Jsou domyšleny všechny souvislosti? (Souhlas rodiče s osvojením není bezproblémový)
Are All Circumstances Clear? (The Consent of a Parent to Adopt His/Her Child Is not Without Problems)

Summary/Abstract: The article deals with legal consequences of withdrawal of consent given by a parent with relation to adoption of his/her child. The present law (act on family nr. 94/1963 Coll. of laws) states clearly that the parent cannot withdraw such his or her consent in case of consent given without specification of the future adoptive parent (in case of “bianco” given consent to adoption) when the child had been already entrusted to the care of the future adoptive parent (upon decision of the office responsible for socially-legal protection of children). We are discussing different legal problemes which occur in such a case, based both on substantial and procedural law. These problems result from application not only basic legislation but they also have important relation to rules of constitutional nature. The procedural part of the article criticises present solution of possible judicial review of abovementioned decision made by the appropriate administrative office. We consider the posibility of two stages of administrative procedure under administative procedural code and of another stage of judicial review upon the fifth part of civil procedural code as impractical. The reason is based on giving emphasis on the neeed of swift and just procedure given by simple judicial procedure guaranteed by court responsible for matters of minors. To ensure such a just and swift procedure, we suggest to replace present four stages of administrative and judicial procedure with a single consent (given by a decision) of the court responsible for matters of minors upon a motion of the appropriate administative office filed after the child had been given to the future adoptive parents. Such a procedure should also guarantee all basic rights of the biological parents of such a child.

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