parentage and citizenship
The couple may establish parentage via affiliation (a birth certificate showing their names as mother/father should be sufficient to perfect their parental rights in Romania; DNA tests are unlikely to be requested)
Same Sex Couples
The biological father may establish parentage via affiliation (a birth certificate should list bio dad and surrogate; DNA tests are unlikely to be requested)
Adoptions for same sex couples are not available in Romania; however, the non-biological father can be established as a guardian to the child
Romanian law prohibits single men from building a family via ART/surrogacy
**It is a criminal offense for a Romanian citizen to adopt a child abroad. Any US judgment establishing parentage should be a pre-birth or post-birth judgment and not an adoption decree or make any reference to an adoption.
Upon returning home, the US Birth Certificate should be presented at the Civil Registry in the area where the Intended Parents reside to register the child as a Romanian citizen. Citizenship is granted on the basis of descent.
GC Matching Criteria / Complex Cases
Intended Parents should only be matched with single GCs.
In the case of same sex couples, the biological father should be listed along with the surrogate and then later amended to add the second intended father.
In the case of hetero couples, the birth certificate should list the intended parents as mother and father.
Returning to romania / Clearing Immigration
Parent(s) may use either the EU or non-EU immigration line.
Parent(s) should have the following documents with them when clearing immigration:
US Birth Certificate
US Parentage Judgment/Order
Letter from Romanian counsel