Opening the adoption procedure. Substitution of the parents’ consent

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

The court considers the fact that the exercise of the rights by a person, including the parental rights, should be performed in good faith and according to the purpose for which they were acknowledged by the law, and not abusively, and therefore, otherwise, they are exercised to the detriment of the best interest of the child. 
The assessment of the refusal to express the consent to adoption and the determination of its abusive nature should not be made in relation to a certain moment, however, taking into account the whole extrajudicial and judicial attitude of that parent, from the birth time, until the conduct of the legal proceedings, but also during the legal proceedings.