Slovak Financial Law News 2005

Adoption

Unlike the former legal regulation the new Family Act recognizes only one form of adoption and that is adoption subject to cancellation. The court will rule on the adoption upon the petition of an adoptive parent. The adoptive parent may be only an individual fully capable of legal acts, showing good personal preconditions, mostly in terms of health, personality and morals and is registered with the list of applicants for adoption. As has been the case before, only a minor may be adopted. The consent of the parents of the adopted minor is generally required. The consent may be denied only until the child has been allocated to the care of future adoptive parents upon the court ruling. If the minor is able to assess the consequences of the adoption, his/her consent will be required.

The consent of the adopted minor's parents is not required, only in exceptional cases, if they (a) have not shown true interest in the minor in the course of at least six months, (b) have not shown any interest in the minor, unless prevented by a substantial hindrance, within at least two months after his/her birth, or (c) give consent to the adoption in advance without any relation to adoptive parents. In such case the personal consent of a parent must be in writing and must be executed before court or before an authority of social and legal protection or before an authorized employee of the social and legal protection authority in the health care institute in which the child has been born. The consent may be withdrawn only until the minor has been entrusted to the care of its future adoptive parents on the basis of a court ruling.

Prior to the court ruling on adoption the minor has to be in the care of its future adoptive parent for at least nine months which, compared to the former law, indicates a shortening of the pre-adoption period.

The court may cancel adoption due to substantial reasons in the interest of the minor within six months from the day on which the ruling on the adoption upon the petition of the adoptive child or parent or even without a petition. Agreement on cancellation of adoption is not acceptable.

The adoptive parent will be registered with the Registry instead of the adoptive child's parent. The adoptive child will bear the surname of its adoptive parent.

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