NON-PROFIT LEGAL ENTITIES – MEDIATORS IN INTERNATIONAL ADOPTIONS ACCORDING TO THE LAST AMENDMENTS TO THE FAMILY CODE

According to the last amendments to the Family Code ( SG, c. 63 on 15 July 2003) mediation in international adoption could be accomplished only by Non-profit legal entities for public benefit activity registered in the Central Registry of the Non-profit legal entities to the Ministry of Justice. Apart from this general condition the law places some specific requirements for the organizations which want to accomplish intercession in international adoption – according to article 133b, paragraph 2, from the Family Code only persons with clear court record, having university degree and labor experience non less than five years can be elected in the managing body of the organization.
For issuing a license for mediation in international adoption, the organization must present application to the Minister of Justice, accompanied with a certificate of actual existence, certificate from the Central Regisrty of the Non-profit legal ententes, copy from the articles of incorporation or the statutes of the organization; information about the expenses and the costs of the organization, related to the mediation activity, the maximal size of payments for its realization; list of the countries, with which the mediation will be realized. Firstly applications could be presented in three months’ term from the enforcement of the law, i.e. till 19.10.2003. After the expiration of this term the applications will be submitted by the end of February of each year.
By the end of April the Minister of Justice on proposal by the Council for International Adoption, who conducts survey and interview with the organization, enacts license or declines it with a motivation. A state fee is owed for the issue of the license. After the receiving the permission the accredited organization shall put the license at visible place
and to use the number of it in its correspondence.
Foreign Non-profit legal ententes can also perform mediation activity in international adoptions, when they meet the following conditions:
1. they have been accredited for mediation in international adoptions by the respective foreign body.
2. they have received a permission from the Minister of Justice for realizing mediation with the respective state.
3. they observe the provisions of the Non-profit legal ententes Act.
The permission for performing mediation in international adoptions is issued for a term of two years. There are specifics with term for the foreign non-profit legal ententes – the permission is for a term of two years, but no longer than the term accepted by the authorized foreign body.

The permission can be revoked before expiration of its term upon an ordinance of the Minister of Justice, if the organization does not comply with the conditions set forth in it or breaks other law requirements.

The license is terminated:
1. upon expiration of the term for witch it is issued;
2. upon a request of the accredited organization;
3. with the termination of the legal person;
4. with the deletion from the Central Registry;
5. when the authorized body has revoked the license for mediation of the foreign legal person.
The accredited organizations are obligated to present every six months to the Ministry of Justice a report about the condition of the child up to two years after its adoption, which has to contain evaluation from the accredited organization about the conditions of life, the progress, the level of physical, mental and emotional development of the child, its adherence to its adopters, their parental abilities and cares, the measures which they take for the child’s cultural identity, etc.
The accredited organization provides legal representation of the adopter in court; the safety and the appropriate conditions for transporting the child, and in case of adopter’s decision realizes the transportation of the child or ensures accompaniment to the child; takes action for ensuring the child’s returning in the state of origin in case that the decision of the Bulgarian Court is not recognized by the accepting state in a period of one year from its enactment and observes the child’s condition during this period.