2015/2086(INL) | [ParlTrack]

Beatriz BECERRA BASTERRECHEA, Cecilia WIKSTRÖM

Draft opinion
Paragraph 1

1. Considers that the best interest of ~~the child must be the paramount of~~children is of highest importance, which must be also the main criterion when taking any kind of decision related to their adoption ~~of a child~~; calls on Member States to ensure the implementation of the children's right to freely express their views and have these taken into consideration according to their age and maturity, as enshrined in art. 24 CFR;

Amendment 10 #

Draft opinion
Paragraph 4

4. ~~Draws the attention of the European Commission, the Council and the Member States on the possible harmful consequences of non-consensual adoptions for birth parents and the adopted children~~Recognises that while procedures dispending with parental consent for adoption are primarily means to protect children from situations of abandonment, abuse, mistreatment, loss of parental rights, etc, these also have severe consequences for birth parents and the adopted children, notably if appropriate social and family support is lacking and a policy pushing for adoptions is officially pursued;

Amendment 11 #

Soledad CABEZÓN RUIZ

Draft opinion
Paragraph 4

4. Draws the attention of the European Commission, the Council and the Member States ton the possible harmful consequences of non-consensual adoptions for birth parents and the adopted children; stresses that this type of adoption, while safeguarding the best interest of the child in every case, must be the last resort to be used when all measures to support the biological family have been exhausted; urges Member States to promote a system of pre-adoption family support and care, and to shore up and improve such systems where they already exist;

Amendment 12 #

Draft opinion
Paragraph 4

4. Draws the attention of the European Commission, the Council and the Member States on the ~~possible~~ harmful consequences for birth parents and the adopted children caused by vicious practices of non- consensual adoptions ~~for birth parents and the adopted children;~~applied in some Member States; Calls on the European commission to propose appropriate measures to address these practices in the planned reform of Regulation №2201 / 2003.

Amendment 13 #

Draft opinion
Paragraph 4

4. Draws the attention of the European Commission, the Council and the Member States on the possible harmful consequences of non-consensual and of non- adoptions for birth parents and the adopted children consensual long-term fostering, which goes against the principle established in at least some Member States that fostering should be a temporary solution;

Amendment 14 #

Draft opinion
Paragraph 4

4. Draws the attention of the European Commission, the Council and the Member States on the possible harmful consequences of non-consensual adoptions for birth parents and the adopted children; considers that such a procedure should be restricted to particularly exceptional and well grounded cases;

Amendment 15 #

Draft opinion
Paragraph 4 a (new)

4 a. Considers that it must be ensured that no decision involving changes in custody of children such as foster care placement order or adoption procedures, have their origin in the budgetary cuts resulting of the austerity measures imposed during the economic crisis;

Amendment 16 #

Draft opinion
Paragraph 4 b (new)

4 b. Stresses the importance of providing social workers with adequate working conditions to perform their assessment, avoiding an excessive workload in terms of amount of cases to be handled simultaneously, or any other pressure imposed by the applying legal framework that could influence in any way a decision to be made with a certain bias, which could deviate from the best interest of the child with the short, mid and long term perspectives all considered; recommends that an adequate amount of specialised training on children matters is provided not only to social workers and other concerned public officers, but also to lawyers involved in child custody proceedings;

Amendment 17 #

Draft opinion
Paragraph 5

5. Calls on Member States, in case of proceedings related to non-consensual adoptions with cross-border aspects, to systematically implement the provisions of the Vienna Convention on Consular Relations of 1963 and to make sure that the authorities of the States of origin of the parents involved ~~have been properly informed~~ are properly informed from the very beginning and throughout the whole process, and that they have proper access to the proceedings and the related files; underlines the importance of ensuring that adequate interpretation and legal aid is provided whenever necessary;

Amendment 18 #

Draft opinion
Paragraph 5

5. Calls on Member States, in case of proceedings related to non-consensual adoptions with cross-border aspects, to systematically implement the provisions of the Vienna Convention on Consular Relations of 1963 and to make sure that the authorities of the States of origin of the parents involved ~~have been properly informed~~ are properly informed from the very start of the process and have full access to hearings concerning children for whom they are acting as legal guardians;

Amendment 19 #

Draft opinion
Paragraph 5

Amendment 2 #

Draft opinion
Paragraph 1 a (new)

1a. Believes that common minimum standards should be drawn up for the purpose of defining both 'habitual residence' and 'best interests of the child';

Amendment 20 #

Draft opinion
Paragraph 5 a (new)

5 a. When social workers of one Member State carry out missions to establish the facts of the case for adoption in other Member states, calls upon the sending State to inform all appropriate authorities in the country where the mission is conducted.

Amendment 21 #

Soledad CABEZÓN RUIZ

Draft opinion
Paragraph 5 a (new)

5a. Urges the Commission, in the case of complaints regarding non-consensual adoptions that have cross-border aspects, to carry out a comparative study to analyse whether fewer such complaints are made in Member States that have a strong infrastructure and well-regulated fostering system, along with other pre- adoption care schemes;

Amendment 22 #

Draft opinion
Paragraph 5 b (new)

5 b. Calls on Member States to exchange information and conduct awareness campaigns among citizens about the cultural traditions and rules regarding the raising of children applied in other Member States in order to be informed about practices that would lead to the withdrawal of their parental rights and giving their children for adoption.

Amendment 23 #

Draft opinion
Paragraph 6

6. Calls on the Member sStates to ensure, when accurate, the implementation of articles 15 ~~and 55 of the~~on the transfer of the case to a court better placed to hear it and article 55 regarding principles of cooperation on cases specific to parental responsibility of Council Regulation n°(EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility;

Amendment 24 #

Draft opinion
Paragraph 6

6. Calls on the Member states to ensure~~, when accurate,~~ the implementation of articles 15 and 55 of the Regulation n°2201/2003; Calls on the Commission to review the provisions of these two articles in order to better protect the interests of children and to improve coordination and cooperation between Member States.

Amendment 25 #

Draft opinion
Paragraph 6

6. Calls on the Member states to ensure, when accurate, the implementation of articles 15 and 55 of the Regulation n°2201/2003; stresses, in this connection, that the courts in all the Member States should be given more detailed guidelines in order to ensure that those articles are implemented more fully and more effectively;

Amendment 26 #

Draft opinion
Paragraph 7

7. Calls on the Member States~~, in case of adoption, to~~ to agree on a minimum threshold for the duration of cross-border adoption procedures, ensureing that ~~the~~ relatives of the birth parents have ~~had~~ a real opportunity to apply as ~~permanent carer of the chil~~adopters of the child; draws, in this regard, attention to international standards and recalls article 8 of the UN Convention on the Rights of the Child (UNCRC), underlining the obligation of governments to respect and protect children's identity, including their family relations. Recalls, furthermore, article 20 UNCRC, which states that when considering different solutions such as foster placement, adoption or placement in suitable institutions for the care of children, due regard shall be paid to the desirability of continuity in a child's upbringing and the child's ethnic, religious, cultural and linguistic background;

Amendment 27 #

Beatriz BECERRA BASTERRECHEA, Cecilia WIKSTRÖM

Draft opinion
Paragraph 7

7. Calls on the Member States, in case of adoption, to ensure that the relatives of the birth parents have had a real opportunity to apply as permanent carer of the child before any definitive decision on custody is made; remarks in light of the importance of preserving multilingualism and the cultural diversity, that children adopted or placed into care have sufficient links with their original culture and do not lose their mother tongue, and particularly that visiting rights of biological parents can take place with the adequate frequency and in their own language;

Amendment 28 #

Draft opinion
Paragraph 7

7. Calls on the Member States, in case of adoption, to ensure that the relatives of the bi~~rth~~ological parents ~~have had a real opportunity to apply~~are considered as permanent caretaker of the child;

Amendment 29 #

Julia PITERA, Jarosław WAŁĘSA

Draft opinion
Paragraph 7

7. Calls on the Member States, in case ofs involving the adoption of children who have lost both their parents and forced adoptions where the consent of the birth parents has not been obtained, and without prejudice to the priority assigned to stepchild adoption, to ensure that the relatives of both the birth parents have had a real opportunity to apply as permanent carer of the child;

Amendment 3 #

Draft opinion
Paragraph 2

2. IStates that there is no mechanism within the EU governing automatic recognition of domestic adoption orders made within other Member States, which represents a barrier to free movement of families; insists on the absolute necessity to ensure legal certainty in the field of ~~inter- country~~cross-border recognition of domestic adoption for the protection of the parents' and children's rights respecting at the same time EU law provisions as regards European Citizenship; notes, however, that there should be a possibility to refuse the recognition of a domestic adoption if it is manifestly contrary to the public policy of the recognizing state;

Amendment 30 #

Draft opinion
Paragraph 7 a (new)

7 a. Calls on the Member States to ensure compliance with all procedural rights of relatives involved in the process and who are nationals of another Member State, including the provision of legal assistance, duly and timely information about the hearings, an interpreter, all relevant to the case documents in their native language, etc.

Amendment 31 #

Draft opinion
Paragraph 7 a (new)

7a. In cases where children who have lost both parents are declared eligible for adoption or instances of forced adoption where the consent of the birth parents has not been obtained, and without prejudice to stepchild adoption, the suitability of members of the extended family to become foster parents must be assessed by social workers in both of the Member States involved;

Amendment 32 #

Soledad CABEZÓN RUIZ

Draft opinion
Paragraph 7 a (new)

7a. Urges Member States to take account of complaints of violence within the family as a crucial criterion in cases of adoption, in particular gender-based and/or sexual violence against children by action and/or omission on the part of the biological parents;

Amendment 33 #

Draft opinion
Paragraph 8

8. ~~Asks~~Calls on the Member States' authorities involved in adoption proce~~edings~~dures, to make ~~all the possible efforts in order not to separate siblings~~every effort not to separate siblings and to give preference to adoptions by relatives of the biological parents of the child.

Amendment 34 #

Draft opinion
Paragraph 8

8. Asks the Member States authorities involved in adoption proceedings to make all the possible efforts in order not to separate siblings.; recalls, in this regard, article 8 UNCRC, underlining the obligation of governments to respect and protect children's identity, including their family relations;

Amendment 35 #

Julia PITERA, Jarosław WAŁĘSA

Draft opinion
Paragraph 8 – point 1 (new)

(1) Underlines the necessity to improve support structures for families; therefore, calls on the Commission and Member States to co-finance and promote the set- up of networks of NGOs providing assistance to EU citizens who live with their families in another Member State and require additional help in their cooperation with child welfare services and local authorities;

Amendment 36 #

Draft opinion
Paragraph 8 – point 2 (new)

(2) Calls on the Member States to compile regular statistics on cases of children who are nationals of another Member State and are placed into care or adopted.

Amendment 37 #

Svetoslav Hristov MALINOV

Draft opinion
Paragraph 8 a (new)

8 a. Calls on the European Commission to provide a clear and easy accessible guide with practical information for the citizens on the institutional arrangements for child protection, especially as concerns the adoption without parental consent and parents' rights in different Member states.

Amendment 38 #

Draft opinion
Paragraph 8 a (new)

8 a. Calls on Member States to promote specific training for judges dealing with transnational procedures for adoption of children.

Amendment 39 #

Draft opinion
Paragraph 8 a (new)

8a. Recommends that better training should be given to social workers, with a view to ensuring that those handling cases involving children of another nationality have the necessary knowledge and skills relating to the protection of the rights of the child at EU and national level;

Amendment 4 #

Draft opinion
Paragraph 2

2. Insists on the absolute necessity to ensure legal certainty in the field of inter- country adoption for the protection of the parents' and children's rights respecting at the same time EU law provisions as regards European Citizenship; considers that it must be ensured that the exercise of a fundamental right such as the freedom of movement and residence does not entail a higher threat to the right to family life;

Amendment 40 #

Draft opinion
Paragraph 8 b (new)

8b. Points out that austerity policies and the spending cuts some Member States have been obliged to make by the Commission are seriously undermining the quality and availability of social services and making it more difficult for a proper assessment to be made of individual cases during proceedings relating to judgments in matrimonial matters and matters of parental responsibility;

Amendment 41 #

Draft opinion
Paragraph 8 b (new)

8 b. Notes that to ensure the protection of the best interests of the child, enhanced cooperation between European judges in this area is needed.

Amendment 42 #

Beatriz BECERRA BASTERRECHEA, Cecilia WIKSTRÖM

Draft opinion
Paragraph 8 c (new)

8c. Calls on Member States to use funds earmarked for foster families and children's homes (which are generally funded by local authorities) to provide help at home to children and parents in difficulties.

Amendment 5 #

Draft opinion
Paragraph 2

2. Insists on the absolute necessity to ensure legal certainty in the field of inter- country adoption for the protection of the parents' and children's rights respecting and promoting at the same time EU law provisions as regards European Citizenship, free movement, the principles of mutual recognition and mutual trust, in full respect of the Charter of Fundamental Rights;

Amendment 6 #

Draft opinion
Paragraph 2 a (new)

2 a. Calls for equal treatment of parents with different nationality during proceedings in matters of parental responsibility and adoption.

Amendment 7 #

Draft opinion
Paragraph 3

3. Calls on the Member States to avoid heavy bureaucracy in the process of recognition of ~~Conventional~~inter-country adoptions already recognised in another EU Member State so as to ensure a correct implementation of the 1993 Hague Convention; invites EU Member States to encourage non-contracting States to join the 1993 Hague Convention, which would guarantee that all children benefit from the same standards, and help avoid a parallel system with less safeguards;

Amendment 8 #

Draft opinion
Paragraph 3

3. Calls on the Member States to avoid heavy bureaucracy in the process of recognition of Conventional adoptions already recognised in another EU Member State so as to ensure a correct implementation of the 1993 Hague Convention, while at the same time ensuring a minimum of procedural safeguards and timing so that all the involved stakeholders can have their rights guaranteed;

Amendment 9 #

Julia PITERA

Draft opinion
Paragraph 4

4. ~~Draws the attention of the European Commission, the Council and the Member States on the possibl~~Stresses the fact that an alarming high number of adoptions in the UK in 2014 were adoptions without parental consent; underlines that adoption without parental consent shall only be decided as a last resort, while children's best interst must be assessed on an individual basis, and the child's right to be hear~~mful consequences of non-consensual adoptions for birth parents and the adopted childre~~d must be respected; calls on the Member States to give to victims of domestic violence, alcohol or drug abuse, who have their children removed, a reasonable chance to fully recover before the Court takes a final decision for adoption;

source: 578.671

2016/07/07 JURI 249 amendments...

Amendment 1 #

Motion for a resolution
Citation 2

– having regard to Articles 67(1) and (4) and 81(3) of the Treaty on the Functioning of the European Union,

Amendment 10 #

Motion for a resolution
Subheading 1

Common minimum standards for the recognition of adoption orders

Amendment 100 #

Motion for a resolution
Recital Q a (new)

Qa. whereas the lack of such provisions puts at risk children's right to a stable and permanent family;

Amendment 101 #

Motion for a resolution
Recital R

R. whereas currently, when moving to another Member State, parents may be obliged to go through specific national recognition procedures, or even re-adopt the child, creating significant legal uncertainty and insecurity;

Amendment 102 #

Motion for a resolution
Recital R

R. whereas currently, when moving to another Member State, parents may be obliged to go through specific national recognition procedures, or ~~even~~ re-adopt the child~~, creating significant legal uncertainty~~;

Amendment 103 #

Motion for a resolution
Recital S

~~S, whereas the current situation can cause problems and prevent families from fully exercising free movement;~~deleted

Amendment 104 #

Motion for a resolution
Recital S

~~S. whereas the current situation can cause problems and prevent families from fully exercising free movement;~~deleted

Amendment 105 #

Motion for a resolution
Recital S

S. whereas the current situation ~~can~~ causes problems and prevents families from fully exercising their right to free movement;

Amendment 106 #

Motion for a resolution
Recital S

S. whereas the current situation can cause serious problems and prevent families from fully exercising free movement;

Amendment 107 #

Motion for a resolution
Recital S

S. whereas the current situation can cause problems and prevent families from ~~fully~~ exercising free movement;

Amendment 108 #

Motion for a resolution
Recital S a (new)

Sa. whereas there may be a need to review and assess the overall situation through consultation among Member States' competent authorities;

Amendment 109 #

Motion for a resolution
Recital T

T. whereas the Brussels II Regulation does not fundamentally address the question of the recognition of adoption orders, as it exclusively covers parental responsibility;

Amendment 11 #

Motion for a resolution
Subheading 1

Common minimum standards for certain aspects of cross-border adoptions

Amendment 110 #

Motion for a resolution
Recital T a (new)

Ta. whereas the costs linked to the absence of legislation on an automatic recognition of adoption decisions in the Union is estimated to amount to approximately €1.65 million per annum;

Amendment 111 #

Motion for a resolution
Recital U

U. whereas greater efficiency and greater transparency will enable improvements in domestic adoption procedures and make international adoption easier; whereas it is therefore of the utmost importance to adopt legislation providing for the automatic recognition in a Member State of a domestic adoption order granted in another Member State,

Amendment 112 #

Motion for a resolution
Recital U

U. whereas ~~it is therefore of the utmost importance~~the opportunity could be studied to adopt legislation providing for the ~~automatic~~ recognition in a Member State of a domestic adoption order granted in another Member State, provided that the full respect for national provision on public order and for the principles of subsidiarity and proportionality is ensured;

Amendment 113 #

Motion for a resolution
Recital U

U. whereas it is therefore of the utmost importance to adopt legislation providing for the automatic recognition in a Member State of a domestic adoption order granted in another Member State in so far as national legislation is not thereby affected,

Amendment 114 #

Motion for a resolution
Recital U

U. whereas it is therefore of the utmost importance to adopt legislation ~~providing for~~facilitating the automatic recognition in a Member State of a domestic adoption order granted in another Member State,

Amendment 115 #

Motion for a resolution
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 116 #

Motion for a resolution
Recital U a (new)

Ua. whereas such legislation would complement the existing Union regulation on issues of jurisdiction and parental responsibility (Brussels IIa) and fill the existing gap on recognition of adoptions as provided under international law (the 1993 Hague Convention);

Amendment 117 #

Motion for a resolution
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 118 #

Motion for a resolution
Subheading 5

~~Common minimum standards for adoptions~~deleted

Amendment 119 #

Motion for a resolution
Subheading 5

Common minimum standards for the recognition of adoption orders

Amendment 12 #

Motion for a resolution
Subheading 1

Common minimum standards for the recognition of adoption orders

Amendment 120 #

Motion for a resolution
Subheading 5

~~Common minimum standards for adoptions~~deleted

Amendment 121 #

Motion for a resolution
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 in mind, and taking into account the specific circumstances of the case;~~deleted

Amendment 122 #

Motion for a resolution
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 theat particular case;

Amendment 123 #

Motion for a resolution
Paragraph 1

Amendment 124 #

Motion for a resolution
Paragraph 1

1. Calls on the authorities of the Member States to take all decisions in adoption matters with in mind their conception of public policy and the best interests of the child ~~in mind~~, and taking into account the specific circumstances of the case;

Amendment 125 #

Motion for a resolution
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 in mind, and always taking into account the specific circumstances of the case;

Amendment 126 #

Arne GERICKE

Motion for a resolution
Paragraph 1 a (new)

1a. Affirms that by no means may children born of surrogacy be the object of an adoption by a mandating parent, in conformity with the condemnation of the very practice of surrogacy by the European Parliament;

Amendment 127 #

Motion for a resolution
Paragraph 2

~~2. Stresses that children who have been put up for adoption should not be seen as the property of a state, but as individuals;~~deleted

Amendment 128 #

Motion for a resolution
Paragraph 2

2. Stresses that children who have been put up for adoption should ~~not~~in no way be seen as the property of a state, but as individuals, with internationally recognised fundamental rights;

Amendment 129 #

Motion for a resolution
Paragraph 2

2. Stresses that children who have been put up for adoption sh~~ould not be seen as~~all be seen as individuals in their own right, placed, owing to their being minors, under the pro~~perty~~tection of athe state~~, but as individuals~~ in which they reside;

Amendment 13 #

Motion for a resolution
Subheading 1

Common minimum standards for the recognition of adoption orders

Amendment 130 #

Motion for a resolution
Paragraph 2

2. Stresses that children who have been p~~ut up~~laced for adoption should not be seen as the property of a state, but as individuals;

Amendment 131 #

Motion for a resolution
Paragraph 2 a (new)

2a. Considers that the Member States systems for child protection should have functioning transnational mechanisms that take into account the special features of cross-border cases;

Amendment 132 #

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses the utmost importance of ensuring that adoption provides a child with a stable and happy home;

Amendment 133 #

Motion for a resolution
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 134 #

Motion for a resolution
Paragraph 3

3. Underlines that each adoption case is different and must be assessed ~~on its~~using an individual ~~merits~~approach;

Amendment 135 #

Motion for a resolution
Paragraph 3

3. Underlines that each adoption case is different and must be assessed on its ~~individual~~objective merits;

Amendment 136 #

Motion for a resolution
Paragraph 3 a (new)

3a. Considers that in cases of adoption with cross-border aspects the cultural and linguistic traditions of the child should be taken into consideration and be maintained as much as possible;

Amendment 137 #

Motion for a resolution
Paragraph 3 a (new)

3a. Stresses that adoption cannot serve to validate surrogacy arrangements;

Amendment 138 #

Motion for a resolution
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; considers, therefore, that whenever possible the child's consent to the adoption should be sought;deleted

Amendment 139 #

Motion for a resolution
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 14 #

Motion for a resolution
Recital A

A. whereas in the area of recognition of adoption orders, the basic principle must always be that any decision should be taken in the best interest of the child and whereas the best interest of the child should be interpreted in accordance with the laws and public policies of the Member State of enforcement;

Amendment 140 #

Motion for a resolution
Paragraph 4

Amendment 141 #

Motion for a resolution
Paragraph 4

4. Considers that in the context of adoption proceedings, the child should always be given the opportunity to be heard without pressure and express his or her individual view on the adoption process; considers, therefore, that whenever possible the child's consent to the adoption should be sought;

Amendment 142 #

Motion for a resolution
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; considers, therefore, that ~~whenever possible~~it is imperative that the child's consent to the adoption should be sought;

Amendment 143 #

Motion for a resolution
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 144 #

Motion for a resolution
Paragraph 5

5. Considers that, in the spirit of Article 7 of the UN Convention on the Rights of the Child, no decision on adoption should be taken before the biological parents have been heard and, where applicable, exhausted all legal remedies concerning their parental authority;

Amendment 145 #

Michał MARUSIK

Motion for a resolution
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 remedies concerning their parental authority; believes that this should apply to foster parents as well;

Amendment 146 #

Motion for a resolution
Paragraph 5 a (new)

5a. Calls therefore on the authorities in the Member States to take all necessary measures for the well-being of the child while legal remedies are being exhausted, and throughout all the legal proceedings involved in the adoption, providing the child with protection and care appropriate to his or her harmonious development;

Amendment 147 #

Motion for a resolution
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 148 #

Motion for a resolution
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, if the child has relations with those members of that family and following individual assessment of the child's needs, 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;

Amendment 149 #

Motion for a resolution
Paragraph 6

6. Points out that the relevant authorities should always first consider the possibility of plac~~ing the child~~ement of the child on a temporary basis or placement of the child for adoption within its biological family, even when members of that family live in another country, 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;

Amendment 15 #

Motion for a resolution
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 150 #

Motion for a resolution
Paragraph 6

6. ~~Points out~~Stresses 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, 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;

Amendment 151 #

Motion for a resolution
Paragraph 6 a (new)

6a. Calls for equal treatment of parents of different nationalities during the procedures relating to parental responsibility and adoption; Calls on Member States to ensure equality in the procedural rights of the relatives involved in the adoption procedure and who are nationals of other Member States, including the provision of legal assistance, duly and timely information about the hearings, the right to an interpreter, the provision of all documents relevant to the case in their native language etc.;

Amendment 152 #

Motion for a resolution
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 153 #

Motion for a resolution
Paragraph 7

7. Stresses that where a child being considered ~~for adoption~~in proceedings for the withdrawal of parental rights or in adoption proceedings is the citizen of another Member State, the consular authorities of that Member State and the child's family residing in that Member State should be informed and consulted prior to any decision being taken;

Amendment 154 #

Motion for a resolution
Paragraph 7

7. Stresses that where a child being considered for adoption is the citizen of another Member State, ~~the consular authorities of that Member State and~~ the child's family residing in that Member State should be informed and consulted prior to any decision being taken;

Amendment 155 #

Motion for a resolution
Paragraph 7 a (new)

7a. Condemns the practice of surrogacy, which undermines the human dignity of the woman since her body and its reproductive functions are used as a commodity; considers that the practice of gestational surrogacy which involves reproductive exploitation and use of the human body for financial or other gain, in particular in the case of vulnerable women in developing countries, should be prohibited and treated as a matter of urgency in human rights instruments;

Amendment 156 #

Motion for a resolution
Paragraph 7 a (new)

7a. Calls moreover on the Member States to pay very particular attention to unaccompanied minors who have applied for or have refugee status, ensuring they receive the protection, assistance and care that Member States are required to furnish by virtue of their international obligations, preferably by placing them in foster families in the interim period;

Amendment 157 #

Motion for a resolution
Paragraph 7 a (new)

7a. Notes, that any action taken at European level should not undermine national law, as the laws on adoption fall under the exclusive competence of the Member States and common minimum standards that are not in line with Member States' rules and guidelines would violate the principles of subsidiarity, conferral and the distribution of powers;

Amendment 158 #

Motion for a resolution
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 159 #

Motion for a resolution
Paragraph 7 a (new)

7a. Stresses that only the interested parties may challenge the adaptation of the measure or order before a court;

Amendment 16 #

Motion for a resolution
Recital A

A. whereas in the area of recognition of adoption, the basic principle must always be that any decision should be taken in the interest of the child; whereas the best interest of the child should be interpreted in accordance with the laws and public policies of the Member State of enforcement;

Amendment 160 #

Motion for a resolution
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 161 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the Member States not to create unnecessary bureaucratic impediments to the recognition of adoptions within the scope of the Hague Convention which are already recognised by another Member State;

Amendment 162 #

Motion for a resolution
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 163 #

Motion for a resolution
Paragraph 9

9. ~~Notes, nevertheless,~~Deplores the fact 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;

Amendment 164 #

Motion for a resolution
Paragraph 9

Amendment 165 #

Motion for a resolution
Paragraph 10

10. Points out that further efforts could be made in order to facilitate the more efficient operation of the Hague Convention, as some Member States require additional administrative procedures or charge disproportionate fees in connection with the recognition of adoptions, for example in order to establish or amend civil status records or to obtain nationality, although this is contrary to the provisions of the convention in terms of some administrative procedures so as to remove excessive and purely administrative burdens;

Amendment 166 #

Motion for a resolution
Paragraph 10

10. Points out that further efforts could be made in order to ~~facilitate the operat~~respect and scrupulously enforce the provisions of the Hague Convention, as some Member States require additional administrative procedures or charge disproportionate fees in connection with the recognition of adoptions, for example in order to establish or amend civil status records or to obtain nationality, although this is contrary to the provisions of the convention;

Amendment 167 #

Motion for a resolution
Paragraph 10 a (new)

10a. Points out the need to introduce the right for adopted children to know their country of origin in order to be able to nurture their cultural heritage;

Amendment 168 #

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses that Member States, in cooperation with the Hague Conference, need to set up a framework enabling guaranteed transparency in procedures and an active role in combating child trafficking for the purposes of adoption;

Amendment 169 #

Motion for a resolution
Paragraph 10 a (new)

10a. Points out, that adoption procedures need to be more carefully monitored by the relevant authorities and assessed on a case by case basis;

Amendment 17 #

Motion for a resolution
Recital A

A. whereas in the area of adoption, the basic principle must always be that any decision should be taken in ~~the~~accordance with the principle of the best interests of the child, as enshrined in Article 3 of the Convention on the Rights of the Child;

Amendment 170 #

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses the need for the agency handling Intercountry adoptions to carry out checks and to be subject to controls with the aim of preventing child selling practices;

Amendment 171 #

Motion for a resolution
Paragraph 10 b (new)

10b. Stresses that a reliable birth registration system will ensure that a child receives an identity from birth and may prevent child trafficking for adoption purposes;

Amendment 172 #

Motion for a resolution
Paragraph 12

12. Calls on the Member States to intensify their cooperation in the field of adoption, including both legal and social aspects; calls also, in this connection, for the EU to maintain a consistent approach to children's rights, in relation to which adoption is key issue, in all of its main internal and external policies;

Amendment 173 #

Motion for a resolution
Paragraph 12

12. Calls on the Member States to intensify their cooperation in the field of adoption, including both legal and social aspects as well as taking into consideration a monitoring system for children adopted by families from another country;

Amendment 174 #

Motion for a resolution
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 ~~aspects~~or financial aspects (fee system in the field of adoption);

Amendment 175 #

Motion for a resolution
Paragraph 12

12. Calls on the Member States to intensify their cooperation in the field of adoption, including ~~both~~ legal, institutional, and social aspects;

Amendment 176 #

Motion for a resolution
Paragraph 12 a (new)

12a. Notes that to ensure the protection of the best interests of the child, enhanced cooperation between judges in the area of cross-border adoptions in different Member States is needed;

Amendment 177 #

Motion for a resolution
Paragraph 13

Amendment 178 #

Motion for a resolution
Paragraph 13

13. Calls on the Commission to establish a European network of judges and authorities specialised in adoption in order to facilitate the exchange of information and good practice, which is particularly useful when adoption involves a foreign element; believes it to be extremely important, in this connection, to facilitate coordination and the exchange of good practice with the current European judicial training networks, in order to achieve the greatest possible degree of consistency with the schemes already being funded by the EU;

Amendment 179 #

Motion for a resolution
Paragraph 13

13. Calls on the Commission to ~~establish~~assess the concept of a European network of judges and authorities specialised in adoption in order to facilitate the exchange of information and good practice, which is particularly useful when adoption involves a foreign element; furthermore points out that that network should be easily accessible to all Member States citizens who wish to participate through transparent, continuous and clear communication;

Amendment 18 #

Motion for a resolution
Recital A

A. whereas in the area of recognition of adoption orders, the basic principle must always be that any decision should be taken in the interest of the child and with due regard to the laws and public policies of the Member State of enforcement;

Amendment 180 #

Motion for a resolution
Paragraph 13

13. Calls on the Commission to establish an effective and flexible European network of judges and authorities specialised in adoption in order to facilitate the exchange of information and good practice, which is particularly useful when adoption involves a foreign element;

Amendment 181 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the Commission to provide funding for specialised training of judges working in the field of cross- border adoptions;

Amendment 182 #

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the competent bodies in the Member States to establish national databases of children up for adoption;

Amendment 183 #

Motion for a resolution
Paragraph 13 b (new)

13b. Calls on the Commission to involve local and regional authorities in the exchange of information and best practices;

Amendment 184 #

Motion for a resolution
Paragraph 13 c (new)

13c. Calls on the Commission to devote particular attention to the issue of age limits on adoptive parents in the Member States;

Amendment 185 #

Motion for a resolution
Paragraph 14

14. Calls on the Commission to publish on the European e-Justice Portal relevant legal and procedural information on adoption law and practice in all the Member States;

Amendment 186 #

Motion for a resolution
Paragraph 14 a (new)

14a. Calls on the Commission to carry out a comparative study to analyse whether complaints regarding non- consensual adoptions that have cross- border aspects are made in Member States that have a strong infrastructure and well-regulated fostering system, along with other pre-adoption care schemes;

Amendment 187 #

Motion for a resolution
Paragraph 15

15. Takes note of the activities of the European Network of Ombudspersons for Children and considers that this cooperation should be further developed and strengthened, including by providing specific funding alongside that already made available for judicial training and support for European judicial networks;

Amendment 188 #

Motion for a resolution
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 189 #

Motion for a resolution
Paragraph 15 a (new)

15a. Notes that the first responsibility for child welfare rests with the authorities from the Member States; however stresses the need for a better cooperation amongst them with particular regard to the Intercountry adoption process;

Amendment 19 #

Motion for a resolution
Recital A

A. whereas in the area of adoption, the basic principle must always be that any decision should be taken in the best interests of the child and respect for his or her fundamental rights;

Amendment 190 #

Motion for a resolution
Paragraph 16

16. Stresses the need to cooperate closely, through European authorities such as Europol, to prevent the cross- border trafficking of children for adoption purposes;

Amendment 191 #

Motion for a resolution
Paragraph 16

16. Stresses the need to cooperate closely to prevent the cross-border trafficking of children for adoption purposes, as well as to avoid and prevent the abduction and sale of children;

Amendment 192 #

Motion for a resolution
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 193 #

Motion for a resolution
Paragraph 16

16. Stresses the need to cooperate closely to prevent the cross-border and illegal trafficking of children for adoption purposes;

Amendment 194 #

Motion for a resolution
Paragraph 16

16. Stresses the need to cooperate closely to prevent the cross-border abduction, sale or trafficking of children for adoption purposes;

Amendment 195 #

Motion for a resolution
Paragraph 16

~~16. Stresses the need to cooperate closely to prevent the cross-border trafficking of children for adoption purposes;~~(Does not affect the English version.)

Amendment 196 #

Motion for a resolution
Paragraph 17

17. States that there is a clear need for legislation to provide for the automatic cross-border recognition of domestic adoption orders, and calls accordingly on the Commission to ask Member States to improve coordination in the sensitive area of adoption of children from third countries;

Amendment 197 #

Motion for a resolution
Paragraph 17

17. States that there is a ~~clear~~ need for cle~~gislation to provide for the automatic cross-border recognition of domestic adoption orders~~ar, effective and modernised legislation;

Amendment 198 #

Motion for a resolution
Paragraph 17

17. States that there is a clear need for European legislation to provide for the automatic cross-border recognition of domestic adoption orders;

Amendment 199 #

Motion for a resolution
Paragraph 17

17. States that there is a clear need for legislation to ~~provide for~~facilitate the automatic cross- border recognition of domestic adoption orders;

Amendment 2 #

Motion for a resolution
Citation 3

– having regard to Article 21s 7, 21 and 35 of the UN Convention on the Rights of the Child of 20 November 1989,

Amendment 20 #

Motion for a resolution
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;~~(Does not affect the English version.)

Amendment 200 #

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses that the legislation on the legal transfer of parental rights and responsibilities from the child's birth parents or other guardian to the new parents during an intercountry adoption process still needs improvement;

Amendment 201 #

Motion for a resolution
Paragraph 17 a (new)

17a. Stresses that any Union legislative proposal on the matter can neither modify, nor have a direct or indirect impact on the substantive family law of the Member States;

Amendment 202 #

Motion for a resolution
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; stresses that, under Art 81(3) of the Treaty on the Functioning of the European Union, if a national Parliament makes known its opposition within six months, the decision shall not be adopted; invites the national parliaments to use their right to veto any Union legislative act which undermines public morals, family law, as well as the protection of human dignity and respect for human physical and moral integrity;

Amendment 203 #

Motion for a resolution
Paragraph 18

Amendment 204 #

Motion for a resolution
Paragraph 19

19. Confirms that the recommendations annexed to this motion for a resolution respect the fundamental rights of the child and the principles of subsidiarity and proportionality, as set out in Article 5 TEU and Protocols 1 and 2 TFEU;

Amendment 205 #

Motion for a resolution
Paragraph 19

19. ~~Confirm~~Notes that the recommendations annexed to this motion for a resolution respect fundamental rights and the principles of subsidiarity and proportionality;

Amendment 206 #

Motion for a resolution
Paragraph 20

20. Considers that the requested proposal does not have negative financial implications, as the automatic recognition of adoption orders will reduce costs; notes however, that the requested proposal has implications in terms of subsidiarity and sovereignty;

Amendment 207 #

Motion for a resolution
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 ~~reduce~~bring about a reduction in costs;

Amendment 208 #

Motion for a resolution
Paragraph 20

20. Considers that the requested proposal does not have negative financial implications, as ~~the automatic~~facilitating the recognition of adoption orders will reduce costs;

Amendment 209 #

Motion for a resolution
Paragraph 20 a (new)

20a. Confirms that this regulation shall not apply to surrogacy arrangements;

Amendment 21 #

Motion for a resolution
Recital A

A. whereas in the area of adoption, ~~the basic principle must always be~~it is essential that any decision ~~should be taken~~taken is always in the interest of the child;

Amendment 210 #

Motion for a resolution
Annex – Part A – paragraph 1

1. ~~On the basis of~~Exercising their right to free movement ~~which EU citizens benefit from under the Treaties, an ever increasing, albeit small,~~, an increasing number of ~~familie~~EU citizens decide each year to move to another Member State of the Union. This hacreates a number of ~~consequences for the civil justice policy of the Union, as provision must be made for~~difficulties regarding the recognition and the legal resolution of the personal and family law situation of mobile individuals. ~~For example, a regulation has been adopted~~The European Union has made a start on addressing these problem situations, for example by adopting a regulation concerning ~~the~~ succession ~~of such persons, and regulations are in preparation for~~, and by putting in place enhanced cooperation regarding the recognition of certain aspects of matrimonial property regimes and the property effects of registered partnerships.

Amendment 211 #

Motion for a resolution
Annex – Part A – paragraph 3

3. It is therefore necessary, in order to protect the fundamental rights and freedoms of ~~such~~ Union citizens, to adopt a regulation providing for the automatic cross-border recognition of adoption orders. The proper legal basis for such a proposal is Article 67(4) ~~TFEU~~of the Treaty on the Functioning of the European Union, which concerns the mutual recognition of judgments and decisions, and Article 81(3) TFEU, which concerns measures in the field of family law. The regulation is to be adopted by the Council after consulting the European Parliament.

Amendment 212 #

Motion for a resolution
Annex – Part A – paragraph 4

4. The proposed regulation provides for the automatic recognition of adoption orders made in a Member State under any procedure other than under the framework of the 1993 Hague Convention. As European families may also have connections with or have lived in a third country in the past, and the regulation therefore also provides that, once one Member State has recognised an adoption order made in a third country under its relevant national procedural rules, that adoption order shall be recognised in all other Member States.

Amendment 213 #

Tanja FAJON, Ulrike LUNACEK, Sirpa PIETIKÄINEN, Daniele VIOTTI, Sophia IN 'T VELD

Motion for a resolution
Annex – Part A – paragraph 5

5. ~~However, in order to avoid forum shopping or the application of inappropriate national laws, t~~That automatic recognition is subject~~, firstly,~~ to the condition, firstly, that recognition ~~must not be manifestly contrary to the public order of the recognising Member State~~be in the best interests of the child and, secondly, that the Member State which took the adoption decision had jurisdiction under Article 4. Only the Member State of the habitual residence of the parent or parents or of the child can have that jurisdiction. However, where the adoption decision was taken in a third country, jurisdiction for the initial recognition within the Union of that adoption can also lie with the Member State of nationality of the parents or child. This is in order to ensure access to justice for European families resident overseas.

Amendment 214 #

Motion for a resolution
Annex – Part A – paragraph 5

5. However, in order to avoid forum shopping or the application of inappropriate national laws, that automatic recognition is subject, firstly, to the condition that recognition must not be manifestly contrary to the public order of the recognising Member State, while emphasising that such refusals may never lead to de facto discriminations prohibited by Article 21 of the Charter of Fundamental Rights of the European Union, and, secondly, that the Member State which took the adoption decision had jurisdiction under Article 4. Only the Member State of the habitual residence of the parent or parents or of the child can have that jurisdiction. However, where the adoption decision was taken in a third country, jurisdiction for the initial recognition within the Union of that adoption can also lie with the Member State of nationality of the parents or child. This is in order to ensure access to justice for European families resident overseas.

Amendment 215 #

Motion for a resolution
Annexe –Part B – recital 3

(3) In order to ~~attain the objective of~~ensure free movement for families which have adopted a child, it is necessary and appropriate that the rules governing jurisdiction and the recognition of adoption orders be governed by a legal instrument of the Union which is binding and directly applicable.

Amendment 216 #

Motion for a resolution
Annex – Part B – recital 4

(4) This Regulation should create a clear, comprehensive legal framework in the area of the cross-border recognition of adoption orders, provide families with appropriate outcomes in terms of legal certainty, predictability and flexibility~~, and prevent a situation from arising where an adoption order legally made in one Member State is not recognised in another~~.

Amendment 217 #

Motion for a resolution
Annex – Part B – recital 5

(5) This Regulation should cover the recognition of adoption orders made or recognised in a Member State. However, it should not cover the recognition of intercountry adoptions performed in accordance with the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, as that convention already provides for the automatic recognition of such adoptions. This Regulation should therefore apply only to the recognition of domestic adoptions, and to international adoptions not performed under that convention.

Amendment 218 #

Motion for a resolution
Annex – Part B – recital 6

(6) There must be a connection between an adoption and the territory of the Member State which ~~made~~recognised the adoption order~~, or recognised it~~. Accordingly, recognition should be subject to compliance with common rules of jurisdiction.

Amendment 219 #

Motion for a resolution
Annex – Part B – recital 8

~~(8) As adoption generally concerns minors, it is not appropriate to give parents or the child any flexibility in choosing the authorities which will decide on the adoption.~~deleted

Amendment 22 #

Arne GERICKE

Motion for a resolution
Recital A a (new)

Aa. whereas the European Parliament condemned the practice of surrogacy in the Annual Report on Human Rights and Democracy in the World 2014 and the European Union's policy on the matter(2015/2229(INI)) in its paragraph 115;

Amendment 220 #

Motion for a resolution
Annex – Part B – recital 10 a (new)

(10a) This regulation prohibits discrimination based on gender, race or ethnic origin, disability, sexual orientation, religion or beliefs.

Amendment 221 #

Tanja FAJON, Ulrike LUNACEK, Sirpa PIETIKÄINEN, Evelyn REGNER, Virginie ROZIÈRE, Daniele VIOTTI, Sophia IN 'T VELD

Motion for a resolution
Annex – Part B – recital 10 a (new)

(10a) This Regulation is to be implemented without discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. If Member States invoke the public policy exception in order to refuse the recognition of an adoption, such a decision should be preceded by an assessment of the compatibility with the Union legal order, an inquiry into the genuineness of the concern, a check whether in advancing the ground for refusal of recognition of an adoption order the Member States concerned are not violating other values protected by the Union legal order, in particular through the Charter of Fundamental Rights of the Union and finally a proportionality test.

Amendment 222 #

Tanja FAJON, Ulrike LUNACEK, Sirpa PIETIKÄINEN, Evelyn REGNER, Virginie ROZIÈRE, Daniele VIOTTI, Sophia IN 'T VELD

Motion for a resolution
Annex – Part B – recital 11

(11) This Regulation should not affect the substantive family law, including the law on adoption, of the Member States. Furthermore, any recognition of an adoption order under this Regulation should not imply the recognition of any legal relationship between adopting parents, as long as the separate legal relationships between the adopted child and its adopting parents are recognised.

Amendment 223 #

Motion for a resolution
Annex – Part B – recital 11

(11) The automatic recognition in the Member State of enforcement of an adoption order made in another Member State should not jeopardise the public policy or public morality of the Member State of enforcement. Therefore, this Regulation should not affect the substantive family law, including the law on adoption, of the Member States. Furthermore, any recognition of an adoption order under this Regulation should not imply the recognition of the existence of, or give effect to, any legal relationship between adopting parents that is foreign to the Member State of enforcement.

Amendment 224 #

Motion for a resolution
Annex – Part B – recital 11

(11) This Regulation should not affect the substantive family law, including the law on adoption, of the Member States. Furthermore, any recognition of an adoption order under this Regulation should not automatically imply the recognition of any legal relationship between adopting parents.

Amendment 225 #

Motion for a resolution
Annex – Part B – recital 13

(13) Where an adoption order implies a legal relationship which is not known in the law of the Member State addressed, that legal relationship, including any ensuing right or obligation, should, to the extent possible, be adapted to one which, under the law of that Member State, has equivalent effects attached to it and pursues similar aims. How, and by whom, the adaptation is to be carried out should be determined by each Member State.deleted

Amendment 226 #

Motion for a resolution
Annex – Part B – Article 1 – paragraph 1

1. This Regulation shall apply to the recognition ~~of adoption orders~~by a Member State of adoption orders issued by another Member State.

Amendment 227 #

Tanja FAJON, Ulrike LUNACEK, Sirpa PIETIKÄINEN, Evelyn REGNER, Virginie ROZIÈRE, Daniele VIOTTI, Sophia IN 'T VELD

Motion for a resolution
Annex – Part B – Article 1 – paragraph 3 – point a

(a) recognise the existence of any legal relationship between parents of an adopted child, as long as the separate legal relationships between the adopted child and all its adopting parents are recognised;

Amendment 228 #

Motion for a resolution
Annex – Part B – Article 1 – paragraph 3

3. Nothing in this regulation requires a Member State to: (a) recognise the existence of, or give effect to, any legal relationship between parents of an adopted child~~; (b) mak~~ that is foreign to the Member State of enforcement; (b) recognise adoption orders in circumstances in which the relevant national law does not so allow.

Amendment 229 #

Motion for a resolution
Annex – Part B – Article 4

Article 4 Jurisdiction for adoption orders 1. may only make an adoption order if the adopting parent or parents or the adopted child are habitually resident in that Member State. 2. made in respect of a child by the authorities of a third country, the authorities of a Member State may also make such an order, or decide on tdeleted The authorities of a Member State Whe recognition of the third country order in accordance with the procedures established by national law, if the adopting parent or parents or the adopted child are not habitually resident in that Member State, but are citizens of the same. an adoption order has been

Amendment 23 #

Motion for a resolution
Recital A a (new)

Aa. whereas the requested proposal should not apply to surrogacy arrangements;

Amendment 230 #

Motion for a resolution
Annex – Part B – article 4 – paragraph 1

1. The authorities of a Member State may only make an adoption order if the adopting parent or parents or the adopted child are ~~habitually~~ resident in that Member State.

Amendment 231 #

Motion for a resolution
Annex – Part B – Article 6 – introductory part

~~On the application of any interested party, t~~The recognition of an adoption order made in a Member State ~~may only be refused~~shall be refused by a court or tribunal or a Member State of enforcement on its own motion:

Amendment 232 #

Motion for a resolution
Annex – Part B – article 6 – point a

~~(a) if such recognition is manifestly contrary to public policy (ordre public) in the Member State address~~deleted;

Amendment 233 #

Motion for a resolution
Annex – Part B – Article 6 – point a

(a) if such recognition is manifestly contrary to public policy (ordre public) or to accepted principles of morality in the Member State ~~addressed~~of enforcement;

Amendment 234 #

Motion for a resolution
Annex – Part B – article 6 – point a

(a) if such recognition is manifestly contrary to ~~public policy (ordre public) in the Member State addresse~~the best interests of the child;

Amendment 235 #

Motion for a resolution
Annex – Part B – Article 6 – point b

(b) if the ~~originating~~ Member State of origin did not have jurisdiction under Article 4.

Amendment 236 #

Motion for a resolution
Annex – Part B – article 7

Article 7 Application for refusal of recognition 1. interested party, the recognition of an adoption order shall be refused where one of the grounds referred to in Article 6 is found to exist. 2. recognition shall be submitted to the court which the Member State concerned has communicated to the Commission pursuant to point (a) of Article 13 as the court to which the application is to be submitted. 3. recognition shall, in so far as it is not covered by this Regulation, be governed by the law of the Member State addressed. 4. The applicant shall provide the court with a copy of the order and, where necessary, a translation or transliteration of it. 5. production of the documents referred to in paragraph 4 if it already possesses them or if it considers it unreasonable to require the applicant to provide them. In the latter case, the court may require the other party to provide those documents. 6. The party seeking the refusal of recognition of an adoption order taken in another Member State shall not be required to have a postal address in the Member State addressed. Nor shall that party be required to have an authorised representative in the Member State addressed unless such a representative is mandatory irrespective of the nationality or the domicile of the parties. 7. application for refusal of recognition without delay.deleted On the application by any The application for refusal of The procedure for refusal of The court may dispense with the The court shall decide on the

Amendment 237 #

Motion for a resolution
Annex – Part B – Article 7 – paragraph 1

1. On ~~the~~ application by any ~~interested party~~party who has the right to bring a legal action in accordance with national law, the recognition of an adoption order shall be refused where one of the grounds referred to in Article 6 is found to exist.

Amendment 238 #

Motion for a resolution
Annex – Part B – Article 7 – paragraph 4

4. The applicant shall provide the court with a certified copy of the order and~~, where necessary, a~~ an official translation and/or transliteration of it.

Amendment 239 #

Motion for a resolution
Annex – Part B – Article 7 – paragraph 5

5. The court may dispense with the production of the documents referred to in paragraph 4 if it already possesses them or if it considers it unreasonable to require the applicant to provide them. In the latter case, the court may require the other party to provide those documents.(Does not affect the English version.)

Amendment 24 #

Motion for a resolution
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;~~deleted

Amendment 240 #

Motion for a resolution
Annex – Part B – Article 8

Article 8 Appeals against the decision on the application for refusal of recognition 1. The decision on the application for refusal of recognition may be appealed against by either party. 2. court which the Member State concerned has communicated to the Commission pursuant to point (b) of Article 13 as the court with which such an appeal is to be lodged. 3. may only be contested by an appeal where the courts with which any further appeal is to be lodged have been communicated by the Member State concerned to the Commission pursuant to point (c) of Article 13.deleted The appeal is to be lodged with the The decision given on the appeal

Amendment 241 #

Motion for a resolution
Annex – Part B – Article 9

The court to which an application for refusal of recognition is submitted or the court which hears an appeal lodged under Article 8(2) or (3) may stay the proceedings if an ordinary appeal has been lodged against the adoption order in the Member State of origin or if the time for such an appeal has not yet expired. ~~In the latter case, the court may specify the time within which such an appeal is to be lodged.~~

Amendment 242 #

The court to which an application for refusal of recognition is submitted or the court which hears an appeal lodged ~~under Article 8(2) or (3) may~~against a judgment on an application for refusal of recognition shall stay the proceedings if an ordinary appeal has been lodged against the adoption order in the Member State of origin or if ~~the time for such an appeal has not yet expired. In the latter case, the court may specify the time within which such an appeal is to be lodg~~all legal remedies have not been exhausted.

Amendment 243 #

The authorities of the Member State which has made the adoption order shall, at the request of any interested party, issue a European Certificate of Adoption conforming to the model established in accordance with Article 15.(Does not affect the English version.)

Amendment 244 #

Motion for a resolution
Annex – Part B – Article 11

The authorities of the Member State which has made the adoption order shall, at the request of any interested party, issue a multilingual European Certificate of Adoption conforming to the model established in accordance with Article 15.

Amendment 245 #

Motion for a resolution
Annex – Part B – Article 11

Amendment 246 #

Motion for a resolution
Annex – Part B – Article 12 – paragraph 1

1. If a decision or judgment contains a measure or an order which is not known in the law of the Member State addressed, that measure or order shall, to the extent possible, be adapted to a measure or an order known in the law of that Member State which has equivalent effects attached to it and which pursues similar aims and interests. ~~Such adaptation shall not result in effects going beyond those provided for in the law of the Member State of origin.~~

Amendment 247 #

Motion for a resolution
Annex – Part B – Article 12 – paragraph 1

1. If a decision or judgment contains a measure or an order which is not known in the law of the Member State addressed, that measure or order shall, to the extent possible, be adapted to a measure or an order known in the law of that Member State which has equivalent effects attached to it and which pursues similar aims and interests. Such adaptation shall not result in effects ~~going beyond~~different from those provided for in the law of the Member State of origin on filiation and adoption.

Amendment 248 #

Motion for a resolution
Annex – Part B – Article 12 – paragraph 2

2. ~~Any~~The interested partyies may challenge the adaptation of the measure or order before a court.

Amendment 249 #

Motion for a resolution
Annex – Part B – Article 15

The Commission is empowered to adopt delegated acts in accordance with Article 16 concerning the establishment and amendment of the model for the multilingual European Certificate of Adoption referred to in Article 11.

Amendment 25 #

Motion for a resolution
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 26 #

Motion for a resolution
Recital B

B. whereas the purpose of adoption is not to give adults the right to a child, but to give the child a stable, loving and caring environment to grow up and develop in harmoniously, and in which his or her psychological integrity and development of personality are safeguarded;

Amendment 27 #

Motion for a resolution
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~~a child the right to one or more parents so that said child may enjoy fully the rights guaranteed to him or her by virtue of the Charter of Fundamental Rights;

Amendment 28 #

Motion for a resolution
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~~a good many challenges still need to be met before respect for the rights of the child becomes a reality;

Amendment 29 #

Motion for a resolution
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 t~~o grow up~~hat will meet his or her needs and provide a favourable context for his or her growth and develop ~~in;~~ ment;

Amendment 3 #

Motion for a resolution
Citation 3

– having regard to ~~Article 21 of~~ the UN Convention on the Rights of the Child, and in particular Article 21 thereof,

Amendment 30 #

Motion for a resolution
Recital B

B. whereas the purpose of adoption is not to give adults the right to a child, but to ~~give the child a~~ensure that the child has an appropriate, safe, loving and caring environment toin which it can grow up and develop in;

Amendment 31 #

Motion for a resolution
Recital B

B. whereas the purpose of adoption is not to give adults the inalienable right to a child, but to give the child a loving ~~and caring~~, caring and affectionate environment to grow up and develop in;

Amendment 32 #

Motion for a resolution
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, learn and develop in a rounded way in;

Amendment 33 #

Motion for a resolution
Recital B a (new)

Ba. whereas any measure or decision that would lead to discrimination, a loss of rights or any legal uncertainty for the adopted child cannot be considered to be in the best interests of the child;

Amendment 34 #

Motion for a resolution
Recital C

C. whereas the relevant authorities should never consider that the economic circumstances of the biological parents justify, in themselves, the withdrawal of parental authority and giving a child up for adoption;deleted

Amendment 35 #

Motion for a resolution
Recital C

Amendment 36 #

Motion for a resolution
Recital C

C. whereas the relevant authorities should n~~ever~~ot consider that the economic circumstances of the biological parents justify, in themselves, the withdrawal of parental authority and giving a child up for adoption, but this could form part of a set of established criteria;

Amendment 37 #

Motion for a resolution
Recital C a (new)

Ca. whereas in some Member States the number of children being adopted is low, despite great interest from prospective adoptive parents;

Amendment 38 #

Motion for a resolution
Recital D

D. whereas adoption proceedings should never commence before any decision withdrawing parental authority from the biological parents is final, ~~and the latter~~before they have been given the opportunity to exhaust all legal remedies against that decision and before the child is asked whether she would like to be adopted by another family or remain with her biological parents;

Amendment 39 #

Motion for a resolution
Recital D

D. whereas adoption proceedings s~~hould never~~ometimes commence before ~~any~~the decision withdrawing parental authority from the biological parents is final, and the latter have been given the opportunity to exhaust all legal remedies against that decision; whereas the recognition of an adoption order may be refused on this ground as a matter of public policy;

Amendment 4 #

Motion for a resolution
Citation 3 a (new)

– having regard to Article 2 of the Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography of 25 May 2000,

Amendment 40 #

Motion for a resolution
Recital D

D. whereas adoption proceedings s~~hould never~~ometimes commence before ~~any~~the decision withdrawing parental authority from the biological parents is final, and the latter have been given the opportunity to exhaust all legal remedies against that decision; whereas the recognition of adoption orders may be refused on this ground as a matter of public policy;

Amendment 41 #

Motion for a resolution
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 42 #

Motion for a resolution
Recital D

D. whereas adoption proceedings should n~~ever~~ot 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 remedies against that decision;

Amendment 43 #

Motion for a resolution
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 44 #

Motion for a resolution
Recital D a (new)

Da. whereas the adoption procedure concerns children who at the time adoption is applied for have not yet attained 18 years of age or the age of majority in their country of origin;

Amendment 45 #

Motion for a resolution
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 importance~~and 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 46 #

Motion for a resolution
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 importance~~should be the primary benchmark for all procedures, measures and strategies which have a bearing on the rights and lives of children;

Amendment 47 #

Motion for a resolution
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 importance~~must be scrupulously respected in the best interests of the child;

Amendment 48 #

Motion for a resolution
Recital F

~~F. whereas more work should be done in order to prevent prospective parents interested in adoption from being exploited by unscrupulous intermediary organisations;~~deleted

Amendment 49 #

Motion for a resolution
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 5 #

Motion for a resolution
Citation 3 a (new)

– having regard to the Vienna Convention on Consular Relations of 24 April 1963,

Amendment 50 #

Motion for a resolution
Recital F

F. whereas more work should be done in order to prevent prospective parents interested in adoption from being exploited by unscrupulous intermediary organisations, and whereas cooperation in combating crime and corruption inside the EU therefore needs to be stepped up in this area as well;

Amendment 51 #

Motion for a resolution
Recital F

F. whereas more work should be done in a determined manner in order to prevent prospective parents interested in adoption from being exploited by unscrupulous intermediary organisations;

Amendment 52 #

Motion for a resolution
Recital F a (new)

Fa. whereas measures need to be adopted to ensure that international activities in this area are undertaken with the aim of preventing the abduction, sale of, or trafficking in children;

Amendment 53 #

Motion for a resolution
Recital F a (new)

Fa. whereas best practices and greater cooperation should be the primary reference for Member States authorities, when dealing with intercountry adoptions and the recognition thereof;

Amendment 54 #

Motion for a resolution
Recital G a (new)

Ga. whereas the placement of siblings in the same adoptive family should be encouraged as far as possible, in order to spare them further trauma arising from their separation;

Amendment 55 #

Motion for a resolution
Recital H

H. ~~whereas~~stressing that the Hague Convention stipulates that recognition of intercountry adoptions is automatic in all signatory states, without the need for any specific procedure for recognition to be effective;

Amendment 56 #

Motion for a resolution
Recital H a (new)

Ha. whereas sometimes Member States create unnecessary bureaucratic obstacles to the recognition of adoptions within the scope of the Convention which are already recognised by another Member State;

Amendment 57 #

Motion for a resolution
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, taking into account the best interests of the child;

Amendment 58 #

Motion for a resolution
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 59 #

Motion for a resolution
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;

Amendment 6 #

Arne GERICKE

Motion for a resolution
Citation 3 a (new)

– having regard to the Annual Report on Human Rights and Democracy in the World 2014 and the European Union's policy on the matter(2015/2229(INI)),

Amendment 60 #

Motion for a resolution
Recital I a (new)

Ia. whereas a refusal to recognise an adoption order that has been legally granted in the country of origin contravenes Article 24 of the 1993 Hague Convention when it would have the effect of causing a loss of rights for the child or discrimination against him or her;

Amendment 61 #

Motion for a resolution
Recital I a (new)

Ia. whereas intercountry surrogacy agreements are against Article 4 of the Hague Convention;

Amendment 62 #

Motion for a resolution
Recital J

~~J. whereas judicial training in the widest sense is key to mutual trust in all areas of law, including that of adoption;~~deleted

Amendment 63 #

Motion for a resolution
Recital J

J. whereas judicial training in the widest sense is key to mutual trust in all areas of law, including that of adoption, and whereas existing EU programmes covering judicial training and support for European judicial networks therefore need to include a stronger focus on juvenile courts;

Amendment 64 #

Motion for a resolution
Recital J

J. whereas ~~judicial training in the widest sense is key to mutual trust in all areas of law, including that of adoption~~the principle of mutual recognition - the 'cornerstone' of judicial cooperation - imposes on Member States the obligation, in principle, to give effect to a judgment or decision originating in another Member State;

Amendment 65 #

Motion for a resolution
Recital J

J. whereas specialised judicial training in the widest sense ~~is key~~contributes to mutual trust in all areas of law, including that of adoption;

Amendment 66 #

Motion for a resolution
Recital J

Ι. whereas judicial training in the widest sense is necessary for and key to mutual trust in all areas of law, including that of adoption;

Amendment 67 #

Motion for a resolution
Recital J a (new)

Ja. whereas the principle of mutual trust between the Member States is key in Union law; whereas the principle of mutual recognition, which is based on mutual trust, obliges Member States to give effect to a judgment or decision originating in another Member State;

Amendment 68 #

Motion for a resolution
Recital J a (new)

Ja. whereas the principle of mutual trust between the Member States is of fundamental importance in Union law, given that it allows an area without internal borders to be created and maintained;

Amendment 69 #

Motion for a resolution
Recital J b (new)

Jb. whereas the principle of mutual recognition - the 'cornerstone' of judicial cooperation which is based on mutual trust - means in particular that Member States are in principle obliged to give effect to a judgment or decision originating in another Member State;

Amendment 7 #

Motion for a resolution
Citation 4 a (new)

– having regard to "Issue paper on Adoption and Children: A Human Rights Perspective", published by the Council of Europe Commissioner for Human Rights, in particular section II on Respecting children's rights in the adoption procedure,

Amendment 70 #

Motion for a resolution
Recital K

K. whereas citizens do not have access to comprehensive information on the legal and procedural aspects of domestic adoption in Member States, and whereas in this connection e-Justice systems could be implemented in a number of areas of particular interest to the general public, including adoption and juvenile law,

Amendment 71 #

Motion for a resolution
Recital K

K. whereas citizens still do not ~~hav~~enjoy appropriate access to comprehensive information on the legal and procedural aspects of domestic adoption in Member States,

Amendment 72 #

Motion for a resolution
Recital K

K. whereas citizens ~~do not have~~should be given better access to comprehensive information on the legal and procedural aspects of domestic adoption in Member States,;

Amendment 73 #

Motion for a resolution
Recital K

K. whereas citizens unfortunately do not have access to comprehensive information on the legal and procedural aspects of domestic adoption in Member States,

Amendment 74 #

Motion for a resolution
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 encouraged to cooperate more closely in that forum, and whereas efforts to do so could include involving them in existing EU-funded judicial training schemes;

Amendment 75 #

Motion for a resolution
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 encouraged~~and 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 76 #

Motion for a resolution
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 encouraged to cooperate and coordinate activities more closely in that forum;

Amendment 77 #

Motion for a resolution
Recital L

Amendment 78 #

Motion for a resolution
Recital L a (new)

La. whereas a good balance needs to be struck between the right of the adopted child to know its true identity and the right of the biological parents to protect theirs;

Amendment 79 #

Motion for a resolution
Recital M

M. whereas ~~more needs to be done to prevent the cross-border trafficking of children for the purpose of adoption~~the EU most lose no time in stepping up efforts to combat the despicable cross-border trafficking of children for the purpose of adoption, focusing both on criminal enforcement and on cooperation in information sharing between police forces;

Amendment 8 #

Motion for a resolution
Citation 4 a (new)

– having regard to the Issue Paper of the Commissioner for Human Rights on Adoption and Children: a Human Rights Perspective, published on 28 April 2011,

Amendment 80 #

Motion for a resolution
Recital M

M. whereas more needs to be done to prevent the cross-border trafficking of children for the purpose of adoption; whereas more needs to be done to improve the proper and efficient implementation of existing rules and guidelines in order to avoid trafficking of children;

Amendment 81 #

Motion for a resolution
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 82 #

Motion for a resolution
Recital M

M. whereas more needs to be done to prevent the cross-border trafficking of children, such as surrogacy, for the purpose of adoption;

Amendment 83 #

Motion for a resolution
Recital M

M. whereas more needs to be done to prevent the cross-border trafficking of children, such as surrogacy, for the purpose of adoption;

Amendment 84 #

Motion for a resolution
Recital M

M. whereas more needs to be done to prevent the cross-border and illegal trafficking of children for the purpose of adoption;

Amendment 85 #

Motion for a resolution
Recital M

M. ~~whereas more needs to be done to prevent the cross-border trafficking of children for the purpose of adopt~~(Does not affect the English version;)

Amendment 86 #

Motion for a resolution
Recital M a (new)

Ma. whereas, adhering to the respect for diversity among Member States, also recognised by Union law in the broad sense, and the principles of subsidiarity and proportionality there is a need for proper assessment and modernisation of existing rules and regulations, best done through the sharing of information and best practises with other Member States, in order to provide for the highest protective standards for children;

Amendment 87 #

Motion for a resolution
Recital M a (new)

Ma. whereas obtaining the child’s consent to adoption should be considered whenever possible where, under the laws of the country of origin, the child has sufficient understanding;

Amendment 88 #

Motion for a resolution
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 89 #

Motion for a resolution
Recital N a (new)

Na. whereas the European Union respects diversity among Member States as a value in itself reflected in the Union motto 'United in Diversity' and whereas Union law recognises diversity in the broad sense, being based on general principles, such as the principle of conferral, and on more specific clauses in the Treaties, such as Article 3(3) TEU, which deal with techniques of accommodating diversity;

Amendment 9 #

Motion for a resolution
Citation 6 a (new)

– having regard to Issue paper on Adoption and Children: A Human Rights Perspective, published by the Council of Europe Commissioner for Human Rights, in particular section II on Respecting children's rights in the adoption procedure,

Amendment 90 #

Motion for a resolution
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 91 #

Motion for a resolution
Recital N a (new)

Na. whereas Article 67 TFEU states that the Union shall respect the different legal systems and traditions of the Member States;

Amendment 92 #

Motion for a resolution
Recital O

~~O. whereas the European Union does not have competence to take decisions affecting the substantive law on adoptions of the Member States;~~deleted

Amendment 93 #

Motion for a resolution
Recital O

O. whereas the European Union does ~~not~~ have competence to take ~~decisions affecting the substantive law on adoptions of~~measures aimed at enhancing judicial cooperation between the Member States;

Amendment 94 #

Motion for a resolution
Recital O a (new)

Oa. whereas public policy exemptions serve to safeguard the identity of the Member States, which is reflected in the substantive family law of Member States;

Amendment 95 #

Motion for a resolution
Recital O a (new)

Oa. whereas public policy exemptions serve to safeguard the identity of the Member States, which is reflected in the substantive family law of Member States;

Amendment 96 #

Motion for a resolution
Recital P

P. whereas there is currently no European provision for the recognition ~~– whether automatic or otherwise –~~ of domestic adoption orders, i.e. concerning adoptions which are carried out within a single Member State;

Amendment 97 #

Motion for a resolution
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;deleted

Amendment 98 #

Motion for a resolution
Recital Q

Q. whereas the ~~absence of such provisions causes~~re are 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, resulting from non- conform implementation of rules and guidelines or incompatibilities with another Member State’s civil law provisions;

Amendment 99 #