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Termination of parental rights in Romania

Updated on Sunday 26th June 2016

In which cases does the termination of parental rights intervene according to the Romanian legislation?

According to art. 508 of the Romanian Civil Code, the court of guardianship may rule the termination of parental rights, at the request of government authorities with responsibilities in the field of child protection, if the parent in question endangers the life, health or development of the child through maltreatment, use of alcohol or drugs, abusive behavior by gross negligence in fulfilling their parental obligations or by seriously endagering the best interest of the child.

What are the effects that the termination of parental rights produce under the Romanian law?

According to art. 509 par. (1) of the Civil Code, the termination of parental rights is total and it lies over all children born on the date of the judgment.

However, para. (2) of the same article stipulates that the court can order the termination of parental rights only for certain parental rights or for some children, but only if this does not endanger the growth, education, teaching and professional training of the children.

The termination of parental rights does not relieve the parent of the obligation to give the child maintenance.

What happens if the child is deprived of the care of both parents after the sanction of termination of parental rights?

In this situation, the Civil Code provides for the establishment of guardianship through which the individual in question is protected by aan appinted guardian, as well as by the family council as an advisory body.

Is the reinstatement of parental rights possible according to the Romanian legislation?

Yes. The court regrants the exercise of parental rights to said parent if the circumstances that led to the termination of the parental rights ceased and if the parent is no longer endangering the life, health and development of the child.

What’s more, until the moment of the resolution of the request, the court may allow the parent to have personal connections to the child, if this is in the best interests of the child.

For further information on the termination of parental rights, the cases in which it can intervene or the effects it  produces under the laws of Romania, do not hesitate to contact one of the attorneys specialized in civil and family law within the law firm Darie, Manea & associates. Our lawyers guarantee our clients competent legal advice, based on complete and accurate information, updated according to the latest legislative changes, as well as representation before the competent authorities when needed.

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