CAUTION !!! automatic translation from Polish
- Illegal adoption in the light of the amendment to the Criminal Code in 2019
NOTE: translated from Polish!
On 1 July 2019, amendments to the Criminal Code came into force, which tightened the regulations on illegal adoption. According to Article 211a of the Penal Code, a person who illegally adopts a child is subject to imprisonment from 6 months to 5 years. This provision aims to curb illegal adoption procedures, including child trafficking and adoption fraud.
Illegal adoption is any activity that involves getting a child up for adoption
in violation of the law. This includes both manipulation of documentation
and mediation in adoption that does not meet the formal requirements. The changes from 2019 extend responsibility to all persons involved in the procedure, including intermediaries and organizers.The 2019 amendment responds to the growing number of cases of illegal adoptions, both in Poland and around the world. The introduction of tougher sanctions is aimed at protecting children from unfair practices. Assigning responsibility also to persons who intermediate in illegal adoptions ensures greater effectiveness in the fight against this practice.
The changes in the law are aimed at increasing the protection of children and improving the transparency of adoption processes. Lawyers and adoption institutions must take special care to verify documents and work closely with law enforcement agencies. The new legislation helps build trust in legal adoption procedures, ensuring greater safety for children and their future families.
The introduction of Article 211a of the Civil Code in 2019 is a significant change in the law, in particular § 2 of the article emphasizing that a parent with full parental authority who gives a child for illegal adoption, for the purpose of material or personal gain or by bypassing the procedure in the adoption case, is subject to the same penalty as the organizer of the adoption.
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