Amendments to Moldova Adoption Procedures Passed
We posted some of the 2011 changes to Moldova adoption procedures in August 2011.
A new amendment was passed on November 1, 2012 that (according to Google translation) states that
- The waiting period of time for children with special needs to be internationally adopted will be cut from two years to one year. Special needs is defined as children with disabilities; older than seven years, or children who have brothers and sisters that age.
- Children aged 10 and older will have to consent to the adoption and to any first and last name change.
- Adoptive families may not specify sex, age, or color of eyes and hair.It does not say if age range will be able to be specified.
- A council will rule on situations in which siblings may be separated.
See the legal analysis here and text pasted below:
“(Dec 31, 2012)
On November 1, 2012, the Parliament of Moldova passed at the first reading amendments to the legislation governing adoption of children. (Tatiana Gurzu, Parliament Changes Child Adoption Procedure in Moldova [in Russian], KOMMERSANT.MD (Nov.1, 2012).)
As described by Moldova’s Minister of Social Protection, Labor, and Family Affairs, the bill is aimed at simplifying adoption procedures and reducing the time limit for document processing, especially when foreign individuals intend to adopt Moldovan children. The bill also seeks to address problems related to the separation of siblings in the course of adoption. (Ana Rimbu, Adoption Procedure for Moldovan Resident Children Will Be Changed [in Russian], PUBLIKA.MD (Aug. 2, 2012).)
The bill divides children who are available for adoption into two groups, with a different legal regime for each. One is for children
without specific needs, i.e., healthy children under seven years of age; the other is for children with specific needs. The second group includes children with limited abilities, including those with developmental disabilities or those who are at enhanced risk for further developmental problems, children who are seven years of age or older, and children who have one or several seven-year-old or older siblings. (Government of the Republic of Moldova, Decree No. 568 of August 3, 2012, on Amendments to
Selected Legislative Acts, Parliament of Moldova website.)
The bill also changes the procedure for adoption of Moldovan children by foreigners. In order to adopt a Moldovan child, a foreign citizen must file a petition through an accredited international child adoption organization. (Id.) Issues related to accreditation of such foreign organizations are addressed in the bill. Each organization will be required to undergo annual certification by Moldovan authorities. Certification can be extended for another year upon the organization’s submission of an activity report. (Id.)
The court in the locality where an orphan is residing will issue the adoption order. If a child is ten years old or older, his/her consent must be obtained in preparation for the adoption case hearing. In addition, the child must consent to a possible change of his or her
given name and last name that might occur after the adoption. (Id.)
Decisions of the central adoption authority (which is an agency that will be designated later by the government) on the choice of parents for an adopted child will have to be confirmed by a specially created Consultation Council. Additionally, the Council will have the power to rule on the reasonableness of separation of siblings. (Id.)”
The Russian article also states that the Republic of Moldova has accredited 25 foreign organizations for adoptions, which is a very large number given the quantity of placements in the past to European countries, Israel, US and Canada. We have mentioned some of the new-to-Moldova US agencies in our Eye on Adoption series.
Statistics of US placements are as follows:
Year Number
2011 10
2010 13
2009 5
2008 33
2007 20
2006 16
2005 54
2004 48
2003 12
2002 7
2001 46
2000 79
1999 63
1998 0
1997 0
1996 73
1995 98
1994 95
1993 24
1992 18
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