Central Authority or the respective accredited organisation submits to the Ministry of Justice a report on the condition of the child every six months until 2 years have elapsed after the adoption of the child.

Functions of the Social Assistance Agency Assists at the national level the cooperation between the Ministry of Justice and the Agency’s territorial structures – Social Assistance Directorates (SAD) and Regional Social Assistance Directorates (RSAD); Provides methodological assistance to the territorial structures.

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