Proposition 53K1730

Projet de loi visant à permettre la régularisation des procédures d'adoption réalisées à l'étranger par des personnes résidant habituellement en Belgique.

General information ¶

Authors

LE Christian Brotcorne, Catherine Fonck

Submission date

Sept. 8, 2011

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

adoption of a child

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP ∉ Open Vld N-VA LDD MR VB

Contact form ¶

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Discussion ¶

March 1, 2012 | Plenary session (Chamber of representatives)

Full source

I will refer to the written report.

Thank you very much, Mrs.

Mr. Speaker, Mr. Speaker, Mr. Speaker, I will not be too long. First of all, I would like to welcome all the work done by parliamentarians in committees and by the various adoption services, at the level of the federal central authority, the community central authorities and the SPF Justice.

This proposal will address absurd and quite dramatic situations on the human level, experienced by parents who, not wanting to bypass legislation, have welcomed and adopted children in a strictly legal manner in their country of origin.

While these children are now separated from their parents, it seems to me important to allow, under conditions, the recognition in Belgium of those adoption procedures that have been legally established abroad.

I am not referring to the various cumulative conditions provided in the text. We discussed this in the committee a long time. Since the new legislation of 1 September 2005, there have been 2,865 international adoptions in Belgium and 452 refusals of recognition of adoptions made abroad.

These 452 adoptions refused will obviously not fall within the scope of this legislative change. On the other hand, for some of them which have not been carried out in order to circumvent the law, a recognition procedure may be initiated, resulting in the recognition of the adoption and establishing the filiation between the child and the parents.

Together with my colleague, Christian Brotcorne, we have made this a priority at the CDH. This was primarily to respond to the call of many concerned parents. This prompted us to continue to seek a solution. Dear colleagues, I thank you for being willing to respond to these parents and, above all, to those families who were in major difficulties.

I will not repeat everything that has been said in the committee. In 2003, the adoption legislation was amended in the best interests of the child. Adoptive parents must then – and rightly – go through a whole procedure in the best interests of the child before they can adopt a child in those specific circumstances. This proposal aims to provide a solution in a specific number of situations.

N-VA will, as in the committee, support this bill because it specifically deals with those situations. The bill has five conditions that must be fulfilled cumulatively in order for this type of adoption to take place. These five conditions are well formulated so that this exceptional situation contained in this legislation cannot be abused. The best interests of the child remain and will continue to prevail in this legislation. N-VA supports this bill.

Mr. Speaker, I will intervene briefly. CD&V supports this proposal. However, it is not intended to open the door for regularisations but to allow adoption in the best interests of the child in very specific and exceptional circumstances.