Din nou despre consimţământul la adopţie şi despre puterea judecătorului în procedura adopţiei
More about the consent to adoption and the power the judge has in the adoption procedure

Summary/Abstract: The issues regarding consent to adoption have been the subject to multiple doctrinal analyses. However, recently, there have been legislative changes in the matter of the protection of incapacitated persons, so a new analysis is needed of the manifestation of will of both the natural parent and of the adoptive child, these two elements representing, in essence, the rupture of the remaining natural kinship and, in the end, together with the consent of the adopters, give birth to the civil kinship. The present material contains practical issues (including the perspective of CEDO jurisprudence) regarding the consent of the natural parents, more precisely the situation when both parents are under judicial counseling or special guardianship. It analyses the role and the judge’s power to supplement the parents’ consent or to override their refusal to consent to adoption, both analyzed from practical perspectives, the right of the parents to consent to adoption – between use and abuse –, but also issues related to the child’s consent. From this point of view, we tried to create a parallel between taking the child into hearing and taking consent, both in terms of the procedure and the effects, but also to analyse special situations, such as the death of the adopter(s) during the adoption procedure or the revocation of the guardianship for adoption, situations which, although less common in practice, can have severe effects on the adoptable child’s psyche.

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