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REGULATION No. 17 of 3 August 1992

On the Terms and Procedure for Adoption of Bulgarian Nationals by Foreigners under Art. 136, para 1 of the Family Code

 

REPUBLIC OF BULGARIA
MINISTRY OF JUSTICE

Promulgated State Gazette No. 65/11.08.1992 Amended SG Nos. 94/1992; 80/2000; 62/2001; 69/2001

 

Section I General Provisions

Article 1

(1) This regulation sets the terms and procedure for granting the consent of the Minister of Justice under Art. 136, para 1 of the Family Code and pursuant to Decree No. 1336 of the State Council of the People's Republic of Bulgaria of 1986 (State Gazette, No.33 of 1986) on adoption of Bulgarian nationals by foreigners.

(2) The adoption procedure shall be subject to the requirements of Art. 21 of the United Nations Convention on the Rights of the Child (State Gazette, No.55 of 1991).

Article 2

(Amended SG No. 80/2000)

(1) Permission for adoption may only be granted if the child to be adopted is in public care and is over one year old unless the adopter is the spouse of the parent who is a Bulgarian citizen, or is a relative by direct descent without limitation, or is a relative by indirect lineage to the third degree of one of the parents of the adopted child.

(2) Permission to adopt a child who is not in public care or is under one year old may be granted by exception if such an adoption is in the child's best interests.

(3) In the cases described in the preceding paragraphs if the domestic law of the adopter recognizes the decision of the Bulgarian court for full adoption as a decision for pre-adoption placement of the child for the purpose of effecting adoption, or admits the recognition of the decision of the Bulgarian court within a period of time that exceeds six months, as well as in the cases of the adoption of a child who is six years old or older, permission to carry out the adoption may be granted only if the parents had lived in the Republic of Bulgaria together with the child for no less than 14 days prior to the submission of the application to the Minister of Justice. 

 

Section II General Requirements for Submitting Adoption Papers by Foreigners

Article 3

(1) Foreigners desirous to adopt a Bulgarian national shall submit an application to the Minister of Justice. The following documents shall be enclosed with the said application:

1.         Marriage certificate. In the event that the adopting party is single, a document certifying that circumstance issued by the local administration of his/her place of residence shall be submitted;

2.         Certificate proving that the adopting party had not been deprived of parental rights;

3.         Certificate issued by the local administration of the adopting party's place of residence showing income and property status;

4.         Recommendation (report) provided by the social affairs office of the local administration of the adopting party's place of residence or report by a foreign adoption agency duly licensed by the respective state body under the material law of the country. The document shall provide a detailed account of the adopting party, a report on living conditions, family and personal motivation for the proposed adoption, marriage history, etc.

5.         Criminal record certificate;

6.         Medical certificates on the physical and psychological health of each member of the adopting party, as well as a medical certificate for the absence of severe chronic, contagious veneric diseases, AIDS, TB, etc., threatening the life of the adopting party.

7.         Notarized declaration that the adopted child shall not be subjected to experimental medical treatment and that his or her body parts shall not be used for donation purposes;

8.         Notarized power of attorney provided by the members of the adopting party to an agent, if the services of such are used;

9.         Certificate proving that all requirements for permitting adoption of the material law of the adopting party's country have been met;

10.       Certificate proving that the material law of the adopting party's country does not permit sub-adoption, or a declaration that the adopted child shall not be subjected to subsequent adoption should the law allow for it.

11.       Birth certificate of the child to be adopted;

12.       (Amended, SG Nos. 62/2001; 69/2001) Medical certificate prepared by the general practitioner in the form provided in Annex 2 and signed jointly by him/her and by the manager of the public institution the child is at the care of.;

13.       (Amended, SG Nos. 62/2001; 69/2001) Notarized consent to the adoption in writing provided by the mother and father of the child (if they are known) which shall be prepared in the form provided in Annex 1;

14.       Any other adoption papers required by the material law of the adopting party's country.

15.       (Amended SG No. 80/2000) Photo of the child in full length.

16.       (Amended SG No. 80/2000) Document of paid state fees under item 62, item "a" of Tariff No. 1 to the State Fees Act for the Taxes Collected by the Courts, Prosecutor's Office, Investigative Service, and the Ministry of Justice (approved by Council of Ministers Decree 167 /1992, promulgated State Gazette No. 71/1992, amended No. 92/1992, 32/1993, 64/1993. 45/1994, 61/1994, 15/1996, 53/1996, 2/1997, 28/1997, 36/1997, 20/1998, 24/1998, and 95/1998).

17.       (New, SG No. 62/2001; Amended, SG No. 69/2001) A notarized declaration certifying that they are informed and aware that adoption in the Republic of Bulgaria is not conditional on making any kind of donation to the public institution, where the child they are in the procedure of adopting, is being raised;

(2) In the event that the adopted child is in public care, the documents under para 1 shall be provided by the manager of the child-care institution.

(3) All documents listed above and issued in a foreign country shall be translated into Bulgarian and legalized by the Bulgarian embassy in the adopting party's country. 

 

Section III Supplementary procedure and requirements for submitting adoption papers

Article 4

(1) In the event that the child to be adopted is in public care at a Ministry of Health institution, adoption shall be conducted under Art. 142, item 7 of the Regulations on Implementing the Public Health Act and Regulation No 9 of the Ministry of Public Health of 1987 on the activities of social and legal offices with the health institutions (State Gazette, No. 47 of 1987). In such cases, a copy of the application to the Minister of Justice and its enclosures shall also be submitted to the Minister of Health for expert opinion.

(2) (Amended, SG No. 94/1992) In the event that the child to be adopted is over three years old and is in public care at a Ministry of Education and Science or Ministry of Labour and Social Services institution, a copy of the application to the Minister of Justice and its enclosures shall also be submitted to the Minister of Education and Science or the Minister of Labour and Social Services for expert opinion.

Article 5

(1) (Amended, SG No. 80/2000) In the cases under Art. 4, para 1 and 2 the following documents shall be required in addition to those listed in Art. 3:

1.         notarized declaration by the mother and father of the adopted child (if known) expressing their consent to the placement for adoption of their child by the manager of the public institution under Art. 61 and 62 of the Family Code;

2.         written consent of the manager of the public institution by virtue of which it is requested from the Minister of Justice that the latter should grant permission for the adoption of a given child that had been left at the institution and whom the applicants would want to adopt;

3.         (Amended SG No. 80/2000) declarations in writing by at least three families of Bulgarian citizens that have filed applications at the respective institution and have refused to adopt the child in question.

4.         (New SG No. 80/2000) certificate by the manager of the public institution testifying that at least one of the adopters has established personal contacts with the child to be adopted and that that parent had been provided with all available information of the child's health situation and origin; if such contact had not been established due to illness, financial difficulty or difficulties pertaining to travel, the would-be adopters shall submit a notarized statement that they accept the risks regarding the origin and future physical and psychological situation and development of the child;

5.         (New SG No. 80/2000) certificate by the manager of the public institution in the cases under Art. 2, para 3.

6.         (New, SG No. 62/2001) a report by the manager of the public institution prepared in the form provided in Annex 3, on the social situation of the child, the consent of whose adoption is requested

(2) (New SG No. 94/1992) In the cases under Art. 4, para 2 the documents under item 3 of para 1 shall not be required if no attempt had been made to adopt the child during a period of one year prior to the registration of the application under Art. 3, para 1 of the Regulation. The existence of such a circumstance shall be proved by a certificate issued by the manager of the public institution.

Article 6

(Repealed SG No. 80/2000)

Article 7

(1) In the event that a foreigner is adopting the natural child of a spouse who is a Bulgarian national, the procedure under Art. 49-67 pursuant to Art. 136 of the Family Code shall follow In such cases the adopting party shall submit all required documents under Art. 3, para 1 of the present Regulation.

(2) In the approval procedure due account shall be taken of the circumstance that the adoption of a natural child of a spouse is requested and that both spouses have explicitly expressed their desire for such an adoption. It should be judged however whether the proposed adoption is in the best interests of the child.

(3) If in the cases under para 1 the other spouse refuses to give his or her consent to the adoption a court of law shall determine whether an adoption shall be made in view of the child's best interests and under Art. 57 of the Family Code.

Article 8

Before the Minister of Justice grants his consent to an adoption studies shall be conducted on each specific case to determine whether empowered persons and agencies abroad are sufficiently reliable and whether they are legally entitled to examine the living conditions of adopting parties and to offer adoption services in view of the provisions of international law.

Article 9

(1) Adoption consent shall not be granted in the event that the family of the adopting party already has a child, adopted or otherwise.

(2) (Amended, SG No. 94/1992) Para 1 shall not be applied in cases where particular humanitarian considerations require the granting of adoption and when no other option exists for the adoption of the child.

Article 10

(Amended SG No. 80/2000)

The refusal by the Minister of Justice to grant consent for adoption shall be announced in writing to the applicants and shall contain brief motives for the decision.

Article 11

(Repealed SG No. 80/2000)

Article 12

(New SG No. 80/2000)

(1) Foreign nationals shall submit to the Ministry of Justice a certified copy of the court's ruling on permitting an adoption within one week after the entry into force of that ruling. They shall also submit a copy of the decision by virtue of which the adoption was allowed under their domestic legislation, as well as reports on the development of the child for the first two years that follow the adoption, which reports shall be prepared by the authority that is monitoring the adoption under the domestic legislation.

(2) A copy of the documents under para 1 shall also be submitted to the department described in Art. 4, para 2.

(3) In the cases where under the adopters' domestic law the adoption procedure is not completed after the entry into force of a ruling of a Bulgarian court on full adoption of a child, the latter shall notify forthwith the Embassy of the Republic of Bulgaria in their country and shall undertake whatever measures are necessary at their own cost for the return of the child to the public institution in Bulgaria from which that child had been removed.

CONCLUDING PROVISIONS

§ 1.            The present Regulation has been issued pursuant to Decree No. 1336 of the State Council of the People's Republic of Bulgaria of 1986 (State Gazette, No.33 of 1986).

§ 2.            Instructions on implementing the Regulation shall be provided by the Minister of Justice and the Minister of Health.

§ 3.            The present Regulation has been approved by the Ministry of Health, the Ministry of Education and Science and the Ministry of Labor and Social Security.

Minister: Sv. Louchnikov

 

 

 

REGULATION on the Amendment and Supplement
to the REGULATION No. 17/03.08.1992

Promulgated State Gazette No. 69/07.08.2001

 

 

 

TRANSITIONAL PROVISION

§ 2.      The procedures for granting the consent of the Minister of Justice pursuant to Art. 136, para.1 of the Family Code for adoption of persons of Bulgarian citizenship by foreigners, pending as at 17 July 2001, shall be considered under the terms and procedure, valid until that date.

Minister: T. Simeonov

Annex No. 1 to item 13 of Article 3

(New, SG No. 62/2001)

 

DECLARATION

for granting consent for adoption pursuant to Para 2 of Article 56 of the Family Code

Before filling in this declaration, please, read it through carefully. Sign this declaration only after you are completely certain that you fully understand everything written below. You are entitled to obtain from the director of the public institution at which you have left your child, or from the legal service officer of this institution all advice and information that may be necessary to you, pertaining to the consequences of giving your consent.

You have no right to accept payment , or any other kind of compensation from any one, which may be given, or offered to you in view of obtaining your consent for the adoption of the child.