How to adopt a father of his child - what documents are needed, how it is completed

Family Law > Adoption > What is required to adopt a child?

Children who are left without parents need care and love. Adoption is the priority form of placement for such children .

The process involves the emergence of family ties between the child and the new family. It is permissible to adopt a child only in court after obtaining the consent of the guardianship authority.

Adoption issues are the most important and painful . Adoptive parents must take on all the hardships of raising a child, but they do not always realize this.

Not many people decide to take such an important step, despite countless and unsuccessful attempts to have their own children. And hundreds of thousands of children continue to stay in orphanages, orphanages, and boarding schools, waiting for their new parents.

But some couples still decide to take a responsible step. Let's look at what it takes to adopt a child in 2020.

Is it possible to adopt a wife's child from her first marriage?

The usual situation is early marriage, early first child and early divorce.
After some time, a woman can find a more suitable husband for herself and form a new strong, happy family with him. Usually, the new dad begins to experience full-fledged parental feelings for his wife’s child, but some uncomfortable nuances always remain: the baby bears his father’s surname, which is different from the parent’s.

He may even consider his mother’s new husband to be his dad, but over time he will still have to explain to him some aspects of his birth. In addition, it is necessary to maintain a relationship with the father in order to obtain, for example, permission for the child to travel abroad.

Faced with such problems, some stepfathers decide to adopt a stepson/stepdaughter. Is this possible, and what difficulties might you encounter? It is quite possible to adopt your wife's first child if the man is officially married to her and lives together.

In this case, he will not have to register as a candidate for adoptive parents, and then also undergo special training. You can simply collect the documents immediately and go to court. Another condition is that the child must not be over 18 years old.

The simplest and easiest option is to come to an amicable agreement with your father. From the adoption of the offspring by the second husband of his ex, he will also receive his own advantages - he will not have to pay alimony and bear other obligations.

All this gives a person a good chance to start life over with a new leaf, with a new woman, without obligations to the past.

It is quite possible to reach an agreement with the child’s father if he is still very young - under the age of two or two and a half years, or if the father does not take part in his life anyway. This issue can be resolved simply - the father goes to the notary and writes a notarized application for abandonment of the child. All other burdens of registration fall on the shoulders of the future father.

With a living father who does not give consent

Everything is much more complicated if the father does not want to give up the child and does not give consent to the adoption.

If the father regularly pays child support, even if he is in arrears, but some amount goes to the child’s account every month, especially if he provides some kind of assistance to his offspring and does not even want to hear of his refusal, nothing can be done about it .

Even if the father lives in another city with another family, and maybe even in another country, but pays child support, the law will be on his side. Somehow it is possible to resolve the issue in the interests of the stepfather when the father does not fulfill his duties - that is, at a minimum, does not pay child support for six months or more, his place of work is unknown, and he does not meet with the child.

There are a number of other reasons why a court case can be initiated to deprive the real father of parental rights: the father committed a crime against the child or his mother, tried to involve him in criminal activity.

All cases of deprivation of parental rights are resolved only in court, so the process may take some time.

If the biological father is deprived of parental rights

If the actual father has already been legally deprived of parental rights, then the stepfather can adopt the child at any time, but provided that he meets the adoption requirements and after some time has passed, which is given to the biological father to restore paternity. Usually this is 6 months.

If the biological father is deceased

It will be enough to additionally submit a document about the death of the father to the court.

The survivor's pension for the child will be paid even after adoption.

However, when considering a claim for adoption, the court will also listen to the relatives of the deceased parent, who have the right to ask the court to preserve family relations, since the deceased, as a rule, is not to blame for leaving his child without care.

When paternity cannot be established

The biological father will not be able to determine the relationship with the child if another man is already indicated as the father in his documents, even if only from the words of the mother. Also, the procedure is unacceptable if the minor was adopted by another person.

In the first case, you will have to file a claim to challenge paternity simultaneously with the establishment. In the second, you need to cancel the adoption and establish kinship; this is not so easy to do.

Cancellation of adoption is allowed only if the adoptive parent abuses the minor, fails to fulfill his obligations, or suffers from chronic drug addiction or alcoholism. In other situations, the court can also satisfy the requirements if they do not contradict the interests of the child. But achieving this is extremely problematic.

Procedure

Procedure for adopting a wife's child:

1. The applicant applies to the guardianship and trusteeship authority to go through the procedure of adopting a child from his wife’s first marriage.
2. Obtaining permission that the applicant has the right to adopt his minor wife.
3. After receiving permission, he applies to the government agency at his place of residence.
4. If the birth mother and the future father are registered at different addresses, then you need to contact each institution separately.
5. After receiving all the relevant papers, the applicant submits an application to the guardianship authority.

After passing the last stage, the commission begins to work with the candidate and decides whether he is worthy to participate in the process of adopting his wife’s baby or not.

The guardianship authorities make a decision within 15 days from the date of acceptance of the application. After receiving a conclusion about the possibility of being an adoptive parent, the candidate gets in line.

If the applicant is denied, he must receive notification within 5 days of the decision. The documents are returned to him and the challenge process is described.

Required documents

In addition to the statement of claim, you must provide the following documents:

• Various types of drug addiction;
• Psychical deviations;
• Oncological diseases;
• Infectious diseases;
• Diseases that caused the stepfather to become disabled.

3. Certificate of income from the official place of work. Compared to adopting a child from an orphanage, the stepfather may not have an income that would provide the child with a living wage. In this case, the main thing is that the total family income is not lower than the minimum;

4. Extract from the house register. This document is provided at the place of registration of the applicant. It is necessary to have documents that confirm the existence of the property. Responsibilities include conducting a housing inspection for compliance with sanitary, hygienic and technical conditions;

5. Positive reference from the place of work. The document is signed by the manager and the presence of the company’s wet seal on it is a prerequisite;

6. Medical certificate about the child’s health status. This is an extract from the child's medical record. It is done in the clinic where the baby undergoes a medical examination. You will need a special form, which can be obtained from the guardianship authorities. The certificate is signed by members of the medical commission. The main composition is 3 commission members;

7. Autobiography of a person wishing to adopt a spouse’s child. In the autobiography, the applicant provides the following information:

• About Me;
• about his relationship with the minor’s mother;
• about immediate relatives;
• your relationship with your future son/daughter;
• about your participation in the life of a minor;
• the grounds on which he decided to adopt the child.

8. Statement from the child’s mother. This document confirms that the mother agrees to the adoption.

After collecting these documents and the conclusion from the guardianship authority, you can go to court. In addition to the package of documents, the applicant must draw up a statement of claim.

Statement of claim

To begin the adoption procedure, you will need to submit an application to the court to accept the wife's child from her first marriage. It must contain the personal data of the applicant, as well as information about the child.

The application indicates if the real father was deprived of parental rights or if he gave his consent to the adoption.

In addition, important information about the applicant is indicated:

• Having a criminal record;
• Having your own children;
• Lack or presence of living space;
• Information about the state of health, whether there is education, as well as about the relationship between the candidate for adoption and the child.

Additionally, the documents indicated above in the article are attached to the claim.

Without the consent of the biological father

If the biological father does not give his consent or he is missing, then the adoption is carried out through the court at the request of persons who wish to adopt the child.

Consideration of adoption cases takes place in accordance with the rules provided for by procedural legislation.

Cases are considered by the court with the participation of:

• adoptive parents;
• prosecutor;
• guardianship and trusteeship authorities.

To adopt a wife's child by a stepfather, it is necessary to obtain consent from the guardianship and trusteeship authorities and stand in the queue of candidates.

If the wife is a single mother

To adopt a wife's child if she is a single mother, consent from the biological father is not required. The adoption procedure is simplified, so the result will depend on:

• collected documents;
• positive characteristics of the stepfather;
• court decisions.

You must also contact the guardianship authority for an opinion, and then the court for a decision.

Terms of custody

If specialists do not find a citizen of the Russian Federation willing to accept this minor into the family, then he is placed in an institution for orphans:

• young children from 0 to 3 years old are transferred to an orphanage if there are medical indications;
• a child from 0 to 18 years old who does not have developmental disabilities is sent to an organization providing social services (centers for promoting child placement);
• minors who, according to the conclusion of the PMPC, must study in a specialized institution, are placed in a boarding school for orphans.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Placement in an organization is not a basis for stopping the selection of a family. Information about him is transferred to regional and federal data banks to search for candidates throughout the country.

If within 1 year from the moment of identification the child is not placed in a family in the Russian Federation, he can be adopted by residents of other countries except the United States.

Features of the adoption procedure

The easiest way to formalize adoption is if there is no father and legally the spouse has the status of a “single mother”, while there is a dash in the father column on the birth certificate. It is more difficult to achieve the necessary re-registration if the father is recognized by law and fulfills all the parental responsibilities assigned to him (provides financially, takes care of the upbringing and health of the ward).

The process of accepting parental responsibilities presupposes compliance with the judicial procedure if the following circumstances exist:

• if the child is under 18 years of age;
• death or abandonment of the rights of a biological parent;
• refusal to educate the ward;
• if the father is deprived of parental rights by force of law.

If a man agrees to transfer parenthood, the legal procedure is faster. If there is disagreement, there will be a long, complex process in court with the preparation of a sufficient evidence base to deprive the biological parent of his rights and transfer them to the new spouse of the mother.

As a rule, the reasons for refusal are often associated with personal reluctance for the child to consider a stranger as a dad, or with mercantile desires, when maintaining paternity is more profitable than losing it.

Before deciding to adopt, a man must be aware that the rights of adopted and natural children are equal in everything, including property and inheritance. After adoption, the same rights in relation to the natural father are lost. It is also impossible to become related to only one of your wife’s children - adoption will affect everyone.

Adoption during the father's lifetime

If the father is alive, the simplest and most correct option is to convince the parent of the advisability of transferring rights to a man who will take full responsibility for the ward, freeing the biological father from the need to pay child support.

It is more advisable to conduct negotiations before the child reaches the age of 2-2.5 years, when the man does not show interest in the life of his own baby. It is enough for the man to obtain a notarized refusal without trial, and the rest of the arrangements are carried out by the mother’s new husband.

In order to achieve a decision in favor of adoption, it will first be necessary to prove that the real father is not fulfilling his duties properly, or there are serious reasons to believe that the transfer of powers is fully consistent with the interests of the ward. Common reasons used in court include:

• no alimony payments for 6 months or longer;
• lack of official income;
• avoidance of meetings with the baby;
• criminal acts directed at a minor or mother;
• attracting the ward to a life of crime.

In the event of the death of a parent

When the real father has already died, there are no obstacles to finding a new parent. This is the most favorable situation in order to feel the unification of the whole family. For the court, it will be enough to provide a death certificate and show that the spouse, children and man wish to become relatives.

After the adoption procedure, the child retains the right to receive a state survivor's pension.

An important nuance when adopting after the death of the father is the solution to the issue of preserving the family relationship between the baby and relatives on the part of the deceased parent. The court, as a rule, grants the requests of relatives, without having reasons for refusal.

Maternal capital

According to the Federal Law on state support for families with children, when adopting a husband’s child from his first marriage, the right to receive this additional state support arises. However, the following circumstances must be met:

• if both have Russian citizenship;
• and the adoption took place no earlier than 2007.

Maternity capital for the adoption of a husband’s child, as well as any other child in Russia, is 345 thousand rubles.

How to adopt a wife's child from her first marriage

After the official registration of the marriage, the new spouse becomes the stepfather of the wife’s children, which gives him the right to formalize paternity in the future. If a man and a woman are only cohabitants, the question of the possibility of becoming the legal father of the common-law wife’s children is not considered.

The procedure for adopting a wife’s child is possible under the following conditions:

• the actual desire of the stepfather;
• legally formalized permission of the biological father, if he responsibly fulfills his obligations and is not deprived of parental rights;
• consent of the adoptee's mother;
• consent of the person being adopted, if he is 10 years old at the time of adoption;
• stepfather's capacity;
• the stepfather has no criminal record;
• having a permanent income;
• the stepfather has no serious illnesses, alcohol or drug addiction;
• the stepfather's lack of experience in depriving parental rights.

If the biological father gives his consent to the adoption, the permission is legally formalized and certified by a notary. This document exempts the parent from attending court. If there is no permission, then he can express his decision personally during the court hearing.

If the origin of the child does not raise any doubts, and the parents at the time of birth are not legal spouses, but live together, then the issue of paternity is resolved through the registry office. An application is submitted to the registry office, where the man indicates that he wants to be recognized as the legal father.

Where to contact

The procedure for legitimizing paternity lies within the competence of the guardianship and trusteeship authorities; you only need to submit an application and other necessary data to the above authority. After reviewing the documentation, a conclusion is drawn up on the possibility of adoption. If all family members are registered in different places, the data is submitted to the guardianship service at the place of registration.

Having received the required permission, the adoptive parent attaches a pre-drafted statement of claim and applies to the court for a final decision.

Procedure

• Obtain legally certified consent for adoption from the natural father.
• Obtain written permission from the adoptee's mother.
• Prepare a number of necessary documents (listed below).
• Contact your local guardianship office for an adoption certificate. Usually stepmothers and stepfathers are not denied the issuance of this document, and after 5 working days the conclusion is ready.
• Provide a statement of claim, opinion and other documents to the court.
• Take part in the court hearing, as a result of which a decision on adoption is made.

Usually the process of adopting a wife's child by a stepfather takes a maximum of 1-2 months.

Is a stepfather required to undergo training as a person wishing to adopt a child?

If a new husband plans to formalize paternity for his wife’s children from his first marriage, he does not have to attend adoption courses, parenting training, or undergo other special training.

What documents will be required

The procedure for registering the adoption of a wife's child is not as simple as it seems at first glance. The main difficulty is collecting all the requested documents. These include:

• Basic (enshrined in federal laws):
• certificate of no criminal record of the adoptive parent (requested at the local police department or on the State Services website, completed within 30 days, valid for 6 months);
• certificate of health of the adoptive parent (form 164/у-96);
• certificate of income of the adoptive parent (form 2-NDFL, requested at the place of work);
• characteristics from the place of work with the seal and signature of the manager;
• an extract from the house register stating that the adoptive parent lives with the adoptee;
• papers for the adoptive parent's real estate;
• autobiography of the adoptive parent;
• document on the health status of the child being adopted (certificate form 169u);
• Marriage certificate.

After carefully studying the documentation, representatives of the guardianship authorities can check the living conditions, as well as talk with the mother and the adopted person. Only after this do they decide on the possibility of registering paternity.

• Additional (recorded in regional regulations):
• the desire of the adoptee, if he is already 10 years old;
• a certificate stating that the adoptive parent has not previously been deprived of parental rights;
• a certificate stating that the potential parent was not previously an adoptive parent and the adoption has not been canceled in relation to him.

Information about what other documents are needed to register paternity for the wife’s children can be obtained from local guardianship and trusteeship authorities, as well as on the State Services website.

How many children can I take into custody?

In 2020, the number of children who can be placed in one family is unlimited. Government Decree No. 423 of 2009 recommends that guardianship departments adhere to the norm of 8 people.

But is it possible to take care of more children? In practice, the guardian can apply to the commission of the guardianship department to increase the number of pupils. Experts deviate from the recommended number if brothers and sisters are added to the family. Therefore, the number of children in the guardian’s family may exceed 10 people.

Since 2020, a bill has been under consideration that would tighten the requirements for candidates for guardianship. One of the requirements is mandatory psychological testing. Currently, this practice exists only in a number of regions. And the results of a psychologist’s report cannot be a basis for refusing to issue a report.

The bill also provides for a reduction in the maximum number of wards in a family. The legislator believes that no more than 3 children (including blood children) can be raised in one family. This way, the guardian can pay attention to each child. This will help their proper education and harmonious development.

The foster care community has expressed disagreement with limiting the number of foster children. For 2020 the question remains open.

Procedure

The first step in the process of adopting a child in a civil marriage is submitting an application to the civil registry office to establish paternity. The corresponding document can be submitted both before and after the official registration of the baby. If, for good reason, the mother of a minor cannot be present when submitting the application, her signature must be notarized. After submitting the application, which is accompanied by the necessary package of documents, the next important step is timely payment of the state fee.

Important! If common-law spouses decide to register their marriage officially, in this case the adoption will occur automatically, with the written consent of the father. The appropriate changes will be made to the baby's birth certificate immediately.

Adoption of an adult child

Federal Law No. 48 “On Guardianship and Trusteeship” regulates that the process of adopting a child who has reached the age of majority is not allowed. In relation to these persons, only paternity can be established. To do this, the applicant will need to obtain the consent of an adult to carry out the relevant procedure.

If the child was recognized as partially or completely incompetent, then in this case, in order to establish paternity, the written consent of his guardian or trustee will be required.

If the mother is absent

You can claim rights to a child born in a civil marriage in the absence of a mother if:

• her whereabouts are unknown or declared missing by the court;
• she is declared completely incompetent;
• deprived of parental rights.

To officially adopt a child, the natural father must officially declare his rights by submitting all the necessary documentation to the Office of Guardianship and Trusteeship at the place of residence. After receiving the appropriate permission from authorized persons, the father submits an application to the civil partnership registration service.

Payments to guardians

Payments to guardians are divided into several types:

Note! In addition to payments, in most regions, guardians are also entitled to benefits. For example, some zoos allow guardians of three or more children to enter the grounds free of charge. There are also tax benefits: for 1-2 children you can get a deduction in the amount of 1,400, for the third and subsequent children - 3,000, for a disabled child - 6,000 rubles.

Comments from adoption lawyer Ekaterina Akatova:

“In the matter of adopting a wife’s son/daughter, great attention must be paid to the collection of documents. The required list of documents is quite large; you will need both a police clearance certificate and medical

examination, both of the child and the adoptive parent and many certificates characterizing the alleged father. If you make a mistake or delay when completing any paper, the whole process may be disrupted and you will have to start all over again, because many documents from the required list also have an “expiration date.”

Therefore, when you decide to tackle the issue of adoption, try to approach it responsibly and do everything promptly, so that in the future you don’t have to waste time on re-collecting expired certificates.”

The procedure for assigning a surname to a child if the parents did not register their relationship

In the modern world, people are in no hurry to officially register their relationships and often give birth to children in such a union. In this case, the question inevitably arises: is it possible to give the child the father’s surname if we are not registered. Legislation, which is also in force in 2020, allows us to solve this problem.

If at the time of the baby’s birth, mom and dad did not register their relationship, the child can be given the surname of one of them. To make a record of the father, paternity must be officially recognized. To do this, the father must write a corresponding statement. If the relationship is not registered, the parent is not required to go through the adoption procedure.

It is more difficult when the father is not listed in the documents at all. In this case, the surname is written in accordance with the full name of the baby’s natural mother. The patronymic name is set whatever the woman wishes.

Establishing the baby's initials is one of the many problems that arise when he is born in a civil marriage. Another difficulty is establishing paternity, especially if the blood parent does not recognize his child.

If a man does not want to acknowledge his paternity, an entry about the father can be made by a court decision. Thus, the child can be given the father's surname if the marriage is not registered.

In the event that paternity has not been established at the time of issuing the birth certificate, the baby will receive the mother's surname. Once paternity is established in court, it can be changed

When a child is born out of wedlock, it is important to take into account that if the parent recognizes the child as his own, his presence when receiving the birth certificate is mandatory

When a child is born out of wedlock, it is important to take into account that if the parent recognizes the child as his own, his presence when receiving the birth certificate is mandatory. Because he has to write a paternity statement

Otherwise, the fact that the child has a father will not be confirmed and the child will receive the mother’s surname.