EIRP Proceedings, Vol 12 (2017)

Abstract

The topic of international adoption is undoubtedly one of the most present and controversial phenomena of the Romanian contemporary law, a phenomenon that has gained amplitude in the immediate post-revolutionary period, Romania ranking first among the former communist countries in the field of international adoption, the child being considered a commodity generating substantial income. Corruptibility that developed in this domain has caused many children to miss adoption, with the most diverse and serious consequences for them. In 2003, Romania has suspended international adoptions further to pressures of the MEP Emma Nicholson, Special Rapporteur at the time, for our country's accession to the European Union. She invoked alleged dangers such as begging or organ trafficking which were menacing the future of Romanian children, once arrived in the West. Several countries such as USA, Israel, France and Spain protested against this decision. Neither the pressures of the European institutions from the recent years did not lead to changes in the Romanian legislation. If a child is adopted by a foreign citizen, he will receive citizenship of the country. In this situation his evolution would be extremely difficult to track. The international adoption as a “last resort” must be understood in the context of the provision referring to the importance of maintaining the continuity of cultural, linguistic, ethnic and religious background in a child's education. We hereby appreciate the idea that adoption by its nature, changes destinies and aims to a certain degree of spiritual empathy, not being only a measure, but a clarification that can mark and change a human life, and despite all regulations, decisions or political or legislative decisions, nothing is more important than life.