Biological parents
In principle, Moldovan law does not require the consent of biological parents for adoption of the child since the status of an adoptable child is established only to a child left without parental care (for example, the parents are deceased, deprived of parental rights or abandoned the child etc.). However, in case of adoption by the other spouse, the written consents from the child’s biological parents are requested, except for several situations specified in the law and mentioned below.
Conditions and exceptions
Moldovan law sets out a list of exceptional situations when the consent of child’s biological parents for adoption by the other spouse is not needed, mainly when that consent cannot be obtained because:
- the parents are deprived of parental rights by a court decision
- a judicial protection measure is instituted on the parent in the form of guardianship
- the parent is declared missing or deceased
- the information about the parent in the child's birth certificate were entered based on the declarations of the other parent
example Consent to the adoption is not needed if the biological parents are deceased or if parents’ parental rights have been revoked by the court.
Child’s consent
The child’s consent is necessary for the adoption. In order to express his consent, the child benefits from counselling and information, provided by the guardianship authority, regarding the purpose, stages and effects of the adoption, taking into account the child's opinion, wishes and feelings depending on his age and degree of maturity. The child expresses his consent in writing or, as the case may be, verbally, in the presence of the psychologist and the guardianship authority. This is necessary to protect the child’s best interests.
example If the adoptive parents are willing to adopt a child, but the child does not want to join their family, the child’s interests must prevail over those of the prospective parents.
Revocation of consent and suspension of the procedures
Child’s consent is required throughout the entire procedure and has to be expressed at least for the following steps:
- to be visited by the adopter
- to be entrusted to adopters with a view to adoption
- for adoption itself
Where needed, the consent of the biological parents is documented by the guardianship authority and is attached to the file to be submitted to the court. However, the court may request confirmation of their consent at the hearing as well when examining the case.
If an action seeking reinstatement of parental rights or that may affect the status of child left without parental care has been lodged with the court, the adoption procedures are to be suspended.
This restriction is designed to protect the child’s interests. Similarly, it protects the biological family’s right to rebuild and enjoy a family life together with the child.