Adoption of Albanian minors by foreigners was previously governed by law No 7650 dated 17 December 1992 ‘On adoption of minors by foreign citizens’, Family Code dated 29 June 1982 and provisions of the Civil Procedure Code.

Subsequent to the numerous changes in the Albanian legal framework, the legislator adopted a new Family Code on 8 May 2003.

Adoption of Albanian minors by foreigners is also regulated by the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption signed on 29 May 1993, and entered into force in Albania on 1 January 2001. This convention is applicable in cases when a child habitually residing in one Contracting State (‘the State of origin’) has been, is being, or will be moved to another Contracting State (‘the receiving State’) either following adoption in the State of origin by spouses or a person habitually resident in the receiving State, or in order to proceed to the adoption in the receiving State or in the State of origin. The convention covers only adoptions, which create a permanent parent-child relationship.

According to article 241 of the abovementioned Code, only minors are subject to adoption. The limit of minors’ aged between 0-14 years is no longer valid. The adoptive parent shall have at least an age difference of 18 years with the minor. In the event, the child of the husband/wife is adopted, the difference of age shall be not less than 15 years.

Foreign citizens who wish to adopt Albanian minors shall present a request to the Albanian Committee for Adoption, a central independent institution. This request shall be submitted to the Committee on behalf of the applicant through an authorised foreign private/public agency. Foreign citizens residing in Albania for a two-year period have the right to submit the request to this Committee without any intermediary.

The Committee prepares a list of Albanian minors eligible for adoption. During the examination of the documentation, the Committee shall require the consent of the biological parents or, in case the minor is declared abandoned by Court Order, the consent of the institution where the minor resides.

District Courts can declare as abandoned: (i) minors residing in social care institutions, (public or private); (ii) minors under responsibility of a third person; (iii) minors whose biological parents haven’t demonstrated any interest throughout a one-year period prior to the presentation of the request for declaration of the abandonment. This term is limited to three months in the event the minor lives in an institution from the day of his/her birth. Parents who have not made any effort to establish emotional/affectionate relations with the child, have shown strong incompetence in demonstrating their parental responsibility, shall be considered as not showing any interest for the minor.

The court may request whether any efforts have been made to find the biological parents and to determine the possibility of minor’s return to the biological family. The court cannot declare the minor abandoned if, during the period indicated above, a member of the family has undertaken to take care of the child until adulthood and this request has been considered compliant with the minor’s interest.

The file including the application of the adoptive parent, (whether individuals or married couples) shall be presented to the Court of First Instance of the jurisdiction under which the minor resides, provided that the minor is not adopted in Albania within six months from the date of inscription to the Committees’ list. Courts of First Instance are the only authority to decide on the adoption.

The new Family Code has also introduced new provisions concerning biological parents. Thus, biological parents now have the possibility to revoke their consent during the period of three months from the date of their consent. The whole documentation shall be translated into Albanian and shall be subject to legalisation.

The Family Code does not contain any provision concerning the duration of adoption procedures. It depends on the file presented to the Albanian Committee for Adoption by the authorised foreign public or private agencies.

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RENATA LEKA	ORGITA MILO
Boga & Associates	Boga & Associates
Mail: leka@bogalaw.com	Mail: milo@bogalaw.com
Tel: 00355 4 251050	Tel: 00355 4 251050
Fax: 00355 4 251055	Fax: 00355 4 251055