Law no. 68 of 28 April 2008 “Regulations on intercountry adoption and protection of minors” applies to the adoption of children residing in States Parties to The Hague Convention of 29 May 1993 on protection of children and co-operation in respect of intercountry adoption.
San Marino has been a State Party to the Convention since 2004. This instrument obliges signatory States to establish common provisions in order to ensure that intercountry adoptions are made IN THE BEST INTERESTS OF THE CHILD and with respect for his or her fundamental rights, and to prevent any form of exploitation.
With regard to children habitually resident in other countries, Law no. 83 of 1999 “Law on adoption of foreign children, as amended by Article 3 of Law no. 68/2008, shall apply.
The Hague Convention provides that a child can be moved for adoption purposes from his/her State of origin to another country only:
if the Authorities of the State of origin:
- have established that the child is adoptable (declaration of the state of adoptability issued following the notice of abandonment of the child);
- have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child's best interests;
- have established that any consents required for adoption have not been induced by deception, or payment or compensation of any kind;
and if the Authorities of the receiving State:
- have determined that the prospective adoptive parents are eligible and suited to adopt;
- have ensured that the prospective adoptive parents have been counselled as may be necessary;
- have determined that the child can be authorised to enter and reside permanently in that State for adoption purposes, after having checked all documents issued by the authorities of the State of origin of the child.
All intercountry adoption proceedings taking place both in the receiving State and in the State of origin shall be carried out through the Central Authorities of the respective countries.
So far, those residing in San Marino have adopted from various countries, both Stats Parties and non-States Parties to The Hague Convention, whereas, as of 4 May 2012, adoption procedures are underway with Lithuania, Mexico, the Philippines, India and Bulgaria.