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Integration of the Conventional Framework on International Adoption into the National Legislation of the Republic of Moldova

Author: Miron Oxana
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Scientific adviser: Violeta Cojocaru
doctor habilitat, professor, Moldova State University
Institution: Moldova State University


The thesis was presented on the 28 September, 2018
Approved by NCAA on the 25 January, 2019


Adobe PDF document0.69 Mb / in romanian


CZU 341.96:347.633(043.3)

Adobe PDF document 1.98 Mb / in romanian
184 pages


international adoption, consent, impediments, formal conditions, The Hague Convention, subsidiarity, confidentiality, central tutelage bodies, private organizations in the field of international adoptions, accreditation, recognition, movement, effects


Structure of the thesis: introduction, three chapters, general conclusions and recommendations, bibliography in form of 183 titles, 6 annex, 147 pages of main text. The results obtained: are published in 7 scientific papers.

Field of study: specialty 553.06 - International and European Private Law.

The goal and objectives of the thesis: The purpose of the thesis is the multilateral and complex research of international adoption through the determination of international legal protection instruments, the detailed examination of the background and form of the international adoption procedure.

The basic objective being the scientific substantiation of the background and form of international adoption by establishing common standards.

The main objectives of the paper are: 1. to circumscribe the scope of The Hague Convention on the Protection of Children and Co-operation in the Field of International Adoption at; 2. to examine the compatibility of the national, international legal framework and judicial practice with the provisions of the Hague Convention; 3. to analyze the diversity of procedural norms in the field of international adoption in terms of evolutionary aspects, specific terminology and variety of norms; 4. to identify conflicting rules regarding the background and form of international adoption; 5. to study national jurisprudence and ECHR case-law, and statistical data in order to clarify current needs and issues related to international adoption; 6. to elaboration common standards for the recognition international adoption and her effects.

The novelty and scientific originality of the work lies in the complex analysis of the judicial practice, the doctrine and the legislation regulating the international adoption as a legal institution of private law, but also the approach of the adoption system in the Republic of Moldova through the research of national and international legal norms, including the clarification of legislative and theoretical omissions, and addressing the legal phenomena emerging in the adoption process of the institution of adoption.

The scientific problem the problem solved consists in developing common standards for the international adoption procedure (background conditions, formal conditions, recognition and effects of international adoption decisions), by integrating the conventional framework into national law, with a view to enhancing judicial cooperation between states. The theoretical significance of the thesis lies in the definition of the concept of international adoption, the determination of the legal nature of the international adoption, the delimitation of the principles of fundamental and the formulation of a new classification of the background conditions of an international adoption. The results presented in this paper will be used to complete programs and courses in in the field of law.

The applicative value of this paper is determined by the practical applicability of the formulated recommendations and by the proposed amendments to the Law on the Adoption Legal Status and to other related legislative regulations in this field. The findings and recommendations provided by the author were submitted to the Ministry of Health, Labor, Social Protection and Family (as the central tutelage authority in the field of adoption) for reviewing the national normative framework to meet international adoption standards.

Implementation of scientific results results was achieved by publishing theoretical conclusions and practical recommendations in scientific, in specialized journals and by presenting them at national and international scientific conferences.