32 Amendments of Daniel BUDA related to 2015/2086(INL)
Amendment 3 #
Motion for a resolution
Citation 3
Citation 3
– having regard to Article 21 of the UN Convention on the Rights of the Child, and in particular Article 21 thereof,
Amendment 15 #
Motion for a resolution
Recital A
Recital A
A. whereas in the area of adoption, the basic principle must always be that any decision should be taken in the interest of the child and with respect for his or her fundamental rights, in accordance with the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption;
Amendment 25 #
Motion for a resolution
Recital B
Recital B
B. whereas the purpose of adoption is not to give adults the right to a child, but to give the child a loving and caring environment to grow up and develop in and one which focuses on the child’s education while taking into account his or her ethnic, religious, cultural and linguistic background and the legal requirements applicable to contracting marriage in the child’s Member State of origin;
Amendment 41 #
Motion for a resolution
Recital D
Recital D
D. whereas adoption proceedings should never commence before any decision withdrawing parental authority from the biological parents is final, and the latter have been given the opportunity to exhaust all legal means and remedies against that decision;
Amendment 43 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the implementation of adoption procedures with cross-border aspects must reflect all the requirements pertaining to the state of origin, such as assessing whether it is possible to place the child in his or her state of origin, a priority analysis and adoption of appropriate measures that would enable the child to remain in his or her family of origin, effective analysis and assessment of the decision under which international adoptions must be in the best interests of the child, verifying that consent for adoption was given freely and in full knowledge of the facts, in the correct legal forms, and granted or recorded in writing;
Amendment 45 #
Motion for a resolution
Recital E
Recital E
E. whereas compliance with Article 21 of the UN Convention on the Rights of the Child, which all Member States have ratified, is of the utmost importanceand above all with Article 21 of that Convention, is of the utmost importance if not to say essential in the process of adoption in a cross-border context;
Amendment 49 #
Motion for a resolution
Recital F
Recital F
F. whereas more in-depth assessments and analyses should be conducted and more work should be done in order to prevent prospective parents interested in adoption from being exploited by unscrupulous intermediary organisations; and whereas in-depth analysis should also be conducted of the way in which the consent of the state of origin has been obtained, in order to ensure this is not in exchange for a payment or quid pro quo of any kind;
Amendment 58 #
Motion for a resolution
Recital I
Recital I
I. whereas, under the Hague Convention, recognition may be refused only if the adoption is manifestly contrary to the public policy of the state concerned, bearing in mind the best interests of the child;
Amendment 71 #
Motion for a resolution
Recital K
Recital K
K. whereas citizens still do not havenjoy appropriate access to comprehensive information on the legal and procedural aspects of domestic adoption in Member States,
Amendment 75 #
Motion for a resolution
Recital L
Recital L
L. whereas cooperation within the European Network of Ombudspersons for Children was established in 1997, and Europe’s ombudsmen on children’s matters should be encouragedand the protection of children’s rights and on the best interests of the child should be encouraged through tangible measures to cooperate more closely in that forum;
Amendment 81 #
Motion for a resolution
Recital M
Recital M
M. whereas there is a need for more conclusive assessments and effective evaluation reports, and more needs to be done in practice to prevent the cross- border trafficking of children for the purpose of adoption;
Amendment 88 #
Motion for a resolution
Recital N
Recital N
N. whereas all Member States have national provisions which govern the recognition of adoption orders, but the corresponding legal procedures differ significantly across the EU;
Amendment 90 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas, despite the international rules that exist in this field, opinions still differ in the Member States as regards the principles that should govern the adoption process, just as differences exist in respect of adoption procedures and the legal effects of the adoption process;
Amendment 99 #
Motion for a resolution
Recital Q
Recital Q
Q. whereas the absence of such provisions causes significant problems for European families who move to another Member State after adopting a child, as the adoption may not be recognised, meaning that the parents may have trouble legally exercising their parental authority, as well as encountering financial difficulties regarding the different fees applicable in this field;
Amendment 106 #
Motion for a resolution
Recital S
Recital S
S. whereas the current situation can cause serious problems and prevent families from fully exercising free movement;
Amendment 115 #
Motion for a resolution
Recital U a (new)
Recital U a (new)
Ua. whereas at present, when moving to another Member State, parents may be obliged to conform to a different specific national set of administrative fees under specific national recognition procedures, which may even include cases of having to adopt the child once again if the laws of the Member State concerned so require;
Amendment 117 #
Motion for a resolution
Recital U b (new)
Recital U b (new)
Ub. whereas accepting and applying common principles and practices would help to prevent and reduce the difficulties caused by current differences between the national laws of the Member States in this area, as well as to promote the best interests of adopted children;
Amendment 123 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the authorities of the Member States to take all decisions in adoption matters with the best interests of the child and respect for his or her fundamental rights in mind, and taking into account the specific circumstances of the case;
Amendment 128 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that children who have been put up for adoption should notin no way be seen as the property of a state, but as individuals, with internationally recognised fundamental rights;
Amendment 133 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underlines that each adoption case is different and must be assessed on its individual merits; , in line with the diverse nature of the Member States, and depending on the individual circumstances of the family of origin, ethnic, religious and language aspects and the legal requirements applicable to contracting marriage in the child’s Member State of origin;
Amendment 139 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that in the context of adoption proceedings, the child should always be given the opportunity to be heard and express his or her view on the adoption process, taking account of his or her age and maturity; considers, therefore, that whenever possible, and regardless of age, the child's consent to the adoption should be sought, and measures should be introduced making it possible to prove that consent has been given;
Amendment 143 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that no decision on adoption should be taken before the biological parents have been heard and, where applicable, exhausted all legal means and remedies concerning their parental authority; considers that, likewise, no decision on adoption should be taken before the decision withdrawing parental authority from the biological parents is final;
Amendment 147 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the relevant authorities should always first consider the possibility of placing the child within its biological family, even when members of that family live in another country or with people close to the family, even when members of that family or those people close to the family live in another country, when they meet the conditions laid down by law for being eligible to adopt, before giving the child up for adoption by strangers; considers that the habitual residence of family members who wish to take over responsibility for a child should not be considered as a deciding factor; accordingly, alongside the best interests of the child, the decision to give the child up for adoption should as far as possible be based on criteria relating to his or her ethnic, religious, cultural and linguistic background, as well as on the legal requirements applicable to contracting marriage in the child’s Member State of origin;
Amendment 152 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Takes the view that any procedure relating to the adoption of children who have been abandoned or whose parents are not known must first go through all the stages and procedures to verify the conditions for adoption laid down by the legislation of each of the Member States;
Amendment 158 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need, in the event of a child – who is a European citizen – being adopted in a third country, for the competent authorities to shoulder their responsibility and monitor the development of the child adopted in this way until he or she reaches the age of majority;
Amendment 160 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the successes of and the importance of applying the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, and encourages all countries to sign, ratify or accede to it;
Amendment 162 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes, nevertheless, that problems often occur concerning the issuance of adoption certificates; calls, therefore, on the authorities of the Member States to ensure that the procedures and safeguards established by the Hague Convention are always followed in order to ensure that recognition is automatic and avoid any issues that might hamper this process, such as obstacles to the free movement of persons, the existence of complex and lengthy additional administrative procedures or specific additional expenses in connection with documents or fees, long waiting times before recognition is granted, etc.;
Amendment 174 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to take all possible steps with a view to intensifying their cooperation in the field of adoption, including both legal and social aspectsor financial aspects (fee system in the field of adoption);
Amendment 188 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note of the activities of the European Network of Ombudspersons for Children and considers that this cooperation should be further expanded, developed and strengthened;
Amendment 192 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses the need to cooperate closely, by exchanging information and best practice, to prevent the cross-border trafficking of children for adoption purposes;
Amendment 203 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Requests the Commission to submit, by 31 July 2017, on the basis of Articles 67 and 81 of the Treaty on the Functioning of the European Union, a proposal for an act on the cross-border recognition of adoption orders, following the recommendations set out in the Annex hereto, along with existing international regulations in this area;
Amendment 207 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that the requested proposal does not have negative financial implications, as the ultimate goal, the automatic recognition of adoption orders, will reducebring about a reduction in costs;