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Automatic cross-border recognition of adoptions 09/02/2017 To protect adopted children’s best interests, MEPs earlier this month urged the EU Commission to require all EU countries to recognise each other’s adoption certificates automatically.

Automatic cross-border recognition of adoptions

To protect adopted children’s best interests, MEPs earlier this month urged the EU Commission to require all EU countries to recognise each other’s adoption certificates automatically. Their resolution proposes a European Certificate of Adoption to speed up the automatic recognition process.

Families with adopted children from their own country still face legal and administrative hurdles when moving from one EU member state to another. For example, parents might be unable to arrange for the education or medical treatment of their adopted child unless additional legal steps are taken to demonstrate that they have custody.

The resolution asks the Commission to propose rules on automatic EU-wide recognition of “domestic” adoptions, i.e. in cases where the adopters and the adopted child are resident in the same country. While the Hague Convention requires automatic recognition of adoptions in all its signatory countries, including all EU member states, it applies only to cases in which the parents and the adopted child are from two different countries.

MEPs suggest creating a European Certificate of Adoption to speed up the automatic recognition process of “domestic” adoption certificates EU-wide. They also call for common minimum standards to be drawn up for adoption, not in the form of legislation but rather to define “best practice” guidelines.

“Every adoption should be carried out in the best interests of the child, taking the specific circumstances of each case into account,” said Rapporteur Tadeusz Zwiefka, (EPP, PL). “As the adoption should give the child a loving, caring and stable environment, we call on the European Commission to take steps in the field of recognition of domestic adoption certificates, so that families with adopted kids have legal certainty when moving to another member state.”

More details can be found here.

 

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