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 108. 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 109. 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 110. 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 111. 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 112. 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 113. 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 114. 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 115. 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 116. 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 117. 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 118. 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 119. 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 120. 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 121. 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 122. 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 123. 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 124. 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 125. Validity of Adoption
Adoptions shall become valid once the court decision on said
adoption comes into effect.
Article 126. 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 127. 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 128. 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 129. 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 130. 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 131. 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 132. 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 133. 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 134. 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