| Abstract [eng] |
Although United Nations convention on the rights of the child states, that priority should be given to adoption in case the child loses his parents, the dominant child care form in Lithuania remains temporary and permanent. The situation in Lithuania is improving, however, analyzing legal regulation of adoption, the gaps that need to be removed by changing legal acts are still found. It is considered that the experience of European Union countries should be taken and applied to improve Lithuanian adoption framework. Therefore, this reason and authors personal experience is the cause for comparing Lithuania’s and Germany’s, the countries that has deeper experience and traditions in adoption field, legal regulation of adoption. The object of the master research work is the adoption institute in Lithuania and Germany. The objective of the research is to compare legal regulation of the adoption institute material conditions in Lithuania and Germany. Therefore, the work is focused on the analysis of the adoption material conditions that are raised for potential adoptive parents and adoptees. Also the conditions that most off all satisfy a child interests are determined. The conditions for international adoption are analyzed trying to find out why more and more children are adopted by foreign people. The comparative document analysis was chosen as the main research method, because it is one of the methods that lets most precisely compare the legal regulation of adoption in two countries. Research results indicated many differences. In Germany, conversely than in Lithuania, trying to persuade parent-child relation suitability, there is one year lasting child care period (Testing period) before the adoption. Meanwhile, in Lithuania it is not a necessary procedure and is assigned only after noticing inadequacy of adoptive parents. Despite higher number of adoptive children in Lithuania, there is also more constricted range of adoptive persons. In Germany, unlike in Lithuania, aside confidential adoption form there is practiced open and half open adoption forms. Accomplished research allows to state that some legal norms that regulate adoption intercourse should be changed – this would not only guarantee a well-run legal regulation of adoption, but also would let to better secure the interests of adoptive child. |
