Rus Articles Journal

Who can be taken in a family?

If potential adoptive parents or trustees at first collect documents on the right to be candidates, and then address to agencies of guardianship or to the regional or federal operator for selection of the child, then they will not face such problem. Will initially offer them those children who (from the point of view of agencies of guardianship) are subject to the device form chosen by candidates. However sometimes happens differently: in hospital, on volunteer service, visiting children`s home or orphanage on work, or in some other way adults face the child who lives in orphan establishment, however do not want to send him to a family, motivating it with the fact that the child “has no status“. As so it turns out: the child in children`s home, and is not subject to the device in a family?

Actually, agencies of guardianship and guardianship are not always right. Yes, not all orphans can be adopted, though in this case quite often agencies of guardianship are reinsured. But it is possible to give any child who was left without care of parents for guardianship. In a foster home or under patronage - too if in your region the legislation on such forms of the device is accepted. The term and conditions of the family device will depend on a concrete situation: one business when lonely mother is in prison or on long-term treatment, and absolutely another when she left the child and was removed in the unknown direction. If the child is in orphan establishment, so he was left without care of parents. Means, the family device is possible. In many cases also adoption after certain actions of you is possible subsequently.

can Adopt!

Some restrictions for an opportunity to be adopted however are imposed by

. Part of them - imaginary, and it is possible to prove it in court.

of Whom can adopt?

Parents of the child are unknown to
  1. . The child is thrown, found without documents. Bodies of militia draw up the statement of tossing. Adoption is possible at once.
  2. Parents of the child died. Certificates on death of parents - the sufficient basis for adoption.
  3. Parents are recognized by court is unknown absent or died. Such hearing can be initiated by agencies of guardianship and guardianship. With a judgment adoption is possible at once.
  4. Parents are recognized by court incapacitated. With a judgment adoption is possible at once.
  5. Parents are deprived by
  6. the parental rights more than in 6 months prior to making decision by court on adoption. During this time parents have the right to be restored in the parental rights, having proved in court that they it are worthy.
  7. Parents (and their lawful representatives if parents are not 16 years old) agreed to adoption.
  8. For the reasons, recognized as court disrespectful, parents do not live more than 6 months with the child and evade from his education and contents. It is possible to recognize disrespectful these reasons both in court on adoption, and within separate court on deprivation of the parental rights. And it is not obligatory to deprive at first of the rights at all, and then to adopt.
Other reasons of lack of parental care do not allow to transfer to

the child to adoption. For example, parents are in places of detention, on long-term treatment, etc. The same concerns the temporary placement to orphan institution at the initiative of parents when parents learn about the child, send gifts, come to visit. This way parents who go to work to other regions are sometimes forced to act, but have no relatives who can entrust the child.

the Main problems arise when parents did not agree to adoption, left the child on care of the state with the promise to take away (in the form of the statement or without it (did not take away from hospital or maternity hospital)). But at the same time do not visit, do not call, are not interested in destiny of the child is what in our list appears in item 7.

Quite often it is considered p that such kid has no “status on adoption“. Agencies of guardianship try to receive a consent to adoption at careless mummy, try to put her on the wanted list and her to recognize unknown absent, initiate case of deprivation of the parental rights. Or do not do anything: biomother disappeared from the horizon, and the child “has no status“. As a result candidates for adoptive parents cannot take this child, and his way home lasts for months and even years, search and deprivation of the rights - long and difficult procedures, after deprivation of the rights is required a semi-annual delay. So the child remains in orphan establishment excess 6 - 12 months, and even longer.

It is quite misleading

. In children`s homes and in orphanages account of calls, visits, parcels and other contacts is kept. Establishment can give the certificate that within half a year and longer nobody was interested in destiny of the child, and this sufficient basis in order that adoption took place even if in the case of the child there is a document that biological mother undertakes to take away the child. Same concerns also biological mother whose location is unknown: ran away from maternity hospital, for example. Lack of contacts with agencies of guardianship and orphan establishment within half a year is a sign of guilty behavior of biological parents. However agencies of guardianship and representatives of orphan institutions seldom take the responsibility to appear in court on your party or the party of the child, and judges can refuse adoption without preliminary recognition of parents is unknown absent or without procedure of deprivation of the parental rights. In that case it makes sense to address the lawyer who will prompt what documents are necessary to file a lawsuit business, will make necessary request and will be on your side. Perhaps, for a start it is necessary to take the child under guardianship. And only then, being already his lawful representative, to file a lawsuit the claim. It is sometimes rather simple to hand on receipt correctly made requirement to take away the child in certain terms or the invitation to court on adoption - refusal in both cases will be weighty arguments in favor of the fact that the child can be adopted. Everything depends on a situation.

also other cases when for a start it makes sense to take the child under guardianship Are, and then as the lawful representative independently to try to obtain the right for adoption. whether

It is not too difficult



It is clear that the people who are adjusted to accept the child in the family entirely, can be confused with need some time to be a trustee, but not the parent. However in situations when information on parents is not clear, it can be the only exit. The status of the trustee is at all not “for no reason at all“, this right to be the lawful representative of the child, and at you will be very much right.

idea that the child without questions will be given to suddenly appeared biological relative Is false
  1. . The lawful representative of the child - the trustee, relatives should challenge his rights in court. Without fault of the trustee nobody has the right to deprive of his guardianship. Relatives have an advantage before other candidates only when the child is not arranged in a family. And your determination to adopt the child plays an important role - this form of the family device is priority for the benefit of the child. Priority in relation to related guardianship including.
  2. Yes, biological relatives have the right for communication with the child, however the trustee has the right this communication to limit if it harms the child. These issues are resolved both at the level of agencies of guardianship, and in court.
  3. nobody will Give the kid to blood parents if they suddenly appear on a threshold. As the lawful representative, you have the right to demand from agencies of guardianship to check living conditions of bioparents, their reliability. Right after guardianship establishment you will have to submit a claim for deprivation of their parental rights if their location is known, or the claim for collecting the alimony (that, in fact, is procedure of search of bioparents). All this, most likely, will lead to your right to adopt the child.
  4. If at least one of parents of the child is a foreigner, then adoption is allowed only with the consent of consulate of this country. Transfer under guardianship of citizens of Belarus, Uzbekistan, Kazakhstan, Tajikistan, Armenia, Ukraine, Kyrgyzstan, Moldova, Azerbaijan, Georgia or Turkmenistan is possible without inquiry of a consent - by means of the notification of consulate. It is necessary to ask permission consulates of other countries. It is work for competent employees of agencies of guardianship.
  5. by
  6. From ten-year age considers opinion of the child if it is wanted to be adopted or taken under guardianship.

of Procedure when from the point of view of agencies of guardianship the child “has no status“, often happen really difficult. They demand the help of the expert. However if you already became attached to the kid, to pass this hard way to you quite on forces. It is quite frequent in such situations without efforts from potential parents the kid and will remain “without the status“ or will wait for this “status“ months, and even years, depending on qualification and initiative of agencies of guardianship and social employees of children`s home.