profil d’État pour l’adoption internationale État...

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ADOPTION Doc. prél. No 3 A Prel. Doc. No 3 A mars / March 2010

PROFIL D’ÉTAT POUR L’ADOPTION INTERNATIONALE ÉTAT D’ORIGINE

établi par le Bureau Permanent

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COUNTRY PROFILE FOR INTERCOUNTRY ADOPTION STATE OF ORIGIN

drawn up by the Permanent Bureau

Document préliminaire No 3 A de mars 2010 à l’intention de la Commission spéciale de juin 2010 sur le fonctionnement pratique de la Convention de La Haye du 29 mai 1993 sur la protection des enfants et

la coopération en matière d'adoption internationale

Preliminary Document No 3 A of March 2010 for the attention of the Special Commission of June 2010 on the practical operation of the Hague Convention of 29 May 1993 on Protection of Children and

Co-operation in Respect of Intercountry Adoption

PROFIL D’ÉTAT POUR L’ADOPTION INTERNATIONALE ÉTAT D’ORIGINE

établi par le Bureau Permanent

* * *

COUNTRY PROFILE FOR INTERCOUNTRY ADOPTION STATE OF ORIGIN

drawn up by the Permanent Bureau

Country Profile – State of origin 3

[Lithuania] LAST UPDATED: 2010

The Hague Convention of 29 May 1993 on Protection of Children and

Co-operation in Respect of Intercountry Adoption: Date of ratification or accession:07/11/97 Objections to accession made by: Date of entry into force:01/08/98

Contact information of Central Authority: Name of office: State Child Rights Protection and Adoption Service under the

Ministry of Social Security and Labour of the Republic of Lithuania (futher in text - the Service)

Address: Sodu str. 15, LT-01313 Vilnius, Lithuania Telephone: +370 5 231 0928 Fax: +370 5 231 0927 E-mail: [email protected] Website: www.ivaikinimas.lt Contact Person(s): Odeta Tarvydiene If your State has appointed more than one Central Authority, please provide contact information for each of these Central Authorities: 1. ROLE OF AUTHORITIES AND BODIES IN ADOPTION

1.1 Central Authority Describe briefly the functions of the Central Authority(ies) (e.g., see Arts 6-9; and Arts 14-21 if accredited bodies are not used). The Service functions are: 1. to organize national and intercountry adoption; 2. to co-ordinate the activities of the Municipality Child Rights Protection Services in

the sphere of adoption; 3. to organise the training and certification of specialists who perform the training

and assessment of the readines of guardians and prospective adoptive parents;

STATE OF ORIGIN

COUNTRY PROFILE FOR INTERCOUNTRY ADOPTION


4. to protect the rights and legitimate interests of the children eligible for adoption; 5. to decide on the authorisation of foreign authorities in respect of intercountry

adoption in the Republic of Lithuania; 6. to ensure a compliance with the provisions of Lithuanian legislation and

international treaties which regulate adoption and to which the Republic of Lithuania is a contracting party;

7. to collect, analyse and protect information about adoption; about children, previously permanent residents of the Republic of Lithuania, who have been adopted by the citizens of the Republic of Lithuania and by foreign nationals;

8. to collect and analyse information about national and foreign legislation that regulates adoption;

9. to co-operate with foreign central authorities or their accredited institutions in the field of adoption and children’s rights protection.

1.2 Public authorities and competent authorities Describe briefly the role of any public authorities and competent authorities including courts (e.g., see Arts 4, 5, 9 and 22). Municipality Child Rights Protection Service prepares and sends information about

the adoptable child and his or her biological family to the Service which is repsonsible for the register of adoptable children. Also it has to submit to the cour the conclusion whether the adoption is in the best interests of the adoptable child.

Parish courts of Lithuania are competent to take decisions to deprive parental rights, to approve the consent of the child's parents or guardian (caregiver) to adopt the child, also takes the decision in local adoption cases.

If the child is placed under the guardianship of the State Care institution (Children Home), it is neccesary to get its consent for the child's adoption. The State Care institution also prepares information about the adoptable child (child's special needs, medical history).

Vilnius District Court takes the final decision in intercountry adoption cases. 1.3 Bodies / Persons involved in the adoption process

a) Under Article 13 (national accredited bodies):

If your State has accredited its own adoption bodies, please indicate the number and describe their role.

There aren't national accredited bodies. b) Under Article 12 (authorised foreign accredited bodies):

i. If your State has authorised any foreign accredited bodies to work with, or work in, your State please indicate the number and describe their role.

There are 13 authorised foreign accredited bodies in Lithuania (4 Italy, 3 USA, 1 - Sweden, France, Germany, Spain, New Zealand and Canada).

Under the Order of the Specification of the Procedure for Granting Authorization to Foreign bodies in respect of inter-country adoption in the Republic of Lithuania the authorized foreign accredited body shall carry the following functions:

1. to represent the family that wish to adopt a child during the adoption process; 2. to inform the PAPs who wish to adopt a child in Lithuania about the adoption

procedures and requirements in the Republic of Lithuania and provide professional consultations;

3. to help the PAPs to prepare documents necessary for the family to be included in the list of citizens of the Republic of Lithuania permanently residing abroad and foreigners wishing to adopt a child and, having ascertained that the applicants are fully prepared for adoption, devise a document in compliance with Article 15 of the Hague Convention;

4. to provide the PAPs with all the necessary information regarding the child’s social


status, development and health; 5. to confirm that the child has been, or will be, granted a permit for entering the

receiving country and permanent residence in the country; 6. to exchange information about adoption process and measures taken with the

Service; 7. to follow the pre-trail procedure for adoptable children with special needs; 8. to provide the Service with a feedback on the adopted children (during the first 2

years after adoption – every 6 months, during the following 2 years – once a year, after 4 years after adoption – upon request from the Service), that consists of reports of the prescribed form about the adopted child’s integration into the family, living conditions, development and state of health and visual material.

The authorized foreign accredited body shall properly, honestly and in time perform

the following duties: 1. obey the laws of the Republic of Lithuania and other Lithuanian and international

legislative acts; 2. gain no illegal financial benefit or unreasonably high remuneration for the

services rendered; 3. inform the Service about plans to change the authorized representative; 4. every year, no later than 31 January, provide a report on the activity in the

Republic of Lithuania during the last calendar year to the Service. ii. Is the Permanent Bureau informed of the names and contact details of

the foreign accredited bodies authorised to work with, or work in, your State?

No. c) Under Article 22(2) (approved (non-accredited) persons):

Please indicate if your State permits the activity of approved (non-accredited) persons or whether your State has made a declaration against the involvement in your intercountry adoptions of such persons (as mentioned in Art. 22(4)).

According to the laws of Lithuania the approved (non-acredited) persons cannot act in the field of intercountry adoption.

1.4 Accreditation and authorisation

Did your State complete the Questionnaire of 2009 on accredited bodies? If so, the Permanent Bureau will provide the link to your response on its website. Yes

1.4.1 Accreditation (Arts 10-11)1

If your State has accredited its own adoption bodies:

a) Are they involved with national adoptions or intercountry adoptions or both?

N/A b) What is the name of the authority / body responsible for accreditation of national

adoption bodies? N/A c) Describe briefly the process of granting accreditation to national bodies and the

most important accreditation criteria. Provide a link to more detailed information. N/A

1.4.2 Authorisation (Art. 12)2

1 “Accreditation” is the procedure to license adoption agencies according to the standards in the Convention

so they may assist in arranging Convention adoptions. Adoption agencies with accreditation are “accredited bodies”.


a) Provide details of the authority / body responsible for authorisation of foreign

accredited bodies to work with, or work in, your State. Recommendation to grant or reject authorization to a foreign institution in

respect of inter-country adoption in the Republic of Lithuania is drawn by a Commission formed by an order of the Minister of Social Security and Labour. The Commission consists of three representatives of the Ministry of Social Security and Labour, one of them appointed as Chairperson. This Commission revises the presented documents of accredited foreign body and issues the recomendation on authorization. The final decision under the recommendation of the Commission mentioned above shall be taken by the director of the Service.

(see The Order of the Minister of Social Security and Labour of the Republic of Lithuania on the Amendment to the Order No.A1-162 of 3 June of the 2005 of the Order of the Minister of Social Security and Labour of the Republic of Lithuania on the Approval of the Specification of the Procedure for Granting Authorization to Foreign Institutions in respect of Inter-country Adoption in the Republic of Lithuania; http://www.ivaikinimas.lt/document_db/tfiles/319.doc)

b) Does your State use any special criteria or conditions to decide on a request for authorisation? Please provide a copy of the criteria or a link to more detailed information

A foreign accredited institution seeking to get authorization in respect of inter-country adoption in the Republic of Lithuania shall submit to the Service the following documents:

1. Incorporation documents; 2. Document issued by a competent authority of the receiving country confirming

accreditation in respect of inter-country adoption; 3. Recommendation issued by a competent authority of the receiving country that

granted accreditation in respect of inter-country adoption; 4. Filled questionnaire confirming awareness of inter-country adoption procedures

in the Republic of Lithuania and receiving country; 5. Information about activity in which the institution is engaged; 6. Plan of envisaged activity in respect of inter-country adoption in the Republic of

Lithuania. 7. Information about services that the institution is planning to render for

prospective adoptive families and tariffs; 8. Details about an authorized representative of the foreign institution in the

Republic of Lithuania (hereinafter referred to as the Authorized Representative): - a copy of an identification document, verified in accordance with the procedure set forth by legislative acts of the Republic of Lithuania, in case of a foreign national – a copy of a permit for temporary or permanent residence in the Republic of Lithuania or a permit of a citizen of a member state of the European Community to reside, or reside permanently, in the Republic of Lithuania,

- a copy of a document confirming that the person is representing a foreign institution,

- copies of documents showing the person’s qualifications and work experience, - certificate issued by a competent authority in respect of the person’s criminal

records, - CV and references that would allow to judge about the person’s moral and ethic

background that is necessary for work in the field of inter-country adoption. The selection of the foreign institutions was made according to these criteria: 1. the status of foreign institution, recommendation of the Central Authority of the

Receiving State; 2. the experience in the field of the intercountry adoption;

2 “Authorisation” is the procedure required by the Convention when an accredited body (usually in a receiving

State) wishes to work in or with another country (the State of origin). Both States must give their authorisation.


3. the experience in the field of the intercountry adoption from Lithuania; 4. the children adopted during the years, the special attention to special needs

children; 5. the number of PAPs willing to adopt in Lithuania (for example there are not a lot

of PAPs from Sweden so there is no need to have several authorized institutions in that state);

6. the adoption procedure in the receiving state, for example if in the receiving state the PAPs are allowed to go through Central Authority or the accredited body there is no need to authorize several foreign institutions from that state (for example there is 1 authorized institution in France, Spain and Germany), but if the receiving state obliges the PAPs to go only through the accredited bodies several foreign institutions shall be authorized (for example there are 4 authorized institutions in Italy and 4 in the USA).

7. the services provided to PAPs and their taxes; 8. the representative of foreign institution in Lithuania. c) If your State does not use special criteria to make a decision, on what basis are

decisions of authorisation made? N/A d) Describe briefly the process of authorisation of foreign accredited bodies.

The foreign accredited body shall submitt all documents to the Service. During 3 months from receiving the documents the Service shall assess them and

together with its conclusion regarding suitability of the foreign institution shall submit them to the Commission. The Service shall send a copy of the Conclusion to the foreign institution seeking to get authorization.

Recommendation to grant or reject authorization shall be drawn by the above mentioned Commission. The Commission consists of three representatives of the Ministry of Social Security and Labour, one of them appointed as Chairperson.

A hearing of the Commission shall be held valid if all members of the Commission are present. The Chairperson of the Commission shall appoint the date, time and venue of the hearing and no later than 1 month prior to the hearing shall notify about that the foreign institution seeking authorization and the Service.

It is mandatory that the following persons take part in the hearing: a representative and an authorized representative of the foreign institution seeking authorization, an interpreter if necessary, and a representative of the Service.

The Commission during the hearing shall assess the documents submitted by the foreign institution and its representative, ability to carry out tasks given to them and having regards to the Conclusion of the Service shall issue a recommendation to grant or reject authorization.

If the recommendation is negative, the reasons shall be given. Recommendation shall be approved by an ordinary majority of votes of the Commission members. Minutes of the hearing of the Commission shall be taken. Representatives of the Service and foreign institution as well as the authorized representative shall sign the Minutes to show they are familiar with the content.

Having regards to the Commission’s recommendation, the Director of the Service, no later than within 5 working days from reception of recomendation, shall pass a resolution to grant or not to grant authorization by issuing an Order. The Director of the Service may pass a resolution irrespective of the Commission’s Recommendation; in such case the resolution shall be motivated and well grounded. The Chairperson of the Commission shall be notified of such resolution in written.

On the ground of the Order on Granting Authorization to the Foreign Institution in Respect of Inter-Country Adoption in the Republic of Lithuania a certificate shall be issued to the foreign accredited body confirming that it is authorized in Lithuania.

If authorization is not granted, the foreign accredited body may reapply for authorization in respect of inter-country adoption in the Republic of Lithuania


when reasons that caused rejection of authorization cease to exist.

e) Describe the tasks entrusted to the foreign accredited bodies. The authorized foreign institution shall properly, honestly and in time perform

the following duties: - obey laws of the Republic of Lithuania and other Lithuanian and international

legislative acts; - gain no illegal financial benefit or unreasonably high remuneration for the services

rendered; - inform the Central Authority about plans to change the authorized

representative; - every year, no later than 31 January, provide a report on the activity in the

Republic of Lithuania during the last calendar year to the Adoption Service. The functions of the accredited foreign institution are prescribed in the part 1.3 b) f) Is it mandatory for the foreign accredited bodies to have a “representative”?

What functions does that person perform? Yes. The representative carries the following functions: - represent the family that wish to adopt a child during the adoption process; - inform the PAPs that wish to adopt a child in Lithuania of the adoption procedures

and requirements in the Republic of Lithuania and provide professional consultations;

- help the PAPs prepare documents necessary for the family to be included in the list of citizens of the Republic of Lithuania permanently residing abroad and foreigners wishing to adopt a child and, having ascertained that the applicants are fully prepared for adoption, devise a document in compliance with Article 15 of the Hague Convention;

- provide the prospective adoptive parents with all the necessary information regarding the child’s social status, development and health;

2. CHILDREN PROPOSED FOR ADOPTION

a) In your State, what is the average profile of the child in need of intercountry adoption (e.g., age, sex, state of health)?

The average profile of child in need of intercountry adoption is children over 6 years old, children with serious health problems, big sibling groups (3 and more children).

b) If your State places any limits on the number of Prospective Adoptive Parents files accepted from receiving States, on what basis are those limits decided?

According to the Order of the Minister of Social Security and Labour of the Republic of Lithuania (17th of July 2006, No. A1-195) the authorised foreign body or the Central Authority of the receiving country within a calendar year may not submit more than 2 applications of families or persons to adopt a child (children) under 6 years old.

2.1 Adoptability of a child (Art. 4 a)) a) Which authority is responsible for establishing that a child is adoptable? State Child Rights Protection and Adoption Service under the Ministry of Social

Security and Labour of the Republic of Lithuania b) What are the conditions or criteria to establish that a child is adoptable? According the Lithuanian legal acts a child is adoptable if: 1) both parents or the only parent is dead;


2) both parents or the only parent is declared dead by the court; 3) parents or the only parent is declared legally incapable in the established

procedure; 4) parents are unknown; 5) parents or the only parent deprived of parental rigths; 6) parents or the only parent gives a written consent, approved by the court, for

the adoption of the child; 7) the guardian (caregiver) of minor or legally incapable parents gives a written

consent, approved by the court, for the adoption of the child; 8) the guardian (caregiver) (except for the State children's care institution), upon

arising of the grounds (enumerated in clauses 1-7) gives a written consent approved by the court, for the adoption of the child;

9) Age – from 3 months to eighteen years. Intercountry adoption is possible only if during six months from the registration of the child in the list of adoptable children family of the Lithuanian nationals wishing to adopt or foster the concrete adoptable child was not found.

10) Separation of siblings through adoption shall be allowed only in exceptional cases where it is needed for health reasons or where the siblings have already been separated and there are no possibilities to ensure their life together.

11) Adoption may be effected only with the consent of the parents. The consent of the parents of the child to be adopted shall not be required if the identity of the parents is not known, if they are dead, if the parents are legally incapable, or if the parental rights has been deprived for an unlimited period.

12) Where the adoptable child has already reached the age of 10, the child’s consent to the adoption filed with the court shall be required. Where the child is under 10, the court must take account of the child’s wishes if the child is capable of expressing his/her views and if those wishes are not contrary to the child’s interests.

c) Describe any procedures directed at establishing whether or not a child is

adoptable, such as the search for the birth family and use of a central register of adoptable children.

When a child loses parental care the municipal child rights protection service searches for the close relative’s family who can take care of him or her.

There are social workers who provide social services for biological family of the child. If the situation in the family changes the court can rule the decision to return child to the biological family. According to the Civil Code of the Republic of Lithuania the biological parents can revoke their consent for adoption until the adoption procedure had been completed. Adoption is possible only in the best interest of the child. When all possible measures to return the child to his or her biological family had been exhausted, the adoption as alternative measure is considered. The Municipal child rights protection service send the information about the adoptable child to the Service. This information includes data about child’s parents, brother/sisters, their relations, the child’s life story, data about health, special needs, and legal status. The Service inscribes a child in the central register of adoptable children.

2.2 Best interests and subsidiarity principles (Art. 4 b)) Which authority determines, after considering the subsidiarity principle, that an intercountry adoption is in the child’s best interests? How is that decision reached (e.g., by using certain legal criteria) and at what stage of the procedure? According the Civil Code intercountry adoption is possible only if during 6 month period since inclusion of a child into the register of adoptable children, the local adoptive or foster family had not been found. The Service within 6 months after the child was entered in the register of adoptable


children arranges the Inter-institutional Adoption Commission meeting, which takes the recommendation if he international adoption is in the best interest of the concrete child. The Service takes into account the recommendation and decides whether international adoption is in the best interests of the child. 2.3 Counselling and consent (Art. 4 c) and d)) a) Describe the procedure for counselling and informing the birth mother / family

about the consequences of the adoption and obtaining their consent. The parents' written consent confirmed by the court shall be required to

adoption. If parents of the adoptive child are minors or legally incapable, it shall be required to obtain their parents' or guardians' (caregivers') written consent, approved by the court.

The consent of the parents of the child to be adopted shall not be required if the identity of the parents is not known, if they are dead, if the parents are legally incapable, or if the parental rights has been deprived for an unlimited period. The parents may revoke their consent to adoption before a court judgement is made on the adoption of the child.

The parents may request the court to revoke the restriction of the parents’ authority before a court judgement is made on the adoption of the child.

Parents (or their guardians) are informed about the concequences of adoption during court hearing (hearing to confirm the consent for adoption or hearing of parental rights restriction for an unlimited time period).

b) Describe the circumstances in which the child’s consent to the adoption is required.

Where the adoptable child has already reached the age of 10, the child’s consent to the adoption filed with the court shall be required. Where the child is under 10, the court must take account of the child’s wishes if the child is capable of expressing his/her views and if those wishes are not contrary to the child’s interests. If the adoptive child is ten years of age, it shall be required to have his/her written consent to be adopted. The child shall give his/her consent to the court. It is not permitted to adopt a child without such consent.

Also the Service before taking decision that intercountry adoption is in the best interest of the child seeks to determine the child's wishes, opinion and always takes this into account during the matching procedures.

2.4 Children with special needs a) Describe what is meant by “children with special needs” in your State. Special needs children – are children: 1. with serious or incurable medical condition, which is certified by a health

certificate issued by a medical institution and a certificate filled in by the child’s guardian;

2. older than 8 years of age; 3. a sibling group of at least three who are referred for adoption together; 4. children close to their siblings who do not agree to be adopted or who can not

be adopted together. Currently, the majority of children eligible for adoption by foreign nationals are

special needs children. The Service encourages competent authorities of all receiving States to provide training for families that can adopt such children. Special needs children adoption programme is implemented in co-operation with authorized foreign bodies involved in finding families, providing information and training as well as post-adoption services for them.

b) What, if any, procedures do you have to expedite the adoption of children with special needs?

Since 2007 there is the Specification of special procedure regarding the adoption of special needs adoptable children. The objective of this Specification is to


ensure the right of each and every child to be raised in a family irrespective of the child’s age, health or social origin by allowing foreign institutions authorised in respect of intercountry adoption in the Republic of Lithuania to search for families ready to adopt special needs children from the register of special needs adoptable children. Mandatory conditions of the procedure regarding the adoption of special needs adoptable children:

1. special needs adoptable children may be referred for adoption according to this Specification only if such children cannot be placed under guardianship or adopted in the Republic of Lithuania;

2. information about special needs adoptable children may be provided only to authorised foreign bodies;

3. decisions on entering concrete child into the register of special needs adoptable children, the suitability of a family to adopt a child with special needs, and the termination of the procedure of the adoption of a special needs adoptable child are made by the Service.

Referral of special needs adoptable children: 1. Having assessed that the child meets at least one of the criteria applicable to

special needs adoptable children the Service shall make a decision to enter this child into the register of special needs adoptable children and shall provide the child with the code.

2. The register has to state the following information about the special needs child eligible for adoption:

2.1. the code of the adoptable child provided upon the child’s entry into the register of adoptable children;

2.2. the code of the special needs adoptable child consisting of a letter (M for a girl, B for a boy, G for a sibling group) and a number in ascending order (M1, M2, M3, etc.);

2.3. the date of the entry of the child into the register; 2.4. the child’s name; 2.5. the child’s sex; 2.6. the child’s date of birth; 2.7. information about the child’s health; 2.8. special needs of the child. 3. The Service shall provide the information about adoptable children to the

representatives of the authorised foreign bodies and shall state the deadline for submitting information about families ready to adopt a particular child.

4. Having received the list of special needs adoptable children, authorised foreign body shall search for a family ready to adopt a particular child.

5. Having found a family ready to adopt a child with special needs, the authorised foreign body shall provide the Service with information about how this family will meet the special needs of that child, and about measures intended to help the child adapt to the new environment. If the family is not entered into the register of foreign nationals or of Lithuanian nationals residing abroad, the authorised foreign body shall also provide the Service with family identifying information consisting of information about the family, the social environment, the ability to raise a child and reasons for adoption, and a copy of an adoption permit issued by competent authorities.

6. Having received information about the family and having assessed the family’s ability to meet the special needs of the child, the Service shall make the decision regarding the family’s suitability to adopt the particular child with special needs within seven calendar days from the deadline established under Item 3.

7. If the Service receives information about several families ready to adopt the same child with special needs before the deadline established under Item 3, the Service shall consider the age and health of adult family members, the living conditions, the mode of life and the ability to meet the special needs of the child, shall select the family best suited to meet the best interests of the child and shall make a decision regarding its suitability to adopt a child with special needs


within the time period specified under Item 6. The Service shall convey the motives behind the decision made to all authorised foreign bodies that supplied information about the families ready to adopt the same child with special needs.

8. Information about the family ready to adopt a particular child with special needs may be provided after the deadline specified under Item 3; however, this information should be provided within six months of the date of sending the waiting list of special needs children eligible for adoption by the Service. In this case the Service shall make a decision regarding the family’s suitability to adopt the particular child with special needs within three working days from the receipt of information about the family ready to adopt the child with special needs.

9. Having made a decision regarding the family’s suitability to adopt a child with special needs, the Service shall inform authorised foreign body that the referral of this particular child with special needs is terminated.

10. The representative of the authorised foreign body representing the family that the Service recognised suitable to adopt the child with special needs shall have the right to receive the identifying information, also information about the child’s social origin, health and development, and to meet the child.

11. The authorised foreign body shall have to notify the Service about the family’s decision to adopt the particular child within 14 calendar days from the receipt of the identifying information and information about the child’s social origin, health and development. In exceptional cases the Service may extend this deadline.

14. If the interest in the adoption of the child with special needs is expressed by a family not entered into the register of foreign nationals or of Lithuanian nationals residing abroad, the authorised foreign body shall provide the Service with documents pertaining to the family within two months from the termination of the referral of the child with special needs. In exceptional cases the Service may extend this deadline.

15. Having received documents pertaining to the family wishing to adopt the particular child with special needs, the Service shall enter this family into the register list of foreign nationals or of Lithuanian nationals residing abroad following the procedure prescribed by the Procedure for Registry of Adoption.

16. If the authorised foreign body fails to provide the Service with documents pertaining to the family within the time period specified under Item 14 or if it submits the refusal of the family to adopt the special needs child, the procedure of the referral of the child with special needs shall be renewed.

17. When several families wish to adopt a sibling group or when a family wishes to adopt a child with special needs who is close to his/her siblings who do not agree to be adopted or who cannot be adopted, the authorised foreign body shall undertake to ensure that the siblings keep in touch and communicate in future.

18. Considering the special needs of the child, the Service may request that the family arrives to meet the child. By communicating with the Service and with the child’s guardian, the authorised foreign body must provide best possible conditions for the child to get in touch with the family wishing to adopt him/her.

19. If a family refuses to adopt the special needs child regarding whom it was entered into the register of foreign nationals or of Lithuanian nationals residing abroad, this family shall be excluded from this register without any prior notice.

20. If a family is entered into the register of foreign nationals or of Lithuanian nationals residing abroad in relation to the adoption of the particular child with special needs, and if it cannot continue the adoption procedure because of the reasons related to that child (the child becomes no longer adoptable or refuses to be adopted), at its request this family is kept in the register list of foreign nationals or of Lithuanian nationals residing abroad.

21. If authorised foreign bodies fail to provide information about the family ready to adopt the particular child with special needs within six months from the date of sending the register of special needs adoptable children for adoption by the Service, the Service shall make a decision regarding the possibility to continue


the procedure of the adoption of this particular child. 22. The procedure regarding the adoption of the special needs adoptable child

shall be terminated and the child shall be excluded from the register of special needs adoptable children, if:

22.1. the adoption is not to the best interests of the child because of his/her age, health or any other reason, and the child’s guardian proposes to terminate the adoption procedure of this child;

22.2. the child refuses to be adopted; 22.3. reasons because of which the child was entered into the waiting list of

special needs children eligible for adoption no longer exist; 22.4. the child becomes ineligible for adoption. 2.5 Preparation of the child a) If there is a procedure for the preparation of the child for the adoption, please

provide details. There are no certified procedure, it depends on a caregiver. b) At what stage(s) is the preparation done? Who does it? The preparation of the child for adoption is done by caregiver. It usually

begins after establishing that a child is adoptable. 3. PROSPECTIVE ADOPTIVE PARENTS (PAPS)

3.1 Eligibility criteria for foreign PAPs

a) Profile of PAPs

Married couples

Yes If yes, are any conditions imposed (e.g., length of marriage)? There are not any special conditions.

Unmarried couples or registered partnership

No If yes, are any conditions imposed (e.g., length of the relationship)?

Woman

Yes If yes, are any conditions imposed? An exception may be applied if none married person wishes to adopt a concrete child and there are no married couple wishing to adopt this child or such adoption would not be in the best interests of the child.

Single person

Man

Yes If yes, are any conditions imposed? An exception may be applied if none married person wishes to adopt a concrete specific child and there are no married couple wishing to adopt this child or such adoption would not be in the best interests of the child.


Same sex couples No If yes, are any conditions

imposed?

b) Age requirements

Minimum age Yes

If yes, please specify The prospective adoptive parents must be adults - not younger than 18 years.

Maximum age Yes

If yes, please specify The adoptive parents maximum age is 50 years. In exceptional cases the court may allow an older person to adopt. The court can make an exception with the view to the best interests of the child, also considering specific circumstances of the case, e.g. when a child is being adopted by two spouses one of which meets the age requirement and the other exceeds the age requirement but is of a satisfactory physical and mental condition and is capable of bringing up the adoptee; when prospective adoptive parents who are older than 50 wish to adopt an older child (e.g. eight years of age or older) or a child that was in their care for a relatively lengthy period of time; when the prospective adoptive parents and the adoptee are related; when the adoptee is the spouse’s child.

Difference (in years) required between the PAPs and the child:

Yes

If yes, please specify Age difference between the adopter and the adoptee shall be at least eighteen years. Where a person adopts a child of his/her spouse, the age difference may be reduced by the court to fifteen years.

c) Other criteria

Couples with children (biological or adopted)

Yes

If yes, are any conditions imposed? Families having their children shall also have the right to adopt. But we always recomend that they would adopt a younger child than their own child.


Infertility certificate No Yes Other If yes, please specify PAP's must meet the requirements established by the receiving State, and they must be recognised as suitable to adopt.

3.2 Preparation and counselling of PAPs

Does your State require that PAPs in the receiving State have preparation and / or counselling about intercountry adoption? Yes. According to the Art. 3.210 of the Civil Code of the Republic of Lithuania the

adoptive parents can be adults, properly prepared for adoption. There are no legal requirements for the preparation. That depends on the orders of the receiving states.

4. DOCUMENTS REQUIRED TO SUBMIT AN APPLICATION TO ADOPT

a) To which authority / body is the PAPs adoption file submitted? PAPs must apply to a Central Authority or an authorized foreign body of the

family’s habitual residence with an application for adoption. One of these institutions shall submit the PAPs file to the Service.

b) Please indicate whether the following documents are required:

An application form for adoption completed by the PAPs A statement of “approval to adopt” issued by a competent authority Report on the PAPs including the “Home study” and other personal evaluations (Art. 15) Copies of passports of PAPs or other personal identification documents Copies of birth certificates of PAPs and of other children residing with them A copy of the marriage certificate (if married couple), divorce certificate (if either or both of the PAPs is divorced) or death certificate of the spouse (if one of the PAPs is widowed) Health certificates Evidence of the financial circumstances of the family Employment certificate Proof of no criminal record

Please specify any other documents that are required:

Information letter introducing the prospective adoptive parents issued by the Central Authority or an authorized fireign body. c) If applicants apply through an accredited body, are the following documents

required?

Power of attorney issued by the family to the accredited body (e.g., a contract signed by an accredited body and the PAPs) A document issued by a competent authority of the receiving State and certifying that the accredited body may engage in intercountry adoption

4.1 Language(s) in which the documents must be submitted


Please specify. All documents shall be translated into the Lithuanian language; such translations

shall be notarised. Only properly prepared documents shall be considered.

4.2 Legalisation / Authentication

a) Which documents need to be legalised? All documents shall be legalised. b) Is your State a party to the Hague Convention of 5 October 1961 Abolishing the

Requirement of Legalisation for Foreign Public Documents (Hague Apostille Convention)?

Yes

5. THE ADOPTION PROCEDURE

5.1 Report on the child (Art. 16(1) a))

a) Who prepares it? The Service prepares and provides a report on the child.

b) What information is or should be included? Information about biological parents, the social origin, health and development

of the child, legal status. If the PAP's need more information about child health state they may request additional information. Costs related to additional health tests shall be borne by the family.

c) What documents does it contain? Medical certificates, characterizations, photos and etc.. d) Is there a standard form used by your State for the report? Yes

e) Does your State use the “Model Form – Medical Report on the Child” and the “Supplement to the general medical report on the child” (see Guide to Good Practice No 1 – Annex 7, available on Hague Conference website)?

No

f) After the matching is accepted, do the PAPs receive regular information about the child and his / her development during the adoption procedure? If yes, who is responsible for providing the information?

The PAPs may request additional information about the child. After the matching is accepted the PAPs through the representative of the authorized foreign body may get the information directly from the child's caregiver or the Service.

5.2 PAPs report (Art. 15(2))

a) For how long is the report valid in your State? Documents that are presented to the Service should be not older than one year.

After family is inscribed in the register, family's report is valid as long as in the receiving state.

b) Who receives the PAPs request (including “home study”, report and other documents)?

State Child Rights Protection and Adoption Service


5.3 Matching of the child and the PAPs (Art. 16(1) d) and (2))

a) Who is responsible for the matching of the child and the PAPs? State Child Rights Protection and Adoption Service b) Is preference given to PAPs who have a close connection with your State (e.g.,

citizens who have migrated to a receiving State)? A due consideration is given to the heritage of upbringing, ethnic origin, cultural

background and the native language of the child; therefore, the priority to adopt the child is given to Lithuanian nationals residing abroad and to foreign nationals of a Lithuanian descent. A person is considered as being of a Lithuanian descent if his/her parents or grandparents, or one of the parents or grandparents are/were Lithuanians, and the person considers himself/herself to be Lithuanian.

c) Who notifies the receiving State of the matching?

State Child Rights Protection and Adoption Service

5.4 Acceptance of the match (Arts 17 a) and b))

a) How much time is allowed for the PAPs to decide to accept the match?

Usually 40 days. There is special procedure for special needs children.

b) Does your State require the matching to be approved by the Central Authority of the receiving State and on what conditions?

No

5.5 Agreement under Article 17 c)

a) Which is the competent authority / body that agrees whether the adoption may proceed?

State Child Rights Protection and Adoption Service.

b) When is this agreement given? For example, when the referral is sent? When the PAPs notify their acceptance?

The agreement is given after the PAPs give the consent to adopt a child. The referral procedure is the same. PAPs are informed about that from the time agreement is given.

5.6 Travel of the PAPs

a) What, if any, requirements are imposed on the travel of PAPs to your State? If

there are no restrictions, how does your State ensure that the prohibition on contact in Article 29 is respected?

The outsiders may enter the child care institution only under the permisssion to meet proposed child submited by the Service. Other cases like voluntary work are not controlled.

b) Is it mandatory for one or both the PAPs to travel in person to your State to complete the adoption?

Yes. The adoption case is examined in obligatory presence of both applicants. c) In what circumstances does your State permit an escort to be used to take the

child to the adoptive parents in the receiving State? N/A d) When PAPs have to travel to your State, please specify:

i. Number of trips required to complete the adoption procedure: 1-2. It depends from the PAPs. There is 40 days appeal period after court

decision, so some families stay these 40 days in Lithuania, other come back after the court's decision comes into force.


ii. How long they should stay for each trip? There is no requirement for duration.

iii. At what stage(s) in the adoption process? During the trial.

iv. Other conditions: Usually the Service requires PAPs to come to meet the child before

applying to court, especially when there is an adoption of a special need child.

5.7 Entrustment of child to PAPs (Art. 17) and adoption decree / order

a) Please describe the procedure, if any, to prepare the child for the first meeting with the adoptive parents?

The social workers/psychologists of children home prepares children for the first meeting.

b) After the procedures in Article 17 are completed, what are the arrangements for the physical entrustment of the child to the PAPs?

There are 40 days period after the Court decision in international adoption becomes final (valid). During that period children home gives permission for a child to stay with PAPs. In general there is no special procedure of physical entrustment of the child.

c) Is the adoption order / decree made in your State or in the receiving State? The adoption order is made in Lithuania.

d) If made in your State, for how long is the child placed in the care of the PAPs before the final adoption order / decree is made? Is it permanent or temporary care, full-time or part time care?

There is no requirement for the child to be placed in the care of the PAPs before the final decision is made.

e) If made in the receiving State, what procedures does your State require for the entrustment of the child and the completion of the adoption?

N/A

5.8 Transfer of child to receiving State (Arts 5 c) and 18)

Are there any procedures in your State concerning the transfer of the child? After the court decision the adoptive parents have to change the child birth

certificate, translate and apostill all necessary documents (Court Order and etc.) and submitt them to the embassy. The embassy has to send all documents to the receiving State competent authority in order to give the permission for a adopted child to enter the country.

5.9 Certificate under Article 23

a) What is the competent authority for issuing the certificate under Article 23 in

cases where the adoption order / decree is issued in your State? State Child Rights Protection and Adoption Service under the Ministry of Social

Security and Labour. b) Have the details of the competent authority been sent to the Convention’s

depositary3 (as required by Art. 23(2)) or to the Permanent Bureau? Yes.

3 The depositary of the Convention is the Ministry of Foreign Affairs of the Kingdom of the Netherlands

(Art. 43(2)).


c) Does your State use the “Recommended model form – Certificate of conformity of intercountry adoption” (see Guide to Good Practice No 1 – Annex 7, available on the Hague Conference website)?

Yes

d) Describe the procedure for issuing the certificate. For example, is a copy given automatically to the PAPs? Is a copy sent to the Central Authority of the receiving State? How long does it take to issue the certificate?

The certificate is given to the PAPs directly or through the representative of accredited foreign body. It takes 30 minutes to issue the certificate.

5.10 Duration of adoption procedure

Indicate the average time taken for the different stages of the procedure, beginning with the decision that the child is adoptable. 1. The intercountry adoption by a citizen of a foreign State shall be permitted if there was no application received from a citizen of the Republic of Lithuania to adopt or to take foster care a child within six months from inclusion of this child into the register. At the ending of this 6 month the Service has to renew the information about the child, prepare the report and present it to the Inter-institutional adoption Commission. 2. Within one month this Commission takes the recommendation. 3. Service, taking into account mentioned recommendation, takes the decision to start the international adoption procedures of concrete adoptable child. 4. If the decision is positive during one month Service prepares the information about the child and matches the PAPs, sends information about the adoptable child to the representative of the authorized body (usually by e-mail). 5.During one month PAPs have to take the decision. 6. If they agree to adopt child they have to apply to court. Within 2 month a court appoints the hearing. All procedures in the court (to appoint the hearing, court date, appeal period) take about 3-4 months. 7. After the court’s decision enters into force the family prepares the new child’s documents in one week. The waiting period for PAPs depends on a few circumstances. If they are Lithuanian citizens living abroad, their waiting period is shorter. Also this period depends on the family's wishes for the child age, health state and etc.. If they would like to adopt one child under 8 years the waiting period is about 4 years. The procedures are faster when family is adopting the special needs child. Usually it takes from 6 till 12 months.

6. ADOPTION OF A RELATIVE CHILD (INTRA-FAMILY ADOPTION)

a) Explain what is meant by “relative child” in your State. Relative child means family connections (grandparents, aunts, oncles). Brothers

and sisters cannot adopt their brother or sister. b) In what circumstances does your State allow the adoption of a child by relatives

of the child who are habitually resident in another State? The priority, taking into consideration the best interests of the child, shall be

given to relatives. Parents may give consent to adopt their child to a particular/concrete prospective adoptive parent only if she/he is related to the family.

In addition, the priority is given to those prospective adoptive parents, who have adopted brothers/sisters of the adoptable child.

Also we draw attention, if several relatives-prospective adoptive parents (one habitually is resident in another State and the other one in Lithuania) the priority


will be given to the one who lives in Lithuania.

c) Does your State apply procedures of the Convention to such adoptions?

Yes.

7. POST-ADOPTION MATTERS

7.1 Post-adoption reports

a) Describe the requirements of your State for post-adoption reports: i. Frequency (how many per year?): During the first 2 years after adoption – every 6 months, during the

following 2 years – once a year, after 4 years after adoption – upon request from the Service.

ii. Period (until what age of child?): No requirement.

iii. Language: Original and translated into Lithuanian

iv. Who should write it? Social workers or psychologist of the authorized foreign body or competent

institution. v. Other requirements: There is an approved form of the post-adoption report that should be

fullfilled.

b) Is your State satisfied with the response of receiving States to your requirements for post-adoption reports? Please provide comments.

Yes. The reports are quite informative - the information is given about the adopted child’s integration into the family, living conditions, development and state of health and visual material (mostly pictures). The reports are submitted on time.

7.2 Preservation and availability of information (Art. 30)

a) Which authority is responsible for preserving the information concerning the

child’s origins (Art. 30(1))? State Child Rights Protection and Adoption Service under the Ministry of Social

Security and Labour. b) Where are the records kept and for how long?

The records are kept in archive everlastingly.

c) In your State, does the law permit the adopted person to have access to this information? If yes, is there any age or other restriction?

It is prohibited to disclose data about the adoption without adoptive parents’ consent until the adopted child attains majority (note:18 years). But fourteen year old child, as well as child's close relatives can apply to the court examining the case of adoption for permission to disclose the information about the adoption, where it is needed for child's or relatives' health or other important reasons.

d) Are the biological parents or the adoptive parents permitted to have access to information about the adoption (see Art. 9 a) and c))?

As it was mentioned before, the court, which has examined the adoption case, may permit disclosure of information about adoption to the adopted child of and over fourteen years of age, or his/her close relatives or other persons concerned, if such information is necessary for the sake of health of the adopted child, or his close relative, or other person concerned, or for other important reasons.


e) What, if any, assistance does the Central Authority or another body give to the adopted person or the biological or adoptive parents to obtain access to that information? Is there a special procedure for accessing this information?

Biological parents or siblings may apply to the Service seeking for some information about the adopted child. The general information without any identyfying data (names, habitual residence) may be given only with the consent of adoptive parents. If adoptive parents accept more information may be provided to the biological family.

f) What, if any, assistance is given to adopted persons to search for their origins?

The Service assists to adopted persons who searh for their origin (gives all information about his/her background, family information and etc.).

8. COSTS OF INTERCOUNTRY ADOPTION IN YOUR STATE

a) Are adoption costs or fees controlled by law and / or regulated by a public authority in your State? If yes, please provide a link to this information.

There is no special regulation but during the authorization procedures the fees of the foreign accredited institution is always evaluated.

b) Is there a standard or fixed fee charged by the Central Authority or accredited body for the adoption? What services are covered by this fee?

There is no fee charged by the Central Authority. Every authorized foreign body forsees its own fee. By this fee are covered such services:

- agency registration fee (covers agency's fees for presentation of the adoption program, processing the application for registration, setting a file and account with the agency, consultations and guidance);

- assist the adoptive parents in preparing the required documents, preliminary consultation with foreign adoption authorities and lawyers, assistance with respect to preparation of foreighn dossier, adminstration costs;

- finalizing of the adoption and immigration process, post-adption monitoring and support.

c) Is there a fixed amount required for a mandatory contribution? What is this contribution used for? Who receives it?

No.

d) Is it mandatory for the receiving State (Central Authority or accredited bodies) to undertake humanitarian projects in your State as a condition of engaging in intercountry adoption? Do you supervise these projects?

No.

e) Does your State impose any other type of fee or cost on the foreign accredited bodies to work with, or work in, your State? Please provide details.

No.

f) What is the normal range of costs for an adoption (i.e., the minimum to the maximum cost)?

4500 EUR - 14 5000 EUr. (the maximum - the USA accrediteted bodies for their service)

g) Does your State permit PAPs to make donations to an orphanage or institution? If yes, at what stage of the adoption procedure?

Yes. After adoption is completed.

h) Other costs: Please complete the Table of Costs at Annex 1.4

9. IMPROPER FINANCIAL GAIN (ARTS 8 AND 32)

a) Which authority is responsible for preventing improper financial gain as required

4 The Table of Costs is taken from the Guide to Good Practice No 2: Accreditation and Accredited Bodies,

Chapter 8.


by the Convention? There is no special regulation but during the authorization procedures the fees of

the foreign accredited institution are always evaluated. If the authorized foreign bodies is suspected of getting improper financial gain the authorization to act in the field of intercountry adoption in Lithuania may be suspended. The responsible institution is the State Child Rights Protection and Adoption Service under the Ministry of Social Security and Labour. The prosecutions or other actions under the criminal law shall be made by the competent criminal institutions.

b) What measures are taken to prevent improper financial gain?

See 9 a)

c) Have there been any prosecutions for improper financial gain related to adoption? If so, were the prosecutions successful?

No.

10. NATIONAL LEGISLATION

Identify the legislation in your State on international adoption and provide (if available) a link to the text of the legislation. The Civil Code of the Republic of Lithuania links: http://www.ivaikinimas.lt/document_db/tfiles/98.doc The Code of Civil Procedures of the Republic of Lithuania link: http://www.ivaikinimas.lt/document_db/tfiles/99.doc The Order on the Aprroval of the specification of the Pre-trial Procedure Regarding

the Adoption of Special Needs Children Eligible for Adoption link: http://www.ivaikinimas.lt/?pageid=134 The Order of the Minister of Social Security and Labour of the Republic of Lithuania

on the Approval of the Specification of the Procedure for Granting Authorization to Foreign Institutions in Respect of intercountry adoption in the Republic of Lithuania

link: http://www.ivaikinimas.lt/?pageid=134 The Order on Medical Contraindications link:http://www.ivaikinimas.lt/?pageid=134 The Procedure for Registry of Adoption link: http://www.ivaikinimas.lt/?pageid=134 The Regulations of the State Rights Protection and Adoption Service http://www.ivaikinimas.lt/?pageid=134

11. OTHER HAGUE CONVENTIONS

If your State is involved in international foster care placements or placements by kafala, the Hague Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children may be used. Is your State a party to this Convention? Yes.

12. SELECTION OF PARTNERS IN INTERCOUNTRY ADOPTION

a) On what basis does your State select a receiving State as a partner in intercountry adoption?

There are no special basis on selecting the receiving State as a partner in intercountry adoption. As more thant 80 procents of intrecountry adoption cases is adoption of special needs children, we cooperates with these States which


takes into account our country needs. Also since 1 August 2006 new applications for authorization for foreign

accredited bodies in respect of inter-country adoption in the Republic of Lithuania are not accepted.

b) Are there any formalities required to confirm a partnership? No.

13. OTHER QUESTIONS

a) What measures does your State provide to protect children without parental protection (e.g., institutional care, kinship care or care by the extended family, foster home, kafala, national and international adoption)?

Children without parents care first of all shall be placed into the extended family. If there are no relatives able to take care of the child the foster parents are looked for. If there are not foster parents the child is put under the guardianship of the state instutiton. If the child cannot be returned to his biological family the parents may be deprived of parental rights and the child comes to the list of adoptable children. First of all the local family the he/she is proposed for national adoption.

b) Statistics:

− Does your State collect statistical data relating to adoption (national or international)?

Yes.

− Are your statistics on a publicly available website? If yes, please provide the link. If not, how can you provide access to your statistics?

Yes. www.ivaikinimas.lt

− Please complete the “Annual adoption statistics for States of origin” form (Prel. Doc. No 5) for the last five years. In the future, States will be asked to complete this form on an annual basis.

14. USEFUL ELECTRONIC LINKS

Provide electronic links to important and useful information about adoption and intercountry adoption in your State. All information on intercountry adoption iss available on the webside:

www.ivaikinimas.lt


Annex 1

States of origin costs in the field of intercountry adoption

Please provide details of following:

1. Expenses incurred in the State of origin

This category includes all the expenses incurred in the State of origin except the PAPs’ accommodation and transport costs. These are:

Administration and co-ordination costs; Legal costs (notary, lawyer, court and motion costs); Doctor’s fees for the child’s medical record; Translation costs; Costs of the child’s maintenance; Costs for updating of records; Other costs:

please specify.

2. Contributions to humanitarian aid projects or donations

Contribution may be made for humanitarian-aid projects and / or donations to orphanages or other public or private institutions connected with child protection. They may also be imposed by the accredited bodies themselves; Mandatory contribution to government / Central Authority; Mandatory contribution to child welfare home / public or private institution; Other contribution:

please specify;

Donation.