Act No. 15 / 1958 Coll.
Law on the amendment of the adoption rules
Valid
Effective from 29.05.1958
15.
Law
of 17 April 1958
amending the adoption rules.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Act No. 265 / 1949 Coll., on Family Law, is amended as follows:
1. The following paragraph is added to Paragraph 63:
"(2) The court's ruling that the acquirer will be registered in the matrix instead of the parent, will establish a relationship between the acquirer and the acquirer and his relatives."
Section 66 reads as follows:
"(1) The application shall be made by a judgment at the request of the transferee.
(2) The court, having regard to the interest of the adopted child, may state that the latter shall be registered in the Registry as the father or mother of the adopted child instead of the parents.
(3) The adoption and the operative part referred to in paragraph 2 need to be authorised by the legal representative of the adopted child; if the child is able to assess the extent of adoption and the said statement, his consent shall also be required. If the legal representatives of the adopted child are his parents, there is no need for them to be admitted,
(a) if the child is in institutional care for at least one year and the parents show no interest during that period; or
(b) if parents have shown no interest in the child for at least two years; or
(c) where the parents have given their consent to be adopted in advance without relation to certain adopters; the advance clearance can only be entered orally in the record before the judge or the authority responsible for youth care.
In such cases, the authorisation of the guardian who has been appointed by the adopted child in the adoption procedure shall be required. ';
3. § 68 reads:
"(1) The parental power of the parents of the children of the children ceases to exist by virtue of the sighting, and if the endowed is a guardian, the enlistment will cease.
(2) The maintenance obligation towards the adopted member of his family shall continue only as long as other persons are not in a position to live up to their maintenance obligations; the maintenance obligation of the recipient towards the family is no longer met.
(3) The parents of the recipient are not entitled to be in contact with the recipient.
(4) If the spouse (type) of one of the parents of the married couple is the recipient, it shall not affect the acquisition of the relationship between the spouse and that parent and his relatives. '
4. The following shall be inserted after Paragraph 69:
"If a court ruling is made that the transferee will be registered in the Registry instead of the parent of the beneficiary, the maintenance obligation against the transferee in his family shall cease (§ 68 (2)). Paragraphs 67 (2) and 69 are not applicable here. The adoption thus performed shall not prevent the wearer from being reacquired. '
Act No. 142 / 1950 Coll., on Civil Procedure (Civil Code), is amended as follows:
"(1) Before the adoption decision, the court shall, as far as possible personally as possible, hear the adopter and his spouse, if necessary his consent, the parents of the adopted child, the guardian who was appointed to him in the adoption proceedings, or his guardian, and the authority responsible for the care of the young and the adopted child, if he is able to assess the extent of the adoption. The court shall not hear the parents if they are deprived of parental power or are wholly deprived of incapacity, and even if they are not required to be admitted to adoption, although they are legal representatives of the child.
(2) Persons who do not need to be heard under paragraph 1 are not parties to the adoption proceedings. "
A statement that the transferee will be registered in the matrix instead of the parent of the transferee may be made by the court subsequently until the transferee has reached his age, even in cases where he has decided to adopt before the law is effective. If the adoption procedure has not been followed, there is no need for his consent.
This Act shall take effect one month after its publication; It shall be implemented by the Ministers for Justice, Home Affairs, Health and Education and Culture.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Dr Skoda v. r.
Bark v. r.
Plojhar v. r.
Dr Kahuda v. r.
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Regulation Information
| Citation | Act No. 15 / 1958 Coll., amending the Adoption Rules |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1958 |
|---|---|
| Effective from | 29.05.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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