Rus Articles Journal

Establishment of adoption (adoption) of the child (code of civil procedure of RSFSR) of

Chapter 29. 1. Establishment of adoption (adoption) of the child

Article 263. 1. Filing of application

the Statement for establishment of adoption or an adoption (further - adoption) the child moves persons (person), persons interested to adopt the child, in court at the place of residence (stay) of the adopted child.

Article 263. 2. Contents of the statement

have to be specified by

In the statement for establishment of adoption of the child:

have to be enclosed by

To the application for establishment of adoption of the child:

Article 263. 3. Actions of the judge after adoption of the statement

the Judge by preparation of business for judicial proceedings obliges agencies of guardianship and guardianship at the place of residence (stay) of the adopted child to bring the conclusion about validity and about compliance of adoption to interests of the adopted child into court.

have to be attached by

To the conclusion of body of guardianship and guardianship:

  1. the statement of inspection of living conditions of adoptive parents (adoptive father) which is drawn up by body of guardianship and guardianship at the place of residence (stay) of the adopted child or at the place of residence of adoptive parents (adoptive father);
  2. the birth certificate of the adopted child;
  3. medical certificate about a state of health, physical and intellectual development of the adopted child;
  4. a consent of the adopted child who reached age of ten years to adoption, and also on possible changes of his name, middle name, surname and record of adoptive parents (adoptive father) as his parents (except for cases if such consent according to the law is not required);
  5. a consent of parents of the child to his adoption (at adoption of the child of the minor parents who did not reach age of sixteen years - also a consent of their lawful representatives, and at their absence - a consent of body of guardianship and guardianship) or the document confirming existence of one of circumstances under which according to article 130 of the Family code of the Russian Federation adoption of the child is allowed without consent of his parents;
  6. a consent to adoption of the child of his trustee (trustee), adoptive parents or the head of establishment in which there is a child, without parental support;
  7. at adoption of the child by the citizens of the Russian Federation who are constantly living outside the territory of the Russian Federation, the foreign citizens or persons without citizenship who are not the child`s relatives - the document confirming finding of the adopted child on the centralized account and impossibility of its foster care in seven citizens of the Russian Federation who are constantly living in the territory of the Russian Federation or on adoption to the child`s relatives irrespective of nationality and the residence of these relatives.

the Court if necessary can request

also other data.

Article 263. 4. Consideration of the application

the court considers Cases of establishment of adoption of the child with obligatory participation of adoptive parents (adoptive father) *, the representative of body of guardianship and guardianship, and also the prosecutor. **

the court can recruit

In necessary cases in the case of parents (parent) of the adopted child, his relatives and other interested persons, and also the child who reached age of ten years.

the court considers Cases of establishment of adoption of the child in the closed court session.

Article 263. 5. A judgment according to the statement

Court, having considered the application for establishment of adoption of the child in essence, passes the decision on allowance of the application or on refusal in its satisfaction completely or regarding satisfaction of a request of adoptive parents (adoptive father) for record them as parents (parent) of the child in assembly record about his birth, and also about change of a birth date and birth place of the child.

the mutual rights and duties of adoptive parents (adoptive father) and the adopted child are established by

At satisfaction of the declared request from the date of the introduction in validity of a judgment about establishment of adoption of the child.

the Copy of a judgment to which adoption of the child is established goes court within three days from the date of the introduction of a judgment to validity * in body of civil registration in the place of decision for the state registration of adoption of the child.

Article 173. Interrogation of the minor witness.

At interrogation of witnesses aged till 14 years, and at the discretion of court and at interrogation of witnesses aged from fourteen till sixteen years the teacher is called by b

. In case of need also their parents, adoptive parents, trustees and trustees are called. Specified persons can ask with the permission of the chairman to the witness questions.

with

In exceptional cases, when necessary for establishment of truth, for the period of interrogation of the minor witness this or that person participating in business can be removed from the hall of court session by definition of court. After return of this person to the hall of a meeting the testimony of the minor witness has to be told him and an opportunity to ask the witness questions is presented. The witness who did not reach sixteen years upon termination of his interrogation leaves from the hall of court session, except cases when the court recognizes necessary presence of this witness in the hall of a meeting.