FAQ
What is domestic adoption?
Domestic adoption is the adoption where both adopter/adoptive family and the adoptee are Romanian residents and citizens (have their habitual residence in Romania).
What is inter-country adoption?
Inter-country adoption represents the situation in which the adopter/adoptive family and the adoptee are residents of different countries and, following the declaration of adoption, the child will have the same residence as the parents.
What is habitual residence, according to the adoption law?
According to the law, by habitual residence in Romania, the following situation is implied:
a) that of Romanian citizens or Romanian citizens with multiple citizenship, if applicable, residing in Romania, that have actually and continuously resided in Romania in the last 12 months preceding the application form; to establish continuity, aren’t considered interruptions: temporary absences not exceeding three months, or those resulting from residence in another state due to the existence of an employment contract, imposed by the implementation of activities in the interest of Romania, and those due as a result of inter-country obligations commitments undertaken by Romania.
b) that of citizens of member states of the European Union/ European Economic Area or foreigners who have permanent residence or right to reside in Romania.
The child's habitual residence in Romania implies:
a) Romanian citizen’s children who have resided continuously and effective in Romania in the last 12 months preceding the request for declaration of adoption;
b) children citizens of member states of the European Union/ European Economic Area or foreigners who have permanent residence or, have the right of permanent residence in Romania and have continuously and effective resided in Romania in the last 12 months preceding the request for adoption.
Who can adopt?
Families (married couples - husband and wife) and single persons (unmarried) who obtained the certificate of family/ person able to adopt.
Who cannot adopt?
Article 459 from the Romanian Civil Code provides that "A person who doesn’t have full legal capacity and persons with mental illness and mental disabilities cannot adopt”.
Also, the following persons cannot adopt:
a) persons who has been finally convicted of an offence against the person or against the family, as well as of human trafficking or illegal drug trade and use
b) persons with a child for whom a special protection measure has been established or whose parental rights have been terminated
c) this interdiction shall also apply to any persons who want to adopt alone, whose spouses are in any of the circumstances under letter a), b).
The costs imposed by the Romanian law
According to Romanian law, a fee to pursue the domestic or inter-country adoption procedure does not exist.
Who has priority in child adoption?
The following have priority in child adoption:
a) all child's relatives up to the fourth degree;
b) the person/ family who has lived along with the child for a period of at least six months;
c) persons/ families who have adopted siblings of the child.
According to the adoption law, the concept of "person who has lived along with the child" refers to the caregiver/ foster carer person or family or, where applicable, other persons who have lived together with the child, if they were directly involved in the care and education of the child, and the child developed relationships of attachment to them.
Domestic adoption is the adoption where both adopter or adoptive family and the adoptee are residents of Romania.
International adoption represents the situation in which the adopter or adoptive family and the child to be adopted are residents of different states and, following the declaration of adoption, the child will have the same residence as the parent's.
According to the law, by habitual residence in Romania, the following situation is implied:
a) that of Romanian citizens or Romanian citizens with multiple citizenship, if applicable, residing in Romania, that have actually and continuously resided in Romania in the last 12 months preceding the application form; to establish continuity, aren’t considered interruptions: temporary absences not exceeding three months, or those resulting from residence in another state due to the existence of an employment contract, imposed by the implementation of activities in the interest of Romania, and those due as a result of international obligations commitments undertaken by Romania.
b) that of citizens of member states of the European Union/ European Economic Area or foreigners who have permanent residence or right to reside in Romania.
The child's habitual residence in Romania implies:
a) Romanian citizen’s children who have resided continuously and effective in Romania in the last 12 months preceding the request for declaration of adoption;
b) children citizens of member states of the European Union/ European Economic Area or foreigners who have permanent residence or, have the right of permanent residence in Romania and have continuously and effective resided in Romania in the last 12 months preceding the request for adoption.
Families (married couples - husband and wife) and single persons (unmarried) who obtained the certificate of family/ person able to adopt.
Article 459 from the Romanian Civil Code provides that "A person who doesn’t have full legal capacity and persons with mental illness and mental disabilities cannot adopt”.
(1) The person who has been convicted for misdemeanour against another person or against a family member, for human trafficking and drug consumption and trafficking.
(2) The person or family whose child benefits of special protection measures or it’s deprived of the parental rights.
(3) The interdiction also applies to people who want to adopt alone, whose husbands are mentally ill, mentally disabled or they find themselves in one of the situations referred to in paragraphs (1) and (2).
According to Romanian law, a fee to pursue the internal or international adoption procedure does not exist.
The following have priority in child adoption:
a) all child's relatives up to the fourth degree;
b) the person/ family who has lived along with the child for a period of at least six months; c) persons/ families who have adopted siblings of the child.
According to the adoption law, the concept of "person who has lived along with the child" refers to – the caregiver/ foster carer person or family or, where applicable, other persons who have lived together with the child, if they were directly involved in the care and education of the child, and the child developed relationships of attachment to them.
