ADOPTION PROCESS
Phase 1. Obtaining an adoption permission issued in accordance with the laws of the country of habitual residence
Phase 2. Signing a contract with a certified agency which performs mediation services for international adoptions according to legislation of the country of origin of potential adopter.
Phase 3. Assembling the adoption file in reference to adoption procedure. The potential adoptive parent assembles the adoption file with the documents required by the Bulgarian authorities. The file is prepared with the assistance of the certified agency, which makes sure that all documents required by the foreign authorities are provided. The documents are:
1. Letter of intent.
2. Adoption`s permission issued in accordance with the existing laws of the country of habitual residence (Québec – official letter issued by the SAI in accordance with Article 15 of the Hague Convention).
3. Power of attorney.
4. Declaration containing child`s characteristics (in accordance with the psychosocial assessment).
5. Document issued by the competent authority certifying that the potential adoptive parent has never been from parental rights or from the right to be adoptive parent.
6. Psychosocial assessment.
7. Medical certificate (health report) on the potential adoptive parent describing his/her physical and mental health, the absence of any serious chronic diseases, communicable venereal diseases, AIDS, tuberculosis and other life-threatening conditions. It is extremely important that medical reports refer to all items listed above. The Ministry of Justice of Republic of Bulgaria accepts only medical reports issued no more than one year prior to their submission.
8. Criminal record.
9. Marriage certificate.
10. ID copy.
11. Photos.
Phase 4. Submitting the potential adoptive parent's file to the authorities of the country of origin. The certified agency submits the potential adoptive parent's file to the authorities of Republic of Bulgaria and follows up on the procedure. It makes sure that all documents required by the Bulgarian authorities are provided.
All documents issued in foreign countries must be submitted in original along with a Bulgarian translation certified by the Bulgarian Embassy or Consulate in the country concerned. Documents which have been issued within the territory of a country that is signatory to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents and to which an “Apostille” has been attached, must be submitted in original together with a Bulgarian translation certified by the Ministry of Foreign Affairs of the Republic of Bulgaria.
Phase 5. Inclusion in the Register of potential adoptive parents domiciled outside Republic of Bulgaria who want to adopt children, domiciled in Republic of Bulgaria. The file is reviewed within 30 days of receipt. If any inconsistencies in the application and/or the accompanying documentation, the Ministry of Justice gives guidance for these to be remedied within 30 days.
On the basis of the application and proper documents attached thereto, the prospective adoptive parent is included in the Register of adoptive parents domiciled abroad who wish to adopt a child domiciled in the Republic of Bulgaria under the conditions of full adoption.
Phase 6. Waiting period. The waiting period for the proposal of a child depends on various factors like lack of eligible children for full adoption or profile`s specifics recommended in the psychosocial assessment. International adoptions are also subject to the vagaries of national or international events that disrupts the adoption process (change of government, legislative changes, moratorium on international adoption, political conflicts, natural disasters, etc.). During this period, the adoptive parent informs the certified body of any material change in his personal or family situation (e.g. pregnancy, job loss, separation, divorce, death, new cohabitation, illness). Depending on the change’s potential significance or impact with regard to the proposed adoption, the psychosocial assessment may have to be updated.
A potential adoptive parent is obligated to confirm annually, in writing form, his intention to adopt a child domiciled in the Republic of Bulgaria. The declaration shall be submitted in original with official translation in Bulgarian language and have to contain a statement on the presence / absence of changes in circumstances under which the potential adoptive parent has been registered, and the characteristics of the child he want to adopt (in accordance with the psychosocial assessment).
A potential adoptive parent may request a suspension of the examination of the application for adoption up to 12 months.
In order to be offered a child, the prospective adoptive parent must be approved by the Intercountry Adoption Council as being suitable to adopt a certain child from the Register of children eligible for full adoption by persons domiciled abroad. The Intercountry Adoption Council is a permanent authority which meets on a weekly basis.
No later than 60 days after the inclusion of a child in the Register, the Intercountry Adoption Council reviews the applicants to select a suitable prospective adopter following the chronological order in which prospective adopters appear in the Register, their preferences and any circumstances of significance to the child’s interests. The children’s files are reviewed by the Council according to the chronological order in which they have been included in the Register, and are matched against the potential adopter`s information and the conditions specified in the adoption permits. To select an adopter, the Council reviews all applicants suitable for the child concerned, and when making its decision the Council is also guided by the prospective adopter’s ability to ensure the physical, mental and social well-being of the child, as well as any information about the adopter’s personality and any other circumstances relevant to the adoption.
In cases where no suitable potential adoptive parents have been included in the Register, or the International Adoption Council identifies no suitable adopters from among the persons registered, or the adopters selected have refused to adopt a child with a health issue, special needs or over seven years of age, the Minister of Justice takes special measures for the adoption of the child concerned by publishing information about the child’s specifics on the Ministry of Justice webpage.
Phase 7. Proposal of a child or matching. The International Adoption Council makes a proposal to the Minister of Justice to approve a suitable adopter domiciled abroad for each child included in the Register. If the Minister of Justice approves such proposal, he/she signs a certificate to initiate the adoption procedure. The certificate for initiation of the adoption procedure, together with a report about the child containing a full-height photo of the child, are sent to the Central Authority of the receiving State and to the Bulgarian accredited organization which acts as intermediary for the potential adoptive parent.
Within two months after receiving the child report, the Central Authority of the receiving State that is a Hague Convention country, or an accredited organisation with delegated powers as per Art. 22 of the Hague Convention, must give a notification of approval or objection to initiate the adoption procedure for the child concerned.
Phase 8. Authorization to proceed with the adoption. Both certified agencies (Bulgarian and foreign one) sends the documents to the relevant Authority (SAI), demonstrating the child's adoptability and the consents to his or her adoption. After verifying the documents and ensuring that the proposal is consistent with the recommendations of the psychosocial assessment, the Authority (SAI) issues an official letter to the central authority in the child's country of origin indicating that it agrees that the adoption procedure can continue.
Phase 9. Administrative and legal formalities in the child's country of origin. Within the two-month period, the Central Authority or the accredited organisation must submit the potential adoptive parent’s written consent or refusal to adopt the child concerned. Prior to giving his or her consent, the prospective adoptive parent should have had a personal contact with the child for at least 5 days. The consent must include the prospective adoptive parent’s statement that he or she is aware of the child’s health, is informed of the adoption effects (the effects of full adoption must be specified), has had a contact with the child, and agrees with the initiation of court proceedings. Besides this consent, the Ministry of Justice must also receive the following:
- a notarized declaration by the adoptive parent that the child will not be put up for re-adoption if the law thus permits;
- a notarized declaration by the adoptive parent that the child will not be subjected to experimental treatment, and that while the child is living, no parts of his or her body will be used as donor organs;
- a declaration that the adoptive parent’s consent is not related to any financial benefits;
- a document certifying that the competent authority in the country of the adoptive parent’s habitual residence will carry out post-adoption monitoring of the child concerned for a period of 2 years after adoption, in cases where the adoptive parent approved is habitually resident in a country which is not a Hague Convention country.
The administrative procedure ends with an express written approval of the adoption issued by the Minister of Justice within 14 days after the submission of all documents required.
Within three days after the notification of the Minister of Justice’s written approval, the Ministry of Justice of Republic of Bulgaria must receive an application addressed to the Sofia City Court to allow the adoption and a document showing payment of the stamp duty to the Court. Within 7 days after the receipt of the above documents, the Ministry of Justice ex officio forwards the application and the case file to the Court.
The accredited organisation represents the adoptive parent before the court (adoptive parent presence is not needed) and submits to the Ministry of Justice a certified copy of the Court’s decision, which allows the adoption, within 7 days after such decision becomes final. Based on the court’s decision, the Minister of Justice issues a compliance certificate referred to in art.23 of the Hague Convention.
Phase 10. Arrival of the child in Québec. Adoptive parent declares the date of child`s arrival to the Authorities.
Phase 11. Preparing the child's progress reports and submitting them in the child's country of origin. In all adoption files concerning a child domiciled in the Republic of Bulgaria, upon signing the contract with the certified agency, the adoptive parent undertakes to submit progress reports on the adopted child to the authorities in the country of origin in accordance with the requirements – for a period of two years after the adoption, the Central Authority or the respective accredited organisation submits a report on the child’s situation to the Ministry of Justice of Republic of Bulgaria on a half-year basis.
Failure to submit progress reports can have serious consequences that do not concern only the parent who failed to meet his or her commitment. Countries of origin closely monitor the receipt of progress reports.
Phase 12. Closing the adoption procedure. Adoption process is concluded after all of the four reports have been presented in the the Ministry of Justice of Republic of Bulgaria.
