Adoption and Divorce in Romania: Family Law

Published on April 30, 2026 and written by Cyril Jarnias

In Romania, family law is a dynamic field that reflects the country’s societal evolution and contemporary aspirations. Issues of adoption and divorce, two crucial aspects of this legislation, are often at the heart of public debates and legislative reforms.

Distinctly, the adoption process, often seen as a promising path to give many children a new chance, comes with strict regulations aimed at ensuring the well-being of children.

At the same time, divorce in Romania, whether consensual or contested, involves both legal and human considerations, often including discussions about child custody and property division.

This exploration of Romanian family law will highlight not only the institutional procedures but also the emotional and social impact on the individuals involved, offering revealing insight into how Romania addresses these fundamental issues.

Basics of Family Law in Romania

Family law in Romania is primarily governed by the Romanian Civil Code of 2009, which came into force on October 1, 2011, replacing the old Family Code of 1953. This framework is supplemented by the 1991 Constitution and other relevant legislative texts.

Main Sources of Family Law in Romania:

Source	Main Content
Constitution (Art. 26, 48)	Protection of family and private life, equality of spouses, parental rights and duties
2009 Civil Code (Art. 258+)	Definition of family, marriage, filiation, adoption, rights and duties of family members
Special Laws	Adoption, child protection, combating domestic violence

Fundamental Principles of Family Law:

• Best interest of the child: priority given to the protection, education, and well-being of children.
• Equality of rights and duties between men and women within marriage.
• Freely consented marriage: marriage is based on the free consent of both spouses.
• Monogamy: only the union between one man and one woman is recognized.
• State protection of the family: the family benefits from specific legal protection.
• Equality of children: no legal distinction between legitimate, natural, or adopted children.
• Family solidarity: obligation of material and moral support among family members.

Family Relationships and Marriage Recognition:

• Civil marriage is the only form recognized by the state; religious celebration can only take place after the civil ceremony.
• Cohabitation (common-law union) is not prohibited but does not offer the same legal protection as marriage.
• The effects of marriage (rights and obligations of spouses) are subject to the law of the common habitual residence or, failing that, the law of nationality.

Rights and Duties of Spouses and Parents:

• Spouses have reciprocal rights and duties of material and moral assistance.
• Parents have the obligation to ensure the growth, education, and instruction of their children.
• Parental authority is joint, even in the event of parental separation.

Child Protection and Well-being:

• A child, whether born in wedlock, out of wedlock, or adopted, benefits from the same legal protection.
• Adoption in Romania is full: the adopted child acquires the same rights as a biological child.

Historical Evolution and Recent Changes:

• Until the 19th century, family law was primarily religiously inspired (Byzantine influence).
• The creation of the modern Romanian state led to the secularization of family law, inspired by the Napoleonic model.
• The 2009 Civil Code modernized legislation, particularly regarding matrimonial regimes and equal rights.

European and International Influence:

• Romanian family law is influenced by European standards, notably the European Convention on Human Rights and the case law of the European Court of Human Rights.
• Conflict of laws rules take into account European regulations (Brussels II bis) and international conventions on child protection and recognition of foreign decisions.

Key Points to Remember:

• Family law in Romania is based on the protection of the family, equality of spouses, and the best interest of the child.
• Current legislation aims to comply with European and international requirements while preserving certain national specificities.

Adoption Procedures in Romania for Expats

Legal and Administrative Steps for Adopting a Child in Romania by Expats:

• Expats must go through an accredited adoption agency in their country of residence (e.g., French Adoption Agency for France). It is prohibited to file a request directly with local institutions or to carry out an individual adoption.
• The procedure begins with compiling a file with the accredited body in the country of residence.
• The file is transmitted to the National Authority for the Protection of Children’s Rights and Adoption (ANPDA), the competent Romanian central authority.
• Matching (connecting with an adoptable child) is organized by the ANPDA.
• The adoption request is submitted to the competent court in Romania, which rules by judicial decision, in the presence of the adoption candidates.
• After the judgment, the adopters must obtain the necessary documents before leaving Romania with the child.

Eligibility Requirements for Adopters:

Criterion	Detail
Family Relationship	International adoption reserved for persons with a family relationship up to the 4th degree with the child, or for those who also hold Romanian nationality.
Age of Adopters	The adopter must be at least 18 years older than the child. Some organizations recommend a minimum age of 25.
Marital Status	Married couples and single individuals can adopt, subject to nationality or kinship conditions.
Criminal Record	Adopters must not have convictions incompatible with welcoming a child.

Role of Authorities and Accredited Agencies:

• National Authority for the Protection of Children’s Rights and Adoption (ANPDA): Centralizes files of adoptable children, organizes matching, processes requests, and transmits files to competent courts.
• Accredited Adoption Agencies: Assist adopters in compiling the file, serve as intermediaries between candidates and the ANPDA, ensure compliance with Hague Convention procedures.

Post-Adoption Obligations:

Adopters must comply with post-adoption follow-up obligations set by Romanian legislation and by the authorities of their country of residence.

These obligations generally include submitting regular reports on the child’s integration and well-being for a specified period after the adoption.

Approximate Duration of the Adoption Process:

The total duration of the process can vary from 2 to 5 years depending on the family situation, the nationality of the adopters, the complexity of the file, and court delays.

The procedure may be shorter in the case of adopters with a direct family relationship with the child or dual nationals.

Challenges and Specificities for Expats:

• International adoption in Romania is very restrictive: it is only possible for Romanian nationals residing abroad or for persons with a close family relationship with the child.
• Applications without a family relationship or Romanian nationality are excluded.
• The requirements of the Hague Convention impose strict control over procedures and file compliance.
• Expats must anticipate complex administrative procedures, sometimes long delays, and post-adoption obligations to be fulfilled both towards Romania and their country of residence.

To Remember:

International adoption in Romania is strictly regulated, limited to certain profiles of expats, and involves a demanding judicial and administrative process with post-adoption follow-up obligations.

Divorce Procedures for Expats in Romania

Overview of Romanian divorce laws and specificities for expats:

• Romanian divorce law applies to all couples, including when one or both spouses are expats or foreigners.
• There are no specific rules for foreigners: the procedure is identical, unless an international convention or European regulation applies (e.g., in case of different nationalities or multiple residences within the EU).
• The competent courts and applicable law may depend on the last common residence, nationality, or place of residence of the spouses.
• In the presence of multiple nationalities or residences in different EU countries, European regulations determine the competent court and applicable law.

Prerequisites for Initiating Divorce Proceedings in Romania

• It is not necessary to be a Romanian citizen.
• Territorial jurisdiction generally depends on:
  • the place of the last common residence,
  • the place of residence of the defendant,
  • or, in case of expatriation of both spouses, a court chosen by mutual agreement or, failing that, the Sector 5 Court of Bucharest.
• The marriage must be recognized in Romania; if married abroad, it must be registered with the Romanian civil registry.

Types of Divorce Available in Romania and Implications for Expats

Type of Divorce	Main Conditions	Specificities for Expats
Mutual Consent (Administrative or Notarial)	Full agreement on all aspects (name, children, property); personal presence required or power of attorney	Possible even if expat, subject to full agreement and prior registration of marriage in Romania
Contested (Judicial)	Disagreement on one or more points, or impossibility of joint appearance	Jurisdiction based on residence, possibility of representation by lawyer, longer procedure

Step-by-Step Guide to Administrative Procedures

1. Check the competence of the court or notary office (based on residence, nationality, and type of divorce).
2. Prepare documents:
   • ID of both spouses
   • Original marriage certificate (+ transcription if married abroad)
   • Birth certificates of children (if applicable)
   • Written agreement on divorce terms (if mutual consent)
   • Power of attorney if represented
3. File the request:
   • With the civil registry or notary (mutual consent, no minor children)
   • With the notary (mutual consent, with minor children, if full agreement)
   • With the competent court (contested or lack of agreement)
4. Cooling-off period: 30 days required by law for mutual consent procedures (administrative and notarial).
5. Obtain the judgment or divorce decree.

Typical Timelines for Finalizing a Divorce

• Mutual Consent (Notary or Civil Registry): approximately 1 to 2 months, including the cooling-off period.
• Contested (Court): several months to over a year, depending on complexity and party cooperation.
• Expat Status: may lengthen the procedure (difficulty in appearing, need for translations and apostilles, international notification delays).

Legal Consequences of Divorce for Expats

• Child Custody: priority given to the best interest of the child; possibility of joint or shared custody if agreed, otherwise judge’s decision.
• Child Support: set according to the child’s needs and parents’ resources, with possibility of international payment.
• Property Division: according to the chosen matrimonial regime (community or separation of property); possible complications if assets are abroad.
• For expat families, decisions may have cross-border consequences: enforcement abroad, dual recognition, conflicts of laws.

Tips for Finding Local Legal Assistance

• Prioritize a Romanian lawyer specializing in family law and knowledgeable in private international law.
• There are law firms accustomed to handling expat cases, offering services in English or French.
• Consulates and embassies can provide a list of approved professionals and inform about ancillary consular procedures.

Cultural or Administrative Specificities to Know

• The physical presence of both spouses is often required for mutual consent procedures, unless a notarized power of attorney is provided.
• Foreign documents must be translated into Romanian and apostilled or legalized.
• The cooling-off period (30 days) is mandatory and cannot be bypassed.
• Procedures may vary depending on local practices of courts and notaries, hence the importance of legal guidance.
• Certain cultural aspects, such as mediation or seeking parental agreements, are strongly encouraged before the contested phase.

Note:
International situations (marriage, children, or assets abroad) require increased vigilance regarding the recognition of the divorce in the different countries involved.
It is highly recommended to consult a lawyer from the start of the process to avoid procedural errors and ensure the international validity of the divorce.