Case n. 5
– 2 (Mediation procedures concerning
foster care – adoption)
A married couple came without a notice to
appear to the Local Authority of
Jihlava, the Department of Social Affairs, the Department of Social and Legal
Protection of Children to ask you for providing the necessary
information to the situation, which they got in.
The marriage was closed 6 years ago, and at the time of the conclusion of the marriage, they decided
to start a family. A year ago, doctors have ruled
out the
possibility of pregnancy. The married couple
asked for adoption. They have been
included into the register of applicants
for foster education by the Regional
Authority.
The
married couple asked for information concerning other mediation procedures concerning adoption. Their permanent residence is at Kamenice u Jihlavy 573.
Task:
Focus on
the further process of mediation procedures concerning foster care
– adoption.
Key words and phrases to be solved:
-
The Municipal Authority of Jihlava
(preferably local authority)
-
The Department of Social and Legal
Protection of Children
-
Married
couple
-
Marriage
was closed 6 years ago
-
Doctors
ruled out the possibility of pregnancy a year ago
-
The
spouses applied for adoption
-
The
Regional Authority included them into the register of applicants for adoption
-
Next
steps in arranging of an adoption
-
The
spouses are registered for permanent residence at Kamenice u Jihlavy 573
Solution:
After
inclusion into the
register of applicants for
adoption, the couple will wait, until they are contacted by the Regional Authority
after a meeting
of the Regional Advisory Body, for the statement, which child has been selected for their adoption. The Regional Authority shall inform them about
the personal data
of the child and
where he or she is currently
located. Applicants
can then meet the child and learn
the basic anamnestic data and
the actual health condition and development
level (based
on the examination
of a paedopsychologist).
If they decide to
take the child to custody, they must first ask for entrusting the child to the care of adoptive parents
(so-called “pre-adoption care”) at the municipal office of the
3rd type.
This takes at least 3 months and during this time period social workers find out in social surveys, whether
there has been a
relationship to the family
established and how
the applicants provide the child's upbringing.
("Pre-adoption
care")
After 3 months, the applicants may submit a proposal
for the adoption of a minor child at the District Court. The proposal is
submitted by the District Court in
Jihlava in quadruplicate. One is
intended to the guardianship file of
a minor child and other to the participants
– the mother, father and a minor child represented by a guardian
automatically appointed by law by the court – usually the Municipal Authority
of Jihlava – the Department of Social and Legal Protection of Children.
(initiate guardianship proceedings)
After the appointment of a guardian, the court may initiate evidence proceedings. In the
framework, applicants for adoption are
mainly heard and asked for the amount of income report (including
benefits from the social security system) and the financial condition report, the actual health condition and a listing
from their criminal records. After the burden of proceedings, the court gives its judgment. (course
management)
After the judgment comes into force, parental responsibility is fully passed to
adoptive parents. The child bears their name and the registry office, which
issued the birth certificate of the minor child, modifies data in the book of birth and issues a new birth certificate, which lists
adoptive parents instead of the biologic mother and father. Adoption creates
bonds, as in the biological family.
Key words and phrases to
be solved:
-
Regional Advisory Body
-
Which device the minor child is currently
located in
-
Basic anamnestic data
-
The actual health condition and development
level
-
First, the child has to be in the care of the
future adoptive parents
-
"Pre-adoption care" takes at least 3
months
-
Social inquiry
-
The District Court
-
In 4 copies
-
Participants – applicants for adoption and a
minor child represented by a guardian
-
The burden of proof
-
Examination of applicants for adoption
-
Amount of income and financial condition
report
-
Listing from the criminal record
-
The court gives its judgment
-
Parental responsibility is fully passed to
adoptive parents
-
Change in the book of birth
-
A new birth certificate
The case is based on the following legislation:
Material:
The Family Act (94/1963 Coll., As amended)
The law on social and legal protection of children
(359/1999 Coll., As amended)
Process:
The Law on Administrative Proceedings - Administrative
Regulations (500/2004 Coll., As amended)
Civil Procedure (99/1963 Coll., As amended)
The article is about the way how adopt child. The married couple which wants to adopt child. They have been included into the register and ask for information. Over 3 months they were tested to health and mental condition and social situation. After 3 months may submit a proposal for the adoption of a child at the District Court.
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