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					                          THE CODE OF CIVIL PROCEDURE
                          OF THE REPUBLIC OF LITHUANIA



                                      CHAPTER XXIX


                               ADOPTION PROCEEDINGS



                              Article 480. Filing an application

1. A citizen of the Republic of Lithuania whose place of residence is in the Republic of
Lithuania, shall file an application for adoption with the local court of his/her or the adoptive
child's place of residence.


2. A citizen of the Republic of Lithuania permanently residing abroad, a citizen of a foreign
State, a person without citizenship or a person who has the citizenship of both the Republic of
Lithuania and a foreign State, shall file an application for adoption with Vilnius District
Court.


Article 481. Contents of an application

1. Apart from the general requirements set for the contents and form of procedural
documents, an application shall specify:


1) the data about the applicant (the first name, surname, personal code, date and place of
birth, place of residence, working place, marital and material status, health state, whether or
not he/she is included in the waiting list of the persons who want to adopt, as well as the
conclusion of institutions of the foreign State whose citizen the applicant is or where his/her
place of residence is located as to his/her eligibility as an intercountry adoptive parent);


2) the data about the adoptive child (the first name, surname, personal code, date and place of
birth, his/her parents or guardians (caregivers), the child's location, health state, whether or
not he/she is included in the waiting list of children eligible for adoption);


3) the motives of adoption.
2. If the applicant requests to give the adoptive child the surname of the adoptive parents and
their indicated first name, this shall be stated in the application for adoption.


Article 482. Submission of evidence

1. To the application for adoption shall be attached:


1) the certificates on health state of the adoptive parents and, if possible, of the adoptive
child, issued in the procedure established by the Minister of Health Care;


2) if possible, a court ruling confirming the consent for adoption of the child's parents and, if
the child's parents are minors or legally incapable, of their parents or guardians (caregivers),
except for the cases stipulated by laws;


3) if possible and if the child has the guardian (caregiver) appointed in the procedure
prescribed by laws, except for the State care institution, a court ruling confirming the
guardian's (caregiver's) consent for adoption;


4) if the adoption is requested only by one of the spouses, written consent of the other spouse
for adoption, except for the cases stipulated by laws;


5) the data that the adoptive parent is included in the waiting list of persons who want to
adopt and that the adoptive child is included in the waiting list of children eligible for
adoption;


6) the conclusion of a social worker certified by the State Adoption Agency on the readiness
for adoption.


2. Citizens of a foreign State or persons without citizenship, when filing an application for
adoption, shall submit the documents executed in the procedure established by his/her State
laws, the data confirming that a foreign State will recognise the adoption of a particular child,
that an official permit to enter the country and live permanently therein has been issued or
will be issued to the child. Such documents shall be accompanied by their translations into
Lithuanian approved in the procedure prescribed by laws. The documents shall be legalised,
except for the cases provided for by laws or international treaties.


Article 483. Preparation for legal proceedings




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The court, while preparing to examine the case shall:


1) assign the State Adoption Agency to submit the conclusion whether or not there are any
obstacles stipulated by laws to adopt this particular child, and the data as to whether there is
any application of other persons to adopt the same child, about the registration of the adoptive
parent and adoptive child in appropriate lists;


2) demand and obtain from the State Adoption Agency the data about the background,
development, health state and family of the adoptive child;


3) if adoption is requested by a citizen of a foreign State or a person without citizenship, shall
assign the State Adoption Agency to submit the conclusion whether the pre-trial adoption
procedure has been completed under the Civil Code.


Article 484. Examination of the case

1. The adoption case shall be examined by way of oral proceedings in a closed court hearing.


2. Notification on examination of the case shall be given to the applicant, other persons who
have stated their wish to adopt the same child, the State Adoption Agency, the State Agency
of Children's Rights Protection and other persons concerned.


3. Other persons who have stated their wish to adopt the same child may file with the court
examining the case the applications with independent claims regarding adoption. Upon
acceptance of such applications by the court, these persons shall participate in the case as
applicants.


4. The adoption case shall be examined in obligatory presence of the applicants, a
representative from the State Adoption Agency, a representative from the Agency of
Children's Rights Protection, who present in court their conclusion on adoption.


5. The court shall check whether adoptive parents have proper conditions and are duly
prepared for adoption.


6. The consent of parents, guardians (caregivers) for adoption may be revoked before the
court takes a decision on adoption. After filing an application to revoke the consent for
adoption, the examination of the adoption case shall be suspended until the issue concerning
the revocation of the consent is resolved.


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Article 485. Consent by an adoptive child

1. If an adoptive child is ten years of age, it shall be required to listen to his/her opinion in the
court hearing. The court shall find out whether the adoptive child agrees to be adopted by the
adoptive parent, agrees to the adoptive parents to be recognised as his/her parents and
himself/herself to be recognised as the child of the adoptive parents, also to the change of
his/her first name, surname. It is not permitted to adopt without the written consent of the
adoptive child who is already ten years of age.


2. If an adoptive child is under ten years of age, but is capable of forming his or her own
views, the child shall be listened to in the court hearing concerning the adoption, the change
of the first name and surname. The views may be expressed in verbal, written form or other
ways chosen by the child. The court, when making a decision, shall take into considerations
the child’s wish unless such wish is contrary to the interests of the child.


3. An expert psychologist may be invited to establish whether a child is capable of forming
his or her own views and interpret the expressed view of the child.


4. When listening to the child, the court shall follow the rules set forth in Article 194 clause 1
of this Code.


5. In exceptional cases, at the court's discretion and by its ruling, for the period of listening to
the child's opinion, any of the participants of the case may be eliminated from the hall of the
court hearings. When such person returns to the hall, he/she shall be informed about the
views expressed by the child.


6. Upon permission by the court, the teacher and/or psychologist participating in the court
hearing, as well as the persons participating in the case, may give questions to the child.


7. The court shall explain to the adoptive child the consequences of giving of the consent and
adoption. The court shall refuse to accept the adoptive child's consent to being adopted if
there is any ground to think that the consent has been obtained by way of compulsion or fraud
or seeking unlawful financial gain.


Article 486. Transfer of a child to the family prior to adoption




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1. If, in consideration of the psychological readiness of prospective adoptive parents for
adoption and of the adoptive child - to be adopted, the duration of association of prospective
adoptive parents and adoptive child before the application to adopt, as well as other
circumstances, there may arise doubts as to whether the child will adjust to the adoptive
parents' family, and there is a ground to think that there are no other obstacles to adoption, the
court which examines the case, at the request of the State Adoption Agency or own initiative,
may set by its ruling for the applicant a probation period from six to twelve months and
transfer the child to live in the applicant's family, where he/she would be nurtured and
maintained. In this case, the examination of the adoption case shall be suspended.


2. Having renewed the examination of the case, the State Adoption Agency shall submit to
the court the conclusion on the adoptive parents' readiness to adopt this particular child,
psychological compatibility among the adoptive parents and the child.


3. Having renewed the examination of the case, the court shall satisfy anew the statutory
requirements in respect of the adoptive child's consent.


Article 487. The court decision

1. The child shall be adopted or the application for his/her adoption shall be declined by
decision of the court.


2. If the application is satisfied, by the court decision the adoptive parents shall be recognised
as the child's parents and the adoptive children shall be recognised as the children of the
adoptive parents. If by the court ruling the child has been transferred to the family prior to
adoption, upon adoption of the child the adoptive parents shall be deemed the child's parents
by law from the moment of coming into force of the ruling to transfer the child to the family.
The court shall specify this in the decision.


3. The resolution part of the court decision shall retain the data preserving the child's
individuality: the date of birth, the place of birth, also the first name and/or surname unless
they are changed.


4. In case of adoption by citizens of foreign States, the resolution part of the court decision
shall specify the State to which adoption is permitted.


5. An enforced court decision to permit adoption shall be sent, within three days, to the Civil
Records Office which has registered the birth of the child.


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6. The court decision to permit adoption shall be the ground for the Civil Records Office to
change the birth record of the adoptive child and issue a new birth certificate.


7. The full court decision shall be announced in a closed court hearing.


Article 488. Consent for adoption

1. The child's parents or, if they are minors or legally incapable, their parents or guardians
(caregivers), the child's guardian (caregiver) shall give written consent, executed in the form
of an application, to the local court of his/her place of residence or of the place of residence
of the child in respect of which the consent is given.


2. The application for approval of the consent for adoption shall specify:


1) the data about the person giving such consent (the first name, surname, personal code, the
date and place of birth, the place of residence);


2) the data about the age and health state of the child's parents if they are minors or legally
incapable;


3) the data about the child (the first name, surname, personal code, the date and place of birth,
his/her parents or guardians (caregivers), the place of residence and location of the child).


3. The consent for adoption shall be accompanied by the evidence confirming the
circumstances set forth therein.


4. The consent for adoption shall be examined by way of oral proceedings. Notification on
examination of this issue shall be given to the person who gives consent and minor parents of
the child.


5. The court shall explain to the person who gives consent the consequences of giving of such
consent and adoption.


6. The issue of approval of the consent for adoption shall be resolved by the court ruling. The
court shall approve the consent if it establishes that the consent for adoption has been given
voluntarily without pressure on the will of the person who gives consent, has been not
obtained by way of compulsion or seeking unlawful financial gain. While approving consent,


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the court in its ruling shall explain the consequences of adoption and the right to revoke the
given consent. This ruling may be appealed against by a separate complaint.


7. A copy of the enforced ruling approving the consent for adoption shall be sent by the court
to the State Adoption Agency within three working days.


Article 489. Revocation of consent for adoption

1. Parents, guardians (caregivers) may revoke their given consent for adoption. If the consent
for adoption of a child of under-age or legally incapable parents has been given by their
parents or guardians (caregivers), in such case when the child's parents attain majority or
become legally capable the consent for adoption shall lose effect. An application regarding
revocation of the consent for adoption shall be filed with the court which has approved the
consent for adoption.


2. The application regarding revocation of the consent for adoption shall specify:


1) the data about the person which revokes the consent for adoption (the first name, surname,
personal code, the date and place of birth, the place of residence);


2) the data about the child in respect of which the consent for adoption is revoked (the first
name, surname, personal code, the date and place of birth, his/her parents or guardians
(caregivers), the place of residence and location of the child);


3) the data about approval of the consent for adoption.


3. The State Adoption Agency, having received an application regarding revocation of the
consent for adoption, on the same day shall send the application to the court which has
approved such consent and, if the adoption case is being examined in court, shall immediately
notify in writing or orally the court examining the adoption case. The filing of the
application, if the court decision on adoption is not taken yet, shall suspend the
implementation of adoption procedures.


4. The application regarding revocation of the consent for adoption shall be examined by the
local court which has approved such consent.




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5. The application shall be examined by way of oral proceedings. Notification on its
examination shall be given to the person who revokes the consent for adoption and the State
Adoption Agency.


6. The court shall check whether one year has passed from restriction of the parental power
and whether the restriction of the parental power is not cancelled, also whether or not the
consent for adoption is revoked by virtue of material benefit only.


7. The issue of the application regarding revocation of the consent for adoption shall be
resolved by the court ruling. Such ruling may be appealed against by a separate complaint.


8. After coming into force of the court ruling which approved the revocation of the consent
adoption, the court shall indicate the revocation of the consent for adoption in the ruling by
which the consent for adoption was approved.


9. A copy of the enforced court ruling shall be sent by the court, within three working days,
to the State Adoption Agency and the court which has suspended the adoption proceedings.


Article 490. Appealing against the conclusion of the State Adoption Agency

1. If a person disagrees with the conclusion of the social worker, certified by the State
Adoption Agency, concerning the readiness for adoption, such person shall file, within one
month from the day of execution of the conclusion, with the local court of his/her place of
residence an application for cancellation of the conclusion. The person who intends to adopt a
child abroad shall file an application with Vilnius District Court.


2. An application for cancellation of the conclusion shall be accompanied by the contested
conclusion of the certified social worker.


3. The application shall by examined by way of oral proceedings. Notification on its
examination shall be given to the applicant, the State Adoption Agency and the social worker
who has executed the conclusion.


4. A court ruling shall be taken in respect of the application. This ruling may be appealed
against by a separate complaint.




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