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Civil Procedure Law Chapter 32 Approval

Chapter 32
Approval and abolition of adoption

Section 259. Jurisdiction

(1) An application regarding approval of an adoption shall be submitted to a court according to the declared place of residence of the adopter, but if none, according to the place of residence of the adopter, but an application to set aside an adoption – to a court according to the declared place of residence of one applicant, but if none, according to the place of residence of the applicant.
(2) An application from an alien or a person living in a foreign state regarding approval of an adoption shall be submitted to a court according to the declared place of residence of the adoptee, but if the adoptee is under extrafamilial care, according to address of the place where extrafamilial care is provided.
[31 October 2002; 19 June 2003; 29 November 2012]

Section 260. Contents of an Application

There shall be set out in an application the facts referred to in Sections 162-169 of The Civil Law, appended to the application evidence corroborating such facts and the opinion of the Orphan's Court.
[31 October 2002]

Section 261. Adjudication of an Application

(1) The matter shall be adjudicated with the participation of at least one of the adopters in person and the public prosecutor.
(2) The persons set out in Section 169 of The Civil Law shall be summoned to the adjudicating of the matter.
(3) Upon the request of the adopter the court shall ensure that the parents of the child to be adopted do not find out the identity of the adopter. If it is not possible, the parents of the adoptee shall be heard in a separate court sitting.
(4) If up to the approval of the court of the adoption the adopter dies, this is not an impediment to the approval of the adoption, but if the adoptee dies before approval, then the matter shall be terminated.
[31 October 2002; 19 June 2003]

Section 262. Court Judgment Regarding Approval of the Adoption

(1) The court, having examined the basis of the application and whether it conforms to the requirements of the law, shall render a judgment regarding approval of the adoption or dismissal of the application.
(2) In a court judgment approving of an adoption there shall be set out such information as is necessary to make an entry in the appropriate Births Register.
(3) The court shall issue to the former parents of the child an extract of the judgment in which information regarding the adopter is not indicated.
(4) A judgment approving an adoption, which has entered into lawful effect, shall constitute a basis for making an entry in the appropriate Births Register and for issuing a new birth certificate to the adoptee.
[20 June 2001; 31 October 2002]

Section 263. Setting Aside an Adoption

(1) The court may set aside an adoption pursuant to a joint application by the adopter and an adoptee who has attained legal age.
(2) A court judgment, regarding the setting aside of an adoption, which has entered into lawful effect, shall constitute a basis for making an entry in the appropriate Births Register and for issuing a new birth certificate.
[31 October 2002; 7 September 2006]