ADOPTION AND INTERNATIONAL ADOPTION IN THE CZECH REPUBLIC

ADOPTION AND INTERNATIONAL ADOPTION IN THE CZECH REPUBLIC BRAZIL 2014 - Zdeňka Králíčková

www. law. muni. cz THE CONTENTS OF THE PRESENTATION 1. 2. 3. 4. SOME INFORMATION ABOUT THE CZECH REPUBLIC SOME INFORMATION ABOUT CZECH LEGAL ORDER RELEVANT CURRENT STATISTICAL DATA ADOPTION OF MINORS: CONCEPT n LAW IN BOOKS n LAW IN ACTION 5. INTERNATIONAL (intercountry) ADOPTION OF MINORS n LAW IN BOOKS n LAW IN ACTION 6. CONCLUSION BRAZIL 2014 - Zdeňka Králíčková 2

www. law. muni. cz 1. THE CZEH REPUBLIC MAIN TURNING-POINTS - BRAZIL 2014 - Zdeňka Králíčková 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

www. law. muni. cz 2. SOME INFORMATION ABOUT CZECH LEGAL ORDER n Austrian Civil Code - ABGB (1918) n both minors and aduls n „contract“ n non full n after 1989 n human right conventions n Convention for Protection of Human Rights and Fundamenta Freedoms (CE) n Convention on the Rights of the Child (UN) n Convention on Protection pf Children and Co-operation in Respect of Intercountry Adoption (Hague) n European Convention on the Adoption of Children (CE) n Act on Family Law (1949) n only adoption of minors because of political reasons n Act on the Family (1963) n full adoption of minors n amendment to the Act on the Family (1998) n better protection of mother, putative father, family of origin n the Children Act (1999) n better protection of the child n Civil Code (2014) BRAZIL 2014 - Zdeňka Králíčková n new conception according to the revised European Convention on the Adoption of Children 4 (CE)

www. law. muni. cz 3. RELEVANT CURRENT STATISTICAL DATA The population of the Czech Republic was 10 517 408 at 31 March 2014. BRAZIL 2014 - Zdeňka Králíčková 5

www. law. muni. cz 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

www. law. muni. cz ADOPTABLE CHILD n REAL ORPHAN n DEAD PARENTS n NO FAMILY AT ALL n BABY- BOX (de facto, since 2005: cca 100 children) n SOCIAL ORPHAN n CONSENT OF THE PARENTS n NON-INTEREST OF THE PARENTS n PARENTS WERE DEPRIVED OF PARENTAL RESPONSIBILITY AND OF THE RIGHT TO GIVE A CONSENT BRAZIL 2014 - Zdeňka Králíčková 7

www. law. muni. cz THE INFORMED CONSENT OF THE PARENT RULES „Adoption requires the consent of the child's parents. “ n n mother: 6 weeks from delivery father: anytime after delivery n n at the court personally n n option of consent withrawal: 3 months expiry: after 6 years BRAZIL 2014 - Zdeňka Králíčková n DIRECT n parents know future adopters n parenst „meets“ future adopters at court n NON DIRECT n towards unknown adopters n intermediation by the state: matching n parents will not „meet“ future adopters at court 8

www. law. muni. cz NON INTEREST OF THE PARENTS n APARENT NON INTEREST n SPECIAL COURT PROCEEDING „ON ADOPTABILITY“ n LEGAL PRESUMPTION „Proceedings, whethere will be the consent of the parents necessary“ n 3 MONTHS SINCE INSTRUCTION, ADVICE AND ASSISTANCE (SOCIAL WORK) EFFECTS: n the child is adoptable (not legally free) n the matching and adoption process may start - BRAZIL 2014 - Zdeňka Králíčková 9

www. law. muni. cz 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. “ n 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

www. law. muni. cz THE INFORMED CONSENT OF THE CHILD n ADOPTEE n over 12 years: always consent the right to revoke n THE MINOR PARENT n over 16 years n under 12 years: view if not possible (a baby): the right to be informed later – basic school BRAZIL 2014 - Zdeňka Králíčková 11

www. law. muni. cz THE EXISTENCE OF RIGHT PROSPECTIVE ADOPTERS n n n high moral quality full capacity to legal acts good health conditions adequate age difference (min. 16 years) well motivated and prepared n non close relatives (exception: surrogation) n if couple, only husband wife (different sex), spouse of adopter, one of spouses, one person BRAZIL 2014 - Zdeňka Králíčková 12

www. law. muni. cz LAW IN ACTION: MATCHING PROCESS REGION AUTHORITY FOR CHILD PROTECTION CENTRAL AUTHORITY LOCAL AUTHORITY FOR CHILD PROTECTION BRAZIL 2014 - Zdeňka Králíčková 13

www. law. muni. cz OBLIGATORY PRE-ADOPTION CARE n DECISION: THE COURT n AIM: TO CREATE FAMILY TIES n AT LEAST 6 MONTHS n ON THE OWN COSTS OF FUTURE ADOPTERS AS MAINTENANCE DUTY OF THE PARENTS IS SUSPENDED n THE GUARDIAN IS APPOINTED AS EXCERCISE OF PARENTAL RESPONSIBILITY IS SUSPENDED BRAZIL 2014 - Zdeňka Králíčková 14

www. law. muni. cz THE COURT PROCEEDINGS ON ADOPTION n ON THE MOTION OF FUTURE ADOPTERS n PARTIES: n parents, who give consent n the child n adoptive parents, one of couple and his/her spouse n personal presens - hearing n constitutive decision BRAZIL 2014 - Zdeňka Králíčková 15

www. law. muni. cz EFFECTS OF ADOPTION OF MINORS FULL ADOPTION - status change - important for everybody Civil Code n ties to natural family cease to exist n the rise of new ties towards family of adopter n the change of child´s surname – possiblity to have 2 surnames vital register ►new documents Act on registers, name and surname n the adopters may choose or add new name to the child Act on state citizenship n the child becomes a citizen of the Czech Republic BRAZIL 2014 - Zdeňka Králíčková 16

www. law. muni. cz REVOCATION OF ADOPTION n IMPORTANT REASONS n MOTION OF THE CHILD OR THE ADOPTIVE PARENTS n THE COURT DECISION n ONLY WITHIN 3 YEARS !!!! EFFECTS: n „COMEBACK“ TO NATURAL FAMILY n CHANGE OF SURNAME BRAZIL 2014 - Zdeňka Králíčková 17

www. law. muni. cz 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 n n n APPLICATION - MATCHING INTERACTION: 7 – 21 DAYS REPORTS - COURT: PREADOPTION CARE FOLLOW-UP REPORTS: 6 MONTHS 3 REPORTS THE CONSENT TO ADOPTION „NON HAGUE“ to the Czech Republic: together ? ? ? non official information 2010: 28 KONGO from the Czech Republic: together ? ? ? from the Czech Republic: 2010 – 6/2014: 505 (every year cca 35) to the Czech Republic: ? ? ? BRAZIL 2014 - Zdeňka Králíčková 18

www. law. muni. cz THE NUMBER OF CHILDREN GIVEN FROM THE CZECH REPUBLIC TO PREADOPTION CARE ACCORDING TO THE COUNTRIES (2000 – 2014) Denmark France Iceland Italy Canada Cyprus Germany Austria Spain Sweden Switzerland USA BRAZIL 2014 - Zdeňka Králíčková 19

www. law. muni. cz THE NUMBER OF CHILDREN GIVEN FROM THE CZECH REPUBLIC TO PREADOPTION CARE ACCORDING TO THE SEX (2000 – 2014) boys girls BRAZIL 2014 - Zdeňka Králíčková 20

www. law. muni. cz 6. CONCLUSIONS n NEW CIVIL CODE WAS DESIGNED ACCORDING TO THE CONVENTIONS n Convention for the Protection of Human Rights and Fundamental Freedoms (CE) Europe) n Convention on the Right of the Child (UN) n European Convention on Adoption of Children (CE, revised!) n Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption (the Hague) n NEW CIVIL CODE (HOPEFULLY) MEETS EUROPEAN STANDARDS BRAZIL 2014 - Zdeňka Králíčková 21