Contract for mediation in international adoption

This Contract is entered into between the Association for International Adoption and Reintegration //, registered as a non-profit association for carrying out socially useful activity, with tax No. 2220147366, BULSTAT 131126083, having its registered office and address at: 10, Dimitar Hadjikotsev Str., fl. 6, apt. 11, Sofia, Republic of Bulgaria, represented by the Chairman of the Management Board Maya Dimchova Pangelova, PIN ……………., hereinafter referred to as AMOR, on one side, and
Messrs ……………………………………………………………………………….,
with ……………… nationality, with address in the ……………….., …………………………………………………………….., of full age and capacity, hereinafter referred to as MANDATOR/S/, on the other side.
The following agreement has been reached and signed:  

I. SUBJECT OF THE CONTRACT

Art. 1. Mandators assign to and the latter, in the capacity of accredited organization for mediation in international adoption, undertakes to take any and all the required actual and legal actions on the territory of the Republic of Bulgaria for starting and completing of the procedure for the full adoption by the mandators of a child with Bulgarian citizenship in compliance with international treaties to which the Republic of Bulgaria is a signatory, as well as in compliance with Bulgarian and …………. laws being the laws of the countries of origin and of the recipient country. .
Art. 2. has a permit for mediation activity in international adoption No. 24 of 25.05.2004. The permit is valid until 25.05.2006.
Art. 3. /1/ This Contract shall enter into force from the date of its signing by the parties.
          /2/ The obligations of on the execution of this Contract shall arise on the day following the date of receipt via bank of the advance remuneration from the mandators but not earlier than the day following the receipt of the complete documentation required for initiation of the procedure for child adoption in accordance with Art. 5 of Regulation No. 3 of 03.09.2003 of MOJ.
      /3/ The validity of the Contract shall be terminated with the execution of the obligations under it or by mutual agreement between the parties.

II. REMUNERATION

Art. 4. /1/ For carrying out the activity, the subject of this Contract, the mandators shall pay remuneration to in the amount of …………………………/in words/ …………. Euro /lev/, which shall be remitted via bank to a bank account of .........................……………………….
      /2/ The total amount of the remuneration shall be paid in three installments, that is to say: advance installment of 30% of the total amount, second installment of 50% of the total amount and third and last installment amounting to the remainder of the total amount.
      /3/ The second installment shall be paid at the moment of giving the written agreement of the mandators for adoption of the specific child in compliance with the procedure under Article 11 and Article 12 of Regulation No. 3 of 03.09.2003 of MOJ.
      /4/ The last installment shall be due upon receipt of the certificate of the Minister of Justice that the adoption is completed in compliance with the Convention on Protection of Children and Co-operation in respect of International Adoptions at the moment of its depositing at the competent bodies.
Art. 5. /1/ The expenses and costs determining the total amount of the remuneration are stated in Appendix No. 1, an integral part of this Contract.
      /2/ Excluded from the remuneration under Article 4, § 1 of this Contract shall be the expenses and costs for accompanying with translation and transportation of the mandators during their visits in the country of origin other than those specified in law, i.e. at their initiative.
Art. 6. /1/ / In the event of refusal by the mandators for continuation of the adoption procedure, the advance installment paid shall not be subject to refund.
      /2/ In the event the refusal of the mandators for continuation of the adoption procedure is motivated in writing and is due to valid or objective reasons, the latter may demand from AMOR to return the remainder of the amount paid for the second installment of the remuneration, corresponding to the unrealized portion of the expenses and costs on the adoption procedure.

III. RIGHTS AND OBLIGATIONS OF THE MANDATORS

Art. 7. The mandators shall have the right and shall acquaint in detail at the time of entering into this Contract with the General Rules for the procedure and the terms for carrying out mediation services in international adoptions of AMOR, as well as with the information under Article 54 and Article 55, § 1 of Regulation No. 3 of 03.09.2003 of MOJ, that is to say: the objectives and the primary activity of AMOR; the mediation permit, including its term and the rights mandated to the organization therewith; the amounts of stamp duties, costs, expenses and maximum amounts of AMOR fees; the organization of its work; the adoption procedure pursuant to Bulgarian law; the requirements to be met under home country law and the law of permanent residence; the required documents for adoption; the consequences from the adoption.
Art. 8. The mandators undertake to provide to AMOR objective, complete, comprehensive and timely information necessary for the completion of the procedure for adoption, the subject of this Contract.
Art. 9. The mandators shall pay to the remuneration agreed in Article 4 of this Contract in accordance with the method, terms and conditions of this Contract.
Art. 10. The mandators undertake to establish a personal contact with the child for not less than 5 days and within the two-month term under Article 11, § 1 of Regulation No. 3.
Art. 11. The mandators undertake to co-operate fully with the competent bodies and AMOR in the preparation of post-adoption reports on the child’s condition every 6 months during a period of 2 years following adoption thereof.
Art. 12. The mandators undertake to accept AMOR only as a mediator in international adoption and not hold it responsible for incidents which may occur during the adoption procedure and which it could not prevent or control, such as: withdrawal of the declaration for granting agreement by the biological parents of the child for its adoption; exclusion by some reason of the child offered for adoption from the register of the children eligible for international adoption; refusal by the Adoption Council to offer them a child for adoption; upon long delay by the Adoption Council to make a specific offer, etc.
Art. 13. The mandators shall have the right to inquire about the progress of the adoption procedure as well as about any other issues related to the international adoption and relations between the parties under this Contract.
Art. 14. The mandators shall have the right and shall acquaint with the permit granted to for mediation in international adoptions as well as with the lists of the due stamp duties and fees.

IV. RIGHTS AND OBLIGATIONS OF

Art. 15. shall have the following rights in carrying out the subject of this Contract:
         /1/ To obtain all powers of attorney from the mandators for their representation before the relevant authorities in the Republic of Bulgaria and for taking all the required actual and legal actions for completing the adoption procedure and for safeguarding the interests of the child on the territory of the Republic of Bulgaria.
         /2/ / To mediate in establishing a contact between the mandators and the adoptive child as well as to provide to the adoptive parents, the report prepared by the Ministry of Justice on the personal data of the adoptive child, its medical condition, its social status and a photo and, where necessary, other materials about the child.
         /3/ To sign, deposit and receive any papers and documents as it may deem necessary for the completion of the adoption procedure as well as to take actual and legal actions to this end on the territory of the Republic of Bulgaria.

Art. 16. shall have the following obligations in carrying out the subject of this Contract:
         /1/ To fulfill the commitments undertaken to the mandators by monitoring the required time frames and stages of the adoption process and to take the required actions with due care in the capacity of a mediator in international adoptions.
         /2/ To ensure quality translation and legalization of the documents, translation of this Contract into the language of the recipient country, as well as translation and interpretation into the language of the recipient country in the relations with its mandators, government authorities and institutions.
         /3/ The persons managing or working for AMOR shall not disclose information about the mandators, which has become known to them in or on occasion of completing the adoption procedure.
         /4/ To ensure a highly qualified and experienced multidisciplinary team of specialists in the area of international adoptions, consisting of at least a lawyer, a pedagogue, a psychologist, a pediatrician and other specialists, where the child has specific needs and problems.
         /5/ To submit the application for adoption and the documents of the mandators to the Ministry of Justice on a timely basis, as well as any other information about them, necessary for the protection of the child’s interests.
         /6/ To notify the Ministry of Justice of the agreement or disagreement with the adoption of the nominated child, expressed by the mandators within the term under Article 11 of Regulation No. 3 of 03.09.2003 of MOJ.
         /7/ To ensure representation of the mandators in court upon their signing of an explicit notarized power of attorney in this sense.
         /8/ To ensure safety and proper conditions for transportation of the mandators during their stay in the country as well as for accompanying the child.
         /9/ To mediate in the issuance of a permit for the child’s exit from the Republic of Bulgaria and for entry into the recipient country, as well as a permit for permanent residence of the child in the recipient country.
         /10/ To take actions to ensure the return of the child to the Republic of Bulgaria in the event the decision of the Bulgarian court is not recognized in the recipient country up to one year from its entry into force and to monitor the condition of the child during that period.
         /11/ To acquaint the mandators prior to signing of this Contract with General Rules for the procedure and the terms for carrying out mediation services in international adoptions, with the information under Article 55, § 1 of Regulation No. 3 of 03.09.2003 of MOJ, as well as to provide the mandators with detailed information upon eventual legislative changes about the rights and obligations upon adoption and the legal consequences upon full adoption in compliance with applicable laws in the recipient country and in the Republic of Bulgaria.
         /12/ Informar inmediatamente a los Poderdantes de cada etapa intermedia terminada del trámite de adopción, incluso del consentimiento explícito para la admisión de la adopción por el Ministro de Justicia de la República de Bulgari.

Art. 17. shall have the obligation not to assign its rights on completing the procedure for child adoption.

V. ADDITIONAL PROVISIONS

Art. 18. In the event of essential guilty non-performance of the clauses of this Contract the default party shall owe indemnification for the actually suffered damages.

Art. 19. The parties shall settle disputes arising out of the execution of this Contract by agreement and should it be impossible, through court procedure.

For any issues not explicitly dealt with by this Contract, the civil law of the Republic of Bulgaria shall apply.

This Contract is executed and signed by AMOR in Bulgarian, with a translation into ………….., in three identical copies. The parties shall sign each page of the Contract.

Date of signing:	Date of signing:
...........................................	...........................................
ASSOCIATION FOR INTERNATIONAL ADOPTION AND REINTEGRATION //:	MANDATORS:
Chairperson of the Board of Directors: ..........................................	1. ........................…………..
/Maya Pangelova/	/                                      /
	2. .................………….........
	/                                      /