Adoption: legal aspect of
Presently many people around the world raise children, for any reasons who were left without parents. What laws regulate adoption in Russia and what needs to be known that who plans to adopt the child?Who can be adopted by
?the Modern law of our country proclaims
adoption as a priority form of child placement which were left owing to the objective reasons without care of the native parents.
First of all, the law establishes categories of children who can be adopted. Those are the minors which were left without parental care in connection with death of parents, recognition their incapacitated, deprivation or restriction of the parental rights at long non-execution by their biological parents of parental responsibilities, including at refusal to take children from educational, medical and social institutions.
Agencies of guardianship and guardianship have to keep account of children without parental support and take measures for their social device, including also realization of a possibility of adoption.
of the Requirement to the adoptive father Now the solution of a question of adoption (adoption) of the child is in competence of judicial authorities which as special production consider petitions from citizens about adoption of children by them.
- of persons, recognized as court incapacitated or it is limited by capable;
- of spouses, one of whom is recognized by court incapacitated or it is limited by capable;
- of persons, deprived on court of the parental rights or limited by court in the parental rights;
- of persons, discharged of duties of the trustee (trustee) for inadequate performance of the duties assigned to it by the law;
- of the former adoptive parents if adoption is cancelled by court on their fault;
- of persons which for health reasons cannot carry out the parental rights;
- of persons which at the time of establishment of adoption have no the income providing to the adopted child the living wage established in the subject of the Russian Federation in the territory of whom adoptive parents (adoptive father) live;
- of persons, not having permanent residence;
- of persons, having at the time of adoption establishment a criminal record for a deliberate crime against life or health of citizens;
- of persons, living in the premises which are not answering to health and technical regulations and norms.
If the man and the woman wish to adopt the child at the same time, then marriage between them has to be registered.
Citizens of the Russian Federation, persons interested to adopt the child, submit to body of guardianship and guardianship in the place of the residence the statement with a request to draw the conclusion about an opportunity to be adoptive parents with the appendix of the following documents:
- short autobiography;
- the reference with the indication of a position and salary or the copy of the declaration on the income;
- the copy of financial personal account and an extract from the house (pokvertirny) register about residences or the document confirming the property right to premises;
- the certificate of law-enforcement bodies of lack of a criminal record for a deliberate crime against life or health of citizens;
- medical certificate state or municipal lechebno - preventive establishment about a state of health of the person wishing to adopt the child, issued in the order established by the Ministry of Health and Social Development of the Russian Federation;
- the copy of the marriage certficate (if these persons are married).
the Body of guardianship and guardianship conducts examination of living conditions of the persons wishing to adopt the child and by results draws up the statement of a condition of these conditions.
after that the body of guardianship makes the final conclusion about an opportunity to be adoptive parents which is the basis for registration as candidates for adoptive parents.
Candidates for adoption of the child in coordination with agencies of guardianship and guardianship have the right to visit repeatedly at the scheduled time social institutions in which children - orphans and children without parental support are lived. In agencies of guardianship the list of such establishments can be made, and also the order and rules of their visit by candidates for adoption are defined.to
of the Right and a duty of candidatesby
For the period when potential parents consist on the account as candidates for adoptive parents, to them provided a number of the rights connected with realization of their right for adoption of the child. In particular, to such persons an opportunity predostevlyatsya:
- to obtain detailed information on the child and data on presence of relatives at it;
- to address to medical institution for carrying out independent medical examination of the adopted child with participation of the representative of institution in which there is a child.
At the same time to them assigns a duty:
- to get acquainted with the child and to come into contact with it;
- to study documents of the adopted child; to confirm to
- in writing the fact of acquaintance with medical certificate about a state of health of the child.
Consideration of the case in court
the Basis for the solution of a question of a possibility of adoption of the specific child is the statement of candidates for adoptive parents with a request for establishment of adoption which is filed a lawsuit by them at the place of residence (stay) of the child in the order established by the Code of civil procedure of the Russian Federation (chapter 29).
the Code provides a number of special rules of hearing of cases about adoption of the child. So, in particular, the application for adoption is submitted to district court at the place of residence of candidates for adoption or in the location of the adopted child (for example, in the location of orphanage where there is a child). Applications for adoption by foreign citizens are submitted to superior courts of subjects of the Russian Federation in the location of the adopted child.by
the list of documents provided in article 271 GPK Russian Federation has to be enclosed To the application including:
- the copy of the birth certificate of the adoptive father - at adoption of the child by the person who is not married;
- the copy of the marriage certficate of adoptive parents (adoptive father) - at adoption of the child by the persons (person) who are married;
- at adoption of the child by one of spouses - the consent of other spouse or the document confirming that spouses stopped the family relations and do not live in common over a year. At impossibility to attach to the statement the relevant document in the statement the proofs confirming these facts have to be specified;
- medical certificate about a state of health of adoptive parents (adoptive father);
- the reference about a post and a salary or the copy of the declaration on the income or other document on the income;
- the document confirming a right of use of premises or the property right to premises;
- the document on registration of the citizen as the candidate for adoptive parents.
the Judge by preparation of business for judicial proceedings obliges agencies of guardianship and guardianship at the place of residence or the location 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 to the conclusion of agencies of guardianship and guardianship:
- 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 or the location of the adopted child or at the place of residence of adoptive parents (adoptive father);
- the birth certificate of the adopted child;
- medical certificate about a state of health, about physical and intellectual development of the adopted child;
- a consent of the adopted child who reached age of 10 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 federal law is not required);
- a consent of parents of the child to his adoption, at adoption of the child of the parents who did not reach age of 16 years, also a consent of their lawful representatives, and in the absence of lawful representatives a consent of body of guardianship and guardianship, except for the cases provided by article 130 of the Family code of the Russian Federation;
- 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;
- 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 existence of information about the adopted child in the state databank about children without parental support and also the documents confirming impossibility of transfer of the child on education in seven citizens of the Russian Federation or on adoption by the child`s relatives irrespective of nationality and the residence of these relatives.
also other documents.
At consideration of the application about adoption of the child given the person who is married needs to be meant that according to paragraph 1 of article 133 RF IC adoption is possible only in the presence of a consent of the spouse of the applicant.
the Exception are made by cases when by the court considering the application for adoption it is established that spouses stopped the family relations, do not live in common over a year and the residence of the spouse of the applicant is unknown.
the Consent of the child who reached age of 10 years to its adoption which owing to article 57 and paragraph 1 of article 132 RF IC are an indispensable condition of adoption comes to light body of guardianship and guardianship and is reflected in the separate document or in the conclusion of body of guardianship and guardianship about validity and compliance of adoption to interests of the child. The desire of the child concerning his adoption can be investigated and in case he did not reach 10 - summer age. However the consent becomes an indispensable condition only after achievement of this age as till 10 years it is supposed that the child owing to the juvenile age not absolutely adequately assesses a situation and lack of its consent to adoption cannot act as an obstacle for its transfer to adoptive parents.
the Consent of parents of the child to adoption
If the child has parents, then existence of their consent is an indispensable condition of adoption. At adoption of the child of the minor parents who did not reach age of 16 years also the consent of their lawful representatives is necessary, and at their absence - a consent of body of guardianship and guardianship (paragraph 1 of article 129 RF IC). Parents can agree to adoption of the child by the particular person or without instructions of the particular person, but only after the child`s birth (paragraph 3 of article 129 RF IC).
the parent`s Consent to adoption comes to light body of guardianship and guardianship with observance of the requirements listed in the paragraph the second paragraph 1 of article 129 RF IC or can be expressed directly in court when considering the case about adoption. At the same time it must be kept in mind that if mother refused the child after his birth and expressed a consent to its adoption about what there is her written statement which is notarially certified or certified by the head of establishment in whom there was a child or body of guardianship and guardianship at the place of residence of mother, repeated identification of her consent to adoption of the child in connection with consideration of a question of adoption of this child in a judicial proceeding it is not required. However in the specified case it is necessary to check whether mother`s consent to adoption of the child at the time of consideration of the case in court is withdrawn (paragraph 2 of article 129 RF IC).the Consent to the adoption given by the parent in court has to be recorded by
in the protocol of court session and is signed with it personally, and also reflected in the decision. At the same time it is necessary to consider what, proceeding from a priority of the rights of parents to education of the child, any of them can withdraw before decision of court agreed by it earlier to adoption, irrespective of the motives which induced it to make it.
Unfortunately, the current legislation does not establish uniform term for carrying out all procedures connected with adoption of the child. Sometimes parents should spend year and more for registration of all necessary documentation and carrying out all actions.
of the Right and a duty
of the Right and a duty of adoptive parents and the adopted child arise from the date of the introduction in validity of a judgment about establishment of adoption of the child (further called “judgment“). Adoptive parents are obliged to take away personally the child in the place of his residence (stay) upon presentation of the passport or other identity document of the adoptive father, and a judgment. For protection of the rights and legitimate interests of the adopted children the body of guardianship and guardianship at the place of residence of the adopted child exercises control of conditions of his life and education. Specialists of agencies of guardianship carry out planned and unscheduled inspections of observance of the rights of the adopted child, consider complaints and applications in which there is any information on life of adopted. Also inspections of housing, material and other living conditions of the child can be carried out.the Body of guardianship and guardianship in the territory of which adoption of the child was made is obliged to
After adoption by
in 7 - dnevny term after entry into force of a judgment to send to body of guardianship and guardianship at the place of residence of the adoptive father(s) with the adopted child the relevant information for the organization of control of living conditions and education of the adopted child. By transfer of the specified data the secret of adoption has to be kept. The secret of adoption assumes that data that the child is adopted, belong to the category of information of limited access and cannot be transferred to any persons, and reveal only in the cases provided by the law. For example, upon the demand of law enforcement agencies at investigation of criminal cases, etc. Persons, guilty persons for its disclosure, bear responsibility according to the legislation of the Russian Federation.
Control inspection of living conditions and education of the adopted child is carried out by the specialist in child care of body of guardianship and guardianship annually, within the first 3 years after adoption establishment. Frequency and forms of carrying out control actions can be defined by body of guardianship and guardianship independently depending on circumstances. For example, if the complaint to inadequate actions of adoptive parents, including application of violence arrived, the requirement can be sent to bodies of militia for carrying out check, interrogation of witnesses, carrying out medical examination and other actions necessary for establishment of truth. The need for carrying out control inspections after 3 years is defined by body of guardianship and guardianship individually according to the concrete situation developing in the adoptive father(s) family. Control inspection of living conditions and education of the adopted child is carried out with preservation of secret of adoption.the specialist in protection is put by
by results of control inspectionstvo of body of guardianship and guardianship, visiting a family, the report on living conditions and education of the adopted child makes. In the report data on a state of health of the child, training, its emotional and behavioural development, skills of self-service, appearance and relationship have to be reflected in a family.