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The following information on Bulgaria has been provided to us by John O' Mahony who took detailed notes during the recent meeting in Dublin in May 2010 and were presented during our meeting in May 2010. Bulgaria is a signatory to the Hague Convention since 2003.
The Anido adoption mediation agency is established in Bulgaria for 13 years. It is licensed by the Central Justice (government) in Bulgaria - it only operates in Bulgaria. It has permission to work with a number of countries, including Ireland. The way it operates with other countries is through a “local” partner/agency in that country. (This will not be available in Ireland until Adoption Act is passed ?? September 2010??– there is “agreement in principle” for “new” Irish mediation agency, Shane Downer, IAA).
New legislation in Bulgaria on adoption, brought in October ’09, changed their adoption procedure.
There are approximately 200 orphanages in Bulgaria. Bulgarian orphanages are organised by the following age ranges:
Children who have been “abandoned” by their parents are placed in orphanages. There is a search for the abandoned child’s mother for 6 months. If mother is not found in this time frame the child is put on the domestic adoption register and offered to Bulgarian nationals for adoption. After six months, if not adopted, the child becomes available for adoption by foreign applicants.
Generally, there are more boys than girls in orphanages.
The ethnicity of the children available for foreign adoption is usually that of the minorities i.e. Roma gypsy or Turkish immigrants as Bulgarian nationals will not want to adopt them.
Also, children with special needs will be available for foreign adoption.
FOREIGN ADOPTION
Previously, Bulgaria had restricted the number of children available for foreign adoption but since 2008 have increased the number of referrals to foreign applicants. In 2010 1,000 referrals were made to foreign applicants.
Since October ’09 there is, theoretically, no restriction on the minimum age of a child to be adopted abroad. Therefore in reality a child will be at least 6 months old when he/she becomes available for foreign adoption as he/she is offered to domestic applicants first.
A child must be aged 9 months/1 year before international adoption is completed.
A special agency in the Central Justice, Inter-country Adoption Council, makes the referrals to foreign applicants.
It has two registers:
The council tries to match a child with a suitable family from the applicant register. The council makes referrals according to applicant’s place on register and profile of child specified.
DOCUMENTATION REQUIREMENTS
When you are in Bulgaria, for first meeting, you will be required to sign a number of documents – these will be presented to you in English:
When you return to Ireland after first trip to Bulgaria the following documents, which will have expired, will have to renewed;
(This has not yet been agreed with HSE but may not be relevant/required once Hague Convention is signed)
ENSURE THAT YOU KEEP A SECOND PACK, ALSO NOTARISED
BULGARIAN ADOPTION PROCEDURE
Registration
of applicants’ dossier, translation of applicants’ dossier documents, put on register for foreign adoption
Referral
When the referral is made the profile of the child specified by the applicant is strictly obeyed. The waiting time for a referral will depend on the age of the child – the younger the child the longer the waiting time (could be up to 2 years for children up to 3 years, less time for 5/6 year olds). They mentioned that they are expecting a large number of children to go onto the foreign adoption register which may reduce the referral times.
(Time will go very fast once you get referral).
First Contact with Child
This is organised through Anido – Ministry of Justice sends Anido the documents relating to the referral which are then translated into English. They include:
Anido has its own psychologist and paediatrician who make videos and take pictures of child to get a fuller report on child.
Adoption Decision
Within two months of receiving your referral you must travel to Bulgaria. The first stay is for five days during which you meet the child. You must make a decision regarding adoption of that child within those five days. If you refuse the referral and the reason for this is “badly motivated” you will be removed from your place on the applicant register and put at the end. (This rarely happens). However, if you refuse the referral because the child does not fit the profile specified on your application then you will be left on your place on the register.
Adoption Process in Bulgaria
If you decide to go ahead and adopt the child preparation of documents commences and Anido informs the Ministry of Justice of your decision to adopt.
The consent of the Ministry of Justice will be received within 14 days. There is then 3 days to send the documents to court to begin the legal part of the procedure. As Bulgaria is a signatory to the Hague Convention the adoption is only valid if it is constituted on court.
Once the court receives the documents it is obliged to fix the hearing date within 14 days. (The hearing will be completed in 1 day during which the judge grants the Adoption Order. Within 14 days of this you are legally the parent of the child. You do not necessarily have to attend court. The court will consist of the judge and the lawyer representing the interests of the child.
When you return to Bulgaria to collect your child you have to organise a new birth certificate for the child within 5 days and you also have to apply for child’s passport which can take 3 to 4 days. That concludes the procedure in Bulgaria.
COST
The cost is fixed by the Ministry of Justice. By law, cost will include fixed fees for lawyers; state fees (court, translation, birth certificate, passport etc) will be c.€800. The total cost depends on the country applicant is from – for Ireland it should be between €4K and €6K. Also the cost will depend on whether a couple or sole applicant. There have been no Bulgarian adoptions to Ireland since 2003. Anido now has files of a few Irish applicants. Post placement reports will also be another cost along with any other costs incurred in Ireland prior to going to Bulgaria.
PARENT AGE-LIMIT
There is no maximum age-limit for applicant parents and no restriction on the age of child you can adopt.
POST PLACEMENT REPORTS
These are mandatory and are required every 6 months for the 2 years.
WHAT ANIDO DOES FOR APPLICANTS
They will meet you at the airport, arrange transfer to your hotel, take you to the orphanage, if you need a translator in the orphanage they will provide one. Anido will support you during the 5 days you have with your child and help you to understand one another.
QUESTIONS & ANSWERS
Q. How many children are going into orphanages each year?
A. There is no “official” statistic on this but their Department for Child Protection estimated that c.50 children are abandoned each month in Bulgarian orphanages.
Q. What are conditions like in orphanages? No. of carers etc
A. Age 0-3 orphanages are well resourced – good nutrition and clothes. This is due to donations which are made by adoption applicants when they come to collect their child; there are “good practices” in these orphanages; There is a certain protocol regarding every euro donated – an explanation has to be given as to how it was spent.
Age 3-7 orphanages are well organised, “not luxury”. As there are less adoptions from this age category there are less donations to resource it.
Q. Is it possible to adopt siblings? What is referral time?
A. It depends on register. Siblings can be adopted if close in age and are adopted together.
Q. Can sole applicants adopt from Bulgaria?
A. Yes, both male and female but same sex parents are not allowed.
Q. Is child allowed to trace biological parents?
A. When a child reaches age of 14 he/she can go to court to get information on biological
Parents - it is the decision of the court.
Q. Where are orphanages located?
A. Those for age 0-3 years are generally in the biggest 28 cities/large towns. Those for
4-7 years are in smaller towns while those for children aged over 7 are in villages.
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| DISCLAIMER: All information provided by the ICAA(Ireland) is provided in good faith. The ICAA (Ireland) does not endorse any individual facilitator / agency or service provider. Intending adopters should liaise directly with the sources in the specific countries, or appropriate licensed adoption service providers to determine additional requirements. | |