Ethical Principles and Rules of Conduct in the Implementation of Mediation in International Adoptions Binding for the Founders and Persons Working for ASTRA Foundation.

Introduction

Adoption is a legal act with an important socio-ethical and educative effect on child rearing, as the adopter assumes all obligations arising from the care of the child and comply with the Bulgarian or other state legislation. In this context, the outstanding role of the function implemented by Astra /the Foundation/ is mediation in the procedure of adoption. In addition to a number of legal and organizational problems, in the process of mediation also occur various moral-ethical issues and relations that require effective settlement and regulation. Hence, the necessity of establishing a code of ethics arises, which code shall set the rules for the conduct of the founders and the persons working for Astra Foundation and shall express their moral duty to the children to ensure a secure and stable family environment, which shall encourage their full and harmonious development.

Each employee is expected to adopt the ethical standards of conduct outlined in this code and to endeavour to do their duties in accordance with the principles of professional ethics in the exclusive interest of the children and in service of the adoptive family.

Objective

These rules aim to define the moral responsibilities of the employees of the foundation to the child, to the adoptive family, to each other and to the society, to serve as basic rules and to define the ethical requirements in the behaviour of persons working for Astra Foundation, to promote the will and pursuit of the associates of the foundation for ethics in their practical activity, to guide the behaviour and to assist the employee in resolving ethical dilemmas encountered in their practice.

Section I

BASIC PRINCIPLES

The fundamental ethical principles of conduct establish standards and set the framework for regulating the conduct of the persons working for Astra Foundation in and beyond the activity implemented by them. These are the core values and principles the employees of the Foundation should know and follow.

1. LEGALITY

In their activity for the implementation of mediation in international adoptions, the founders and persons working for Astra Foundation are governed solely by the law with the purpose of maximum protection of the interests of the child being adopted and the prospective adoptive parents and strictly comply with the international legal acts, the Constitution, the laws of the Republic of Bulgarian and all regulations governing international adoption and child protection.

2. PROFESSIONALISM

Any person working for Astra Foundation when implementing mediation in international adoptions is required to provide the best of his/ her knowledge, skills and experience, and to perform his/ her obligations in a competent, responsible and law-abiding manner.

3. OBJECTIVENESS

Persons working for Astra Foundation are required to implement their activity objectively and in good faith, and each person endeavours to collect, analyse and assess every fact and circumstance relating to his/ her work accurately and truthfully and does not allow to be influenced by his/ her own or foreign interests, personal sympathy, emotional moods or animosity; to create conditions for equality of children and prospective adoptive parents, to avoid behaviour that could be perceived as privileged, predisposed, biased or prejudiced based on origin, race, ethnicity, religion, education, political affiliation, personal and social status or property status.

4. PROTECTION

In their activity for the implementation of mediation in international adoptions, the founders and persons working for Astra Foundation endeavour to ensure the protection of the interests and safety of the people they work with, especially of children, in accordance with the UN Convention on the Rights of the Child, the legislation of the Republic of Bulgarian, the strategic framework for the protection of the child and other good practices

5. RESPECT

In their activity for the implementation of mediation in international adoptions, the founders and persons working for Astra Foundation endeavour to treat kindly, politely and respectfully all participants in the adoption process, to respect their rights and dignity. Associates to the Foundation must be tolerant of children, adoptive parents, the Central Authority under the Hague Convention, state and municipal authorities, social services and the judicial bodies; they must be open and patient to hear and adopt new or different opinions, arguments and viewpoints.

6. TRUST

The relations when implementing mediation in international adoptions among the founders and the persons working for Astra Foundation, the adoptive parents and the participants in the adoption process are based on trust, collegiality and mutual respect. Such relations may not exist.

7. FAIRNESS

In their activity for the implementation of mediation in international adoptions, the founders and persons working for Astra Foundation are required, following the general and abstract norms of the law, to take into account the specific features of each case and to rely on the criteria relating to the universal values when searching for a solution to a problem. Transparency in the activity of the Foundation is a guarantee for its fairness.

8. INTEGRITY

The founders and persons working for Astra Foundation, implementing mediation in international adoptions, are required not to accept material and immaterial comforts not permitted by law, regardless of their nature and comforts that could call into question their impartiality and independence. They are obliged to refrain from any action that could discredit the honour and prestige of Astra Foundation.

9. COMPETENCE

Each associate working for Astra Foundation is required to implement his/her activity by practicing and applying the knowledge and experience he /she possesses, and to constantly raise the level of his /her professional qualification; to possess high theoretical training, developed abilities and skills for the specific practice.

10. INDEPENDENCE

The employees of the Foundation in the performance of their duties are governed solely by their inner belief and the law and do not succumb to threats, pressure, incentives and influences, and provide independent advice thus ensuring the interest of the child and the prospective adoptive parents.

11. RESPONSIBILITY

In their activity for the implementation of mediation in international adoptions, the founders and persons working for Astra Foundation should have a sense of duty and rigor to render the due importance to the commitments and exert their best efforts for the proper implementation, and have a behaviour that should not affect the prestige of the Foundation.

12. COOPERATION

In their activity for the implementation of mediation in international adoptions, the founders and persons working for Astra Foundation are required to assist and cooperate with the bodies of state authority in the exercise of their powers, to work for the improvement of the cooperation and interaction between government institutions and non-governmental organisations in order to make the international adoption procedure more efficient.

13. CONFIDENTIALITY

Persons working for Astra Foundation in the implementation of mediation in international adoptions are required, without time limit, are required to keep in secret the data and facts specified as legislatively protected information and not to disclose any facts and circumstances which have become known to them at or on the occasion of the activities being implemented or have been implemented in the Foundation for maximum protection to the interests of the child being adopted and of the prospective adoptive parents.

14. PROHIBITION OF DISCRIMINATION

In any action, the founders and persons working for Astra Foundation in the implementation of mediation in international adoptions are required not to show discrimination on grounds of sex, race, nationality, ethnicity, nationality, origin, religion, education, beliefs, political affiliation, personal or social status, disability, age, sexual orientation, family status, property status or any other indications laid down in the law or an international treaty under which the Republic of Bulgaria is a party, affecting the interests of the child being adopted and of the prospective adoptive parents.

Section II.

RULES OF CONDUCT

The fundamental ethical principles set the standards for the rules of conduct mandatory for the founders and persons working for Astra Foundation for the implementation of mediation in international adoptions under a labour or civil contract, or on a voluntary basis. The strict observance of the ethical principles ensure the moral responsibilities towards the child, adoptive parents, the Ministry of Justice and all the institutions related to international adoptions.

Almost every person working for Astra Foundation takes part in varying degrees when implementing mediation in international adoptions of the foundation. The uniform rules of conduct and the rules of interaction need to be respected in order to achieve a successful and effective joint activity. These uniform rules of Astra Foundation are based on the core values and ethical principles:

Legitimacy and independence are prerequisites for strengthening of the rule of law and a guarantee for the protection of basic human rights. In the implementation of their activities, the persons working in the Foundation exercise their powers only in compliance with the law, not allowing any outside influence.

A main rule in the activity of associates is to refer to all participants in the process of adoption equally, with respect for their dignity, with integrity and empathy and to restrain from creating the impression of partiality and bias, and to respect their right to express their views freely.

The adoptive parents have to be provided with the right to choose how to implement their plan for an adoption of a child, without being criticized or blamed in any aspects.

When resolving an issue arising in the course of work, not specifically governed by the law, the activity of the foundation is guided by the principle of fairness and transparency, thus society is convinced in the lawfulness of the actions performed.

The founders and the persons working for Astra Foundation follow the moral rule and obligation to continually improve their professional qualifications and personal competences, to undertake the necessary measures to maintain and enhance their knowledge and skills through various forms of training, to exhibit adequate professionalism when implementing their commitments.

The founders and the persons working for Astra Foundation implement all activities as qualified professionals and are responsible for their professional conduct and objectivism. They should have advanced knowledge of child development, of the individual characteristics of children and should respect the uniqueness and potential of each child.

Implementing the activities in teamwork is essential for the successful completion of the activities and this requires creating a peaceful environment, trust and support among all people working for the Foundation. The relations among the specialists developed in fellowship, regardless of their position in the hierarchy, as a rule, are based on mutual respect, tolerance and refraining from conduct that harms the reputation of the Foundation.

All specialists working for the Foundation are required to be aware of the regulations related to their activities, to keep up with the changes in the regulations and the international laws and regulations.

The specialists and founders of the Foundation are required to inform the family about everything concerning the child (especially in regards to his/her health), as well as the way the child is raised and educated.

It is unacceptable to use the relationship with the adoptive parents for personal gain. The associates and the members of the Foundation must not accept fees or other benefits under any form directly from the adoptive parents or other interested party in the case, except the agreed payment under the civil contracts.

The founders and those who work at the Foundation are required to assist and cooperate with the state authority in the exercise of their powers, to work for the improvement of cooperation and interaction among governmental institutions and non-governmental organisations relevant to the adoption proceedings.

The founders and the persons working at the Foundation are required to establish and maintain a relationship of cooperation and collegiality with their colleagues at the organization, other non-governmental organizations, the Ministry of Justice, state and municipal authorities; not to offend their personal dignity, not to cause conflicts and not to violate their rights and legitimate interests.

All actions and decisions in the implementation of mediation should lead to the elimination of arbitrariness and should strengthen the confidence in Astra Foundation.

The founders and the persons working at Astra Foundation in their social communication and private life are required to maintain absolute confidentiality and secrecy about facts and circumstances that have become known to or in the context of the activity being implemented or already implemented at the Foundation.

An important rule related to the behaviour of persons working for the Foundation in the implementation of mediation in international adoptions is to be disciplined, responsible, to have a sense of duty and to have a behaviour, which does not affect the prestige of the Foundation and leaves no doubt about the legitimacy of international adoptions.

Final provision

These ethical principles and rules of conduct in the implementation of mediation in international adoptions are obliging to the founders and those who work for Astra Foundation adopted at a meeting of the Board of Directors of ASTRA Foundation on 15.12.2014.

The ethical principles and rules of conduct are mandatory for the founders and the persons working for Astra Foundation after termination of labour relation.

The code of conduct of the employees and members of the foundation is a guide to their behaviour and an important means of enhancing public confidence in the professionalism and morality of employees and the prestige of the Foundation.