Legal effect of adoption according to the Bulgarian legislature and the accepting country

A foreign citizen can adopt a child who is a Bulgarian citizen only under the conditions of full adoption, in accordance with Art. 61 of the Family Code /FC/.

Legal effect of the full adoption is the establishment of rights and obligations as relatives by origin between the adopted child and the adoptive parent and his/her relatives.

Full adoption terminates all existing relations between the adopted child and his/her relatives by origin.

When the adoption procedure is finalized, it gives the adoptive parents the status of birth parents. The adoptive parents have the right to change the name of the child by expressing their will during the court hearing. When the full adoption becomes effective, the Court orders new records of birth to be made for the adopted child, where the adoptive parents will be filed as his/her parents and the child is registered with his/her new name. The new birth certificate is issued by an office-worker of “Civil Status” Department. The old birth certificate is then being erased from the records.

By initiating a procedure of international adoption of a child who is a Bulgarian citizen, the adoptive parents should have the understanding that the relation established through adoption is a relation between a parent and a child, and that if the adoptive parents successfully adopt a child, they take all obligations and responsibilities of legal parents of the adopted child/children.

The adoptive parents should thoroughly understand and accept that the international adoption is irrevocable and the relationship created by international adoption is so binding and lasting as any other relationship between a parent and a child, should not be easily disrupted.

The initiation of an adoption procedure by the adoptive parents is connected with their understanding and accepting the risk of the origin and the future physical and psychical condition and development of the child they agree to adopt.

The relationship created by the international adoption requires the adoptive parents to be responsible for the care and well-being of the child in all manners and respects as if the child were the biological offspring of the adoptive parents. These obligations extends to any and all medical, psychiatric and any other services necessary for the bringing up of the child.

The legal effect of adoption, finalized in Bulgaria is conformed with the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption.

It has to be considered that according to Art.23 of the Convention, adoption, for which an authorized body of each country that has ratified the Convention, verifies that the adoption was realized in accordance with the Convention, is being accepted by law by the rest of the negotiating countries.

According to Art. 26, the recognition of the adoption includes, the recognition:

• the relationship between the child and the adoptive parents as legal relationship between a parent a child;

• the parental responsibility of the adoptive parents for the child;

• the termination of the previous relationship between the parents and the child, if the adoption has as a consequence such termination in the negotiating country it has been realized.

• When the adoption leads to termination of preceding relationships between biological parents and a child, and the adoption has been recognized, the child has same rights in the accepting country, as if the child has been adopted within the accepting country.

• The above don’t preclude from applying any other more favorable for the child regulation in force in the country, accepting the adoption