BRAZIL 2014 - Zdeňka Králíčková ADOPTION AND
Description: BRAZIL 2014 - Zdeňka Králíčková ADOPTION AND INTERNATIONAL ADOPTION IN THE CZECH REPUBLIC BRAZIL 2014 - Zdeňka Králíčková THE CONTENTS OF THE PRESENTATION SOME INFORMATION ABOUT THE CZECH REPUBLIC SOME INFORMATION ABOUT CZECH LEGAL ORDER
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slide1. BRAZIL 2014 - Zdeňka Králíčková ADOPTION AND INTERNATIONAL ADOPTION IN THE CZECH REPUBLIC<br>
slide2. BRAZIL 2014 - Zdeňka Králíčková THE CONTENTS OF THE PRESENTATION SOME INFORMATION ABOUT THE CZECH REPUBLIC
SOME INFORMATION ABOUT CZECH LEGAL ORDER
RELEVANT CURRENT STATISTICAL DATA
ADOPTION OF MINORS: CONCEPT
LAW IN BOOKS
LAW IN ACTION
INTERNATIONAL (intercountry) ADOPTION OF MINORS
LAW IN BOOKS
LAW IN ACTION
CONCLUSION 2<br>
slide3. 1. THE CZEH REPUBLIC BRAZIL 2014 - Zdeňka Králíčková MAIN TURNING-POINTS
- the Czechoslovak Republic
(since 1918)
the second word war
(1939 -1945)
the communist take-over
(in 1948)
the collapse of communism
(in 1989)
the Czech Republic
(since 1993)
the accession to the European
Union
(in 2004) 3<br>
slide4. 2. SOME INFORMATION ABOUT CZECH LEGAL ORDER Austrian Civil Code - ABGB (1918)
both minors and aduls
„contract“
non full
Act on Family Law (1949)
only adoption of minors because of political reasons
Act on the Family (1963)
full adoption of minors after 1989
human right conventions
Convention for Protection of Human Rights and Fundamenta Freedoms (CE)
Convention on the Rights of the Child (UN)
Convention on Protection pf Children and Co-operation in Respect of Intercountry Adoption (Hague)
European Convention on the Adoption of Children (CE)
amendment to the Act on the Family (1998)
better protection of mother, putative father, family of origin
the Children Act (1999)
better protection of the child
Civil Code (2014)
new conception according to the revised European Convention on the Adoption of Children (CE) BRAZIL 2014 - Zdeňka Králíčková 4<br>
slide5. 3. RELEVANT CURRENT STATISTICAL DATA The population of the Czech Republic was 10 517 408 at 31 March 2014. BRAZIL 2014 - Zdeňka Králíčková The population of the Czech Republic was 10 517 408 at 31 March 2014. 5<br>
slide6. 4. ADOPTION OF MINORS - LAW IN BOOKS CONCEPT A) NON EXISTING OR NON FUNCTIONING NATURAL FAMILY
B) ADOPTABLE CHILD
C) CONSENT BY PARENTS OR THEIR NON-INTEREST
D) CONSENT BY CHILD
E) THE BEST INTEREST OF THE CHILD
F) THE EXISTENCE OF PROSPECTIVE ADOPTERS
G) MATCHING BY THE STATE
H) OBLIGATORY PRE-ADOPTION CARE
CH) THE MOTION AND THE COURT DECISION - STATUS BRAZIL 2014 - Zdeňka Králíčková 6<br>
slide7. ADOPTABLE CHILD REAL ORPHAN
DEAD PARENTS
NO FAMILY AT ALL
BABY- BOX (de facto, since 2005: cca 100 children)
SOCIAL ORPHAN
CONSENT OF THE PARENTS
NON-INTEREST OF THE PARENTS
PARENTS WERE DEPRIVED OF PARENTAL RESPONSIBILITY AND OF THE RIGHT TO GIVE A CONSENT BRAZIL 2014 - Zdeňka Králíčková 7<br>
slide8. THE INFORMED CONSENT OF THE PARENT RULES
„Adoption requires the consent
of the child's parents.“
mother: 6 weeks from delivery
father: anytime after delivery
at the court
personally
option of consent withrawal: 3 months
expiry: after 6 years DIRECT
parents know future adopters
parenst „meets“ future adopters at court
NON DIRECT
towards unknown adopters
intermediation by the state: matching
parents will not „meet“ future adopters at court BRAZIL 2014 - Zdeňka Králíčková 8<br>
slide9. NON INTEREST OF THE PARENTS APARENT NON INTEREST
LEGAL PRESUMPTION
3 MONTHS SINCE INSTRUCTION, ADVICE AND ASSISTANCE (SOCIAL WORK) SPECIAL COURT PROCEEDING „ON ADOPTABILITY“
„Proceedings, whether there will be the consent of the parents necessary“
EFFECTS:
the child is adoptable (not legally free)
the matching and adoption process may start BRAZIL 2014 - Zdeňka Králíčková 9<br>
slide10. THE RIGHTS OF PUTATIVE FATHER Since 1998
„If paternity could not be determined pursuant to the legal presumptions, the child, the mother and the man claiming to be the father may request that the court determine paternity.“
„The child cannot be adopted until the court's ruling on the paternity suit filed by a man who claims to be the father of the adopted child takes effect.“
inspiration by the case Keegan v. Ireland decided by the ECHR
- the child was born out of marriage,
but there was informal long lasting relationship
- mother left the father and gave the child for adoption
violation of Art. 8 Convention for the Protection of Human
Rights and Fundamental Freedoms BRAZIL 2014 - Zdeňka Králíčková 10<br>
slide11. THE INFORMED CONSENT OF THE CHILD ADOPTEE
over 12 years: always consent
the right to revoke
under 12 years: view
if not possible (a baby): the right to be informed later – basic school THE MINOR PARENT
over 16 years BRAZIL 2014 - Zdeňka Králíčková 11<br>
slide12. THE EXISTENCE OF RIGHT PROSPECTIVE ADOPTERS high moral quality
full capacity to legal acts
good health conditions
adequate age difference (min. 16 years)
well motivated and prepared
non close relatives (exception: surrogation)
if couple, only husband and wife (different sex),
spouse of adopter, one of spouses, one person BRAZIL 2014 - Zdeňka Králíčková 12<br>
slide13. LAW IN ACTION: MATCHING PROCESS BRAZIL 2014 - Zdeňka Králíčková 13<br>
slide14. OBLIGATORY PRE-ADOPTION CARE DECISION: THE COURT
AIM: TO CREATE FAMILY TIES
AT LEAST 6 MONTHS
ON THE OWN COSTS OF FUTURE ADOPTERS AS
MAINTENANCE DUTY OF THE PARENTS IS SUSPENDED
THE GUARDIAN IS APPOINTED AS EXCERCISE OF PARENTAL RESPONSIBILITY IS SUSPENDED BRAZIL 2014 - Zdeňka Králíčková 14<br>
slide15. THE COURT PROCEEDINGS ON ADOPTION ON THE MOTION OF FUTURE ADOPTERS
PARTIES:
parents, who give consent
the child
adoptive parents, one of couple and his/her spouse
personal presens - hearing
constitutive decision BRAZIL 2014 - Zdeňka Králíčková 15<br>
slide16. EFFECTS OF ADOPTION OF MINORS FULL ADOPTION - status change - important for everybody
Civil Code
ties to natural family cease to exist
the rise of new ties towards family of adopter
the change of child´s surname – possiblity to have 2 surnames
vital register ►new documents
Act on registers, name and surname
the adopters may choose or add new name to the child
Act on state citizenship
the child becomes a citizen of the Czech Republic BRAZIL 2014 - Zdeňka Králíčková 16<br>
slide17. REVOCATION OF ADOPTION IMPORTANT REASONS
MOTION OF THE CHILD OR THE ADOPTIVE PARENTS
THE COURT DECISION
ONLY WITHIN 3 YEARS !!!!
EFFECTS:
„COMEBACK“ TO NATURAL FAMILY
CHANGE OF SURNAME BRAZIL 2014 - Zdeňka Králíčková 17<br>
slide18. 5. INTERNATIONAL ADOPTION OF MINORS LAW IN BOOKS v. LAW IN ACTION „THE HAGUE“
ACCORDING TO THE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION (SINCE 2000)
ONLY CENTRAL AUTHORITY - STEPS
APPLICATION - MATCHING
INTERACTION: 7 – 21 DAYS
REPORTS - COURT: PREADOPTION CARE
FOLLOW-UP REPORTS: 6 MONTHS 3 REPORTS
THE CONSENT TO ADOPTION
from the Czech Republic: 2010 – 6/2014: 505
(every year cca 35)
to the Czech Republic: ??? „NON HAGUE“
to the Czech Republic: together ???
non official information 2010: 28
KONGO
from the Czech Republic: together ??? BRAZIL 2014 - Zdeňka Králíčková 18<br>
slide19. THE NUMBER OF CHILDREN GIVEN FROM THE CZECH REPUBLIC TO PREADOPTION CARE ACCORDING TO THE COUNTRIES (2000 – 2014) BRAZIL 2014 - Zdeňka Králíčková 19<br>
slide20. THE NUMBER OF CHILDREN GIVEN FROM THE CZECH REPUBLIC TO PREADOPTION CARE ACCORDING TO THE SEX (2000 – 2014) BRAZIL 2014 - Zdeňka Králíčková 20<br>
slide21. 6. CONCLUSIONS NEW CIVIL CODE WAS DESIGNED ACCORDING TO THE
CONVENTIONS
Convention for the Protection of Human Rights and Fundamental Freedoms (CE)
Europe)
Convention on the Right of the Child (UN)
European Convention on Adoption of Children (CE, revised!)
Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague)
NEW CIVIL CODE (HOPEFULLY) MEETS EUROPEAN STANDARDS BRAZIL 2014 - Zdeňka Králíčková 21<br>
slide2. BRAZIL 2014 - Zdeňka Králíčková THE CONTENTS OF THE PRESENTATION SOME INFORMATION ABOUT THE CZECH REPUBLIC
SOME INFORMATION ABOUT CZECH LEGAL ORDER
RELEVANT CURRENT STATISTICAL DATA
ADOPTION OF MINORS: CONCEPT
LAW IN BOOKS
LAW IN ACTION
INTERNATIONAL (intercountry) ADOPTION OF MINORS
LAW IN BOOKS
LAW IN ACTION
CONCLUSION 2<br>
slide3. 1. THE CZEH REPUBLIC BRAZIL 2014 - Zdeňka Králíčková MAIN TURNING-POINTS
- the Czechoslovak Republic
(since 1918)
the second word war
(1939 -1945)
the communist take-over
(in 1948)
the collapse of communism
(in 1989)
the Czech Republic
(since 1993)
the accession to the European
Union
(in 2004) 3<br>
slide4. 2. SOME INFORMATION ABOUT CZECH LEGAL ORDER Austrian Civil Code - ABGB (1918)
both minors and aduls
„contract“
non full
Act on Family Law (1949)
only adoption of minors because of political reasons
Act on the Family (1963)
full adoption of minors after 1989
human right conventions
Convention for Protection of Human Rights and Fundamenta Freedoms (CE)
Convention on the Rights of the Child (UN)
Convention on Protection pf Children and Co-operation in Respect of Intercountry Adoption (Hague)
European Convention on the Adoption of Children (CE)
amendment to the Act on the Family (1998)
better protection of mother, putative father, family of origin
the Children Act (1999)
better protection of the child
Civil Code (2014)
new conception according to the revised European Convention on the Adoption of Children (CE) BRAZIL 2014 - Zdeňka Králíčková 4<br>
slide5. 3. RELEVANT CURRENT STATISTICAL DATA The population of the Czech Republic was 10 517 408 at 31 March 2014. BRAZIL 2014 - Zdeňka Králíčková The population of the Czech Republic was 10 517 408 at 31 March 2014. 5<br>
slide6. 4. ADOPTION OF MINORS - LAW IN BOOKS CONCEPT A) NON EXISTING OR NON FUNCTIONING NATURAL FAMILY
B) ADOPTABLE CHILD
C) CONSENT BY PARENTS OR THEIR NON-INTEREST
D) CONSENT BY CHILD
E) THE BEST INTEREST OF THE CHILD
F) THE EXISTENCE OF PROSPECTIVE ADOPTERS
G) MATCHING BY THE STATE
H) OBLIGATORY PRE-ADOPTION CARE
CH) THE MOTION AND THE COURT DECISION - STATUS BRAZIL 2014 - Zdeňka Králíčková 6<br>
slide7. ADOPTABLE CHILD REAL ORPHAN
DEAD PARENTS
NO FAMILY AT ALL
BABY- BOX (de facto, since 2005: cca 100 children)
SOCIAL ORPHAN
CONSENT OF THE PARENTS
NON-INTEREST OF THE PARENTS
PARENTS WERE DEPRIVED OF PARENTAL RESPONSIBILITY AND OF THE RIGHT TO GIVE A CONSENT BRAZIL 2014 - Zdeňka Králíčková 7<br>
slide8. THE INFORMED CONSENT OF THE PARENT RULES
„Adoption requires the consent
of the child's parents.“
mother: 6 weeks from delivery
father: anytime after delivery
at the court
personally
option of consent withrawal: 3 months
expiry: after 6 years DIRECT
parents know future adopters
parenst „meets“ future adopters at court
NON DIRECT
towards unknown adopters
intermediation by the state: matching
parents will not „meet“ future adopters at court BRAZIL 2014 - Zdeňka Králíčková 8<br>
slide9. NON INTEREST OF THE PARENTS APARENT NON INTEREST
LEGAL PRESUMPTION
3 MONTHS SINCE INSTRUCTION, ADVICE AND ASSISTANCE (SOCIAL WORK) SPECIAL COURT PROCEEDING „ON ADOPTABILITY“
„Proceedings, whether there will be the consent of the parents necessary“
EFFECTS:
the child is adoptable (not legally free)
the matching and adoption process may start BRAZIL 2014 - Zdeňka Králíčková 9<br>
slide10. THE RIGHTS OF PUTATIVE FATHER Since 1998
„If paternity could not be determined pursuant to the legal presumptions, the child, the mother and the man claiming to be the father may request that the court determine paternity.“
„The child cannot be adopted until the court's ruling on the paternity suit filed by a man who claims to be the father of the adopted child takes effect.“
inspiration by the case Keegan v. Ireland decided by the ECHR
- the child was born out of marriage,
but there was informal long lasting relationship
- mother left the father and gave the child for adoption
violation of Art. 8 Convention for the Protection of Human
Rights and Fundamental Freedoms BRAZIL 2014 - Zdeňka Králíčková 10<br>
slide11. THE INFORMED CONSENT OF THE CHILD ADOPTEE
over 12 years: always consent
the right to revoke
under 12 years: view
if not possible (a baby): the right to be informed later – basic school THE MINOR PARENT
over 16 years BRAZIL 2014 - Zdeňka Králíčková 11<br>
slide12. THE EXISTENCE OF RIGHT PROSPECTIVE ADOPTERS high moral quality
full capacity to legal acts
good health conditions
adequate age difference (min. 16 years)
well motivated and prepared
non close relatives (exception: surrogation)
if couple, only husband and wife (different sex),
spouse of adopter, one of spouses, one person BRAZIL 2014 - Zdeňka Králíčková 12<br>
slide13. LAW IN ACTION: MATCHING PROCESS BRAZIL 2014 - Zdeňka Králíčková 13<br>
slide14. OBLIGATORY PRE-ADOPTION CARE DECISION: THE COURT
AIM: TO CREATE FAMILY TIES
AT LEAST 6 MONTHS
ON THE OWN COSTS OF FUTURE ADOPTERS AS
MAINTENANCE DUTY OF THE PARENTS IS SUSPENDED
THE GUARDIAN IS APPOINTED AS EXCERCISE OF PARENTAL RESPONSIBILITY IS SUSPENDED BRAZIL 2014 - Zdeňka Králíčková 14<br>
slide15. THE COURT PROCEEDINGS ON ADOPTION ON THE MOTION OF FUTURE ADOPTERS
PARTIES:
parents, who give consent
the child
adoptive parents, one of couple and his/her spouse
personal presens - hearing
constitutive decision BRAZIL 2014 - Zdeňka Králíčková 15<br>
slide16. EFFECTS OF ADOPTION OF MINORS FULL ADOPTION - status change - important for everybody
Civil Code
ties to natural family cease to exist
the rise of new ties towards family of adopter
the change of child´s surname – possiblity to have 2 surnames
vital register ►new documents
Act on registers, name and surname
the adopters may choose or add new name to the child
Act on state citizenship
the child becomes a citizen of the Czech Republic BRAZIL 2014 - Zdeňka Králíčková 16<br>
slide17. REVOCATION OF ADOPTION IMPORTANT REASONS
MOTION OF THE CHILD OR THE ADOPTIVE PARENTS
THE COURT DECISION
ONLY WITHIN 3 YEARS !!!!
EFFECTS:
„COMEBACK“ TO NATURAL FAMILY
CHANGE OF SURNAME BRAZIL 2014 - Zdeňka Králíčková 17<br>
slide18. 5. INTERNATIONAL ADOPTION OF MINORS LAW IN BOOKS v. LAW IN ACTION „THE HAGUE“
ACCORDING TO THE CONVENTION ON THE PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION (SINCE 2000)
ONLY CENTRAL AUTHORITY - STEPS
APPLICATION - MATCHING
INTERACTION: 7 – 21 DAYS
REPORTS - COURT: PREADOPTION CARE
FOLLOW-UP REPORTS: 6 MONTHS 3 REPORTS
THE CONSENT TO ADOPTION
from the Czech Republic: 2010 – 6/2014: 505
(every year cca 35)
to the Czech Republic: ??? „NON HAGUE“
to the Czech Republic: together ???
non official information 2010: 28
KONGO
from the Czech Republic: together ??? BRAZIL 2014 - Zdeňka Králíčková 18<br>
slide19. THE NUMBER OF CHILDREN GIVEN FROM THE CZECH REPUBLIC TO PREADOPTION CARE ACCORDING TO THE COUNTRIES (2000 – 2014) BRAZIL 2014 - Zdeňka Králíčková 19<br>
slide20. THE NUMBER OF CHILDREN GIVEN FROM THE CZECH REPUBLIC TO PREADOPTION CARE ACCORDING TO THE SEX (2000 – 2014) BRAZIL 2014 - Zdeňka Králíčková 20<br>
slide21. 6. CONCLUSIONS NEW CIVIL CODE WAS DESIGNED ACCORDING TO THE
CONVENTIONS
Convention for the Protection of Human Rights and Fundamental Freedoms (CE)
Europe)
Convention on the Right of the Child (UN)
European Convention on Adoption of Children (CE, revised!)
Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague)
NEW CIVIL CODE (HOPEFULLY) MEETS EUROPEAN STANDARDS BRAZIL 2014 - Zdeňka Králíčková 21<br>