Sat, Nov 21 2009

Bulgaria a step closer to equating living together with marriage

Thu, Oct 02 2008 19:35 CET 349 Views

Bulgaria's Parliament approved the first reading of changes to the Family Code on October 2, including giving a nod to putting cohabitation on the same legal footing as marriage and changing the rules for foreign adoptions.

The amendments were approved in spite of objections by major church groups including the Bulgarian Orthodox Church and Roman Catholic Church. However, Bulgarian news website mediapool.bg said that it was likely that the bill would undergo "major changes" before the second reading, taking account of religious and conservative objections to equating living together with marriage.

Plans were for a lobby group formed to protect "family values" to hold a protest in the centre of Sofia on the night of October 2, calling for the amendments to be revised.

The amendments are the first substantial revisions to the Family Code since the current version was introduced in 1985, after some minor tinkering in 2003. The proposed changes, if approved, will for the first time in Bulgaria regulate ante-nuptial contracts, and also enable fast-track divorces. An ante-nuptial contract will regulate who of the spouses will have to pay alimony in case of divorce and who will get custody of children and possession of the family home.

Under current Bulgarian law, all family property and assets acquired after a marriage must be divided equally in the event of divorce, which tends to turn divorce cases into prolonged processes. With the introduction of ante-nuptial agreements, the plan is for cases to last no longer than one court sitting.

The amendments to the Family Code will recognise cohabitation as a legal equivalent of marriage. The amendments will allow children to be put up for adoption if parents have behaved as absentees, leaving their children in state institutions for six months continuously.

Adoptions by foreigners will be allowed only if there are no suitable candidate adoptive parents within Bulgaria, according to the proposed code. A national register of adopters and an integrated information system on children subject to full adoption are to be introduced.

The rules about adoption will apply not only to children who are Bulgarian nationals but also to children who are foreign nationals normally staying in Bulgaria. The criteria for selecting an appropriate adoptive parent are set out in the code.

Children will be given the right of an opinion on all matters concerning them, including adoptions. According to the proposed code, parents should take into account their children's views and desires, also taking into account the children's age, maturity level and interests.

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Not a level playing field

Bulgaria is the only EU country that fails to recognise cohabitation as a legal equivalent to marriage

Cohabitation is not marriage, Parliament decides

Bulgarians can divorce faster and easier with pre-nuptial contracts regulating proceeds

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