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Канада

„Bulgarian Association for International Adoptions and Protection of Kidnapped and Abandoned Children” /BAMOZOID/ and all countries in which the association is accredited to act as an intermediary in the process of international adoption, have ratified the Convention on Protection ADOPTION PROCEDURE FOR A CHILD WITH ORDINARY RESIDENCE IN REPUBLIC OF BULGARIA BY A PERSON WITH ORDINARY RESIDENCE IN OTHER COUNTRY
of Children and Cooperation in Respect of Intercountry Adoptions, due to which the procedure is fully based on the requirements of this international act.

Upon the conclusion of a contract by and between BAMOZOID and people with ordinary residence in other country or a foreign accredited organization authorized by them, BAMOZOID undertakes the obligations:
To introduce to the candidates all stages of the procedure, the deadlines for its fulfillment, all necessary documents and financial means
To present to the adoption candidates full, accurate and timely information during the full course of the procedure
To perform all necessary legal and factual actions from receiving the candidate documents to issuing a passport of the adopted child
To represent the adoption candidates before all state and municipal authorities in Bulgaria – the Ministry of Justice, court, the special institutions for children deprived of parental care, municipal institutions and police
To immediately inform the adoption candidates for any changes that may have occurred in respect of legislation or requirements of administrative or court authorities
To accompany the adoption candidates during their visits in Bulgaria in relation to the procedure and provide transportation, good living conditions, translator, cooperation before all authorities, organizations and officials in the country
When necessary or upon the adoption candidates’ request to provide medication, psychological, pedagogical and legal expertise and support for them and for the adopted child


PROCEDURE
The administrative part of the procedure includes: translation and certification of adoption candidates’ documents; preparation and submission of an application accompanied by the documents in the Ministry of Justice; entering the candidates in a special registry,  defining the candidates as appropriate for adopting a certain child; sending an approval for starting the procedure to the central state authority in the country of ordinary residence of the candidates; adoption candidates approval; permit to proceed with the procedure from the central state authority in the country of ordinary residence of the candidates;  approval of the Minister of Justice of Republic of Bulgaria; preparing an application and sending the file to court.
The court procedure is implemented before Sofia City Court. The procedure representation is made by BAMOZOID. The presence of the adoption candidates is not obligatory. The procedure process is short and is held in camera in order to preserve confidentiality.
A birth certificate and a passport of the child are issued on the grounds of the court judgment and these documents shall allow the child to leave Bulgaria and enter the accepting country.  

Requirements for the adoption candidates
In order to apply for adoption of a child with ordinary residence in Republic of Bulgaria, the person should observe the following requirements:
To be active
Not to have been deprived of parental rights
Not to have been sentenced
To meet the requirements for international adoption in the country of his ordinary residence
Bulgarian legislation prohibits adoption from more than one person, unless they are spouses
There is a requirement for a minimum of 15-years difference between the age of the adopting party and the adopted child. In case of adoption by a family, at least one of the spouses should meet this requirement.
 
 Entering the candidates in the Registry of adopting parties
The procedure is started by submitting a written application to the Ministry of Justice that is prepared by BAMOZOID and contains:
 A short summary of the adopting party – name, nationality and citizenship, ID document number, date and place of birth, country of ordinary residence, permanent and present address
 A short family history of the adopting party
 Information regarding the economic and social status of the adopting party
 Information for the central authority or foreign accredited organization that shall serve as a mediator of the adopting party in accordance with the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoptions
Arguments of the adopting parties, preferences regarding the age and sex of the child and other circumstances that are important for the adoption

 The following documents should be attached to the application:
 - Permit for child adoption in accordance with the legislation in the country of ordinary residence of the adopting party
 - A document, issued by the competent body, stating that the adopting party is not deprived of parental rights
 - A social report for the adopting party including the obligatory data for his family members, as well as their health status
 - A document for the health status of the adopting party which covers both the physical and psychological status of the person, states the lack of any serious chronic diseases, infectious venereal diseases, AIDS, tuberculosis and other life-threatening diseases
 - A document stating the criminal conviction status of the adopting party
 - A marriage certificate, in case spouses are adopting
 - A report from the accredited intermediary association by the candidate’s ordinary residence, if such has been employed
 - A contract concluded with BAMOZOID
 - A power of attorney for performing intermediary services related to the procedure
 - A declaration stating that the candidate is familiar with the contract’s terms and conditions and that s/he has received information regarding the Bulgarian intermediary organization and the regulations in force for cases in which the contract is concluded by a foreign accredited organization

 All documents issued abroad should be presented in original copy and a translated version in Bulgarian. The documents should be certified in the Bulgarian embassy or consulate in the respective country or by placing an Apostille.

 The application shall be considered within a 30-day period after its submission. In case the necessary set of documents is complete and in accordance with the legal requirements, the candidate shall be entered in the Registry of adopting candidates at the Ministry of Justice and shall be informed within 14 days after the entering has been accomplished.
 In case there are any faults or incomplete sections in the application and attached documents, the Ministry of Justice shall inform the adopting party and forward instructions for their removal within 30 days. In case the faults are not eliminated within the above mentioned period, the batch shall be closed and all documents shall be returned to the candidate.

 Consideration of the application by the Adoption Council
 All candidates’ applications and children records, that have been entered in the Registry of children who may be adopted, shall be considered by the Council of Intercountry Adoptions that holds its meetings at least three times per month.
The candidates’ applications for their defining as appropriate adoption candidates shall be considered by the order of their entering into the Registry. In order to take a decision the Council shall be guided by the adopters’ capabilities and the interests of the child.
The Council shall make its proposal to the Minister of Justice who shall pass his decision within a 14-days period by giving his approval of the adoption or stating his reasons to decline such. The Minister’s decline is subject to objection by the legally prescribed court order.

In case the candidate is approved for the adoption of a certain child, the Minister of Justice issues an approval certificate for starting the adoption procedure. The above mentioned certificate together with a report for the child and his/ her picture shall be sent to the central authority in the accepting country /of the adopting party ordinary residence/.
The adopting party shall make a contact with the child and present all documents necessary for the next step of the procedure within two months after receiving the approval and child’s report. As an exception this period may be extended with one month in case of any extraordinary conditions that may hinder the presentation of the approval or denial of the adoption.

Contact with the child shall be made in the institution where it has been placed to be raised. The duration shall be not less than 5 days. In case the adopter is not able to make the contact personally due to health problems, financial difficulties, urgent duties at work or any problems concerning the travel, s/he should submit a notary certified declaration stating the reasons for not being able to make contact with the child and making an official statement that s/he takes any risks that may ensue from the origin and the future physical and psychological status and development of the child. In such cases the contact shall be made by a representative of BAMOZOID.

Submitting an approval on behalf of the adopting parties
The documents to be submitted for the last stage of the procedure and for the court procedure consist of:
- A written consent from the adopting party containing also a statement that s/he is aware of the health status of the child, that s/he is informed about the consequences ensuing from the adoption, that s/he has made a contact with the child and the s/he agree to start a court procedure
- A declaration that the child shall not be adopted again, shall not be subject to experimental treatment, shall not be used as a donor while still living
- A declaration that the approval submitted by the adopting party is not related to any material benefit
-A declaration that s/he shall present to the competent authorities any information and shall cooperate for the accomplishment of the 2-year after-adoption supervision.
-A declaration containing the names that the child shall bear after the adoption. 
-A power of attorney for the lawyer who shall represent the adopting party before court.
The above listed documents could be prepared and certified by a Notary Public in Bulgaria during the visit for making a contact with the child.
- Current documents regarding the health status of the adopting party, his legal status, the presence of any procedures concerning his/her depriving of parental rights, his financial and property status.
- A current report from the accredited intermediary association of the candidate’s ordinary residence, if such has been employed.

The Minister of Justice shall sign the adoption approval within 14 days after submission of the documents.
The accredited Bulgarian association shall prepare an application to the court and submit it to the Ministry of Justice within 3 days after the notification that the Minister of Justice has signed his approval.
The Ministry shall send the application together with the whole batch to court within 7 days after receiving the said application.

Court procedure
Court shall consider the application within a 14-days period after its submission. The procedure is held in camera /only participants in the procedure are allowed to attend/. Personal attendance of the adopting party is not obligatory. Judgment of the court shall be announced instantly.
On the grounds of the enforced court judgment the child shall be issued a new Birth Certificate stating the name of the adopting party as a parent as well as the new names of the child chosen by the adopting party.
On the grounds of the court judgment and the new Birth Certificate, the child is issued a new passport allowing it to leave Bulgaria and enter the accepting country.
While the procedure of the issuance of new Birth Certificate and passport take place, the Ministry of Justice shall issue a certificate under Art.23 of the Convention.
  
In case a contract is concluded and BAMOZOID receives authorization being in the capacity of an accredited Bulgarian association for providing intermediary services related to intercountry adoptions, BAMOZOID shall perform all actions related to the procedure on the territory of Bulgaria. It shall submit and receive all documents concerning the adoption candidates and the procedure.
 

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