The local guardian authority takes decisions on several important matters during an adoption procedure. You can challenge these decisions in court and then the Court of Appeal by filing an appeal. After that you can complain to the Supreme Court of Justice by filing a cassation appeal.
Where the local guardian authority has refused to grant you the status of an adopter, to allow you to take a child into care or issued a negative adoption notice, you may submit a complaint to the Administrative Court. The refusal to grant you the status of an adopter and issuance of a negative adoption notice are subject to appeal within 30 days. You may also complain to Court, if the local guardian authority has decided to give your child up for adoption without your consent when it is required by law. In this latter case, you should also intervene in the pending before the civil court proceedings of adoption of which you are aware and request there protection of rights as a parent.
Application
In your application to the Administrative Court, you should:
- when the biological parent’s consent is required by law, indicate that you have not given consent to the adoption of your child, if the local guardian authority has decided to give him/her up for adoption
example There are situations when the consent of a biological parent is not needed for a child’s adoption. Therefore, you should explain why you think these exceptions do not apply in your case.
- refer to the relevant legal provisions that give you the right to request the local guardian authority to grant you the status of an adopter, in order to allow for the taking of a child into care, or explain why you think the negative adoption notice is unlawful
- explain why you think that the local guardian authority’s refusal was unlawful or lacks reasoning. You should describe all the circumstances that are important in deciding whether your request should have been granted
example If the refusal to grant you the status of an adopter is based on the fact that you have failed to fulfil the formal criteria, you should explain why you believe that you have complied.
- if you believe that you are being discriminated against, indicate that your parental access rights are being restricted only due to characteristics that you possess, such as your sexual orientation, age, religious beliefs, political affiliation, national or ethnic origin or other similar grounds
- add all relevant documents that substantiate your request, if there are any
note You may also ask for compensation, if you feel that the local guardian authority decision related to the adoption procedure has violated your right to a private and family life or caused any material or moral damages.
You can learn more about the requirements for your application in the Administrative Code.
Read more about your rights in the Administrative Court.
Decision
The Court will assess whether the local guardian authority decision in refusing to grant you the status of an adopter, to issue an adoption notice or in deciding to give up your child for adoption without your consent, is lawful and well-reasoned.
If the court finds the local guardian authority decision to be unlawful, it may annul it and thus restore the previous relationship between you and your child where your child has been given up for adoption without your consent, if required by law. If you have appealed a refusal to grant you the status of an adopter or issuance a negative adoption notice, the court may also oblige the local guardian authority to make a new decision addressing the shortcomings which the court has indicated.
If you have asked for compensation, the court may oblige the local guardian authority to provide compensation.