WRITTEN QUESTION E-2240/01

by María Rodríguez Ramos (PSE), Rosa Díez González (PSE)and Raimon Obiols i Germà (PSE) to the Commission

(26 July 2001)

Subject: Suspension of international adoptions in Romania

In 1999 almost 100 Spanish couples started proceedings to adopt a child in Romania through the Asociación para la Adopción Internacional de Baleares-ADIB (Balearics Association for International Adoption)

and the international adoption organisation Interadop Alternativa Familiar de Castilla y León. Both organisations are accredited by the corresponding ministries of the autonomous government concerned and all their activities are therefore supervised by the regional administration.

Each Spanish family made an advance payment of 4 450 dollars to cover procedural, translation and legal costs relating to their adoption cases, which have been at administrative stage since 2000. The proceedings have now been suspended by the Romanian government. According to our information, the Commission itself asked the Romanian government to suspend the cases owing to a lack of legal guarantees on child protection after it had detected a series of anomalies in international proceedings.

Can the Commission say whether this information is accurate?

If so, what guarantees has the Commission sought from the Romanian government so that adoption proceedings which have already commenced can be resumed?

Once the safety and well-being of the Romanian children, which we consider to be the priority concern, have been guaranteed, could the Commission establish a transitional framework of rules with the Romanian government to ensure that the suspension of international adoptions does not affect proceedings which have already been started (or are nearing conclusion) by families from EU Member States?

Answer given by Mr Verheugen on behalf of the Commission

(4 October 2001)

In its annual report 2000(1) on Romania's progress towards accession to the Union, the Commission noted that Romania's adoption law and practice allowed considerations other than the best interest of the child to play a role. This situation risked having negative consequences on the overall reform of the childcare sector in Romania.

Evidence that has been made available to the Commission, the Parliament, international organisations such as United Nations International Children Emergency Fund (Unicef), several non-governmental organisations (NGO), and the Romanian authorities, not only points to an inadequate legislative framework, but also indicates that there has been widespread abuse in the implementation of the existing law.

Faced with this situation, the Romanian government has decided to suspend international adoptions for one year. Since 14 December 2000 the Romanian Adoption Committee has stopped referring children to international adoption foundations. As of 21 June 2001, the Romanian Adoption Committee decided to suspend the registration of new foreign families requesting international adoption for at least one year. In practice this means that children referred to adoption foundations before 14 December 2000 can still be adopted by foreign families, who were registered by the Romanian Adoption Committee before 21 June 2001.

The Commission has welcomed this decision which will provide an opportunity for Romania to put into place the laws and the administrative arrangements needed to honour its commitments under the United Nations Convention on the Rights of the Child. These commitments are aimed first and foremost at safeguarding the best interests of the child and stipulate, inter alia, that inter-country adoption may be considered as an alternative means of child's care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child's country of origin.

The Commission has therefore advised the Romanian government that it should approve a new law on international adoptions and establish the proper administrative structures and transparent procedures to implement it in conformity with Romania's international obligations.

(1) COM(200) 710 final.