REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OF THE MARRIAGE AND FAMILY CODE OF THE REPUBLIC OF LITHUANIA To amend the Mar

REPUBLIC OF LITHUANIA LAW ON THE AMENDMENT OF THE MARRIAGE AND FAMILY CODE OF THE REPUBLIC OF LITHUANIA To amend the Marriage and Family Code of the Republic of Lithuania:

1. Chapter 14 to be read as follows: "CHAPTER 14 ADOPTION Article
2. Children Eligible for Adoption It shall only be permitted to adopt children who are under 18 years of age (hereinafter referred to as minors) and provided that said adoption is in the best interest of the child. Only in exceptional cases shall it be permitted to adopt children by separating siblings. Children may not be adopted by their natural parents, grandparents, sisters, or brothers. Adopted children shall only be permitted to be adopted by the spouses of their adoptive parents. Article
3. Persons Entitled to Adopt Children Citizens of either sex who are over the age of 18 may become adoptive parents. Spouses (spouse) may adopt children, while persons who are not legally married may not adopt the same child together. Persons who are not eligible to become adoptive parents include: 1) persons who are recognized by court as legally incompetent or of limited capability; 2) married couples if one spouse has been recognized as legally incompetent or of limited capability; 3) persons who have been deprived of parental rights; and 4) adoptive parents through whose fault adoption has been annulled. If several persons wish to adopt the same child, priority shall be given to: 1) relatives; 2) spouses; 3) persons adopting siblings; 4) citizens of the Republic of Lithuania; 5) persons who are adopting their spouse's children or adoptive children; 6) persons who are raising and supporting a child in their family. Article
4. Age Difference between the Adopter and the Adoptee The age difference between adopters who are not married and their respective adoptees must be at least fifteen years. When adopting the children or adopted children of a spouse, the age difference established in part 1 hereof shall not be requisite. Upon establishing reasons which are recognized by court as significant, adoption shall be permitted even if the age difference between the adopter and the adoptee is less than that provided for in part 1 hereof. Article
5. Health Certificates of Adopters and Adoptees A health certificate of the adopter and the adoptee issued by the Ministry of Health of the Republic of Lithuania according to the established procedure shall be required when seeking adoption. Article
6. Parental Consent to the Adoption of a Child In order to adopt, written consent from the child's parents shall be required. In order to adopt a child who was born out of wedlock to parents who were not yet of age, written consent from both the child's parents and their lawful representatives shall be required. Parents shall have the right to withdraw their given consent to adoption until the court decision concerning adoption is passed. Parents may give their consent for a specific person to adopt or without indicating who the adopter shall be. Parents who give their consent to adoption shall be informed of the consequences of adoption provided for in Article 120 of this Code and shall sign to confirm their knowledge thereof. Article
7. Adoption without Parental Consent Parental consent to adoption shall not be required if: 1) the parents are unknown; 2) the parents have been deprived of their parental rights to the child; 3) the parents have been recognized as legally incompetent or of limited capability, or if they are declared to be missing; 4) the parents, for reasons recognized by court as insignificant, have not lived with the child for more than one year and avoid their duty to raise and maintain the child; and 5) the parents have given advance consent to adoption without indicating a specific adopter. Article
8. Consent to Adoption by Foster Homes, Guardians, and State, Public, and Other Children's Institutions In adopting children who are being raised and maintained in foster homes, the written consent of the foster parents shall be required. In adopting children who have a guardian and whose parents are unknown, the written consent of the guardian shall be required. If a guardian refuses to give consent to adoption, consent to adoption may be given by a guardianship institution. In adopting children whose parents are unknown and who are being raised in state, public or other children's institutions, the written consent of the head of said institution must be given. The court shall have the right to pass a decision concerning adoption without the consent of the child's foster parents, guardian, head of the respective children's institution, or guardianship institution if said adoption is in the best interest of the child. Article
9. Adoptee's Consent to Adoption In order to adopt a child who is over the age of 15, the child's written consent to said adoption shall be required. Children who are over 10 years of age shall be entitled to be heard in court concerning their adoption. The adoptee's consent to adoption shall not be required if, upon filing the petition for adoption and upon the adopter's request to be recognized as the child's parent, the child is living with said adopter's family and considers the adopter to be his or her parent. An adoptee's consent to adoption set forth in part 1 hereof shall be interpreted by the court. Article
10. Consent to Adoption of the Spouse of the Adopter If a child is to be adopted by a married person, the written consent of adopter's spouse must be given. Consent to adoption of the adopter's spouse shall not be required if the couple has not been living together for more than one year for reasons deemed by court to be insignificant, or if the location of said spouse is declared to be unknown. Article
11. Filing of the Petition for Adoption Citizens of the Republic of Lithuania shall file petitions for adoption in a district court according to their own place of residence or the adoptee's place of residence. Foreign nationals shall file petitions to adopt citizens of the Republic of Lithuania residing in the Republic of Lithuania or in a foreign state to the Supreme Court of the Republic of Lithuania. Petitions for adoption shall be investigated by the court according to special proceedings. Article
12. Recognition of Adopters as Adoptive Parents or Parents Adopters shall be recognized as adoptive parents by the court's decision concerning the adoption. In order to recognize the adopter of a child who is over the age of 15 as the parent thereof, the written consent of the child must be given except in the case provided for in part 3 of Article 115 of this Code. Article
13. Recognition of Adoptees as Adopted Children or Children An adoptee shall be considered to be an adopted child by the court's decision concerning said adoption. Upon the request of the adoptive parent, an adoptee may be considered to be the child of the adopter by the court's decision concerning said adoption. An adoptee who is over the age of 15 may be considered to be the child of the adopter if said adoptee gives written consent thereto, except in the case set forth in part 3 of Article 115 of this Code. Article
14. Rights and Obligations of Parents, Adopted Children, Adoptive Parents, and the Relatives thereof The court's decision to approve adoption shall terminate personal and property rights and obligations between children and their natural parents. By the court's decision to approve adoption, the adoptive parents as well as their relatives and the adopted children as well as their offspring shall be given personal and property rights and obligations as lineal relatives. Article
15. Retention of Rights and Obligations with One of Parents and the Relatives and Grandparents thereof If the adoptive parent is a male, the rights and obligations between the child's mother and her relatives and the child may be preserved if the adoptive father so agrees and the natural mother so requests. If the adoptive parent is a female, the rights and obligations between the father and his relatives and the child may be preserved if the adoptive mother so agrees and the natural father so requests. If one of a child's natural parents is dead, the rights and obligations between the parents of the deceased parent and the child may be preserved if the adoptive parent so agrees and said grandparents so request. Preservation of rights and obligations with one of the parents and the relatives and parents thereof must be indicated in the court's decision to approve adoption. Article
16. The Name of the Adopted Child Adopted children shall keep their names and surnames. Upon the request of the adoptive parents, an adopted child shall take his or her adoptive family's surname as well as the first name indicated by his or her adopted parents. If the adoptive parents have different surnames, the adoptive child shall, upon the mutual agreement of the adoptive parents, take the surname of one of them. If a child's adoptive parent is not married, the surname of the father (mother) of the adopted child shall be established according to the surname of the adoptive mother (father), and the first name of the father (mother) of the adopted child shall be recorded according to the adoptive mother's (father's) statement. The name and surname of an adopted child who is over 15 years of age may only be changed with the child's written consent. Article
17. Guarantees and Norms Applicable to Women who have Adopted Infants Women who adopt infants shall be entitled to the same guarantees and norms as women who give birth. Article
18. Retention of Adopted Children's Rights to Pension and Allowances Children entitled to pension or state or social allowances shall retain this right after they have been adopted. Article
19. Validity of Adoption Adoptions shall become valid once the court decision on said adoption comes into effect. Article
20. Registration of Adoption Adoptions must be registered in the institution of records of civil acts. Adoptive parents must register court decisions in the institution of records of civil acts of the place of the court decision on said adoption within one month. If an adopted child is given the surname of the adoptive father and a different first name, or if the adoptive parents are acknowledged as the adopted child's parents, the institution of records of civil acts, pursuant to the court's decision, shall make appropriate changes in the birth record of the adopted child and shall issue a new birth certificate. Article
21. Annulment of Adoption Adoption may only be annulled according to judicial procedure. Claims to annul adoption shall be investigated in the presence of a representative of a guardianship institution. Adoptions shall be annulled from the day the court decision to annul said adoption comes into effect. Article
22. Grounds for the Annulment of Adoption Adoptions may be annulled if the adoptive parents: 1) fail to perform their obligations; 2) abuse their rights; 3) have a harmful influence on the adopted child by way of their behaviour; or 4) abuse alcohol, narcotics, or other toxic substances. The court, taking into consideration the interests of the child and existence of significant reasons, shall have the right to annul adoption, as well as on other grounds not provided for in part 1 hereof. It shall not be permitted to annul an adoption if the adopted child is over 18 years of age. Article
23. Persons Retaining the Right to Request the Annulment of Adoption Natural parents, adoptive parents, and guardianship institutions shall have the right to request the annulment of adoption. Article
24. Consequences of the Annulment of Adoption Upon annulment of adoption, the rights and obligations between the child and offspring thereof and the adoptive parent and relatives thereof shall, upon court decision, be dissolved from the day the court decision to annul adoption comes into effect. Upon annulment of adoption, the rights and obligations of the child and offspring thereof and the natural parents and lineal relatives thereof shall be restored upon the decision of the court. Upon annulment of adoption, the court shall adopt a decision to return the child to his or her natural parents. If the return of a child to his or her natural parents are not in his or her best interest, the child shall be transferred to the care of a guardianship institution. Upon annulment of adoption, the court shall adopt a decision on whether to leave the child the name and surname which were given to him or her upon being adopted or to give back the name and surname which the child had prior to adoption. Article
25. Filing of the Copy of the Court Decision to Annul an Adoption Upon adopting a decision to annul an adoption, court must file a copy of the court decision that has come into force with the institution of the records of civil acts which has registered the adoption. The institution of records of civil acts, proceeding from the court's decision to annul the adoption, must make appropriate adjustments in the record of the child's birth act. Article
26. Adoption of Children who are Citizens of the Republic of Lithuania and Reside in the Republic of Lithuania or in a Foreign State upon being Adopted by Foreign Nationals Children who are citizens of the Republic of Lithuania and reside in the Republic of Lithuania or in a foreign state shall be adopted by foreign nationals upon the decision of the Supreme Court of the Republic of Lithuania. Foreign nationals shall not be permitted to adopt children if a petition is received from a family residing in the Republic of Lithuania or a foster home asking to place said child with them to be raised and maintained. A child who has been adopted by a foreign national must be entitled to the same rights and benefits as an adopted child within the state of the adoptive parent. Adoption shall be recognized to citizens of the Republic of Lithuania residing in foreign states if the adoption proceedings are in compliance with the adoption laws of that state and if there exists an international agreement between that state and the Republic of Lithuania concerning the recognition of such adoption. Article
27. Adoption of Children who are Foreign Nationals and who Reside in the Republic of Lithuania by Citizens of the Republic of Lithuania Children who are foreign nationals and reside in the Republic of Lithuania may be adopted by citizens of the Republic of Lithuania upon the decision of the Supreme Court of the Republic of Lithuania, unless an international treaty or agreement between the Republic of Lithuania and the appropriate foreign state provides for another adoption procedure. Article
28. Confidentiality of Adoption Officials who have adopted a resolution concerning adoption or who have registered an adoption as well as persons who have knowledge of an adoption as a result of which the adoptive parents have been recognized as the child's parents must guard the confidentiality of said adoption. Officials and persons who have made an adoption public against the will of the adoptive parents may be held responsible according to the procedure established by law. Data concerning adoption shall be given out according to the procedure established by law." 2.To acknowledge Chapter 2 and Article 213 of the Marriage and Family Code of the Republic of Lithuania as invalid. I hereby promulgate this Law adopted by the Seimas of the Republic of Lithuania. ALGIRDAS BRAZAUSKAS President of the Republic Vilnius 12 October 1993 No. I-275