Preview
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
REPUBLIC OF ALBANIA
COURT HOUSE OF TIRANA'S JUDICIAL CIRCLE
No. 10015 Essential Register No. 5565 Order
-.1 ORDER
IN THE NAME OF REPUBLIC
Court House of Tirana's Judicial Circle, composed by:
Judge: MIMOZA KAJO-BRAHIMI
Assisted by the judicial secretary Suzana Murataj, today on June 27, 2016, completed the
examination in public judicial sessions, the civil issue, which pertaining to:
PETITIONERS: Artur - born in Shkoder and resident in
Pepaj
at the address:
3260 Lakeshore Drive Mohegan Laje, NY, USA
Idendentified with his American passport, with no.
468130305 and with his Albanian Passport, with no.
BF 8641610.
2. Donatela - born in Shkoder, resident in the
Pepaj
address: 3260 Lakeshore Drive Mohegan Laje, NY,
USA.
She was identified with her Identity Card, with no.
968605173 and with her Albanian Passport with no.
BI2768066.
THIRD PARTIES: 1. Albanian Adoption Committee - represented in this
trial by Mrs. Ermira Naci.
2. Petrit Gjokaza, son of Mark and Tone, born on
Maj 20, 1971, in Domgjon, Mirdite and resident in
Tirana, at the address: Rruga "Demokracia", Lagje
Babrru. He has University education and was
identified with his Identity Card, with no.
P10520154M
OBJECT: It is required adoption of the children Klejvis Gjokaza
and Alesia Gjokaza, who were born respectively on
February 8, 2002 and August 19, 2005, in Tirane,
Albania.
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At the end of this trial, after the administration of the necessary evidences, in the
presence of petitioners, who requested the acceptance of their petition, with object the
adoption of the abovementioned kids by them, and in the presence of the Third Party's
re)resentative, from Albanian Adoption Committee, who stated that she does agree with
.acdeptance of this petitioner's request, and in the presence of the other Third Party's
re resentative, Petrit Gjokaza, who also stated that he agrees with acceptance of these
titioners request.
The Court, after examined all the acts and discussed the issue on the whole;
ASCERTAINED:
That petitioners, on June 1, 2016 have submitted a request in the Court House of Tirana's
Judicial Circle.
Referred to the articles 35/3, 36/1, 41 and 349/c of Civil Procedure Code and to the
article 254/1 of Family Code, the Court ascertained that this issue belongs to the civil
judicial jurisdiction of this Court and it is judged by a judicial body, which is composed
by a judge, and it is in the competences of Tirana Judicial Circle, since the residence of
the kids in the Civil Registry Unit, Paskuqan, Tirana District.
From the judicial examination of this issue, it resulted as being proved that:
These petitioners are Albanian and American citizens. They live in New York State,
USA, for several years.
The petitioners are the uncle and his wife of the kids Klejvis Gjokaza, born on
February 8, 2002 and Alesia Gjokaza, born on August 19, 2005.
Both kids are the children of petitioer's sister, Arta Gjokaza and of the third party's
representative, Petrit Gjokaza.
The deceased Arta Gjokaza has died and Petrit Gjokaza, coexist with another woman,
with whom he has a child.
The petitioners stated that it was their desire and the approval of the third party's
representative, that those kids get adopted by petitioners.
For this purpose, with the court order no. 3739, dated May 7, 2015, taken from the Court
House of Tirana's Judicial Circle, Mr. Petrit Gjokaza has given his consent for adoption
of his two kids and this decision took the peremptory form without being appealed.
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
In this trial is called as a third party, the biological father of the kids, Petrit Gjokaza.
During this judicial session, he stated that he agrees that his kids get adopted by these
petitioners.
He said: "I have given my consent for adoption of my kids, through a court decision,
which has already taken a final form. This adoption is in the best interest of my kids and
in he same time, it is last will of my deceased wife. Besides the petitioners, their
afÆdmother lives in USA as well, who resides in the same house with petitioners.
. Since the kids Klejvis and Alesia Gjokaza are over 12 years old, in respect of the article
5 of the Law 9695, the court decided to ask the kids Klejvis Gjokaza and Alesia
Gjokaza, so they could give their consent as well.
8th
Klejvis Gjokaza, born on February 8, 2002, in Tirana, is a student of the
Caci"
school "Skender and he stated that:
"I agree to get adopted by my uncle and live with him in New York. I have very good
relationship with both, my uncle and his wife and I agree to live with them".
5th
Te kid Alesia Gjokaza, born on 2005, who is a student of the grade in school "Skender
"
Caci", stated that: I have very good relationship with my uncle and his wife. They have
a little daughter, whom I love very much. I agree to get adopted and live with them, since
there is my grandmother, who lives with them as well".
The psychologist who assisted, when the kids were asked by the trial, stated that the
allegations of the kids are sincere and they were not influenced and were done conform
to the point 1, of article 15, of the law 9695.
The court, taking into consideration the fact for realization of this procedure, as a legal
obligation, provided in the article 6 of Family Code, where is provided that: in every
procedure which pertains to kids, the presence of a psychologist is mandatory, in order to
assess their attitude, in accordance with their mental and social development. Also, the
trial requested the psychologist assessment, concerning the petitioner's psycho-emotional
situation, as candidates for prospective adoptive parents, assessment on the actual
relationship between the kids and petitioners, their adjustment with their adoptive parents
and the assessment of their material and moral conditions for the upbringing of the kids.
After the realization of this procedure, for the compiling the assessment report, which is
based on the scientific methods, there were assessed the petitioners parenting abilities and
their living style, their economical conditions, psychological development of the kids.
A11 these assessments were realized by the psychologist Greta Talo, who was giving
priority to the highest interests of the kids and who recommended to the court to accept
the request of these petitioners, for adoption of these kids.
At the end, the psychologist concluded that:
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Those kids are very sociable, they do not have any problems with mental health and they
have a good physical condition, they are energetic, they have good communication
manner and have a good fantasy and creative abilities.
8* 5*
Klejvis is a student on the grade, while Alesia is a student of the grade and they
attend the school "Skender Caci". They have earned good marks in school. They also
- -
show a good emotional situation conform and normal for their age. The kids do not suffer
of any genetic, acute or chronicle diseases. It is obvious that they have a very good
relationship with their uncle and his wife, and in these circumstances, the psychologist
recommends their adoption by the petitioners, since they have grown up close to their
uncle and grandmother.
- It results that the petitioners do have sufficient incomes so they can
actually,
afford raising up two other kids in their family. From the home study, it resulted
that they own their house and it has good living conditions for the kids.
- the assessment on the it resulted that both are in good
Regarding petitioners, they
physical and mental health, and they are fully able to play a nice parental role.
They are capable to understand the development needs of the kids and they have
commitment, responsibility and care, in order to meet all their needs.
- From their assessment also resulted that both petitioners are
report,
psychologically mature, concerning the parenting and they have shown practical
abilities during their interaction with the kids.
- show a good affective with the kids, which has come naturally.
They relationship
It seems to be a healthy relationship between parents and kids.
The psychologist, has also evaluated the adjustment and attachment between the
"
petitioners and the kids, and she recommends to this Court: This adoption is in the best
interest of the kids, as it guarantees the kids rights, to have a family and it provides their
health"
basic needs, in function of their wellbeing and their psycho-emotional
This Court, does assess that during this judicial session it was referred to the following
legal bases:
Family Code:
Article 240 provides:
Adoption is allowed, only in if it in the best interest of the child and it guarantees the
respecting of his essential rights.
Article 246 provides:
For adoption of a child, it is required the consent of both his parents.
If one of them is dead, or is not able to express his own will, or has been deprived of
parental rights, the consent of the other parent is sufficient.
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
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a
.
Article 252 provides:
............ The Albanian citizens, who reside abroad and foreign citizens, who reside in
Albania for 2 years, can be addressed directly to the Albanian Adoption Committee.
The Law 9695, dated March 19, 2007, "For the Adoption procedure and Albanian
Adoption Committee", provides:
Article 14
. ... Albanian citizens, who reside abroad can be addressed directly to this Committee, as
long as the Albanian court decision of the adoption, is judicially recognized in their
country of residence.
Article 16
.... 3. Albanian citizen, who also holds another citizenship and resides permanently in
another country, in case of adoption of a child by him, he must comply the respective
legal requirement of the country of their residence.
right"
Law No. 10, 428, dated June 2, 2011, "For the private international provides:
Article 30
1. Conditions for adoption and its termination, are regulated by the law of the
country, whose citizenship, the adoptive parents, had at the time of adoption.....
Article 31
1. Effects of Adoption are regulated by the law of the country, whose citizenship,
the adoptive parents, had at the time of adoption.....
This trial, after administered all the evidences and took into consideration the parties
claims, considers to justify as follows:
According to their statements and the home study, prepared by the social worker of
International Adoption, in USA, Patricia Comly, the couple are married and have a
daughter, Agnesa Pepaj, born on July 15, 2015.
After the death of his sister, Arta Gjokaza, who used to be one of the parents of the kids,
Artur has expressed his own desire that the kids of his deceased sister, live in New York,
with him and his mother.
This his desire was fully supported by his wife, Donatela , who has shown a great
affection for the kids, during the time their mother was suffering of disease.
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
On October 15, 2015, the petitioners addressed a request for adoption, to the Albanian
Adoption Committee.
Since they are also American Citizens, according to the American legislation, they were
addressed to Bethany Christian Services, in USA, for the preparation of an international
---
study of the family.
This report is submitted by the social worker of International Adoption, Patricia Comly,
on December 31, 2015.
Acc rding to this home-study, the petitioner Artur, is living in USA since 2001, while the
petitpner Donatela, since 2013.
The)þetitioner Artur, earned a degree in USA, on 2008, while the petitioner Donatela has
c rñpleted 3 years of the college, but is not graduated yet.
Petitioner Artur, is employed, while the petitioner Donatela is housewife and takes care
of their daughter.
It is verified through their financial statement, that their financial situation and monthly
incomes are very good, sufficient to provide a good life to the kids and to easily afford
all the necessary expenses for providing food, clothes a good education and entertainment
for the kids.
They also own their house, which has enough space, it has 4 bedrooms, it has a little
garden, it is very well furnished and it has a piece of land on the back part.
From the home-study, prepared by the above mentioned social worker, resulted that the
house is located close to the lake Mohegan, and around it, there is a park, there are
schools and stores, medical centers and other institutions, necessary for the kids, and all
of them are in a short driving distance.
Petitioners stated that they have already prepared and decorated the rooms for the kids.
Their daughter is also prepared spiritually and psychologically for the arrival of her new
brother and sister.
From the medical reports, administered in the dossier, resulted that both petitioners are in
good physical health, they do not suffer of any infective diseases and there are not any
mental or physical conditions, which could jeopardize them to take good care of these
kids, and at the same time, it was verified that there are not any legal or social obstacles
for them.
This trial after examined all the evidences presented here by the parties, evaluates that in
respect of the article 240 of Family Code, where is provided that "Adoption is allowed
only if it is in the highest interest of the child and it guarantees the respecting of his
essential rights". It is obvious that this adoption is in the highest interest of the kids,
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
Klejvis Gjokaza, born on Februar 8, 2002 and Alesia Gjokaza, to get adopted by
petitioner Artur and Donatela Pepaj, because it guarantees the respecting of their essential
rights.
In respect of the articles 240,241, 243, 244, 245, 246 of Family Code, this trial finds that
based on all the evidences presented in front of this court, there is not any legal obstacle
for allowing the adoption of the kids Klejvis Gjokaza, born on February 8, 2002 and
Alesia Gjokaza, born on August 19, 2005.
- The kids are minors,
- The petitioners are not sisters or brothers with the
antecedents, kids,
They are not their caregivers
They have not been deprived of their parental rights, by any court
. - do not suffer of any psychiatric or have a delayed mental
They diseases,
development, neither do not suffer of any other diseases, which could endanger
the kids lives.
- Between the kids and their adoptive there is a close affective relationship.
parents,
- Adoption is also recognized by the American legislation.
- The in USA, will have the same as they do in Albania.
kids, rights,
Concerning the age difference, of petitioner Donatela, which is less that 18 years, in the
conditions when article 16 I, of the law 9695, and articles 30 and 31 of the law 10428,
which are recited above, provide that if adoption is done by Albanian citizens, who live
abroad, in this case is applied the legislation of the country, where they live. This
concrete case, the petitioner Donatela lives in New York, which is a state that recognizes
the international adoption and there is not any legal obstacles regarding the age difference
between the adoptive parent and the kids to be adopted. In these circumstances, this trial
considers that this fact does not constitute a legal obstacle.
From all the acts administered in the dossier, it is obvious that both petitioners are in
good health, they have the proper education and culture to give the best education to
those kids, they have sufficient financial incomes, they have good living conditions at
home, and over all they have the great desire to adopt these two kids and to offer them
love and a warm family environment.
They also stated personally, their desire in front of this court .
Whereof, the court accepts the petitioner's request, for adoption and in respect of article
260 of Family Code, each of the children should take as mother's name, that of petitioner
"Artur"
"Donatela", as father's name, that of petitioner and as last name "Pepaj".
Adoption will produce its effects, starting from the date, that this decision will take the
final form.
At the end of this trial, referring to all the written evidences, taken into examination
during this judicial session, and taking into consideration the psychological assessment,
prepared by the psychologist, the court, based on the article 240 of Family Code, it
FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024
considers as fair the request of petitioners Artur Pepaj and Donatela Pepaj, and it accepts
it by deciding the adoption of the kids, Klejvis Gjokaza, born on Februar 8, 2002 and
Alesia Gjokaza, born on August 19, 2005.
FOR THESE REASONS:
The Court of Judicial Circle of Tirana's District, based on the articles 126, 306-310 of
Civil Procedure Code and on the articles 240, 258, 260 of Family Code,
DECIDED:
- Acceptance Donatela
of the request submitted by petitioners Artur Pepaj and
Pepaj.
- Adoption of the kids Klejvis born on February and Alesia
Gjokaza, 8, 2002
Gjokaza, born on August 19, 2005.
- The kids Klejvis who was born on Februar will take as
Gjokaza, 8, 2002,
mother's name, that of petitioner "Donatela", as father's name, that of petitioner
"Artur"
and as last name, the petitioner's last name, "Pepaj".
- The kid Alesia who was born on August will take as mother's
Gjokaza, 19, 2005,
"Artur"
name, that of petitioner "Donatela", as father's name, that of petitioner
and as last name, the petitioner's last name, "Pepaj".
- This adoption will become from the when the decision will take its
effective, date,
final form.
- After the decision takes final a copy of it should be sent to the Registration
form,
Office, Administrat
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FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 REPUBLIC OF ALBANIA COURT HOUSE OF TIRANA'S JUDICIAL CIRCLE No. 10015 Essential Register No. 5565 Order -.1 ORDER IN THE NAME OF REPUBLIC Court House of Tirana's Judicial Circle, composed by: Judge: MIMOZA KAJO-BRAHIMI Assisted by the judicial secretary Suzana Murataj, today on June 27, 2016, completed the examination in public judicial sessions, the civil issue, which pertaining to: PETITIONERS: Artur - born in Shkoder and resident in Pepaj at the address: 3260 Lakeshore Drive Mohegan Laje, NY, USA Idendentified with his American passport, with no. 468130305 and with his Albanian Passport, with no. BF 8641610. 2. Donatela - born in Shkoder, resident in the Pepaj address: 3260 Lakeshore Drive Mohegan Laje, NY, USA. She was identified with her Identity Card, with no. 968605173 and with her Albanian Passport with no. BI2768066. THIRD PARTIES: 1. Albanian Adoption Committee - represented in this trial by Mrs. Ermira Naci. 2. Petrit Gjokaza, son of Mark and Tone, born on Maj 20, 1971, in Domgjon, Mirdite and resident in Tirana, at the address: Rruga "Demokracia", Lagje Babrru. He has University education and was identified with his Identity Card, with no. P10520154M OBJECT: It is required adoption of the children Klejvis Gjokaza and Alesia Gjokaza, who were born respectively on February 8, 2002 and August 19, 2005, in Tirane, Albania. FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 At the end of this trial, after the administration of the necessary evidences, in the presence of petitioners, who requested the acceptance of their petition, with object the adoption of the abovementioned kids by them, and in the presence of the Third Party's re)resentative, from Albanian Adoption Committee, who stated that she does agree with .acdeptance of this petitioner's request, and in the presence of the other Third Party's re resentative, Petrit Gjokaza, who also stated that he agrees with acceptance of these titioners request. The Court, after examined all the acts and discussed the issue on the whole; ASCERTAINED: That petitioners, on June 1, 2016 have submitted a request in the Court House of Tirana's Judicial Circle. Referred to the articles 35/3, 36/1, 41 and 349/c of Civil Procedure Code and to the article 254/1 of Family Code, the Court ascertained that this issue belongs to the civil judicial jurisdiction of this Court and it is judged by a judicial body, which is composed by a judge, and it is in the competences of Tirana Judicial Circle, since the residence of the kids in the Civil Registry Unit, Paskuqan, Tirana District. From the judicial examination of this issue, it resulted as being proved that: These petitioners are Albanian and American citizens. They live in New York State, USA, for several years. The petitioners are the uncle and his wife of the kids Klejvis Gjokaza, born on February 8, 2002 and Alesia Gjokaza, born on August 19, 2005. Both kids are the children of petitioer's sister, Arta Gjokaza and of the third party's representative, Petrit Gjokaza. The deceased Arta Gjokaza has died and Petrit Gjokaza, coexist with another woman, with whom he has a child. The petitioners stated that it was their desire and the approval of the third party's representative, that those kids get adopted by petitioners. For this purpose, with the court order no. 3739, dated May 7, 2015, taken from the Court House of Tirana's Judicial Circle, Mr. Petrit Gjokaza has given his consent for adoption of his two kids and this decision took the peremptory form without being appealed. FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 In this trial is called as a third party, the biological father of the kids, Petrit Gjokaza. During this judicial session, he stated that he agrees that his kids get adopted by these petitioners. He said: "I have given my consent for adoption of my kids, through a court decision, which has already taken a final form. This adoption is in the best interest of my kids and in he same time, it is last will of my deceased wife. Besides the petitioners, their afÆdmother lives in USA as well, who resides in the same house with petitioners. . Since the kids Klejvis and Alesia Gjokaza are over 12 years old, in respect of the article 5 of the Law 9695, the court decided to ask the kids Klejvis Gjokaza and Alesia Gjokaza, so they could give their consent as well. 8th Klejvis Gjokaza, born on February 8, 2002, in Tirana, is a student of the Caci" school "Skender and he stated that: "I agree to get adopted by my uncle and live with him in New York. I have very good relationship with both, my uncle and his wife and I agree to live with them". 5th Te kid Alesia Gjokaza, born on 2005, who is a student of the grade in school "Skender " Caci", stated that: I have very good relationship with my uncle and his wife. They have a little daughter, whom I love very much. I agree to get adopted and live with them, since there is my grandmother, who lives with them as well". The psychologist who assisted, when the kids were asked by the trial, stated that the allegations of the kids are sincere and they were not influenced and were done conform to the point 1, of article 15, of the law 9695. The court, taking into consideration the fact for realization of this procedure, as a legal obligation, provided in the article 6 of Family Code, where is provided that: in every procedure which pertains to kids, the presence of a psychologist is mandatory, in order to assess their attitude, in accordance with their mental and social development. Also, the trial requested the psychologist assessment, concerning the petitioner's psycho-emotional situation, as candidates for prospective adoptive parents, assessment on the actual relationship between the kids and petitioners, their adjustment with their adoptive parents and the assessment of their material and moral conditions for the upbringing of the kids. After the realization of this procedure, for the compiling the assessment report, which is based on the scientific methods, there were assessed the petitioners parenting abilities and their living style, their economical conditions, psychological development of the kids. A11 these assessments were realized by the psychologist Greta Talo, who was giving priority to the highest interests of the kids and who recommended to the court to accept the request of these petitioners, for adoption of these kids. At the end, the psychologist concluded that: FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Those kids are very sociable, they do not have any problems with mental health and they have a good physical condition, they are energetic, they have good communication manner and have a good fantasy and creative abilities. 8* 5* Klejvis is a student on the grade, while Alesia is a student of the grade and they attend the school "Skender Caci". They have earned good marks in school. They also - - show a good emotional situation conform and normal for their age. The kids do not suffer of any genetic, acute or chronicle diseases. It is obvious that they have a very good relationship with their uncle and his wife, and in these circumstances, the psychologist recommends their adoption by the petitioners, since they have grown up close to their uncle and grandmother. - It results that the petitioners do have sufficient incomes so they can actually, afford raising up two other kids in their family. From the home study, it resulted that they own their house and it has good living conditions for the kids. - the assessment on the it resulted that both are in good Regarding petitioners, they physical and mental health, and they are fully able to play a nice parental role. They are capable to understand the development needs of the kids and they have commitment, responsibility and care, in order to meet all their needs. - From their assessment also resulted that both petitioners are report, psychologically mature, concerning the parenting and they have shown practical abilities during their interaction with the kids. - show a good affective with the kids, which has come naturally. They relationship It seems to be a healthy relationship between parents and kids. The psychologist, has also evaluated the adjustment and attachment between the " petitioners and the kids, and she recommends to this Court: This adoption is in the best interest of the kids, as it guarantees the kids rights, to have a family and it provides their health" basic needs, in function of their wellbeing and their psycho-emotional This Court, does assess that during this judicial session it was referred to the following legal bases: Family Code: Article 240 provides: Adoption is allowed, only in if it in the best interest of the child and it guarantees the respecting of his essential rights. Article 246 provides: For adoption of a child, it is required the consent of both his parents. If one of them is dead, or is not able to express his own will, or has been deprived of parental rights, the consent of the other parent is sufficient. FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 a . Article 252 provides: ............ The Albanian citizens, who reside abroad and foreign citizens, who reside in Albania for 2 years, can be addressed directly to the Albanian Adoption Committee. The Law 9695, dated March 19, 2007, "For the Adoption procedure and Albanian Adoption Committee", provides: Article 14 . ... Albanian citizens, who reside abroad can be addressed directly to this Committee, as long as the Albanian court decision of the adoption, is judicially recognized in their country of residence. Article 16 .... 3. Albanian citizen, who also holds another citizenship and resides permanently in another country, in case of adoption of a child by him, he must comply the respective legal requirement of the country of their residence. right" Law No. 10, 428, dated June 2, 2011, "For the private international provides: Article 30 1. Conditions for adoption and its termination, are regulated by the law of the country, whose citizenship, the adoptive parents, had at the time of adoption..... Article 31 1. Effects of Adoption are regulated by the law of the country, whose citizenship, the adoptive parents, had at the time of adoption..... This trial, after administered all the evidences and took into consideration the parties claims, considers to justify as follows: According to their statements and the home study, prepared by the social worker of International Adoption, in USA, Patricia Comly, the couple are married and have a daughter, Agnesa Pepaj, born on July 15, 2015. After the death of his sister, Arta Gjokaza, who used to be one of the parents of the kids, Artur has expressed his own desire that the kids of his deceased sister, live in New York, with him and his mother. This his desire was fully supported by his wife, Donatela , who has shown a great affection for the kids, during the time their mother was suffering of disease. FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 On October 15, 2015, the petitioners addressed a request for adoption, to the Albanian Adoption Committee. Since they are also American Citizens, according to the American legislation, they were addressed to Bethany Christian Services, in USA, for the preparation of an international --- study of the family. This report is submitted by the social worker of International Adoption, Patricia Comly, on December 31, 2015. Acc rding to this home-study, the petitioner Artur, is living in USA since 2001, while the petitpner Donatela, since 2013. The)þetitioner Artur, earned a degree in USA, on 2008, while the petitioner Donatela has c rñpleted 3 years of the college, but is not graduated yet. Petitioner Artur, is employed, while the petitioner Donatela is housewife and takes care of their daughter. It is verified through their financial statement, that their financial situation and monthly incomes are very good, sufficient to provide a good life to the kids and to easily afford all the necessary expenses for providing food, clothes a good education and entertainment for the kids. They also own their house, which has enough space, it has 4 bedrooms, it has a little garden, it is very well furnished and it has a piece of land on the back part. From the home-study, prepared by the above mentioned social worker, resulted that the house is located close to the lake Mohegan, and around it, there is a park, there are schools and stores, medical centers and other institutions, necessary for the kids, and all of them are in a short driving distance. Petitioners stated that they have already prepared and decorated the rooms for the kids. Their daughter is also prepared spiritually and psychologically for the arrival of her new brother and sister. From the medical reports, administered in the dossier, resulted that both petitioners are in good physical health, they do not suffer of any infective diseases and there are not any mental or physical conditions, which could jeopardize them to take good care of these kids, and at the same time, it was verified that there are not any legal or social obstacles for them. This trial after examined all the evidences presented here by the parties, evaluates that in respect of the article 240 of Family Code, where is provided that "Adoption is allowed only if it is in the highest interest of the child and it guarantees the respecting of his essential rights". It is obvious that this adoption is in the highest interest of the kids, FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Klejvis Gjokaza, born on Februar 8, 2002 and Alesia Gjokaza, to get adopted by petitioner Artur and Donatela Pepaj, because it guarantees the respecting of their essential rights. In respect of the articles 240,241, 243, 244, 245, 246 of Family Code, this trial finds that based on all the evidences presented in front of this court, there is not any legal obstacle for allowing the adoption of the kids Klejvis Gjokaza, born on February 8, 2002 and Alesia Gjokaza, born on August 19, 2005. - The kids are minors, - The petitioners are not sisters or brothers with the antecedents, kids, They are not their caregivers They have not been deprived of their parental rights, by any court . - do not suffer of any psychiatric or have a delayed mental They diseases, development, neither do not suffer of any other diseases, which could endanger the kids lives. - Between the kids and their adoptive there is a close affective relationship. parents, - Adoption is also recognized by the American legislation. - The in USA, will have the same as they do in Albania. kids, rights, Concerning the age difference, of petitioner Donatela, which is less that 18 years, in the conditions when article 16 I, of the law 9695, and articles 30 and 31 of the law 10428, which are recited above, provide that if adoption is done by Albanian citizens, who live abroad, in this case is applied the legislation of the country, where they live. This concrete case, the petitioner Donatela lives in New York, which is a state that recognizes the international adoption and there is not any legal obstacles regarding the age difference between the adoptive parent and the kids to be adopted. In these circumstances, this trial considers that this fact does not constitute a legal obstacle. From all the acts administered in the dossier, it is obvious that both petitioners are in good health, they have the proper education and culture to give the best education to those kids, they have sufficient financial incomes, they have good living conditions at home, and over all they have the great desire to adopt these two kids and to offer them love and a warm family environment. They also stated personally, their desire in front of this court . Whereof, the court accepts the petitioner's request, for adoption and in respect of article 260 of Family Code, each of the children should take as mother's name, that of petitioner "Artur" "Donatela", as father's name, that of petitioner and as last name "Pepaj". Adoption will produce its effects, starting from the date, that this decision will take the final form. At the end of this trial, referring to all the written evidences, taken into examination during this judicial session, and taking into consideration the psychological assessment, prepared by the psychologist, the court, based on the article 240 of Family Code, it FILED: WESTCHESTER COUNTY CLERK 02/22/2024 12:46 PM INDEX NO. 57511/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 considers as fair the request of petitioners Artur Pepaj and Donatela Pepaj, and it accepts it by deciding the adoption of the kids, Klejvis Gjokaza, born on Februar 8, 2002 and Alesia Gjokaza, born on August 19, 2005. FOR THESE REASONS: The Court of Judicial Circle of Tirana's District, based on the articles 126, 306-310 of Civil Procedure Code and on the articles 240, 258, 260 of Family Code, DECIDED: - Acceptance Donatela of the request submitted by petitioners Artur Pepaj and Pepaj. - Adoption of the kids Klejvis born on February and Alesia Gjokaza, 8, 2002 Gjokaza, born on August 19, 2005. - The kids Klejvis who was born on Februar will take as Gjokaza, 8, 2002, mother's name, that of petitioner "Donatela", as father's name, that of petitioner "Artur" and as last name, the petitioner's last name, "Pepaj". - The kid Alesia who was born on August will take as mother's Gjokaza, 19, 2005, "Artur" name, that of petitioner "Donatela", as father's name, that of petitioner and as last name, the petitioner's last name, "Pepaj". - This adoption will become from the when the decision will take its effective, date, final form. - After the decision takes final a copy of it should be sent to the Registration form, Office, Administrat