Adoption is the legal operation by which the parentage is established between the adopter and the adoptee, as well as kinship between the adoptee and the relatives of the adopter.
However, there are cases in which the court is required to approve the annulment of the adoption.
The reasons and the procedure for bringing the action are found in the normative acts and considering the need for legal assistance regarding the action in annulment of the adoption, the following information presented will facilitate the whole process.
Pursuant to the Civil Code: The adoption may be cancelled at the request of any person called to consent to its conclusion and whose consent has been vitiated by error on the identity of the adoptee, malice.
The action may be filed within 6 months from the discovery of the error or malice or from the date of cessation of the violence, but not later than 2 years from the end of the adoption.
For the sake of clarity, regarding to erroneous vitiated consent, it is understood the misrepresentation of certain factual circumstances or legal provisions as regards the legal act.
Also, consent vitiated by deceit or violence expresses the misleading of a person, by cunning means, to cause him to conclude a certain legal act, respectively, the threat of a person with an evil of nature to produce, without right, a fear that determines him to conclude a legal act, in this case the conclusion of the adoption.
Thus, analyzing the Civil Code, it can successfully relate to the topic of the article, namely the possibility of canceling an adoption, by consent vitiated by the violence shown by the repeated threats to his safety and health.
Simultaneously, observing Law of the adoption procedure, it can be discovered the persons liable for citation, namely:
- the adopter or, as the case may be, the adoptive family;
- the personal adoptee or, as the case may be, the legal representative;
- the direction in whose territorial area the domicile of the adoptee is located and the A.N.P.D.C.A.
Moreover, the decisions through which requests are resolved provided by this law are resolved are enforceable, unless the law provides otherwise, from the date of becoming final.
It should be noted that in judging the application for the cancellation of adoption, hearing the child who has reached the age of 10 is mandatory, if hearing the child is not mandatory, he is asked for his opinion.
The opinion of the child expressed in the judgment of the applications provided by law, shall be taken into account and shall be given due importance, taking into account his age and degree of maturity.
If the court decides in contradiction with the opinion expressed by the child, it is required to motivate the reasons that led to the removal of the child’s opinion.or violence.
Therefore, the documents necessary to facilitate the course of action for annulment of adoption are:
- application for annulment of the adoption to which the following will be annexed:
- – the child’s initial birth certificate;
- – marriage and birth certificates of the minor’s natural parents;
- – the civil approving an adoption;
- – the birth certificate of the minor issued following the approval of his / her adoption by the applicants;
- – the authentic statements of the minor’s natural parents regarding the assumption of the minor’s parentage;
- – photo and video with the adopted child.
The literature insists on informing that regarding the termination of the adoption, it is within the competence of the court in whose territorial area the domicile of the adoptee is located and the application is exempted from the judicial stamp duty.
Thus, the first instance rules the verdict, based on the documents and, insofar as this means of proof is not sufficient or the circumstances of the case require it, other evidence may be administered.