FAMILIY CODE
Promulgated State Gazette, No. 47/23.06.2009, effective 1.10.2009, amended, SG No. 74/15.09.2009, effective 1.10.2009, SG No. 82/16.10.2009
Chapter Eight
ADOPTION
Section I
Adoptability
Promulgated State Gazette, No. 47/23.06.2009, effective 1.10.2009, amended, SG No. 74/15.09.2009, effective 1.10.2009, SG No. 82/16.10.2009
Chapter Eight
ADOPTION
Section I
Adoptability
Adopted Child
Article 77. (1) Adoptable shall be only a person below the age of eighteen as of the date of the petition for adoption.
(2) Twins shall be adopted together. By way of exception, twins may be adopted separately provided they could not be adopted together in the course of six months of the date of entry into the register under Article 83 and their best interests warrant it.
(3) Siblings shall be adopted together if they have an emotional relationship between them.
Adoptive Parent
Article 78. Eligible to be an adoptive parent shall be a person of legal capacity who has not been deprived of parental rights.
Age Difference
Article 79. The adoptive parent shall be at least fifteen years older than the adopted child. No age difference shall be required for adoption of a child by birth of a spouse by the other spouse. Where the adoption is carried out simultaneously or consecutively by both spouses and one of them meets the age difference requirement, no such age difference shall be required from the other.
Non-adoptability of Kin
Article 80. (1) No adoption shall be allowed between lineal kin and between siblings.
(2) Grandparents or a grandparent may adopt a grandchild if the latter was born out of wedlock or a parent or the parents are deceased. The court shall hear also the other grandparents of the prospective adopted child.
(3) In cases of petitions for adoption by maternal or parental grandparents, the court shall rule with a view to the best interests of the child.
Non-adoptability by Two Persons
Article 81. (1) Nobody shall be adopted by two persons, unless the latter are spouses.
(2) Nobody shall be adopted for a second time before the existing adoption is terminated.
(3) The prohibitions under paragraphs 1 and 2 shall not apply to the spouse of the adoptive parent.
Additional Requirements for Full Adoptability
Article 82. (1) Full adoption shall be allowed provided that:
1. the prospective adopted child is entered into the register under Article 83; and
2. the adoptive parent is entered into the register under Article 85.
(2) Paragraph 1 shall not apply to the adoption of a spouse's child by the other spouse, to the adoption of a grandchild by the grandparents or either of them, as well as to the adoption by collateral kin three times removed.
(3) The requirement for entry into the register of adoptive parents under Article 85 shall not apply to the adoption by a custodian or a guardian or by the family of kin or relatives in which the child is accommodated by court pursuant to the provisions of the Child Protection Act.
(4) The persons under paragraph 3 shall be vetted by the Social Welfare Directorate at their permanent residence.
Registers of Children for Full Adoption
Article 83. (1) The Social Welfare Agency shall maintain a national electronic information system for adoptable children eligible for full adoption.
(2) Regional Social Welfare Directorates shall maintain registers for adoptable children eligible for full adoption.
(3) The details relevant to the adoption and the procedures for maintaining and keeping the registers shall be set out in a regulation of the Minister of Labour and Social Policy.
Entry of Children for Full Adoption in Regional Registers
Article 84. (1) The Social Welfare Directorate shall notify in writing the Regional Social Welfare Directorate of a child accommodated administratively pursuant to the provisions of the Child Protection Act whose parents are unknown or have given their consent with full adoption within seven days of the accommodation.
(2) Where a child has been accommodated administratively at a specialized institution pursuant to the provisions of the Child Protection Act and the parent has not requested discontinuation of the accommodation or change in the protective measure without any cogent reason, the Social Welfare Directorate at the current address of the child shall notify in writing the Regional Social Welfare Directorate of the entry into the register within seven days of the expiration of the time limit under Article 93, paragraph 2, first sentence. A copy of the petition for judicial accommodation pursuant to the provisions of Article 27, paragraph 2 of the Child Protection Act shall be attached to the notification.
(3) A child whose parents are deceased, deprived of parental rights or placed under full legal interdiction may be entered into the register at the request of the custodian or guardian submitted to the director of the Regional Social Welfare Directorate. The director shall seek the opinion on the best interests of the child from the Social Welfare Directorate and from the custody and guardianship authority.
(4) A person under custodianship may request to be entered into the register under paragraph 3.
(5) The entry of a child into the register may be carried out also on the basis of a request by the parents submitted through the Social Welfare Directorate, where such registration is in the best interests of the child.
(6) The entry into the register and the refusal to make an entry shall be based on an order by the director of the Regional Social Welfare Directorate, which shall be subject to challenge pursuant to the provisions of the Administrative Procedure Code.
National Register of Full Adoptive Parents
Article 85. The Social Welfare Agency shall keep a register of prospective full adoptive parents. The entry into the register shall be made by the Regional Social Welfare Directorates pursuant to the provisions of the regulation under Article 83, paragraph 3.
Admission to the National Register of Full Adoptive Parents
Article 86. (1) A prospective full adoptive parent shall file a petition with the Social Welfare Directorate at his or her place of permanent residence to be entered into the register.
(2) The Social Welfare Directorate shall vet the eligibility of the person to become an adoptive parent.
(3) A person approved by the Social Welfare Directorate shall be entered into the register ex officio.
(4) The refusal to give approval shall be subject to challenge pursuant to the provisions of the Administrative Procedure Code.
(5) The approval shall be valid for two years.
(6) The procedures for the vetting and for issuance and withdrawal of the approval of the entry into the register shall be set out in the regulation under Article 83, paragraph 3.
Notes and Deletions in the Register
Article 87. (1) The prospective adoptive parent shall notify the Social Welfare Directorate of any change in the circumstances relevant to the issuance of the approval.
(2) Changes in the circumstances shall be noted in the register. An approval shall be withdrawn in cases of material change of circumstances after a new vetting procedure.
(3) The withdrawal of the approval shall be subject to challenge pursuant to the provisions of the Administrative Procedure Code.
(4) Notes and deletions shall be entered on the basis of an order by the director of the Regional Social Welfare Directorate.
Personal Data Protection
Article 88. The Social Welfare Agency shall take measures to ensure personal data protection in the registers.
Section II
Granting of Adoption
Consent with the Adoption
Article 89. (1) The consent of the following persons shall be required for adoption purposes:
1. the adoptive parent;
2. the parents of the person to be adopted;
3. the spouses of the adoptive parent and the person to be adopted;
4. the person to be adopted in case he or she is fourteen years of age or above.
(2) The mother may giver her consent not earlier than 30 days after birth.
(3) The parents of the person to be adopted shall give their consent also in case they are minors.
(4) The consent of the persons under paragraph 1, subparagraphs 2 and 3 shall not be required in case they are below the age of fourteen or placed under legal interdiction.
(5) In cases of full adoption the Social Welfare Directorate shall explain to the persons under paragraph 1 the consequences of granting adoption prior to their giving of consent. In cases of limited adoption, clarifications shall be given by court.
(6) The persons under paragraph 1 shall submit a declaration with notarized signature that their consent is not associated to any material gain.
Opinion on the Adoption
Article 90. (1) The court shall hear the prospective adopted child pursuant to the provisions of the Child Protection Act, unless it is below the age of fourteen.
(2) The following parties shall give an opinion on the adoption:
1. the custodian or guardian;
2. the parents in case they are minors, placed under limited legal interdiction or deprived of parental rights;
3. the spouses of the adoptive parent and the person to be adopted in case they are placed under limited legal interdiction.
Forms of the Consent and the Opinion
Article 91. (1) The consent under Article 89 and the opinion of the persons under Article 90 may be given to court in person, through a declaration with notarized signature or through a special proxy. The court may summon and hear in person some of these persons if its finds it necessary to do so.
(2) The person to be adopted shall give his or her consent to court in person.
(3) In cases of full adoption, where the parent gives his or her opinion in person, the parent and the adoptive parent shall be heard in separate court sessions, except for the cases under Article 82, paragraph 2.
Withdrawal of Consent
Article 92. The parent may withdraw his or her consent with full adoption through a petition with notarized signature prior to the inception of adoption proceedings. The petition shall be filed with the Social Welfare Directorate and a copy shall be sent to the Regional Social Welfare Directorate.
Adoption with Parental Consent
Article 93. (1) Adoption without parental consent shall be granted, where the parent systematically fails to take care of the child, fails to provide maintenance or brings up and nurtures the chills in a manner detrimental to its development.
(2) Adoption without parental consent shall be granted also in case the child is accommodated at a specialized institution and the parent has not requested discontinuation of the accommodation or change of the measure and return or accommodation of the child in a family of kin or relatives pursuant to the provisions of the Child Protection Act without any cogent reason for six months since the date of administrative accommodation under the Child Protection Act. This request may be filed also in the judicial accommodation proceedings pursuant to the provisions of the Child Protection Act.
(3) In the cases under paragraph 1, the parent shall be summoned to be heard in court.
Adoption Board
Article 94. (1) The Adoption Board shall be established at the Regional Social Welfare Directorate.
(2) The director of the Regional Social Welfare Directorate shall serve as chairperson of the Adoption Board. Members of the Board shall be as follows: a lawyer designated by the Regional Governor, a physician designated by the director of the Regional Health Centre, a pedagogue designated by the head of the Regional Inspectorate for Education, a psychologist designated by the director of the Social Welfare Directorate at the current place of residence of the child, as well as the head of the specialized institution where the child is accommodated.
(3) The authorities under paragraph 2 shall designated also permanent alternates to the Board members.
(4) The Board shall hold weekly meetings.
(5) The Board shall make decisions by show of hands and by a majority of at least two-thirds of the membership.
(6) (Amended, SG No. 74/2009, effective 1.10.2009) The Minister of Labour and Social Policy shall issue rules of the Board under paragraph 1 in consultation with the Minister of Health, the Minister of Education, Youth and Science and the Minister of Justice.
(7) The chairperson and the members of the Adoption Board shall receive remuneration in an amount determined by the Minister of Labour and Social Policy for their participation in each Board meeting.
Selection of a Full Adoptive Parent
Article 95. (1) Within a month from the entry of the child into the register, the Adoption Board shall select suitable adoptive parents for the child, depending on the sequence of their registration, their preferences and the circumstances relevant to the best interests of the child.
(2) Beyond the cases under paragraph 1, the Adoption Board may select as a suitable adoptive parent of the child a person acting as foster family provided the latter is entered into the register under Article 85 and has taken care of the child for at least a year after its accommodation with the foster family.
(3) The Regional Social Welfare Directorate shall notify in writing the top selected suitable adoptive parent of its decision under paragraph 1 and provide the details of the child. The Social Welfare Directorate at the current place of residence of the child shall provide assistance for the establishment of personal contact.
(4) In the cases under paragraph 2, the Regional Social Welfare Directorate shall notify the adoptive parent in writing.
(5) The adoptive parent may file a petition for adoption to the court through the Regional Social Welfare Directorate within a month of reception of the notification. The Directorate shall refer the petition for adoption together with the file to the court within three days of reception of the petition.
(6) Where the notified adoptive parent rejects the proposal in writing or fails to file a petition within the time limit under paragraph 5, the Regional Social Welfare Directorate shall notify the next suitable adoptive parent.
(7) The rejection or failure to file a petition within the time limits under paragraph 5 shall be noted in the National Register of Full Adoptive Parents.
Jurisdiction
Article 96. (1) The petition for full adoption shall be filed by the adoptive parent through the Regional Social Welfare Directorate whose Adoption Board has selected the adoptive parent to the regional court at the location of the regional directorate.
(2) A petition for full adoption under Article 82, paragraphs 2 and 3 may be filed by the adoptive parent, the parents of the prospective adopted child or by the prospective adopted child provided the latter is fourteen years of age or above through the respective Regional Social Welfare Directorate to the regional court at the place of permanent residence of the petitioner.
(3) A petition for limited adoption shall be filed by the adoptive parent to the regional court at the place of permanent residence of the petitioner.
Judgment on the Petition for Adoption
Article 97. (1) The regional court shall examine the petition for adoption in an open session held in camera within 14 days of reception of the petition. In cases of full adoption, the court shall hear the report of the Social Welfare Directorate and collect evidence pursuant to the provisions of the Code of Civil Procedure. The court shall hear the conclusion of the public prosecutor and rule a judgment with reasons attached thereof.
(2) Adoption shall be granted provided it is in the best interests of the adopted child.
(3) The judgment shall be announced in court session and, after it becomes enforceable, the judgment shall be sent ex officio to the municipality at the place of permanent residence of the adoptive parent and to the Social Welfare Agency or, where the adoptive parent is a foreign national, to the City of Sofia and to the Ministry of Justice.
Appeal of Judgment
Article 98. (1) The judgment under Article 97, paragraph 1 may be appealed by the adoptive parent, by the parents of the adopted child, except for the cases under Article 93, paragraph 2, by the adopted child and by the public prosecutor before the court of appeal within 14 days of communication of the judgment. Where it is fourteen years of age or above, the adopted child may appeal against the judgment in person.
(2) Within 14 days of reception of the appeal, the court shall hear the case in an open session held in camera and rule the final judgment.
Scope of Provisions
Article 99. The provisions of Articles 77 to 98 shall apply also to the adoption of a child with habitual residence in the Republic of Bulgaria, as well as adoption by a foreign national with habitual residence in the Republic of Bulgaria.
Section III
Effects of Adoption
Types of Adoption
Article 100. (1) Adoption may be either full or limited.
(2) Full adoption shall be granted in any of the following cases:
1. the adopted person is a child of unknown parentage;
2. the parents have given their consent with full adoption in advance;
3. in the case under Article 93, paragraph 2.
(3) In all other cases, adoption may be either full or limited. The type of adoption shall be determined by the persons whose consent is required under Article 89.
Full Adoption
Article 101. (1) In case of full adoption, the rights and obligations arising between the adopted child and its descendants, onof the one part, and the adoptive parent and his kin and relatives, onof the other part shall be tantamount to those between kin by origin, while the rights and obligations between the adopted child and its descendants and its kin by origin shall be terminated. The impediments to marriage due to kinship under Article 7, paragraph 2, subparagraphs 1 and 2 shall be retained.
(2) The court shall rule on the issuance of a new birth certificate in which the adoptive parent shall be specified as the parent. The birth certificate shall be issued by the registrar at the municipality, mayoralty or ward at the place of permanent residence of the adoptive parent or at the place ruled by the court where the adoptive parents are two.
Limited Adoption
Article 102. (1) In case of limited adoption, rights and obligations identical to those between kin by origin shall arise only between the adopted child and its descendants, of the one part, and the adoptive parent, of the other part shall be tantamount to those between kin by origin, while the rights and obligations between the adopted child and its descendants and its kin by origin shall be retained. The parental rights and obligations shall be transferred to the adoptive parent.
(2) The parents by birth shall owe maintenance, where the adoptive parent is not in a position to provide it. Parents by birth shall not be heirs to the adopted child.
Adoption by the Spouse of a Parent
Article 103. (1) Where a child is adopted by the spouse of a parent, the rights and obligations arising between this parent and his kin and relatives, onof the one part, and the adopted child and its descendants, onof the other part, shall be retained.
(2) In the case under paragraph 1, the existing birth certificate shall feature the details of the adoptive parent, alongside with the details of the parent by birth with whom relations are retained.
Post-adoption Monitoring
Article 104. The Social Welfare Directorate at the current place of residence of the adoptive parent shall monitor the upbringing of the child and the respect for its rights and legitimate interests in the course of two years.
Right to Information
Article 105. Adoptive parents shall have the right to obtain information about the origin of the child from the Social Welfare Directorate provided there exist compelling reasons to do so. In case compelling reasons warrant it, the person aged sixteen or above shall be entitled to the same right.
Section IV
Termination of Adoption
Termination Grounds
Article 106. (1) The regional court shall terminate the adoption in any of the following cases:
1. need for annulment due to violation of Article 77, paragraph 1, Articles 78, Article 79, Article 80, paragraphs 1 and 2, first sentence, Article 81, Article 82, paragraph 1, subparagraphs 1, 2 and 4 and paragraphs 2 and 3;
2. serious fault of either party or existence of other circumstances which lead to deep breakdown of the relations between the adoptive parent and the adopted person.
(2) A petition for annulment of adoption due to violation of Article 89, paragraph 1, subparagraphs 1, 2 and 4 may be filed by the person who has not given his or her consent within a one-year time limit prescribed for the adoptive parent and each parent of the adopted child as from the time of becoming aware of the adoption. The time limit for the adopted person shall commence on the date of coming of age or becoming aware of the adoption, whichever is later. The same rule shall apply also to the person whose consent has been given due to mistake or fraud or under duress or in violation of Article 89, paragraph 2.
(3) A petition for annulment of adoption due to violation of Article 82, paragraph 1, subparagraph 1 may be filed by the adoptive parent, the adopted child and either parent of the adopted child within a year of the granting of the adoption.
(4) In all other cases of need for annulment, termination may be requested by the adoptive parent, the adopted child and either parent of the adopted child until the adopted child comes of age.
(5) In the cases under paragraph 1, subparagraph 2, termination of the adoption may be requested by the adoptive parent and the adopted child.
(6) The public prosecutor shall be entitled to request termination of adoption within the time limits under paragraphs 3 and 4 in cases of infringement of public interests.
(7) The Social Welfare Directorate shall be entitled to request termination of adoption within the time limits under paragraphs 3 and 4 but not later than the time of the adopted child coming of age, where the adoption contravenes its best interests.
(8) Adoption may be terminated by the district court at the mutual consent of the adoptive parent and the adopted person provided both have legal competence.
Termination of Adoption upon Death
Article 107. (1) In cases of full adoption, the court may terminate the adoption at the request of the adopted child, his or her parents, the custodian, the guardian or the Social Welfare Directorate, where either or both adoptive parents are deceased, the adopted child is a minor and its best interests warrant it.
(2) In cases of limited adoption, adoption shall be terminated upon the death of the adoptive parent or upon the death of the adopted person who has left no descendants but the survivor shall inherit the deceased.
Continuation of Proceedings for Termination of Adoption
Article 108. Where the adoptive parent or the prospective adopted child dies during the proceedings for termination of adoption under Article 106, paragraph 1, the proceedings may be continued by the heirs of the petitioner. Where the court grants the petition, the surviving adoptive parent or adopted child at fault shall not inherit the deceased.
Effects of Termination
Article 109. The effects of adoption shall discontinue upon its termination.
Section V
Special Rules for Intercountry Adoption
Adopted Child
Article 110. (1) A child habitually resident in the Republic of Bulgaria may be adopted by a person habitually resident abroad if all possibilities for domestic adoption have been exhausted and the child is entered into the register under Article 113, paragraph 1, subparagraph 1, except for the cases under Article 82, paragraph 2.
(2) The adoption of a child who is a Bulgarian citizen habitually resident in other State shall be carried out, while observing the requirements of the legislation of this State.
Adoptive Parent
Article 111. (1) A person habitually resident abroad may adopt a child habitually resident in the Republic of Bulgaria if this person is entered into the register under Article 113, paragraph 1, subparagraph 2, except for the cases under Article 82, paragraph 2.
(2) A person under paragraph 1 may not adopt a child habitually resident in the Republic of Bulgaria if he or she is habitually resident in a State, which will not recognize the judgment of the Bulgarian court on the adoption.
Powers of the Minister of Justice
Article 112. (1) The Ministry of Justice shall perform the functions of a Central Authority under the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption drawn up in the Hague on 29 May 1993 (ratified by law - State Gazette, No. 16 of 2002) (SG, No. 78 of 2002), hereinafter referred to as "the Hague Convention".
(2) The Minister of Justice shall:
1. perform the activities related to intercountry adoption;
2. supervise the activities of accredited intermediary bodies in intercountry adoption;
3. issue regulations on the procedures for keeping intercountry adoption registers.
(3) Where a child habitually resident in the Republic of Bulgaria is adopted in accordance with the Hague Convention, the Minister of Justice shall certify this fact.
(4) The Minister of Justice shall give opinion on the cases under Article 110, paragraph 2, where the legislation of the State in which the child is habitually resident requires a ruling by the Bulgarian Central Authority on intercountry adoption.
(5) Where violation of the rights and legitimate interests of the adopted child is observed within two years of granting adoption, the Minister of Justice shall notify the Competent Authority of the State in which the adoptive parent is habitually resident.
(6) Where no suitable adoptive parents are entered into the register, the Intercountry Adoption Board cannot select suitable registered adoptive parents or the selected adoptive parents have failed to adopt a child with health problems, special needs or above the age of seven, the Minister of Justice shall undertake the measures laid down in the regulation under Article 113, paragraph 4.
Intercountry Adoption Registers
Article 113. (1) The Ministry of Justice shall keep:
1. a register of children adoptable by persons habitually resident abroad on full adoption basis;
2. a register of adoptive parents habitually resident abroad who are willing to adopt a child habitually resident in the Republic of Bulgaria on full adoption basis;
3. a register of adoptive parents permanently resident in the Republic of Bulgaria who are willing to adopt a child habitually resident abroad;
4. a public register of accredited intermediary bodies in intercountry adoption.
(2) The Adoption Board under Article 94 shall notify the Intercountry Adoption Board on the entry of a child in the register of children if at least three adoptive parents were selected for the child pursuant to the provisions of Article 95 and none has filed a petition for adoption or where no suitable adoptive parent can be selected in spite of all efforts.
(3) The entry of the child into the register under paragraph 1, subparagraph 1 shall be noted in the regional register, providing no obstacle for the respective Adoption Board to select a suitable adoptive parent.
(4) The content and procedure of keeping the registers under paragraph 1 shall be set out in a regulation of the Minister of Justice.
Intercountry Adoption Board
Article 114. (1) (Amended, SG No. 74/2009, effective 1.10.2009) The Intercountry Adoption Board shall be established at the Ministry of Justice, consisting of a chairperson who is Deputy Minister of Justice and members who represent the Ministry of Justice, the Ministry of Health, the Ministry of Education, youth and Science, the Ministry of Labour and Social Policy, the Ministry of Foreign Affairs and the State Child Protection Agency each.
(2) The chairperson and each member shall have alternates.
(3) The Board shall hold at least three meetings monthly.
(4) The Board shall make decisions by show of hands and by a majority of at least two-thirds of the membership.
(5) The Minister of Justice shall designate the members of the Board under paragraphs 1 and 2 by name at the proposal of the heads of the respective institutions and issue rules for its activity.
(6) The chairperson and the members of the Intercountry Adoption Board shall receive remuneration in an amount determined by the Minister of Justice for their participation in each Board meeting.
(7) Within 60 days of the entry of the children into the register, the Intercountry Adoption Board shall examine the candidates to select a suitable adoptive parent, while observing the criteria under Article 95, paragraph 1.
(8) The Board shall examine all eligible candidates to select a suitable adoptive parent.
Competence of the Intercountry Adoption Board
Article 115. The Intercountry Adoption Board shall:
1. make a proposal to the Minister of Justice on the selection of a suitable adoptive parent;
2. express an opinion before the Minister of Justice on the petitions of persons habitually resident in the Republic of Bulgaria for adoption of a child habitually resident abroad;
3. make proposals to the Minister of Justice on the issuance of licencses under Article 121;
4. express opinions and give recommendations to the Minister of Justice with respect to intercountry adoption;
5. make a proposal to the Minister of Justice on the withdrawal of the license licence of an accredited body.
Intermediation in Intercountry Adoption
Article 116. (1) Intermediation in intercountry adoption may be carried out by a legal entity pursuing non-profit objectives in public interest, hereinafter referred to as "an accredited body" entered into the Central Register under Article 45, paragraph 1 of the Non-profit Legal Persons Act and licensed for this purpose by the Minister of Justice.
(2) A foreign non-profit legal entity accredited to serve as an intermediary in respect of intercountry adoption by a foreign authority may perform its tasks in the Republic of Bulgaria only on the basis of a licencse issued by the Minister of Justice for intermediation with the respective State.
(3) The Minister of Justice shall issue a regulation on the procedures for the issuance and withdrawal of licencses and on the activities of accredited bodies, including their termination.
Consent of the Minister of Justice
Article 117. (1) The Minister of Justice shall give his or her consent with the adoption of a child habitually resident in the Republic of Bulgaria by the adoptive parent proposed by the Intercountry Adoption Board.
(2) The Minister of Justice shall refuse to give his or her consent in any of the following cases:
1. establishment of circumstances which are not in the best interests of the child;
2. material violations in the adoption proceedings.
(3) In the cases under paragraph 2, the Intercountry Adoption Board shall make a new proposal.
(4) A fee shall be charged for giving consent with the adoption at rates approved by the Council of Ministers.
Proceedings on the basis of Petitions for Intercountry Adoption
Article 118. (1) Where consent is given under Article 117, the Ministry of Justice shall refer the petition for adoption to the Sofia City Court. Proceedings shall take place pursuant to the provisions of Article 97.
(2) The judgment under paragraph 1 may be appealed by the adoptive parent, by the parents of the adopted child, except for the cases under Article 93, paragraph 2, by the adopted child and by the public prosecutor before The Sofia Court of Appeal within 14 days of notification of the judgment. Where the adopted child is fourteen years of age or above, he or she may appeal in person. The case shall be judged within the time limits and pursuant to the provisions of Article 98, paragraph 2.
Termination of Intercountry Adoption
Article 119. (1) The Minister of Justice shall be entitled to request termination of adoption, where the grounds under Article 106, paragraphs 1 and 7 exist and within the time limits prescribed therein.
(2) The Minister of Justice shall file a petition to terminate the adoption in case the judgment of the Bulgarian court on its granting is not recognized by the receiving State.
Data Protection
Article 120. The Minister of Justice shall take measures to ensure personal data protection.
License for Intermediation
Article 121. (1) An application shall be filed with the Minister of Justice for the issuance of a license for intermediation in intercountry adoption.
(2) The validity of the license shall be five years.
(3) A fee shall be charged for the examination of an application for a license at rates approved by the Council of Ministers.
(4) A licence shall be withdrawn at a proposal of the Intercountry Adoption Board with reasons attached thereof.
Article 77. (1) Adoptable shall be only a person below the age of eighteen as of the date of the petition for adoption.
(2) Twins shall be adopted together. By way of exception, twins may be adopted separately provided they could not be adopted together in the course of six months of the date of entry into the register under Article 83 and their best interests warrant it.
(3) Siblings shall be adopted together if they have an emotional relationship between them.
Adoptive Parent
Article 78. Eligible to be an adoptive parent shall be a person of legal capacity who has not been deprived of parental rights.
Age Difference
Article 79. The adoptive parent shall be at least fifteen years older than the adopted child. No age difference shall be required for adoption of a child by birth of a spouse by the other spouse. Where the adoption is carried out simultaneously or consecutively by both spouses and one of them meets the age difference requirement, no such age difference shall be required from the other.
Non-adoptability of Kin
Article 80. (1) No adoption shall be allowed between lineal kin and between siblings.
(2) Grandparents or a grandparent may adopt a grandchild if the latter was born out of wedlock or a parent or the parents are deceased. The court shall hear also the other grandparents of the prospective adopted child.
(3) In cases of petitions for adoption by maternal or parental grandparents, the court shall rule with a view to the best interests of the child.
Non-adoptability by Two Persons
Article 81. (1) Nobody shall be adopted by two persons, unless the latter are spouses.
(2) Nobody shall be adopted for a second time before the existing adoption is terminated.
(3) The prohibitions under paragraphs 1 and 2 shall not apply to the spouse of the adoptive parent.
Additional Requirements for Full Adoptability
Article 82. (1) Full adoption shall be allowed provided that:
1. the prospective adopted child is entered into the register under Article 83; and
2. the adoptive parent is entered into the register under Article 85.
(2) Paragraph 1 shall not apply to the adoption of a spouse's child by the other spouse, to the adoption of a grandchild by the grandparents or either of them, as well as to the adoption by collateral kin three times removed.
(3) The requirement for entry into the register of adoptive parents under Article 85 shall not apply to the adoption by a custodian or a guardian or by the family of kin or relatives in which the child is accommodated by court pursuant to the provisions of the Child Protection Act.
(4) The persons under paragraph 3 shall be vetted by the Social Welfare Directorate at their permanent residence.
Registers of Children for Full Adoption
Article 83. (1) The Social Welfare Agency shall maintain a national electronic information system for adoptable children eligible for full adoption.
(2) Regional Social Welfare Directorates shall maintain registers for adoptable children eligible for full adoption.
(3) The details relevant to the adoption and the procedures for maintaining and keeping the registers shall be set out in a regulation of the Minister of Labour and Social Policy.
Entry of Children for Full Adoption in Regional Registers
Article 84. (1) The Social Welfare Directorate shall notify in writing the Regional Social Welfare Directorate of a child accommodated administratively pursuant to the provisions of the Child Protection Act whose parents are unknown or have given their consent with full adoption within seven days of the accommodation.
(2) Where a child has been accommodated administratively at a specialized institution pursuant to the provisions of the Child Protection Act and the parent has not requested discontinuation of the accommodation or change in the protective measure without any cogent reason, the Social Welfare Directorate at the current address of the child shall notify in writing the Regional Social Welfare Directorate of the entry into the register within seven days of the expiration of the time limit under Article 93, paragraph 2, first sentence. A copy of the petition for judicial accommodation pursuant to the provisions of Article 27, paragraph 2 of the Child Protection Act shall be attached to the notification.
(3) A child whose parents are deceased, deprived of parental rights or placed under full legal interdiction may be entered into the register at the request of the custodian or guardian submitted to the director of the Regional Social Welfare Directorate. The director shall seek the opinion on the best interests of the child from the Social Welfare Directorate and from the custody and guardianship authority.
(4) A person under custodianship may request to be entered into the register under paragraph 3.
(5) The entry of a child into the register may be carried out also on the basis of a request by the parents submitted through the Social Welfare Directorate, where such registration is in the best interests of the child.
(6) The entry into the register and the refusal to make an entry shall be based on an order by the director of the Regional Social Welfare Directorate, which shall be subject to challenge pursuant to the provisions of the Administrative Procedure Code.
National Register of Full Adoptive Parents
Article 85. The Social Welfare Agency shall keep a register of prospective full adoptive parents. The entry into the register shall be made by the Regional Social Welfare Directorates pursuant to the provisions of the regulation under Article 83, paragraph 3.
Admission to the National Register of Full Adoptive Parents
Article 86. (1) A prospective full adoptive parent shall file a petition with the Social Welfare Directorate at his or her place of permanent residence to be entered into the register.
(2) The Social Welfare Directorate shall vet the eligibility of the person to become an adoptive parent.
(3) A person approved by the Social Welfare Directorate shall be entered into the register ex officio.
(4) The refusal to give approval shall be subject to challenge pursuant to the provisions of the Administrative Procedure Code.
(5) The approval shall be valid for two years.
(6) The procedures for the vetting and for issuance and withdrawal of the approval of the entry into the register shall be set out in the regulation under Article 83, paragraph 3.
Notes and Deletions in the Register
Article 87. (1) The prospective adoptive parent shall notify the Social Welfare Directorate of any change in the circumstances relevant to the issuance of the approval.
(2) Changes in the circumstances shall be noted in the register. An approval shall be withdrawn in cases of material change of circumstances after a new vetting procedure.
(3) The withdrawal of the approval shall be subject to challenge pursuant to the provisions of the Administrative Procedure Code.
(4) Notes and deletions shall be entered on the basis of an order by the director of the Regional Social Welfare Directorate.
Personal Data Protection
Article 88. The Social Welfare Agency shall take measures to ensure personal data protection in the registers.
Section II
Granting of Adoption
Consent with the Adoption
Article 89. (1) The consent of the following persons shall be required for adoption purposes:
1. the adoptive parent;
2. the parents of the person to be adopted;
3. the spouses of the adoptive parent and the person to be adopted;
4. the person to be adopted in case he or she is fourteen years of age or above.
(2) The mother may giver her consent not earlier than 30 days after birth.
(3) The parents of the person to be adopted shall give their consent also in case they are minors.
(4) The consent of the persons under paragraph 1, subparagraphs 2 and 3 shall not be required in case they are below the age of fourteen or placed under legal interdiction.
(5) In cases of full adoption the Social Welfare Directorate shall explain to the persons under paragraph 1 the consequences of granting adoption prior to their giving of consent. In cases of limited adoption, clarifications shall be given by court.
(6) The persons under paragraph 1 shall submit a declaration with notarized signature that their consent is not associated to any material gain.
Opinion on the Adoption
Article 90. (1) The court shall hear the prospective adopted child pursuant to the provisions of the Child Protection Act, unless it is below the age of fourteen.
(2) The following parties shall give an opinion on the adoption:
1. the custodian or guardian;
2. the parents in case they are minors, placed under limited legal interdiction or deprived of parental rights;
3. the spouses of the adoptive parent and the person to be adopted in case they are placed under limited legal interdiction.
Forms of the Consent and the Opinion
Article 91. (1) The consent under Article 89 and the opinion of the persons under Article 90 may be given to court in person, through a declaration with notarized signature or through a special proxy. The court may summon and hear in person some of these persons if its finds it necessary to do so.
(2) The person to be adopted shall give his or her consent to court in person.
(3) In cases of full adoption, where the parent gives his or her opinion in person, the parent and the adoptive parent shall be heard in separate court sessions, except for the cases under Article 82, paragraph 2.
Withdrawal of Consent
Article 92. The parent may withdraw his or her consent with full adoption through a petition with notarized signature prior to the inception of adoption proceedings. The petition shall be filed with the Social Welfare Directorate and a copy shall be sent to the Regional Social Welfare Directorate.
Adoption with Parental Consent
Article 93. (1) Adoption without parental consent shall be granted, where the parent systematically fails to take care of the child, fails to provide maintenance or brings up and nurtures the chills in a manner detrimental to its development.
(2) Adoption without parental consent shall be granted also in case the child is accommodated at a specialized institution and the parent has not requested discontinuation of the accommodation or change of the measure and return or accommodation of the child in a family of kin or relatives pursuant to the provisions of the Child Protection Act without any cogent reason for six months since the date of administrative accommodation under the Child Protection Act. This request may be filed also in the judicial accommodation proceedings pursuant to the provisions of the Child Protection Act.
(3) In the cases under paragraph 1, the parent shall be summoned to be heard in court.
Adoption Board
Article 94. (1) The Adoption Board shall be established at the Regional Social Welfare Directorate.
(2) The director of the Regional Social Welfare Directorate shall serve as chairperson of the Adoption Board. Members of the Board shall be as follows: a lawyer designated by the Regional Governor, a physician designated by the director of the Regional Health Centre, a pedagogue designated by the head of the Regional Inspectorate for Education, a psychologist designated by the director of the Social Welfare Directorate at the current place of residence of the child, as well as the head of the specialized institution where the child is accommodated.
(3) The authorities under paragraph 2 shall designated also permanent alternates to the Board members.
(4) The Board shall hold weekly meetings.
(5) The Board shall make decisions by show of hands and by a majority of at least two-thirds of the membership.
(6) (Amended, SG No. 74/2009, effective 1.10.2009) The Minister of Labour and Social Policy shall issue rules of the Board under paragraph 1 in consultation with the Minister of Health, the Minister of Education, Youth and Science and the Minister of Justice.
(7) The chairperson and the members of the Adoption Board shall receive remuneration in an amount determined by the Minister of Labour and Social Policy for their participation in each Board meeting.
Selection of a Full Adoptive Parent
Article 95. (1) Within a month from the entry of the child into the register, the Adoption Board shall select suitable adoptive parents for the child, depending on the sequence of their registration, their preferences and the circumstances relevant to the best interests of the child.
(2) Beyond the cases under paragraph 1, the Adoption Board may select as a suitable adoptive parent of the child a person acting as foster family provided the latter is entered into the register under Article 85 and has taken care of the child for at least a year after its accommodation with the foster family.
(3) The Regional Social Welfare Directorate shall notify in writing the top selected suitable adoptive parent of its decision under paragraph 1 and provide the details of the child. The Social Welfare Directorate at the current place of residence of the child shall provide assistance for the establishment of personal contact.
(4) In the cases under paragraph 2, the Regional Social Welfare Directorate shall notify the adoptive parent in writing.
(5) The adoptive parent may file a petition for adoption to the court through the Regional Social Welfare Directorate within a month of reception of the notification. The Directorate shall refer the petition for adoption together with the file to the court within three days of reception of the petition.
(6) Where the notified adoptive parent rejects the proposal in writing or fails to file a petition within the time limit under paragraph 5, the Regional Social Welfare Directorate shall notify the next suitable adoptive parent.
(7) The rejection or failure to file a petition within the time limits under paragraph 5 shall be noted in the National Register of Full Adoptive Parents.
Jurisdiction
Article 96. (1) The petition for full adoption shall be filed by the adoptive parent through the Regional Social Welfare Directorate whose Adoption Board has selected the adoptive parent to the regional court at the location of the regional directorate.
(2) A petition for full adoption under Article 82, paragraphs 2 and 3 may be filed by the adoptive parent, the parents of the prospective adopted child or by the prospective adopted child provided the latter is fourteen years of age or above through the respective Regional Social Welfare Directorate to the regional court at the place of permanent residence of the petitioner.
(3) A petition for limited adoption shall be filed by the adoptive parent to the regional court at the place of permanent residence of the petitioner.
Judgment on the Petition for Adoption
Article 97. (1) The regional court shall examine the petition for adoption in an open session held in camera within 14 days of reception of the petition. In cases of full adoption, the court shall hear the report of the Social Welfare Directorate and collect evidence pursuant to the provisions of the Code of Civil Procedure. The court shall hear the conclusion of the public prosecutor and rule a judgment with reasons attached thereof.
(2) Adoption shall be granted provided it is in the best interests of the adopted child.
(3) The judgment shall be announced in court session and, after it becomes enforceable, the judgment shall be sent ex officio to the municipality at the place of permanent residence of the adoptive parent and to the Social Welfare Agency or, where the adoptive parent is a foreign national, to the City of Sofia and to the Ministry of Justice.
Appeal of Judgment
Article 98. (1) The judgment under Article 97, paragraph 1 may be appealed by the adoptive parent, by the parents of the adopted child, except for the cases under Article 93, paragraph 2, by the adopted child and by the public prosecutor before the court of appeal within 14 days of communication of the judgment. Where it is fourteen years of age or above, the adopted child may appeal against the judgment in person.
(2) Within 14 days of reception of the appeal, the court shall hear the case in an open session held in camera and rule the final judgment.
Scope of Provisions
Article 99. The provisions of Articles 77 to 98 shall apply also to the adoption of a child with habitual residence in the Republic of Bulgaria, as well as adoption by a foreign national with habitual residence in the Republic of Bulgaria.
Section III
Effects of Adoption
Types of Adoption
Article 100. (1) Adoption may be either full or limited.
(2) Full adoption shall be granted in any of the following cases:
1. the adopted person is a child of unknown parentage;
2. the parents have given their consent with full adoption in advance;
3. in the case under Article 93, paragraph 2.
(3) In all other cases, adoption may be either full or limited. The type of adoption shall be determined by the persons whose consent is required under Article 89.
Full Adoption
Article 101. (1) In case of full adoption, the rights and obligations arising between the adopted child and its descendants, onof the one part, and the adoptive parent and his kin and relatives, onof the other part shall be tantamount to those between kin by origin, while the rights and obligations between the adopted child and its descendants and its kin by origin shall be terminated. The impediments to marriage due to kinship under Article 7, paragraph 2, subparagraphs 1 and 2 shall be retained.
(2) The court shall rule on the issuance of a new birth certificate in which the adoptive parent shall be specified as the parent. The birth certificate shall be issued by the registrar at the municipality, mayoralty or ward at the place of permanent residence of the adoptive parent or at the place ruled by the court where the adoptive parents are two.
Limited Adoption
Article 102. (1) In case of limited adoption, rights and obligations identical to those between kin by origin shall arise only between the adopted child and its descendants, of the one part, and the adoptive parent, of the other part shall be tantamount to those between kin by origin, while the rights and obligations between the adopted child and its descendants and its kin by origin shall be retained. The parental rights and obligations shall be transferred to the adoptive parent.
(2) The parents by birth shall owe maintenance, where the adoptive parent is not in a position to provide it. Parents by birth shall not be heirs to the adopted child.
Adoption by the Spouse of a Parent
Article 103. (1) Where a child is adopted by the spouse of a parent, the rights and obligations arising between this parent and his kin and relatives, onof the one part, and the adopted child and its descendants, onof the other part, shall be retained.
(2) In the case under paragraph 1, the existing birth certificate shall feature the details of the adoptive parent, alongside with the details of the parent by birth with whom relations are retained.
Post-adoption Monitoring
Article 104. The Social Welfare Directorate at the current place of residence of the adoptive parent shall monitor the upbringing of the child and the respect for its rights and legitimate interests in the course of two years.
Right to Information
Article 105. Adoptive parents shall have the right to obtain information about the origin of the child from the Social Welfare Directorate provided there exist compelling reasons to do so. In case compelling reasons warrant it, the person aged sixteen or above shall be entitled to the same right.
Section IV
Termination of Adoption
Termination Grounds
Article 106. (1) The regional court shall terminate the adoption in any of the following cases:
1. need for annulment due to violation of Article 77, paragraph 1, Articles 78, Article 79, Article 80, paragraphs 1 and 2, first sentence, Article 81, Article 82, paragraph 1, subparagraphs 1, 2 and 4 and paragraphs 2 and 3;
2. serious fault of either party or existence of other circumstances which lead to deep breakdown of the relations between the adoptive parent and the adopted person.
(2) A petition for annulment of adoption due to violation of Article 89, paragraph 1, subparagraphs 1, 2 and 4 may be filed by the person who has not given his or her consent within a one-year time limit prescribed for the adoptive parent and each parent of the adopted child as from the time of becoming aware of the adoption. The time limit for the adopted person shall commence on the date of coming of age or becoming aware of the adoption, whichever is later. The same rule shall apply also to the person whose consent has been given due to mistake or fraud or under duress or in violation of Article 89, paragraph 2.
(3) A petition for annulment of adoption due to violation of Article 82, paragraph 1, subparagraph 1 may be filed by the adoptive parent, the adopted child and either parent of the adopted child within a year of the granting of the adoption.
(4) In all other cases of need for annulment, termination may be requested by the adoptive parent, the adopted child and either parent of the adopted child until the adopted child comes of age.
(5) In the cases under paragraph 1, subparagraph 2, termination of the adoption may be requested by the adoptive parent and the adopted child.
(6) The public prosecutor shall be entitled to request termination of adoption within the time limits under paragraphs 3 and 4 in cases of infringement of public interests.
(7) The Social Welfare Directorate shall be entitled to request termination of adoption within the time limits under paragraphs 3 and 4 but not later than the time of the adopted child coming of age, where the adoption contravenes its best interests.
(8) Adoption may be terminated by the district court at the mutual consent of the adoptive parent and the adopted person provided both have legal competence.
Termination of Adoption upon Death
Article 107. (1) In cases of full adoption, the court may terminate the adoption at the request of the adopted child, his or her parents, the custodian, the guardian or the Social Welfare Directorate, where either or both adoptive parents are deceased, the adopted child is a minor and its best interests warrant it.
(2) In cases of limited adoption, adoption shall be terminated upon the death of the adoptive parent or upon the death of the adopted person who has left no descendants but the survivor shall inherit the deceased.
Continuation of Proceedings for Termination of Adoption
Article 108. Where the adoptive parent or the prospective adopted child dies during the proceedings for termination of adoption under Article 106, paragraph 1, the proceedings may be continued by the heirs of the petitioner. Where the court grants the petition, the surviving adoptive parent or adopted child at fault shall not inherit the deceased.
Effects of Termination
Article 109. The effects of adoption shall discontinue upon its termination.
Section V
Special Rules for Intercountry Adoption
Adopted Child
Article 110. (1) A child habitually resident in the Republic of Bulgaria may be adopted by a person habitually resident abroad if all possibilities for domestic adoption have been exhausted and the child is entered into the register under Article 113, paragraph 1, subparagraph 1, except for the cases under Article 82, paragraph 2.
(2) The adoption of a child who is a Bulgarian citizen habitually resident in other State shall be carried out, while observing the requirements of the legislation of this State.
Adoptive Parent
Article 111. (1) A person habitually resident abroad may adopt a child habitually resident in the Republic of Bulgaria if this person is entered into the register under Article 113, paragraph 1, subparagraph 2, except for the cases under Article 82, paragraph 2.
(2) A person under paragraph 1 may not adopt a child habitually resident in the Republic of Bulgaria if he or she is habitually resident in a State, which will not recognize the judgment of the Bulgarian court on the adoption.
Powers of the Minister of Justice
Article 112. (1) The Ministry of Justice shall perform the functions of a Central Authority under the Convention on Protection of Children and Cooperation in respect of Intercountry Adoption drawn up in the Hague on 29 May 1993 (ratified by law - State Gazette, No. 16 of 2002) (SG, No. 78 of 2002), hereinafter referred to as "the Hague Convention".
(2) The Minister of Justice shall:
1. perform the activities related to intercountry adoption;
2. supervise the activities of accredited intermediary bodies in intercountry adoption;
3. issue regulations on the procedures for keeping intercountry adoption registers.
(3) Where a child habitually resident in the Republic of Bulgaria is adopted in accordance with the Hague Convention, the Minister of Justice shall certify this fact.
(4) The Minister of Justice shall give opinion on the cases under Article 110, paragraph 2, where the legislation of the State in which the child is habitually resident requires a ruling by the Bulgarian Central Authority on intercountry adoption.
(5) Where violation of the rights and legitimate interests of the adopted child is observed within two years of granting adoption, the Minister of Justice shall notify the Competent Authority of the State in which the adoptive parent is habitually resident.
(6) Where no suitable adoptive parents are entered into the register, the Intercountry Adoption Board cannot select suitable registered adoptive parents or the selected adoptive parents have failed to adopt a child with health problems, special needs or above the age of seven, the Minister of Justice shall undertake the measures laid down in the regulation under Article 113, paragraph 4.
Intercountry Adoption Registers
Article 113. (1) The Ministry of Justice shall keep:
1. a register of children adoptable by persons habitually resident abroad on full adoption basis;
2. a register of adoptive parents habitually resident abroad who are willing to adopt a child habitually resident in the Republic of Bulgaria on full adoption basis;
3. a register of adoptive parents permanently resident in the Republic of Bulgaria who are willing to adopt a child habitually resident abroad;
4. a public register of accredited intermediary bodies in intercountry adoption.
(2) The Adoption Board under Article 94 shall notify the Intercountry Adoption Board on the entry of a child in the register of children if at least three adoptive parents were selected for the child pursuant to the provisions of Article 95 and none has filed a petition for adoption or where no suitable adoptive parent can be selected in spite of all efforts.
(3) The entry of the child into the register under paragraph 1, subparagraph 1 shall be noted in the regional register, providing no obstacle for the respective Adoption Board to select a suitable adoptive parent.
(4) The content and procedure of keeping the registers under paragraph 1 shall be set out in a regulation of the Minister of Justice.
Intercountry Adoption Board
Article 114. (1) (Amended, SG No. 74/2009, effective 1.10.2009) The Intercountry Adoption Board shall be established at the Ministry of Justice, consisting of a chairperson who is Deputy Minister of Justice and members who represent the Ministry of Justice, the Ministry of Health, the Ministry of Education, youth and Science, the Ministry of Labour and Social Policy, the Ministry of Foreign Affairs and the State Child Protection Agency each.
(2) The chairperson and each member shall have alternates.
(3) The Board shall hold at least three meetings monthly.
(4) The Board shall make decisions by show of hands and by a majority of at least two-thirds of the membership.
(5) The Minister of Justice shall designate the members of the Board under paragraphs 1 and 2 by name at the proposal of the heads of the respective institutions and issue rules for its activity.
(6) The chairperson and the members of the Intercountry Adoption Board shall receive remuneration in an amount determined by the Minister of Justice for their participation in each Board meeting.
(7) Within 60 days of the entry of the children into the register, the Intercountry Adoption Board shall examine the candidates to select a suitable adoptive parent, while observing the criteria under Article 95, paragraph 1.
(8) The Board shall examine all eligible candidates to select a suitable adoptive parent.
Competence of the Intercountry Adoption Board
Article 115. The Intercountry Adoption Board shall:
1. make a proposal to the Minister of Justice on the selection of a suitable adoptive parent;
2. express an opinion before the Minister of Justice on the petitions of persons habitually resident in the Republic of Bulgaria for adoption of a child habitually resident abroad;
3. make proposals to the Minister of Justice on the issuance of licencses under Article 121;
4. express opinions and give recommendations to the Minister of Justice with respect to intercountry adoption;
5. make a proposal to the Minister of Justice on the withdrawal of the license licence of an accredited body.
Intermediation in Intercountry Adoption
Article 116. (1) Intermediation in intercountry adoption may be carried out by a legal entity pursuing non-profit objectives in public interest, hereinafter referred to as "an accredited body" entered into the Central Register under Article 45, paragraph 1 of the Non-profit Legal Persons Act and licensed for this purpose by the Minister of Justice.
(2) A foreign non-profit legal entity accredited to serve as an intermediary in respect of intercountry adoption by a foreign authority may perform its tasks in the Republic of Bulgaria only on the basis of a licencse issued by the Minister of Justice for intermediation with the respective State.
(3) The Minister of Justice shall issue a regulation on the procedures for the issuance and withdrawal of licencses and on the activities of accredited bodies, including their termination.
Consent of the Minister of Justice
Article 117. (1) The Minister of Justice shall give his or her consent with the adoption of a child habitually resident in the Republic of Bulgaria by the adoptive parent proposed by the Intercountry Adoption Board.
(2) The Minister of Justice shall refuse to give his or her consent in any of the following cases:
1. establishment of circumstances which are not in the best interests of the child;
2. material violations in the adoption proceedings.
(3) In the cases under paragraph 2, the Intercountry Adoption Board shall make a new proposal.
(4) A fee shall be charged for giving consent with the adoption at rates approved by the Council of Ministers.
Proceedings on the basis of Petitions for Intercountry Adoption
Article 118. (1) Where consent is given under Article 117, the Ministry of Justice shall refer the petition for adoption to the Sofia City Court. Proceedings shall take place pursuant to the provisions of Article 97.
(2) The judgment under paragraph 1 may be appealed by the adoptive parent, by the parents of the adopted child, except for the cases under Article 93, paragraph 2, by the adopted child and by the public prosecutor before The Sofia Court of Appeal within 14 days of notification of the judgment. Where the adopted child is fourteen years of age or above, he or she may appeal in person. The case shall be judged within the time limits and pursuant to the provisions of Article 98, paragraph 2.
Termination of Intercountry Adoption
Article 119. (1) The Minister of Justice shall be entitled to request termination of adoption, where the grounds under Article 106, paragraphs 1 and 7 exist and within the time limits prescribed therein.
(2) The Minister of Justice shall file a petition to terminate the adoption in case the judgment of the Bulgarian court on its granting is not recognized by the receiving State.
Data Protection
Article 120. The Minister of Justice shall take measures to ensure personal data protection.
License for Intermediation
Article 121. (1) An application shall be filed with the Minister of Justice for the issuance of a license for intermediation in intercountry adoption.
(2) The validity of the license shall be five years.
(3) A fee shall be charged for the examination of an application for a license at rates approved by the Council of Ministers.
(4) A licence shall be withdrawn at a proposal of the Intercountry Adoption Board with reasons attached thereof.