To support the viability of intercountry adoption as a permanency option for children in Moldova, the Office of Children’s Issues and the U.S. Embassy in Chisinau sought information from the Moldovan Central Authority regarding its legal requirements for the authorization of adoption service providers (ASP), pursuant to Article 12 of the Hague Adoption Convention.
The Moldovan Central Authority confirmed that Law no. 99, which went into effect on May 9, 2010, addresses intercountry adoption procedures and the requirements for the authorization of foreign organizations. Article 9 of Chapter 2 pertains to foreign authorization. See English translation below.
ASPs with questions about the information below or about pursuing authorization in Moldova should contact the Moldovan Central Authority, attention Anastasia Gruzin, anastasia.gruzin@msmps.gov.md.
Chapter 2
PROCEDURE FOR ACCREDITATION AND FUNCTIONING OF FOREIGN ORGANIZATIONS WITH DUTIES IN THE FIELD OF INTERNATIONAL ADOPTION
Article 9.1. The documents required for accreditation in Republic of Moldova of foreign organizations with duties in the field of international adoption
(1) Accreditation in the Republic of Moldova of foreign organizations with duties in the field of international adoption is based on the following documents and information:
1) documents (licenses, authorizations, and certificates) issued by the competent authorities of the receiving State, confirming the right of the foreign organization to operate in the field of international adoption, including on the territory of the Republic of Moldova, if the legislation of the receiving State provides for such a procedure, as well as documents confirming that the organization meets the qualification criteria necessary to operate under the provisions of the Hague Convention, where the receiving State is a party to this Convention;
2) the status and structure of the organization in the receiving State;
3) documents attesting to the qualification of the staff of the organization operating in the territory of the receiving State and confirming its experience working in the field of international adoption;
4) the history of the organization’s work in the field of international adoptions, the description of cooperation and assistance programs in the field of child rights protection implemented in the receiving State and in the states of origin;
5) information on the number of children adopted in the last 10 years through the international adoption procedure, specifying the number of children with special needs;
6) information on the methodology for working in the field of international adoption in the territory of the receiving State, including a detailed description of the steps the applicant is taking:
(a) submission and examination of the application;
(b) criteria for multilateral evaluation of adopters (psycho-emotional state, health, material situation and living conditions, social environment);
(c) the procedure and program for the training of adopters; assistance to adopted children adoptive parents during the post-adoption period;
7) information on any warnings, suspensions or withdrawals of accreditation/authorization in the receiving State or other States in which the organization operates or has operated, and their reasons, or the written declaration, on their own responsibility, of their absence;
8) the file of the person proposed to act as a representative of the foreign organization in the Republic of Moldova for carrying out the international adoption procedure, which must contain:
(a) the copy of the identity document;
(b) the copy of the diploma of higher education in the field of social assistance, psychology, pedagogy, sociology, medicine or law;
(c) Curriculum Vitae;
(d) a copy of the work permit or other documents attesting to the work carried out and professional experience;
(e) criminal record;
(f) a copy of certificates attesting to training in the field of the protection of the rights of the child, including in the field of adoption;
(g) the medical certificate on the health status of the person;
9) the document confirming the mandate of the proposed person to act as a representative of the foreign organization in the Republic of Moldova for the implementation of the international adoption procedure, issued by the organization concerned.
(2) All documents submitted for accreditation shall be translated into the state language and certified.
(3) Only persons who have citizenship of the Republic of Moldova residing on its territory may act as representatives of foreign organizations.
Article 9.2. Deadline for accreditation and extension of accreditation in the Republic of Moldova of foreign organizations in the field of international adoption
(1) The application for accreditation accompanied by the documents referred to in Article 9.1 submitted to the central authority by 31 January of the current year.
(2) The application for an extension of accreditation, accompanied by the activity report for the previous year drawn up in accordance with paragraph 1, shall be submitted to the Commission in accordance with the procedure laid down in Article 18. (3), translated into the state language and legalized, shall be presented to the central authority by the accredited foreign organization by 15 February.
(3) The activity report for the previous year shall contain information on:
1) the activity of the foreign organization in the field of international adoption for the previous year in the receiving state and in the Republic of Moldova, including information on:
(a) the number of international adoptions carried out;
(b) the profile of adopted children, the programs implemented for the preparation of adopters;
(c) assistance to adopted children and adoptive parents in the adoption process and in the post-adoption period;
(d) cooperation programs in the field of the promotion of the rights of the child;
2) the costs of each international adoption carried out on the territory of the Republic of Moldova, deciphering the amounts paid by the adopters, directly or indirectly, to the foreign organization, authorities, institutions and service providers of the receiving state, as well as the amounts paid to the representative of the foreign organization in the Republic of Moldova, to the authorities, institutions and service providers of the Republic of Moldova in the adoption process, including the cost of the medical examination of the adoptable child , travel and stay costs in the Republic of Moldova, fees to cover the operational costs of the foreign organization, fees for the services of the representative in the Republic of Moldova.
(4) Applications for accreditation or extension of the accreditation of foreign organizations shall be examined by the central authority by 1 March.
(5) In the event of an extension of accreditation, the appropriate indication shall be made in the accreditation certificate.
(5.1) The accreditation certificate obtained under the terms of this Law shall be valid for one year from the date of the last registration on the extension of the accreditation.
(6) In case of termination of the contract with the representative of the foreign organization in the Republic of Moldova, the foreign organization is obliged to inform the central authority of the Republic of Moldova within 3 working days.
(7) During the period when the foreign organization does not have a representative employed on the territory of the Republic of Moldova, the international adoption procedures under way through the foreign organization concerned shall be suspended until a new representative is hired in accordance with the procedure in force.
(8) In the event of a change of the representative of the foreign organization to the Republic of Moldova, the dossier referred to in Article 91 (1) (a) and (b) of Regulation (EEC) No 2081/92 shall be submitted to the Commission in accordance with the procedure laid down in Article 14 of Regulation (1) point 8) shall be examined, within 3 working days, by the central authority of the Republic of Moldova.
Article 9.3. Suspension of accreditation in the Republic of Moldova of foreign organizations with duties in the field of international adoption
The central authority shall suspend the accreditation of the foreign organization with international adoption responsibilities in the following cases:
(a) the submission of activity reports without complying with the requirements laid down;
(b) submission of false reports or information on the international adoption of children domiciled in the Republic of Moldova;
(c) referral to law enforcement or financial control bodies;
(d) the initiation of a criminal prosecution in respect of the foreign organization;
(e) at the request of the central authority responsible for international adoption in the receiving State.
Article 9.4 Cancellation of accreditation in the Republic of Moldova of organizations foreign nationals with duties in the field of international adoption
The central authority shall request the court to annul the accreditation of the foreign organization with powers in the field of international adoption in the following cases:
(a) failure to submit the activity report for the previous year until 31 January, in accordance with Article 92 paragraph 1 shall be replaced by the (2);
(b) withdrawal of the accreditation of the foreign organization by the competent authorities of the receiving State;
(c) reorganization and/or modification of the status of the foreign organization, if this leads to a breach of accreditation conditions;
(d) failure to submit post-adoption evaluation reports in accordance with the provisions of this Law.
