| Abstract [eng] |
Adoption – family law institute, which established in order to fulfill children’s rights and requirements grow and be fostered in family. On the other hand, fulfill the requirements for adoptive parents to have family relationships and realize the rights and duties on child fostering. Adoption must satisfy the common conditions set by law. They are established for child, that she/he could be adopted and for the prospective adoptive parents. The additional conditions are set for the international adoption. Children could be adopted, if they are on the rolls of adoptable children. Children are registered into the list after the consents of his/her parents, foster-father/mother (guardian) were given in court and not younger then three month. Prospective adoptive parents could be the persons, who are on the rolls of adoptive parent. There are two lists one for the Lithuanian citizens habitual resident in Lithuania, the second for the Lithuanian citizens habitual resident in foreign country and for foreigner. According to the national law and The Hague convention on protection of children and co-operation in respect of intercountry adoption could be registered just spouses and a person after the Central authorities have determine that the prospective adoptive parents are eligible and suited to adopt. International adoption may offer an advantage of a permanent family to a child for whom a suitable family cannot be found in his or her state of origin. When it is stated, that international adoption is in the child’s best interest, additional conditions must be satisfied: the child is or will be authorized to enter and reside permanently in the receiving state and must be stated that foreign country recognize a particular child adoption. An adoption case is being heard in oral form in close court proceeding. That is an open case hearing principle exception. The court takes a decision to adopt the child or to refuse an application to adopt. One‘s an application to adopt is satisfied, adoptive parents are recognized as child’s parents, foster child – an adoptive parents’ child. The recognition of an adoption includes recognition of the legal parent-child relationship between the child and his or her adoptive parents, parental responsibility of the adoptive parents for the child, the termination of a pre-existing legal relationship between the child and his or her mother and father. |
