\between “Children of Time” Association and
another organization\
On this day, .......................in Sofia, between:
1.“Children of Time” Association, registered
with company file 544/2006, Sofia City Court, Company department, BULSTAT
175025092, represented by the chairman of the MB – Nadezhda Ivanova Dimova,
Personal No. 7311187670, and 2. Accredited foreign organization
for the effectuation of mediation in international adoptions,
the following contract was concluded:
². SUBJECT OF CONTRACT
Art. 1. Effectuation of joint activity between the “Children of
Time” Association and an Accredited foreign organization in relation to the
adoption of a child – Bulgarian citizen, living in the Republic of
Bulgaria. Art. 2. Applicable law: /1/ The association offers services
assisting the international adoption by the force of a Permit issued according
to the Family Code of the Republic of Bulgaria and Regulation No. 3 regarding
the terms and procedure for adoption of Bulgarian nationals by
foreigners. /2/ The adoption procedures are effected before the Bulgarian
court according to the legislation of the Republic of Bulgaria:
Family Code
Regulation No. 3 regarding the terms and procedure for adoption of Bulgarian
nationals by foreigners
Convention for the Protection of Children and Collaboration in the Sphere of
International Adoption
Code of Civil Procedure of the Republic of Bulgaria
/3/ Parties to the present Contract are obligated not to
disclose confidential information regarding the adoption with respect to the
interests of the child.
²². RIGHTS AND OBLIGATIONS OF THE “CHILDREN OF TIME” ASSOCIATION
Art. 3 /1/ The association has the right: 1. to receive by
the organization all requisite documents bearing due notary verification and
legalization in relation to the entry of the adoptive parents in the register
and the conclusion of the adoption procedure. to be duly notified by the
Accredited foreign organization for all circumstances related to the adoption
and for changes that have occurred therein. /2/ The association is
obligated:
To mediate for the adoption of children – Bulgarian citizens by foreign
families by presenting full information to the Accredited foreign organization
and the foreign families regarding the Bulgarian legislation for international
adoptions.
To be responsible for the authenticity of the translation and legalization
of all original documents requisite in the process of adoption.
To submit the documents of the candidates for adoptive parents in the
Ministry of Justice for entry into the register according to Art. 136à, Par. 2,
i. 7, letter „B” of the Family Code.
To send a report accompanied by photographs of the child, and, if needed,
video recordings and other materials in the Accredited foreign organization.
In case of consent on the part of the candidates for adoptive parents
according to Art. 11, Par. 1 of Regulation No. 3/2003, Ministry of Justice, the
“Children of Time” association shall render assistance in the visit of the
adoptive parents in Bulgaria for the realization of the five-day contact with
the child (welcoming, accommodation, transportation, translation, visitation in
the home where the child is being raised, etc. The expenses shall be borne by
the candidates for adoptive parents.)
For all candidates for adoptive parents that have signed a contract with the
“Children of Time” association through the Accredited foreign organization, a
dossier is filed according to Art. 56, Par. 1 of Regulation No. 3/2003 of the
Ministry of Justice.
In case it is impossible to effectuate contact with the child, Art. 12, Par.
2 of Regulation No. 3/2003 shall apply.
To notify the candidates for adoptive parents through the Accredited foreign
organization for the received written consent of the Ministry of Justice and
that the dossier has been sent to court according to Art. 13, Par. 3 of
Regulation No. 3/2003 of the Ministry of Justice.
In case the candidates for adoptive parents do not approve of the child
after the effectuated five-day contact, the association shall inform the
Accredited foreign organization for the new number of entry according to Art.
14, Par. 1 of Regulation No. 3/2003.
To ensure representation of the adoptive parents before the court according
to Art. 136e, i. 9 of the Family Code of the Republic of Bulgaria.
Upon admission of adoption, to mediate in the receipt of the court
resolution, birth certificate, passport and visa for the child, to present in
the Ministry of Justice a certified transcript of the court resolution according
to Art. 48, Par. 2 of Regulation No. 3/2003 of the Ministry of Justice.
To send the certificate by the Minister of Justice to the Accredited foreign
organization that the adoption has been effected with the consent of Art. 23 of
the Hague Convention according to Art. 48, Par. 3 of Regulation No. 3/2003 of
the Ministry of Justice.
To mediate in the effectuation of Art. 136e, items 10, 11 and 12 of the
Family Code of the Republic of Bulgaria.
To present every six months to the Ministry of Justice a report for the
status of the child according to Art. 136e, item 8 of the Family Code of the
Republic of Bulgaria.
To follow the requisite terms and stages of the adoption process according
to Art. 48 (1) of Regulation No. 3/2003 of the Ministry of Justice.
The persons working and managing the “Children of Time” association shall
sign a declaration according to Art. 50, Par. 2 and Art. 51 of Regulation No.
3/2003 of the Ministry of Justice.
To present information according to Art. 53, Par. 2 of Regulation No. 3/2003
of the Ministry of Justice.
²²². RIGHTS AND OBLIGATIONS OF THE ACCREDITED FOREIGN
ORGANIZATION
Art. 4. /1/ The accredited foreign organization has the
right: 1. to be informed about the stage in which the adoption is. 2. to
ask the Association any questions about the Bulgarian legislation, the course of
the specific adoption and all consequences thereof. to receive the report
about the child together with photographs and video recordings. /2/ The
Accredited foreign organization is obligated to:
accept requests by foreign candidates for adoptive parents wishing to adopt
a child from Bulgaria by guaranteeing the suitability of the candidates for
adoptive parents as well as the validity, regularity and completeness of all
their documents;
present to the “Children of Time” association all documents requisite for
the adoption procedure in the Republic of Bulgaria, namely:
a/ copy of the passport of the candidate for adoptive
parent; b/ permit for the adoption of a child in accordance with the
applicable legislation of the Country whose citizen is the adoptive parent and
in which he/she permanently resides; c/ document issued by a competent body,
certifying that the candidate for adoptive parent has not been deprived of
parental rights; d/ social study for the candidate for adoptive parent, also
containing information for the members of his family, as well as for their
physical and mental health; e/ document certifying the physical and mental
health of the adoptive parent, containing information about AIDS, tuberculosis,
grave chronic, infectious venereal diseases, and other health problems
endangering his life; f/ certificate of conviction. g/ marriage
certificate. h/ document issued by a competent body, certifying that the
Legislation of the country whose citizen is the adoptive parent, or the country
of his permanent residence prohibits re-adoption, or in case such a prohibition
is not stipulated, a declaration by the adoptive parent/s/ bearing notary
verification and stating that the child shall not be re-adopted; i/
declaration bearing notary verification and stating that the child shall not be
subjected to experimental medical treatment and its body parts shall not be used
for donor purposes. The above stated documents should be presented by each
one of the spouses.
In a one-month term after the receipt of a report about the child according
to Art. 10 of Regulation No. 3/2003, the Accredited foreign organization is
obligated to prepare the family of candidates for adoptive parents for a visit
to Bulgaria with the purpose of effectuating personal contact or shall receive a
written dissent regarding the adoption of the indicated child by indicating the
reasons for the dissent.
Shall send every six months to the “Children of Time” association a report
for the status and development of the child up to two years after the adoption
(four reports), according to Art. 136e, Par. 1, i. 8 of the Family Code of the
Republic of Bulgaria.
Throughout the whole procedure shall effect direct contact with the
candidates for adoptive parents and shall notify them for the stages of the
adoption procedure.
²V. FINANCIAL SECURITY OF THE MEDIATION ACTIVITY
Art. 5. The “Children of Time” association, by request on the
part of the candidates for adoptive parents, shall undertake to effect all
payments related to the adoption procedure by receiving via a bank transfer the
amount requisite for the effectuation of the adoptive activity: The
total maximal amount requisite for the complete effectuation of the adoptive
activity is 7900 EUR.
The amount is paid as
follows: - upon signing a Contract with the Foreign candidates for adoptive
parents – 1500 EUR. /In this case,
the amount of 1500 EUR, paid upon signing of the present Contract, as well as
all expenses made are not refundable and are on the account of the candidates
for adoptive parents./
- upon preparation of the
offer for child adoption, according to the requirements for adoption by the
foreign candidates for adoptive parents – 3500 EUR.
- upon receipt of consent
by the Ministry of Justice, on the grounds of Art. 23 of the HC – 2900
EUR.
Art. 6. The “Children of Time” association shall sign a contract with
the Foreign candidates for adoptive parents according to Art. 54 of Regulation
No. 3/2003 of the Ministry of Justice with regard to covering costs and expenses
regarding adoption, which shall used approximately as follows:
Translation and legalization of documents – 1000 EUR:
- 12- 18 BGN per page
Salaries /incl. for a technical assistant, for a person in charge of the
filing case/– 1300 EUR;
Business trips and expenses for a sojourn of a representative of the
Association, when the adopted child is in a location different from Sofia – up
to 100 EUR per day;
Issuance of a new birth certificate after the court has admitted the
adoption, international passport, care and other activities – 350 EUR;
Other expenses – transport, hotel, food, interpreters, accompanying expenses
– related to the sojourn of the candidates for adoptive parents on the territory
of the Republic of Bulgaria – up to 200 EUR;
Literature and enactments – 200 EUR;
Unforeseen expenses, incl. contacts abroad, plane tickets – up to 610
EUR;
The announced values of costs and expenses are
approximate and liable to alteration and corrections depending on objective
changes in the country.
Money are accounted according to the Bulgarian
legislation in Bulgaria.
V. TERM OF ACTIVITY
Art. 7. The contract shall come into effect after its signing
from both parties and shall be terminated in the following cases: 1/ upon
termination of the adoption procedure and receipt of all post-placement
reports. 2/ with a decision of the candidates for adoptive parents stated in
writing for the termination of the adoption procedure. 3/ inability to
continue the procedure due to changes in the Legislation of one of the
countries.
V². ADDITIONAL CONDITIONS
Art. 8. Upon alteration of some clauses in the contract, each of
the parties shall be obligated to notify the other party four months in advance
with regard to the effected changes. Upon termination of the Association – six
months. In their mutual activity, the “Children of Time” association and the
Accredited foreign organization shall follow the principles set by the Hague
Convention for the protection of the children and cooperation in the sphere of
international adoptions of 1993 and all Bulgarian and international legislative
documents related to the international adoption.
The contract was prepared and signed in three identical
copies, one for each party and one for the Ministry of Justice of the Republic
of Bulgaria.
FOR THE ASSOCIATION
FOR
THE ACCREDITED "CHILDREN OF
TIME":
FOREIGN ORGANIZATION
\between “Children of Time” Association and a
physical person\
On this day, .......................in Sofia,
between: 1. “Children of Time” Association, registered with
company file 544/2006, Sofia City Court, Company department, BULSTAT 175025092,
represented by the chairman of the MB – Nadezhda Ivanova Dimova, Personal No.
7311187670, and 2. Foreign candidates for adoptive parents for the
effectuation of mediation in international adoptions, the following
contract was concluded:
². SUBJECT OF CONTRACT Art. 1. Effectuation of joint activity
between the “Children of Time” Association and Foreign candidates for adoptive
parents in relation to the adoption of a child – Bulgarian citizen, living in
the Republic of Bulgaria. Art. 2. Applicable law: /1/ The association
offers services assisting the international adoption by the force of a Permit
issued according to the Family Code of the Republic of Bulgaria and Regulation
No. 3 regarding the terms and procedure for adoption of Bulgarian nationals by
foreigners. /2/ The adoption procedures are effected before the Bulgarian
court according to the legislation of the Republic of Bulgaria:
Family Code
Regulation No. 3 regarding the terms and procedure for adoption of Bulgarian
nationals by foreigners
Convention for the Protection of Children and Collaboration in the Sphere of
International Adoption
Code of Civil Procedure of the Republic of Bulgaria
/3/ Parties to the present Contract are obligated not to
disclose confidential information regarding the adoption with respect to the
interests of the child.
²². RIGHTS AND OBLIGATIONS OF THE “CHILDREN OF TIME”
ASSOCIATION Art. 3 /1/ The association has the right: 1. to receive all
requisite documents bearing due notary verification and legalization in relation
to the entry of the adoptive parents in the register and the conclusion of the
adoption procedure. 2. to be duly notified by the Foreign candidates for
adoptive parents for all circumstances related to the adoption and for changes
that have occurred therein. /2/ The association is obligated:
To mediate for the adoption of children – Bulgarian citizens by foreign
families by presenting full information to the Foreign candidates for adoptive
parents and the foreign families regarding the Bulgarian legislation for
international adoptions.
To be responsible for the authenticity of the translation and legalization
of all original documents requisite in the process of adoption.
To submit the documents of the candidates for adoptive parents in the
Ministry of Justice for entry into the register according to Art. 136à, Par. 2,
i. 7, letter „B” of the Family Code.
To send a report accompanied by photographs of the child, and, if needed,
video recordings and other materials to the Foreign candidates for adoptive
parents.
In case of consent on the part of the candidates for adoptive parents
according to Art. 11, Par. 1 of Regulation No. 3/2003, Ministry of Justice, the
“Children of Time” association shall render assistance in the visit of the
adoptive parents in Bulgaria for the realization of the five-day contact with
the child (welcoming, accommodation, transportation, translation, visitation in
the home where the child is being raised, etc. The expenses shall be borne by
the candidates for adoptive parents.)
For all candidates for adoptive parents that have signed a contract with the
“Children of Time” association. a dossier is filed according to Art. 56, Par. 1
of Regulation No. 3/2003 of the Ministry of Justice.
In case it is impossible to effectuate contact with the child, Art. 12, Par.
2 of Regulation No. 3/2003 shall apply.
To notify the candidates for adoptive parents for the received written
consent of the Ministry of Justice and that the dossier has been sent to court
according to Art. 13, Par. 3 of Regulation No. 3/2003 of the Ministry of
Justice.
In case the candidates for adoptive parents do not approve of the child
after the effectuated five-day contact, the association shall inform the Foreign
candidates for adoptive parents for the new number of entry according to Art.
14, Par. 1 of Regulation No. 3/2003.
To ensure representation of the adoptive parents before the court according
to Art. 136e, i. 9 of the Family Code of the Republic of Bulgaria.
• Upon admission of adoption, to mediate in the receipt of the court
resolution, birth certificate, passport and visa for the child, to present in
the Ministry of Justice a certified transcript of the court resolution according
to Art. 48, Par. 2 of Regulation No. 3/2003 of the Ministry of Justice.
To send the certificate by the Minister of Justice to the Foreign candidates
for adoptive parents that the adoption has been effected with the consent of
Art. 23 of the Hague Convention according to Art. 48, Par. 3 of Regulation No.
3/2003 of the Ministry of Justice.
To mediate in the effectuation of Art. 136e, items 10, 11 and 12 of the
Family Code of the Republic of Bulgaria.
To present every six months to the Ministry of Justice a report for the
status of the child according to Art. 136e, item 8 of the Family Code of the
Republic of Bulgaria.
To follow the requisite terms and stages of the adoption process according
to Art. 48 (1) of Regulation No. 3/2003 of the Ministry of Justice.
The persons working and managing the “Children of Time” association shall
sign a declaration according to Art. 50, Par. 2 and Art. 51 of Regulation No.
3/2003 of the Ministry of Justice.
To present information according to Art. 53, Par. 2 of Regulation No. 3/2003
of the Ministry of Justice.
²²². RIGHTS AND OBLIGATIONS OF THE FOREIGN CANDIDATES FOR
ADOPTIVE PARENTS
Art. 5 /1/ The Foreign candidates for adoptive parents have the
right: 1. to be informed about the stage in which the adoption is. 2. to
ask the Association any questions about the Bulgarian legislation, the course of
the specific adoption and all consequences thereof. 3. to receive the report
about the child together with photographs and video recordings. 2/ The
Foreign candidates for adoptive parents are obligated to:
present to the “Children of Time” association all documents requisite for
the adoption procedure in the Republic of Bulgaria, namely:
a/ copy of the passport of the candidate for adoptive
parent; b/ permit for the adoption of a child in accordance with the
applicable legislation of the Country whose citizen is the adoptive parent and
in which he/she permanently resides; c/ document issued by a competent body,
certifying that the candidate for adoptive parent has not been deprived of
parental rights; d/ social study for the candidate for adoptive parent, also
containing information for the members of his family, as well as for their
physical and mental health; e/ document certifying the physical and mental
health of the adoptive parent, containing information about AIDS, tuberculosis,
grave chronic, infectious venereal diseases, and other health problems
endangering his life; f/ certificate of conviction. g/ marriage
certificate. h/ document issued by a competent body, certifying that the
Legislation of the country whose citizen is the adoptive parent, or the country
of his permanent residence prohibits re-adoption, or in case such a prohibition
is not stipulated, a declaration by the adoptive parent/s/ bearing notary
verification and stating that the child shall not be re-adopted; i/
declaration bearing notary verification and stating that the child shall not be
subjected to experimental medical treatment and its body parts shall not be used
for donor purposes. 2. The above stated documents should be presented by each
one of the spouses – candidates for adoptive parents. 3. Shall send every six
months to the “Children of Time” association a report for the status and
development of the child up to two years after the adoption (four reports),
according to Art. 136e, Par. 1, i. 8 of the Family Code of the Republic of
Bulgaria.
4. To assume charge during the five-day personal contact with
the child, as well as the constant care for it after termination of the adoption
procedure.
²V. FINANCIAL SECURITY OF THE MEDIATION ACTIVITY
Art. 6. /1/
The “Children of Time” association, by request on the part of the candidates for
adoptive parents, shall undertake to effect all payments related to the adoption
procedure by receiving via a bank transfer the amount requisite for the
effectuation of the adoptive activity: The total maximal amount
requisite for the complete effectuation of the adoptive activity is 7 900 EUR..
The amount is paid as follows:
- upon signing a
Contract with the Foreign candidates for adoptive parents – 1500
EUR. In this case, the amount of 1500 EUR, paid upon signing of the
present Contract, as well as all expenses made are not refundable and are on the
account of the candidates for adoptive parents.
- upon preparation
of the offer for child adoption, according to the requirements for adoption by
the foreign candidates for adoptive parents – 3500 EUR.
- upon receipt of
consent by the Ministry of Justice, on the grounds of Art. 23 of the HC – 2900
EUR.
Art.. 6. /2/ The “Children of Time” association shall sign a contract
with the Foreign candidates for adoptive parents according to Art. 54 of
Regulation No. 3/2003 of the Ministry of Justice with regard to covering costs
and expenses regarding adoption, which shall used approximately as follows:
Translation and legalization of documents – 1000 EUR:
- 12- 18 BGN per page
Salaries /incl. for a technical assistant, for a person in charge of the
filing case/– 1300 EUR;
Business trips and expenses for a sojourn of a representative of the
Association, when the adopted child is in a location different from Sofia – up
to 100 EUR per day;
Issuance of a new birth certificate after the court has admitted the
adoption, international passport, care and other activities – 350 EUR;
Other expenses – transport, hotel, food, interpreters, accompanying expenses
– related to the sojourn of the candidates for adoptive parents on the territory
of the Republic of Bulgaria – up to 200 EUR;
Literature and enactments – 200 EUR;
Unforeseen expenses, incl. contacts abroad, plane tickets – up to 610
EUR;
The announced values of costs and expenses are
approximate and liable to alteration and corrections depending on objective
changes in the country.
Money are accounted according to the Bulgarian
legislation in Bulgaria.
V. TERM OF ACTIVITY Art. 7. The contract shall come into
effect after its signing from both parties and shall be terminated in the
following cases: 1/ upon termination of the adoption procedure and receipt of
all post-placement reports. 2/ with a decision of the candidates for adoptive
parents stated in writing for the termination of the adoption procedure. 3/
inability to continue the procedure due to changes in the Legislation of one of
the countries.
. ADDITIONAL CONDITIONS Art. 8. /1/ Upon alteration of some
clauses in the contract, each of the parties shall be obligated to notify the
other party four months in advance with regard to the effected changes. Upon
termination of the Association – six months. /2/ In case of dissent on the
part of the candidates for adoptive parents regarding the adoption of a specific
child, the amount stipulated in Art. 6 is not refundable. In this case, the
Association shall undertake all requisite activities regarding re-registration
of the candidates for adoptive parents and the initiation of a new procedure for
the adoption of another child, and the candidates for adoptive parents shall pay
the additional expenses. /3/ In case the candidates for adoptive parents
refute the Bulgarian adoptive procedure before the receipt of an offer for a
child, the Association shall retain the amount of 2000 EUR, which shall include
the expenses for translation and legalization of the documents, administrative
expenses and mediation charge for registration of the adoptive parents in the
Ministry of Justice. /4/ In their mutual activity, the “Children of Time”
association and the Accredited foreign organization shall follow the principles
set by the Hague Convention for the protection of the children and cooperation
in the sphere of international adoptions of 1993 and all Bulgarian and
international legislative documents related to the international
adoption. Art. 9. /1/ The candidates for adoptive parents shall declare that
before the conclusion of the present contract, they have been acquainted in
detail with: the purposes of the Association, the permit for mediation, its
activity term and the rights and obligations hereto, the amounts of the charges,
fees, commissions and expenses stipulated in the contract, the requirements of
the legislation of the Republic of Bulgaria and the legislation of the home
country, all documents, the legal consequences of the adoption, all rules
pertaining to the present contract.
The contract was prepared and signed in three identical
copies, one for each party and one for the Ministry of Justice of the Republic
of Bulgaria.
FOR THE ASSOCIATION
„’CHILDREN OF TIME’:
CANDIDATES FOR ADOPTIVE PARENTS
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