Complete adoption of a person by a Bulgarian citizen

Adoption is a legal act by virtue of which a legal relationship is created between two persons, similar to the relationship between a parent and a child. Adoption is understood as both the legal fact giving rise to the legal relationship adopter - adopted, and the legal relationship itself.

The adoption is obligatory complete when the adoptee is (art. 100 of the Civil Code):

1. child of unknown parents;

2. when the parents have given prior consent for full adoption;

3. when the child is placed in a social or integrated health and social service for residential care and the parent within 6 months from the date of placement by administrative order according to the Child Protection Act without good reason has not requested termination of accommodation or change of measure and return of the child or his placement in a family of relatives or friends under the CPA.

4. when the child is placed in a foster family and is entered in the register of children for full adoption.

In the case of full adoption between the adoptee and his descendants, on the one hand, and the adopter and his relatives - on the other hand, rights and obligations arise as between relatives by origin, and the rights and obligations between the adoptee and his descendants with their relatives cease.

The same consequences occur when:

1. the adoptive parent;

2. the parents of the adoptee;

3. the spouses of the adopter and of the adoptee;

4. adoptions, if he has reached the age of fourteen,

give their consent without full adoption being required. In case of full adoption, the obstacles for concluding a marriage due to kinship under Art. 7, para. 2, items 1 and 2 of the SC are not dropped.

The court ruled that a new birth certificate be drawn up in which the adoptive parent is registered as a parent. The act shall be drawn up by the civil status official in the municipality, town hall or region at the permanent address of the adopter.

1. when submitting the application for adoption he / she has not reached the age of 18 (Article 77 of the Civil Code). The age is assessed as of the date of application.

2. the person must not have been adopted before (art. 79 of the Civil Code). This prohibition does not apply when the adoption is performed by spouses, regardless of whether they perform the adoption simultaneously or sequentially. When two spouses adopt at the same time and the adoption is allowed with one decision, two separate adoptive legal relations arise.

 

The age difference between them should be at least 15 years.

The adoptive parent must be at least fifteen years older than the adoptee. No age difference is required when a husband adopts his spouse's own child. When the adoption is carried out simultaneously or consecutively by two spouses and for one of them there is a difference in age, such a difference is not required for the other spouse.

The existence of this precondition - the difference in age - does not necessarily mean that the court will allow the adoption. The precondition should be present, but the court is not obliged to allow the adoption. He has a discretion (Article 97 CC). The interests of the adoptees are leading.

Restriction for adoption in the presence of a statutory family relationship (Article 80 of the Civil Code).

- relatives in the direct line - a parent cannot adopt his child. However, it is permissible for a biological parent whose maternity / paternity has not been proven to be able to adopt their child because the law does not treat him or her as a parent.

- on the lateral line - adoption between brothers and sisters cannot take place.

- Prohibition of adoption by grandparents - these persons are closely related to the child. However, it is allowed in certain hypotheses:

the child was born out of wedlock;

the child's parents have died;

when one parent has died - the consent of the other parent is required. The court judges according to the interests of the child.