WRITTEN QUESTION E-1241/02 by Fernando Fernández Martín (PPE-DE) to the Commission. International adoption of Romanian children.
Date: 2002-04-30
Institutions: European Parliament, Provisional data
Subjects: Romania, Spain, adoption of a child, child protection, infant mortality, international adoption, national law, orphan

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Official Journal of the European Union

C 52 E/29

EU, and the pressures brought to bear on the Romanian administration by the EU, regarding specific cases
of child abuse and negligence in Romanian orphanages (Baroness Nicholson of Winterbourne’s report,
A5-0259-2001).

Due to the suspension decision, the adoption procedures undertaken by many Spanish families have been
stalled, although their applications comply with all international guarantees and have been approved by
the Romanian Adoption Committee. At least 17 Spanish families have already been assigned a Romanian
child, along with the corresponding Certificate of Suitability issued by the committee.

These interruptions are to the detriment of the children, who have to remain in public institutions longer
than necessary, rather than being able to live in a proper home and grow up in a family.

Moreover, the 1993 Hague Convention on the Protection of Children and Cooperation in respect of
Intercountry Adoption considers international adoption to be a very good method of child protection.
It should be pointed out that 17 procedures assigning children to North-American families were completed
on 14 February 2002.

Is the Commission aware of this situation?

Is the Commission aware of the suspension of these procedures, which have already been approved by the
institutions of both countries?

What measures will the Commission take to ensure that international adoption continues to be controlled
without impairing the legitimate interests of adoption families?

(2003/C 52 E/038)

WRITTEN QUESTION E-1241/02

by Fernando Fernández Martín (PPE-DE) to the Commission

Subject: International adoption of Romanian children

(30 April 2002)

I have recently come to be aware of the problems encountered by Spanish families wishing to adopt
Romanian children, as well as of certain spine-chilling facts concerning these children.

Does the Commission know of any instances of sexual or other abuse, or of organ trafficking, involving
Romanian children adopted by families in the Member States? If so, what are they, and where did they take
place? What measures have been taken to investigate these cases and bring them to the attention of the
relevant authorities?

Is it true that the Romanian government’s decision to suspend international adoptions has stalled 1 197
application procedures initiated by Spanish families, which were already underway? Since then, how many
of those procedures have been completed under the Emergency Order of 6 December 2001?

Is it true that by the end of the year there was a total of 50 000 children in Romanian childrens’ homes, of
whom 15 700 were taken in that year? What is the annual mortality rate of children housed in these
institutions?

Joint answer
to Written Questions E-0982/02, E-0998/02, E-0999/02, E-1000/02, E-1035/02,
E-1036/02, E-1038/02, E-1039/02, E-1040/02, E-1073/02, E-1102/02 and E-1241/02
given by Mr Verheugen on behalf of the Commission

(6 June 2002)

The Commission monitors childcare policies in Romania because Romania has applied to join the Union
and must therefore comply with the highest international standards on human rights, among which the
United Nations (UN) Convention on the Rights of the Child. In this context, the Commission has expressed

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concern over serious shortcomings in Romanian legislation and practice on international adoptions, which
risked giving rise to abuse.

Since Romania has ratified the Hague Convention on Protection of Children and Co-operation in respect of
Intercountry Adoption, some other states party to that Convention prompted by similar concerns, also
opened a process of consultations with Romania in October 1999.

Following these expressions of concern and recognising that economic considerations and interests other
than the children’s best interest played a role in the domestic process of decision-making on international
adoptions, the Romanian government has taken a number of decisions, starting in December 2000, that
have led to the suspension of
international adoptions for one year (Emergency Ordinance 121 of
8 October 2001).

The Romanian government also found that a certain number of children in respect of whom international
adoption decisions had been made could not be accounted for. The cases were reported to the competent
investigating and prosecuting authorities in Romania.

In respect of applications for international adoptions that were pending when that ordinance entered into
force, the Romanian government adopted Emergency Ordinance 161 of 7 December 2001, providing for
the completion of intercountry adoption procedures for cases that had already been dealt with, or were
being dealt with, by the courts when the moratorium was decided. This ordinance also allows the
government
to forward pending cases to the courts in ‘exceptional circumstances’. The Romanian
government has not disclosed figures for the total number of pending cases.

The Commission understands that all cases that had been decided upon by the courts or were still in court
on 8 October 2001 have now been settled. In addition, the Romanian government has so far recognised
‘exceptional circumstances’
in 50 cases, where applications for international adoptions have been
forwarded to the courts by way of derogation for the moratorium.

The cases concerning Spanish families, like all other cases, are known to the Romanian authorities who
will consider them according to the rules contained in Ordinance 161/2001.

It must be noted that the number of children in residential childcare is decreasing (cid:1) from 57 181 at the
beginning of 2001 to 49 965 at the end of the same year. While 15 777 children entered placement
centres between October 2000 and September 2001, 24 772 children were taken out of placement centres
over the same period. The rate of institutionalisation in Romania is 0,8 % of the entire Romanian
population between 0 and 18 years, which is not an exceptionally high rate for a country in transition. By
way of comparison, a study carried out under a Phare project
the rate of
institutionalisation of children in Western Europe was comprised between 0,5 and 1 %. In addition, only
approximately 5 % of Romanian institutionalised children are eligible for adoption under Romanian law.
The mortality rate for children in institutions is not known to the Commission, but infant mortality rate in
Romania has decreased between 1990 and 1999 from 21 to 18 per thousand, according to Romanian
sources.

in 1997 found that

The Commission has devoted a considerable amount of Phare funds not only to improve conditions in
childcare institutions, but also and primarily to assist the Romanian government to reform its childcare
policies substantially. These efforts, together with those of other international donors, Member States and
many committed non-governmental organisations (NGOs) are now bearing fruit, thanks also to the
commitment of the Romanian authorities.

Specifically on adoption legislation, the Commission, together with other bodies, has given technical
assistance to the Romanian government in drafting a new text, which the government is now considering.

The Commission will continue to monitor the situation and provide assistance to the Romanian
government if requested. It must be stressed that the Commission does not have the competence to deal
with individual cases involving international adoptions.