Încercări de devoalare a raţiunilor cerinţei consimţământului părinţilor biologici la adopţie şi de armonizare a prezumţiilor de comunicare cu mecanismul de formare a refuzului abuziv de a consimţi la adopţie
Attempts to disclose the reasons of biological parents’ consent request at adoption and of harmonization of communication assumptions with the mechanism of formation of abusive refusal to consent to adoption

Summary/Abstract: In our presentation we have tried to thematize the reasons for which it is requested the consent of the biological parents at adoption, valuing in legal field the clinic experience of the psychologists. This was necessary in order to have an image of the real dimension of physical and psychical connection between the child and the biological parent, and also the conditions in which this connection may be broken definitively by opening the adoption procedure. The child’s rupture of the biological parents may be realized by adoption, only after the express consent of the parents to adoption. The Romanian legislator provided that the lack of presentation of the biological parents at two judgment terms may be considered as an abusive refusal to consent to adoption. To operate the abuse in this manner, the biological parents must know of the existence of the process of opening the adoption procedure, situation in which the citation procedure must be realized in a way that certifies that the parents know about the conduct of legal proceedings. The function of citation procedure from the stage of the adoption’s opening is that of creation the premises of appliance the rules from the abuse of right under the aspect of formation of the volitional element. As the legislator uses the communication presumptions of the citation, we tried to harmonize the communication presumptions with the mechanism of formation of the abusive refusal to consent to adoption. In this sense, we argued that the procedure of citation realized by display or by putting the citation in the mailbox, cannot create the premises of appliance of the rules from the abuse under the aspect of formation of the volitional element, in the procedure of opening the adoption of the underage child.

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