Activities of Julia PITERA related to 2015/2086(INL)
Plenary speeches (1)
Cross-border aspects of adoptions (debate) PL
Shadow opinions (1)
OPINION on cross-border aspects of adoptions
Amendments (16)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that the best interest of the child must be the paramount ofchildren is of highest importance, which must be also the main criterion when taking any kind of decision related to their adoption of a child; calls on Member States to ensure the implementation of the children's right to freely express their views and have these taken into consideration according to their age and maturity, as enshrined in art. 24 CFR;
Amendment 3 #
Draft opinion
Paragraph 2
Paragraph 2
2. IStates that there is no mechanism within the EU governing automatic recognition of domestic adoption orders made within other Member States, which represents a barrier to free movement of families; insists on the absolute necessity to ensure legal certainty in the field of inter- countrycross-border recognition of domestic adoption for the protection of the parents' and children's rights respecting at the same time EU law provisions as regards European Citizenship; notes, however, that there should be a possibility to refuse the recognition of a domestic adoption if it is manifestly contrary to the public policy of the recognizing state;
Amendment 6 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls for equal treatment of parents with different nationality during proceedings in matters of parental responsibility and adoption.
Amendment 7 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Member States to avoid heavy bureaucracy in the process of recognition of Conventionalinter-country adoptions already recognised in another EU Member State so as to ensure a correct implementation of the 1993 Hague Convention; invites EU Member States to encourage non-contracting States to join the 1993 Hague Convention, which would guarantee that all children benefit from the same standards, and help avoid a parallel system with less safeguards;
Amendment 9 #
Draft opinion
Paragraph 4
Paragraph 4
4. Draws the attention of the European Commission, the Council and the Member States on the possiblStresses the fact that an alarming high number of adoptions in the UK in 2014 were adoptions without parental consent; underlines that adoption without parental consent shall only be decided as a last resort, while children's best interst must be assessed on an individual basis, and the child's right to be hearmful consequences of non-consensual adoptions for birth parents and the adopted childred must be respected; calls on the Member States to give to victims of domestic violence, alcohol or drug abuse, who have their children removed, a reasonable chance to fully recover before the Court takes a final decision for adoption;
Amendment 19 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on Member States, in case of proceedings related to non-consensual adoptions with cross-border aspects, to systematically implement the provisions of the Vienna Convention on Consular Relations of 1963 and to make sure that the authorities of the States of origin of the parents involved have been properly informed without any delay;
Amendment 20 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. When social workers of one Member State carry out missions to establish the facts of the case for adoption in other Member states, calls upon the sending State to inform all appropriate authorities in the country where the mission is conducted.
Amendment 22 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on Member States to exchange information and conduct awareness campaigns among citizens about the cultural traditions and rules regarding the raising of children applied in other Member States in order to be informed about practices that would lead to the withdrawal of their parental rights and giving their children for adoption.
Amendment 23 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member sStates to ensure, when accurate, the implementation of articles 15 and 55 of theon the transfer of the case to a court better placed to hear it and article 55 regarding principles of cooperation on cases specific to parental responsibility of Council Regulation n°(EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility;
Amendment 26 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Member States, in case of adoption, to to agree on a minimum threshold for the duration of cross-border adoption procedures, ensureing that the relatives of the birth parents have had a real opportunity to apply as permanent carer of the chiladopters of the child; draws, in this regard, attention to international standards and recalls article 8 of the UN Convention on the Rights of the Child (UNCRC), underlining the obligation of governments to respect and protect children's identity, including their family relations. Recalls, furthermore, article 20 UNCRC, which states that when considering different solutions such as foster placement, adoption or placement in suitable institutions for the care of children, due regard shall be paid to the desirability of continuity in a child's upbringing and the child's ethnic, religious, cultural and linguistic background;
Amendment 30 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Member States to ensure compliance with all procedural rights of relatives involved in the process and who are nationals of another Member State, including the provision of legal assistance, duly and timely information about the hearings, an interpreter, all relevant to the case documents in their native language, etc.
Amendment 34 #
Draft opinion
Paragraph 8
Paragraph 8
8. Asks the Member States authorities involved in adoption proceedings to make all the possible efforts in order not to separate siblings.; recalls, in this regard, article 8 UNCRC, underlining the obligation of governments to respect and protect children's identity, including their family relations;
Amendment 35 #
Draft opinion
Paragraph 8 – point 1 (new)
Paragraph 8 – point 1 (new)
(1) Underlines the necessity to improve support structures for families; therefore, calls on the Commission and Member States to co-finance and promote the set- up of networks of NGOs providing assistance to EU citizens who live with their families in another Member State and require additional help in their cooperation with child welfare services and local authorities;
Amendment 36 #
Draft opinion
Paragraph 8 – point 2 (new)
Paragraph 8 – point 2 (new)
(2) Calls on the Member States to compile regular statistics on cases of children who are nationals of another Member State and are placed into care or adopted.
Amendment 38 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls on Member States to promote specific training for judges dealing with transnational procedures for adoption of children.
Amendment 41 #
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Notes that to ensure the protection of the best interests of the child, enhanced cooperation between European judges in this area is needed.