CONSIDERATII GENERALE PRIVIND ADOPTIA - GENERAL THOUGHTS ON ADOPTION (Romanian version)

The adoption is a measure of child rights protection and is made only to protect the interests of the child. The adoption has an important social and family role, contributing not only to the taking over the society's responsibility in raising, educating and training the children without parental care, but also to the establishment of an atmosphere of happiness, love and understanding, similar to that provided by the natural family life. Adoption offers to children the possibility of a permanent family. European Convention on the Adoption of Children, ratified in Romania by Law no. 15/1993 stipulates that adoption is made in the interest of the child (art. 8 par. 1) and the Convention on child protection and cooperation on international adoption ratified in Romania by Law no. 84/1994 provides that the adoption is completed in the best interests of the child (art. 1 letter. A). Based on these international regulations we can say that there are two kinds of interests of the child, but the best interest of the child is not expressly provided in the interests of the child and what differentiates it from the child's interest. The best interest of the child lies in the fact that adoption should ensure the harmonious development of the child and the observance of the fundamental rights that they were conferred, while the child's interest is the superior finality of adoption. Regarding the purpose for which the adoption is consented, the case law established that the adoption is in the interest of the adopted, and in accordance with art. 20 of the Convention on the Rights of the Child, adopted by UN General Assembly on 20 November 1990 (ratified by Law no. 18/1990), any child who is temporarily or permanently deprived of his familiar environment, or who for their best interest, cannot be left in this environment, is entitled to protection and to special aid from the state which can be granted, among others, as adoption.