Adoption and International Adoption in the Czech Republic
Explore the legal aspects of adoption and international adoption in the Czech Republic, including relevant statistical data, the Czech legal order, and the concept of adoption of minors. Learn about the historical turning points of the Czech Republic and key conventions governing adoption practices. Discover the population statistics of the Czech Republic in 2014.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
ADOPTION AND INTERNATIONAL ADOPTION IN THE CZECH REPUBLIC BRAZIL 2014 - Zde ka Kr l kov
www.law.muni.cz THE CONTENTS OF THE PRESENTATION 1. SOME INFORMATION ABOUT THE CZECH REPUBLIC 2. SOME INFORMATION ABOUT CZECH LEGAL ORDER 3. RELEVANT CURRENT STATISTICAL DATA 4. ADOPTION OF MINORS: CONCEPT LAW IN BOOKS LAW IN ACTION 5. INTERNATIONAL (intercountry) ADOPTION OF MINORS LAW IN BOOKS LAW IN ACTION 6. CONCLUSION BRAZIL 2014 - Zde ka Kr l kov 2
www.law.muni.cz 1. THE CZEH REPUBLIC 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) BRAZIL 2014 - Zde ka Kr l kov 3
www.law.muni.cz 2. SOME INFORMATION ABOUT CZECH LEGAL ORDER Austrian Civil Code - ABGB (1918) both minors and aduls contract non full 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) Act on Family Law (1949) only adoption of minors because of political reasons Act on the Family (1963) full adoption of minors BRAZIL 2014 - Zde ka Kr l kov 4
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 - Zde ka Kr l kov 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 - Zde ka Kr l kov 6
www.law.muni.cz 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 - Zde ka Kr l kov 7
www.law.muni.cz THE INFORMED CONSENT OF THE PARENT RULES DIRECT Adoption requires the consent of the child's parents. parents know future adopters parenst meets future adopters at court mother: 6 weeks from delivery father: anytime after delivery at the court personally NON DIRECT option of consent withrawal: 3 months expiry: after 6 years towards unknown adopters intermediation by the state: matching parents will not meet future adopters at court BRAZIL 2014 - Zde ka Kr l kov 8
www.law.muni.cz NON INTEREST OF THE PARENTS APARENT NON INTEREST SPECIAL COURT PROCEEDING ON ADOPTABILITY LEGAL PRESUMPTION Proceedings, whether there will be the consent of the parents necessary EFFECTS: 3 MONTHS SINCE INSTRUCTION, ADVICE AND ASSISTANCE (SOCIAL WORK) the child is adoptable (not legally free) the matching and adoption process may start - BRAZIL 2014 - Zde ka Kr l kov 9
www.law.muni.cz THE RIGHTS OF PUTATIVE FATHER Since 1998 If 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. paternity could not be determined pursuant to the legal 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 - Zde ka Kr l kov 10
www.law.muni.cz THE INFORMED CONSENT OF THE CHILD ADOPTEE THE MINOR PARENT over 12 years: always consent the right to revoke over16 years under 12 years: view if not possible (a baby): the right to be informed later basic school BRAZIL 2014 - Zde ka Kr l kov 11
www.law.muni.cz 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 - Zde ka Kr l kov 12
www.law.muni.cz LAW IN ACTION: MATCHING PROCESS REGION AUTHORITY FOR CHILD PROTECTION CENTRAL AUTHORITY LOCAL AUTHORITY FOR CHILD PROTECTION BRAZIL 2014 - Zde ka Kr l kov 13
www.law.muni.cz 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 - Zde ka Kr l kov 14
www.law.muni.cz 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 - Zde ka Kr l kov 15
www.law.muni.cz 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 - Zde ka Kr l kov 16
www.law.muni.cz 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 - Zde ka Kr l kov 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) NON HAGUE to the Czech Republic: together ??? non official information 2010: 28 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) KONGO from the Czech Republic: together ??? to the Czech Republic: ??? BRAZIL 2014 - Zde ka Kr l kov 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 - Zde ka Kr l kov 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 - Zde ka Kr l kov 20
www.law.muni.cz 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 - Zde ka Kr l kov 21
