The adoption process

Bulgaria ratified the Hague Convention for protection of children and cooperation in the field of the international adoptions (THE CONVENTION) on 31 January 2002 (State Gazette No.16/2002). The Convention became effective and became part of the Bulgarian legislature on 01 August 2003. With the amendments of the Family Code and the secondary legislation, the Bulgarian legislature ensures that the intercountry adoptions will be realized with the protection of child’s interests and observance of child’s human rights and in accordance with the requirements set forth in art. 21 of The Convention on the rights of the child.

The Bulgarian legislature provides for the activities related to facilitation of intercountry adoptions to be conducted only by non-governmental organizations, accredited by the Ministry of Justice and registered in the Public Register of the Ministry of Justice.

According to the Bulgarian legislation, a foreigner can adopt a child, who is a Bulgarian citizen, only if the child is not younger than 1 and not older than 18 years as of the date of submission of the application.

The law provides exceptions of the requirement the child to be above one year of age before the beginning of the international adoption procedure in cases, when there are important circumstances and the adoption is in the best interest of the child. In order the exception of this requirement to be applied, each individual case is being reviewed independently by the Ministry of Justice. The general trend is that exceptions are being made in cases of special need children or children, available for adoption that are siblings of already adopted children, as well as in other cases according the discretion of the Ministry of Justice.

A child who is a Bulgarian citizen can be adopted only under the conditions of the full adoption. In order any adoption procedure to be initiated, it is absolutely necessary the adoptive parents and the adopted child to be registered in the database of the Ministry of Justice.

The adoptive parent should be at least 15 years older that the adopted child. Exception of this requirement is being made when the child is adopted by a couple. There are no other requirements about the age difference between the prospective adopted parents and the adopted child. The law requirements of the adoptive parents’ country are observed and applied as well.

According to the Bulgarian legislature, there are no obstacles for single parents to adopt a child, who is a Bulgarian citizen. There is such positive practice established during the previous years.

The foreign citizens who can prove by providing the above mentioned documents, that they meet the requirements of the Family Code of Bulgaria for adoptive parents, are being registered in the database in the Ministry of Justice.

Foreign citizens, who want to adopt a child from Bulgaria, should verify their eligibility and reliability by submitting the documents required by law in order to be registered in the Public database at the MOJ (see The adoption dossier).

Each minor child that is available for adoption is being registered in the database of the respective Social Services (according to the place of residence).

Within six months after the child’s registration in the database, the Council at the Regional Social Services is obliged to find at least three prospective adoptive parents that are Bulgarian citizens that would consider adopting the child. If none of them has filed an application to adopt the child or if the Social Service hasn’t been able to find appropriate prospective adoptive parents and the child is older then one year, then the Social Service sends the information about the child to the Ministry of Justice in its capacity of a Central Body on International Adoptions for referring of appropriate prospective parent to child. The information about the child is being enlisted in the database of the Ministry of Justice in order to be matched with an appropriate prospective adoptive parent, who is a foreigner.

The information about the children, available for full adoption is entered in public database of Ministry of Justice and comprises the following cases:

1. Children placed in specialized institutions that have written consent for adoption given by their birth parents or whose parents are unknown;

2. Children that have written consent for adoption given by their birth parents or whose parents are unknown and are placed with foster families or with other persons;

3. Children placed in specialized institutions and not asked for six after the expire of the period for which for which they have been placed;

4. Children with unknown or deceased parents, or parents deprived of parental rights who are enlisted in the database with a decree of the regional court;

5. Children that are not placed in specialized institutions, with foster families or with other persons and who are enlisted in the database upon request of their parents;

The whole information about the minor child is being entered in the database of the Ministry of Justice, i.e. full name, gender, date of birth, place of birth, EGN, ethnic origin, address, date of placement, legal guardian, information about family hereditary diseases, illnesses, physical development, mental development, results of medical tests, immunization and re-immunization records.

Based on that information the International Adoption Council at the Ministry of Justice evaluates the information about each particular child, chooses and approves prospective adoptive parents from the database of waiting families.

The Council takes a decision, led by the best interest of the child and by the possibilities of the adoptive parents to ensure the physical, mental and social prosperity of the child. Information about the personality of the adoptive parents as well as the other information is being taken also into consideration. The Council strictly follows the registration number of the adoptive parents, registered in the database of the MOJ. In the cases of special needs children and older children the Council makes exemption and gives priority to the adoptive parents applied to adopt these children.

The matching is being done mainly based on the Home studies issued by a relevant authority or accredited organization of a country that has ratified the Convention.

The Intercountry Adoption Council gives an official proposal to the Minister of Justice for approving of the adoptive parents. The Minister of Justice should deliver favorable opinion in 14 days.

Upon matching the adoptive parents with a child the Ministry of Justice prepares a report about the child. The report, along with a full height picture of the child (videotapes and other materials if necessary), is being sent to the accredited organization in Bulgaria.

After the adoptive parents receive the report, they should research the provided information and in case they decide to travel and meet the child they should do it in two months after they have received the information and provide the MOJ with their consent or refusal to continue the adoption procedure. Bulgarian legislation requires at least one of the adoptive parents to travel and personally meet the child within that same period of two months. The required stay in Bulgaria should be at least 5 days, during which the adoptive parents should meet the child.

Exceptions are allowed only if there are some pressing office obligations or difficulties in the travel arrangements, or because of personal, financial or health reasons. In such cases, a representative of the accredited agency in Bulgaria that represents the adoptive family meets the child.

Whenever the adoptive parents are not able to come and personally meet the child prior the adoption, they should provide a notarized declaration that they take the risk about the origin and the future physical and mental condition and development of the child. They should also give the reasons because of which they are not able to travel.

The adoptive parent may require the two month term to be prolonged up to one more month, because of emergent circumstances, that impede the parents from giving a consent or refusal to adopt the referred child.

The adoptive parents should give a written consent or refusal depending on their will in two months (or within the prolonged term). In case of inobservance of that term they will be erased from the database of the Ministry of Justice.

If the adoptive parents have decided to go further with the adoption procedure, upon their personal meeting with the child, they should provide the documents required by the law.

In case the adoptive parent refuses to adopt the referred child, the Intercountry Adoption Council will refer another adoptive parent to the child.

Adoptive parent who has refused to adopt a child is being reentered in the database at the Ministry of Justice as a prospective adoptive parent according the date of submission of the refusal and his application is given second consideration. Exceptions are possible in the cases of referral of special needs children to adoptive parents that haven’t expressed in writing to the Ministry of Justice their readiness to adopt a child with special needs.

The Minister of Justice signs a letter of approval of the adoption. Within 3 days after the letter of approval has been signed, the dossier is sent to Sofia City Court.

The application for adoption is being heard by the Court in 14 days after it has been submitted. The Court reviews the application for adoption in a court hearing behind closed doors. The Bulgarian adoption law doesn’t require the adoptive parents to attend personally the court hearing. After hearing the conclusion of the prosecutor, the judge announces the decree during the court’s hearing. The adoption decree becomes effective in 7 days after it is being announced in court before the parties.

After the adoption decree has become effective, a certified copy of it is being submitted in the Municipality of Sofia for issuing of a new birth certificate of the adopted child.

After the birth certificate is issued the data of the new birth certificate is being transferred to the Police Department Database within a period of 14 days. The application for the issuance of the passport can be filed as soon as the data of the new birth certificate is being transferred. The passport of the child is issued within 3 days.