Forma adopţiei în dreptul internaţional privat român
The form of adoption in Romanian private international law

Summary/Abstract: Article 2609 of the Romanian Civil Code with the marginal title “The law applicable to the form of adoption” reads as follows: “The form of adoption is subject to the law of the State on whose territory it is terminated.” If the adoption with an extranet element ends in the territory of Romania, according to the Romanian law we will have to qualify primary the notion of formal conditions necessary for the end of the adoption. In this context, taking into account the provisions of art. 2558 par. (1) of the Civil Code we will perform the primary qualification according to Romanian law as a law of the forum for any Romanian public authority of the notion of “formal conditions necessary for the end of adoption”. When drafting the article, we will take into account the provisions of the Romanian Civil Code on adoption, the revised European Convention on the Adoption of Children adopted in Strasbourg on 27 November 2008, ratified in Romania by Law no. 138/2011 published in the Official Gazette no. 515 of 21 July 2011, the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, ratified in Romania by Law no. 84/1994 published in the Official Gazette no. 298 of 21 October 1994, Law no. 273/2004 on the legal regime of adoption republished in the Official Gazette no. 739 of 23 September 2016 and updated in 2018.

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