To protect both the child’s and the parents’ interests in preserving the stability of their family relationship, adoption cannot be easily declared null. Therefore, the nullity of adoption is an exceptional situation.
Nullity of adoption
According to Moldovan law, adoption may be declared null by a court only if:
- the decision of adoption has been based on false documents
- there has been no consent from biological parents if this consent was mandatory by law
- the adoption has been allowed in breach of material or procedural rules established by law
- the adoption has been allowed without the intention to create legal effects characteristic to this form of a child's legal protection (fictitious adoption)
Reasons & Evaluation of proportionality
Nullity cannot be based only on insignificant procedural flaws in the adoption procedure. It also cannot be used as a means of punishment against the adopted child. The child’s interests, including the interest in legal certainty in such a situation, will always prevail. Thus, the court may reject the request regarding the nullity of the adoption when it finds that maintaining the adoption is in the best interest of the child.
example If subsequent evidence reveals that an adoption order was based on fraudulent or misleading evidence, it must not be the sole reason for the nullity of the adoption and thus remove a child from a family with which he/she has developed a bond.
Consequences
With the nullity of the adoption, the child’s biological parents become his/her legally recognized parents again. All existing at the moment of adoption personal and property relations towards his/her biological parents are thus renewed, but are terminated with respect to the adoptive parents.
What human rights violation may there be?
Unlawful nullity of an adoption may lead to a violation of your right to a private and family life.
Read more about how to complain in order to protect your rights.