Legislation

Family Code 

ORDINANCE № 2 dated oct 24 th 2014 On the Terms and Conditions of granting and withdrawing a licence for Intercountry Adoption mediation, and for carrying out and terminating the activity of accredited organizations

ORDINANCE № 3 as October 24 th 2014 for the Terms and Conditions for Keeping Intercoutry Adoptions Registers and Granting Consent by the Minister of Justice

Information about the procedure of intercountry adoption of a child habitually resident in the Republic of Bulgaria

Hague Convention on Protection of Children and Cooperation with Respect of Intercountry Adoptions

About the Adoption

The adoption of a person, who habitually resides in Bulgaria, is allowed in compliance with the Family Code provisions. When the person to be adopted is a Bulgarian citizen, with habitual residence in Bulgaria, the consent of the Minister of Justice must be obtained, and the adoption is performed by the Sofia City Court. .

Only a child habitually residing in Bulgaria and entered in the register of the Ministry of Justice may be adopted by a person habitually residing abroad who has submitted a permission for adoption of a child pursuant to the laws of the country where they habitually reside and entered in the Ministry of Justice register.

REQUIREMENTS TO THE PROSPECTIVE ADOPTIVE PARENTS:

• They shall be eligible to adopt under their national law; 

• They shall not suffer from serious chronic, contagious or venereal diseases, tuberculosis, HIV and other life threatening diseases;

• They are not and have not been deprived of their parental rights;

• They were never convicted;

• A single unmarried person or a legally married couple only may adopt;

• They must submit all necessary documents required under the Bulgarian legislation;

• They must be registered in the Ministry of Justice register of prospective adoptive parents habitually residing abroad and wishing to adopt a child under the conditions of full adoption;   

• Prospective adoptive parents must be at least 15 years older than the child they apply to adopt. When the child is adopted by a couple at least one of the parents must meet this requirement. 

Adoption Process

Hague Convention

Bulgaria is party to the Hague Convention on Protection and Co-operation in Respect of Intercountry Adoption, ensuring that adoptions take place in the best interests of the child and with respect for his or her fundamental rights

Central Authority 

The Central Authority for Bulgaria under the Hague Convention is the Ministry of Justice, which is responsible for all the activities, related to the intercountry adoptions, such as accepting applications of adoptive parents, keeping the register of children available for adoption by foreign citizens and the register of prospective adoptive parents, preparing draft written consents for adoption signed by the Minister of Justice, etc. 

An  Intercountry Adoption Councilwas established to the Ministry of Justice, which has important consultative powers in relation to intercountry adoptions. The Intercountry Adoption Council is a permanently functioning body, meeting on a weekly basis and among its main functions is making proposals to the Minister of Justice to determine (a) suitable adoptive parent(s) of a child. 

Accredited organizations

The Bulgarian legislation requires the activities related to intercountry adoptions intermediation to be conducted only by organizations accredited by the Ministry of Justice and registered in the Public Register of the Ministry of Justice. In this respect, to be able to adopt from Bulgaria, the prospective adoptive parents should authorise a Bulgarian accredited organization to represent them.

Requirements Documents

1. A permission to adopt a child pursuant to the laws of the state where the adoptive parent(s) habitually reside.

2. A document certifying that the adoptive parent(s) are/isandwas/were notdeprived of parental rights, issued by a competent body of the state of habitual residence of the adoptive parent(s).

3. A social report on the adoptive parent(s), containing also data about the members of their family, including their health status.

4. Document on the health status of the adoptive parent(s), which reflects the physical and psychological health of the person, absence of serious chronic, infectious and venereal diseases, AIDS, tuberculosis and other diseases endangering their life.

5. Document certifying the absence of criminal convictions of the adoptive parent(s).

6. Marriage certificate or Birth Certificate if single;

7. Short description of the adoptive parents – personal data, nationality and citizenship, copy of the identity document- personal ID card or passport.

8. Power of attorney by the adoptive parent(s) for “Sunshine for our kids” Foundation to represent them and to mediate in carrying out the activity for adoption of child/childrenhabitually residents ofBulgaria.

9.    Signed contract between the adoptive parent(s) and “Sunshine for our kids” Foundation.

 Form of medical certificate

TABLES ON THE COSTS ASSOCIATED WITH INTERCOUNTRY ADOPTION