On 14 June 2016, Ruth Cabeza presented the research paper prepared entitled RESEARCH PAPER ON THE EUROPEAN ADDED VALUE OF AN EU LEGAL INSTRUMENT ON THE CROSS-BORDER RECOGNITION OF ADOPTIONS to Legal Affairs Committee at the European Parliament, sitting in Brussels which she prepared with the assistance of co-authors Dr Clair Fenton Glynn and Alexander Boiché. This paper is annexed to the interim report of the European Added Value Assessment on Cross Border Recognition of Adoptions. The EAVA interim report accompanies the DRAFT REPORT of the European Parliament’s Legislative own-Initiative Report (Rapporteur: Tadeusz Zwiefka)to introduce a new EU Regulation to govern the jurisdiction to make domestic adoption orders within the EU, and also to provide for automatic recognition of all adoption orders made by EU Member States. The Draft Report incorporates many of the recommendations contained in the research paper. In her presentation to Legal Affairs Committee Ruth Cabeza explained that if the draft Regulation became law, it would offer Citizens of the EU the following benefits:
- Certainty of status for the child throughout the EU
- peace of mind to adopters that they only need to undergo one set of legal proceedings in order to have recognition of the adoption throughout the EU
- Equality of treatment for mobile families with adoptive children, in that the rights of the adopted child will be the same as children who have been adopted under the national laws of the recognising MS
- Financial savings both:
- for the adoptive family in terms of saving them the cost of obtaining legal advice and then initiating relevant procedural or judicial requirements in each state in which recognition is required; and
- for state in which recognition is sought in terms of the costs of administering the registration or judicial process.
The interim report containing the research paper can be downloaded here for free.
The DRAFT REPORT with recommendations to the Commission on cross-border aspects of adoptions (2015/2086(INL)) by the Committee on Legal Affairs prepared by Rapporteur: Tadeusz Zwiefka can be downloaded here.