Author of the article: Lina Smirnova Last modified: January 2020 3778
For citizens who have decided to become parents of an adopted child, desire alone will not be enough. To do this, you will need to prove your right to raise a minor child by presenting documents for adoption of the child to the guardianship authorities and the court. Let's consider what requirements are imposed on potential parents, what procedure for the adoption procedure is established by law. We will find out what documents will be required in case of adoption by a married couple, an individual, a stepfather or stepmother, as well as foreign citizens.
Documents for adoption
After making sure that the requirements are met, the adoptive parent can proceed to collecting documentation.
The established list in 2020 may vary depending on who wants to receive the status of a foster parent and where the child is being taken from.
The standard list of documentation is as follows:
- application for adoption;
- if the person is not married, documents about his birth;
- a copy of the marriage certificate if the child is being adopted by a married couple or one of their representatives;
- consent of the second spouse or a document confirming that the person is divorced;
- a medical certificate for each adoptive parent confirming that he is capable of raising a child and has no contraindications for health reasons;
- a certificate of monthly income and a document documenting the position held by the citizen;
- certificate of ownership of the apartment or rental agreement;
- a document confirming the inclusion of a citizen in the list as an adoptive parent.
A complete list of documentation is not always required. The exact list of papers can be found by contacting a representative of the government agency dealing with adoption issues.
From the baby's home
If a person plans to pick up a child from an orphanage, the list of documents for adoption will have a number of differences from the standard one.
The potential adoptive parent will need to provide:
- copy of passport;
- registration certificate;
- medical certificate;
- autobiography;
- certificate of monthly income;
- pensioner's ID;
- a certificate of criminal record or lack thereof;
- lease agreement or certificate of home ownership.
If a child is adopted by a married couple, documents will have to be provided to both potential parents.
From the orphanage
Expert opinion
Kozlov Nikita Vladimirovich
Practitioner lawyer with 7 years of experience. Specialization: family law. Legal expert.
If a person takes a child from an orphanage, a standard list of papers will be required. However, it may need to be supplemented with a document confirming that the potential parent does not have utility debts.
Wife's child (stepfather)
If a stepfather wants to adopt a child whose mother is his wife, there are several options for the development of events.
So, if a woman:
- She is a widow, her child is considered half-orphan. The stepfather will have to go through the standard adoption procedure.
- She is a single mother, there are 2 options for the development of events. The stepfather can adopt the child or register paternity. In the first situation, he will have to undergo a standard procedure. The second option is suitable for people who are ready to take on the full burden of responsibility for a child with the ensuing consequences. It is easier to formalize paternity of a child, but in the future the man will not be able to refuse the responsibility he has assumed.
- If you are divorced and the previous spouse continues to participate in the child’s life, the stepfather can only adopt the child after receiving the consent of the second parent.
- If you are divorced, but your ex-husband is not involved in the child’s life, adoption will be possible if the current state of affairs can be proven in court. In this case, the child's biological father will be deprived of parental rights.
To know all the nuances of the procedure, experts advise studying the Family Code.
Statement
The petition, which is submitted to the registry office, is written by parents by hand in the prescribed form.
In the upper left corner you must write the number and date of recording the adoption act. In the right corner you must write to which body of the registry office the petition is being submitted and from whom.
After this, you need to write “application for adoption” in the middle and state your request in any form. At the end of the application, information about the adoptive parents is indicated and signatures are placed. If the family is complete, then signatures are required from both the adoptive mother and the adoptive father.
Registration of adoption will take place on the day the application is submitted. After which the civil registry office employee is given two weeks to issue the adoption certificate, and the finished document is handed over to the adoptive parents.
Fill out the application carefully using blue or black ink!
What is necessary?
If a person is trying to find out what documents are needed to adopt a child, he must remember that the list includes specific papers, the details of which must be studied separately.
Statement
The application must be submitted along with the petition. Papers are accepted by the trustee department.
In order for government officials to agree to review a document, it must contain the following information:
- Full name of the adoptive parent;
- registration of the adoptive parent;
- Child's full name;
- date of birth of the adoptee;
- region of residence of the adoptee;
- information about the child's parents and siblings, if any;
- the reason why a person wants to adopt a child.
A sample application for adoption of a child is here.
The petition must contain a request to change the record of the parents in the registry office and correct the child’s full name. The number of birth can also be changed.
Are you interested in the legal regulation of international adoption? See here.
Autobiography
Another mandatory requirement is writing an autobiography. An applicant for adoption of a child can write it by hand or type it on a computer. The autobiography should take 1-2 pages of typewritten text.
The document must contain the following information:
- first and last name of the adoptive parent;
- date and place of birth of the adoptive parent;
- place of registration;
- where the applicant studied and when he graduated;
- place of work and position held;
- marital status of the adoptive parent;
- information about parents, brothers and sisters, if any, and children indicating the date of birth;
- data regarding the implementation of a surname change;
- availability of additional education;
- availability of practice in dealing with children.
The applicant may indicate other information that he considers important.
Medical report
When contacting the guardianship authorities with a request for adoption, a person will have to obtain a medical certificate. A special form is provided for its preparation.
To fill out the document, a person will need to contact a medical institution at the place of registration or other centers that have the appropriate license. In addition, a person will have to visit a number of dispensaries and obtain certificates confirming that the potential parent is not registered with any of them.
When starting to complete the document, a person must take a referral to a therapist, which is provided at the hospital reception.
After the examination, the doctor will give additional directions for tests and examinations by other specialists.
Blood tests are performed to check for the following diseases:
- Wasserman reaction;
- hepatitis B and C;
- HIV.
In addition, you will need to undergo fluorography and visit the following specialists:
- narcologist;
- psychiatrist;
- infectious disease specialist;
- oncologist;
- phthisiatrician.
When the test results are ready and all specialists have been passed, you will need to visit the therapist again. He will give a conclusion that must be signed by the head physician of the medical institution. The paper is valid for 4 months from the date of receipt.
Papers for a child
To go to court to finalize an adoption, a person will need to provide paperwork not only about themselves, but also about the child.
The following documents will be required:
- a copy of the baby's birth document;
- health certificate;
- documents for real estate, if the child has it;
- data from the house register;
- information about the adoptee's parents.
If the child is over 10 years old, consent will be required for the adoption procedure. It is issued in the form of an application.
A sample of a child's consent to adoption is here.
Who issues?
After the trial, a copy of the positive decision is transferred to the registry office, where the adoption procedure is officially registered. After this, adoptive parents can collect a set of documents to obtain an adoption certificate. It is drawn up and issued by an employee of the civil registry office.
The set of required documents should include:
- application from adoptive parents;
- a copy of the procedural document;
- documents of both parents;
- child's birth certificate.
Adoptive parents can receive the document at any time. The civil registry office has no right to refuse them!02
FAQ
During the adoption process, an applicant may have a number of questions. Having received an answer to them in advance, a person will be able to speed up the procedure.
In a civil marriage
Persons living in a civil marriage can take a child, but only one person will be his parent. In addition, the risk of denial of a request for adoption will be significantly higher.
Single mother
Expert opinion
Kozlov Nikita Vladimirovich
Practitioner lawyer with 7 years of experience. Specialization: family law. Legal expert.
If a woman is a single mother, the father of her baby may be the man she loves later. In this case, the law allows the stepfather to adopt the child or register paternity.
The second option is faster, but it involves more responsibility.
What payments are due when adopting a child in 2020? Information here.
What is the procedure for adopting a child? Details in this article.
Foreign persons
Foreign citizens have the right to adopt babies born in Russia.
To carry out the manipulation, foreigners will have to contact the federal operator of the state data bank or the regional department of social protection.
The list of documents that will be required to carry out the manipulation will differ from the classic one. The list of required papers includes :
- statement;
- A completed application form;
- the applicant's identity card;
- obligation to further register the baby at the consular office of the Russian Federation;
- the obligation not to interfere with the examination of the child’s future place of residence, which is carried out by employees of the competent authorities;
- conclusion of the competent authorities on the possibility of adoption;
- the obligation of the competent authorities to monitor the living conditions of the baby and provide reports;
- a copy of the paper confirming the authority of the competent authority.
Both a foreign citizen and a stateless person can act as an adoptive parent.
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For citizens who have decided to become parents of an adopted child, desire alone will not be enough. To do this, you will need to prove your right to raise a minor child by presenting documents for adoption of the child to the guardianship authorities and the court.
Let's consider what requirements are imposed on potential parents, what procedure for the adoption procedure is established by law. We will find out what documents will be required in case of adoption by a married couple, an individual, a stepfather or stepmother, as well as foreign citizens.
Who can be entrusted with parental rights?
The state takes a strict approach to the personal characteristics of the adoptive parent, and therefore sets requirements that he must meet.
The main requirements include:
- the age of majority and legal capacity of the adoptive parent;
- availability of own housing, which meets the conditions acceptable for the child’s residence;
- stable job and decent income to support a child;
- no criminal record for a crime involving an attempt on the health and life of other people, alcohol and drug addiction;
- a positive health report that allows you to fulfill parental responsibilities;
- absence of facts of deprivation of parental rights and negative experiences of adoption in the past.
- moral qualities of the applicant, ensuring the correct worldview of the child.
Registration procedure
Today there is an established procedure in accordance with which adoption is carried out. If a citizen has firmly decided that he wants to take a child into the family, he must familiarize himself with the peculiarities of the process.
Requirements
The state does not agree to entrust the child to all persons. The adoptive parent must meet a number of requirements:
- have a permanent place of residence;
- reach 18 years of age;
- have no criminal record;
- the person’s housing meets the requirements set by the guardianship authorities;
- the adoptive parent is legally capable;
- the applicant has a stable level of income that allows him to provide for a child;
- the health status of the potential adoptive parent allows him to cope with the responsibilities of a parent;
- the person has never been deprived of parental rights;
- the applicant has no negative adoption experience in the past.
If a person meets the established requirements, the state will agree to study his candidacy as an adoptive parent.
Conditions
In Russia, they are quite loyal to people who decide to take a child into the family. However, if a person does not meet the requirements, you can forget about adopting a baby.
First of all, government officials pay attention to:
- availability of personal housing;
- compliance of living conditions with established requirements;
- availability of sufficient space in the apartment for the child;
- sufficient level of income.
If these conditions are not met, a person will not be able to take someone else’s child into the family.
Responsibilities
The person to whom the state has entrusted the child receives a number of rights and responsibilities.
So, a new parent should:
- raise a child;
- represent the interests of a minor in court;
- manage property that belongs to the adopted child;
- keep the adoption secret;
- bear responsibility for all damage that a small citizen may cause to the property of others;
- place the child in your apartment.
When placing an adopted child in his or her living space, the parent is not required to obtain permission to perform the action from other family members.
What responsibilities does an adoptive parent have to fulfill as a parent?
When realizing his intention to become a parent, a citizen must know that after he receives the right to be called one, he will be assigned certain responsibilities, which include:
- raising an adopted child;
- representation of his interests in all government authorities;
- bearing responsibility for all illegal actions committed by the child;
- management of all property belonging to the child;
- providing the child with a comfortable place to live in the family.
Adoption procedure
Potential parents need to know how the adoption process is carried out and what documents are needed so as not to make rash actions and make the adoption procedure as easy as possible. Please note that the rules of adoption depend on who the adoptive parent is.
When a child is adopted by a married couple, a single parent, a stepfather or stepmother, as well as foreign citizens, the process of registering parental status will have certain differences.
Let us first consider the general case of adoption of a child by a married couple from an orphanage. In this case, the following steps and their sequence are adopted:
- the application of applicants for adoption to the OOiP with an application to be included in the list of candidates for adoption, as well as the presentation there of documents characterizing them;
- after studying the documents and examining the living conditions of citizens, the OOiP issues a conclusion on registering them as candidates for adoptive parents and introduces in absentia the children who are candidates for adoption (on a special website or in a data bank proposed by the guardianship) and the choice of a specific child;
- then the opportunity to meet him personally is provided;
- arrangement of a place of residence for the future parents of the child in their home;
- preparing an application and documents for the adoption of a selected child to the court and submitting them to the POiP;
- consideration of the issue and adoption decision in court.
While in candidate status, citizens can obtain information about children included in the register for adoption. They can request information about their health, the presence of relatives, and conduct an independent medical examination of the child with the assistance of representatives of the child care institution in which he is located.
Applicants also have the right to receive a referral to a child care institution for personal acquaintance with children or a specific child whom they want to adopt. The fact of meeting the selected child and familiarizing himself with his health report must be confirmed in writing and presented in court.
Adoption
Not every candidate knows where to start the procedure and where the adoptive parent should go.
- If a person wants to adopt a child, then the procedure should begin by contacting the guardianship and trusteeship authority.
- Next, you should familiarize yourself with the list of documents that are mandatory for consideration of a candidacy and submit them to the body.
- After this, the authority will conduct an examination of the candidate’s living conditions in order to draw a conclusion about the possibility of children living there.
- After this, the candidate may be given permission to become an adoptive parent.
Since welcoming a baby into the family is quite a serious step, experts recommend:
- Undergo psychological preparation before taking your baby into the family. It is not always easy for a baby to get used to the family;
- Discuss the adoption decision with your immediate family. Their negative attitude can affect the adoption of the adopted child in new conditions;
- Get information about all your baby's health problems. Unfortunately, the detection of serious illnesses after adoption into the family often serves as the basis for returning the baby to the orphanage;
- Find out full information about the baby’s parents (whether they are alive, for what reason they abandoned him).
Adoption of wife's child
A woman’s new husband can become a foster parent for her children born in a previous family.
A man has the right to adopt after the official registration of the relationship in the registry office. The adoption of a child is carried out only with the permission of the blood father, as well as the mother.
To carry out the procedure, you must contact the guardianship and submit all the required documents, including the consent of the biological parents. After this you need to write .
From the orphanage
In orphanages there are children who have reached 4 years of age and have not reached 18. The reasons for placing them there include:
- parental refusal;
- deprivation of parental rights;
- recognition of parents as dead or absent;
- the presence of illnesses in parents that interfere with the exercise of parental rights and responsibilities.
The procedure for adaptation of such children to new family conditions is the most difficult, since they have formed images of their blood parents and find it difficult to cope with parting with them.
Adoption of a child from an orphanage is carried out in the following order:
- candidates collect documents required by law;
- guardianship issues permission, which is the basis for gaining access to the database of children left without parental care;
- guardianship issues permission to visit the orphanage to meet the baby;
- candidates apply to the judicial authority to complete the adoption procedure.
It should be noted that when adopting children who have reached 10 years of age, their opinion must be taken into account.
From the maternity hospital
Babies remain in the maternity hospital immediately after birth due to their parents abandoning them. Often such children are there due to the need for special care for them.
As follows from practice, the majority accept newborns into the family. For parents of a baby in the maternity hospital, they should:
- submit;
- obtain permission to become adoptive parents and begin searching for a suitable child;
- obtain permission to visit the maternity hospital;
- submit an application to the court.
From the baby's home
Children under three years old are in orphanages. They get there if their biological parents abandoned them in the maternity hospital or they were removed from families in which the parents led an antisocial lifestyle.
And at home the baby happens in the same order. Potential adoptive parents:
- apply to the guardianship authority with a request to consider their candidacies;
- receive approval of their candidacies as adoptive parents;
- pass ;
- find a suitable child using databases provided by the social authority;
- go to court.
Foreign citizens
The adoption of children into families by citizens of the Russian Federation is considered a priority, but the legislator does not exclude the possibility of foreign citizens obtaining parental rights. If a foreigner applies to adopt a child, then he should start by contacting the guardianship authority.
After this, the documents required for consideration of the candidacy are collected. After submitting the information, it is necessary to conduct a survey of housing conditions. The opportunity to carry out an examination is provided to social authorities exercising similar powers in the person’s place of residence on the territory of a foreign state. Further, the procedure is similar to the procedure established for citizens of the Russian Federation.
Documents for the guardianship authority
Adoptive parents are required to attach documents proving their right to be called parents to their application to the OOiP:
- your autobiography;
- a certificate from the official place of work, which must indicate who the citizen works and what his salary is (you can attach a declaration of income);
- a copy of the payment document from the management company confirming the ownership of the housing or the certificate of ownership itself;
- a certificate from the police department confirming the absence of a criminal record for committing a deliberate malicious crime;
- a health report of a potential applicant issued by a state medical institution. To do this, applicants will have to undergo examination by a cardiologist, neurologist, psychiatrist, oncologist, infectious disease specialist, and dermatologist. You also need to be tested for AIDS, tuberculosis and a number of sexually transmitted diseases. After the examination, the therapist issues a general health report;
- information about marital status (in case of adoption by a married couple, you must attach a copy of the marriage registration certificate).
When applying to the POiP with an application, the citizen must also present his passport or other document proving his identity.
Validity
Before the court hearing, adoptive parents must collect and submit for consideration a whole set of documents:
- certificate from the epidemiological station;
- certificate of no criminal record;
- form No. 9 from the Housing Office;
- bank account statement;
- conclusion on the medical examination passed;
- characteristics and certificate from the place of work.
Each of these documents has its own expiration date. This must be taken into account. After the court hearing, the decision on adoption is transferred to the registry office, where it is officially documented that the child now has a new family. The decision is valid for 2 years. A certificate from the SES and a certificate confirming that the adoptive parents have no criminal record are valid for exactly one year. Form T-9 and bank account statement are valid for no more than a month.
The employment certificate and reference will be considered valid until the end of the calendar year. Also, before contacting the registry office, parents and the child must undergo a medical examination. Its results will be valid for 3 months. After this period, if the certificate is not received, the commission will have to be repeated.
It’s better to do everything on time than to go through all the authorities again and waste precious time!
Contents of the autobiography
It should contain the main stages in the life of the adoptive parent and contain:
- Full name of the citizen, his place and date of birth;
- registration address;
- where and when he studied: received general education, what educational institution he subsequently graduated from (list all institutions, as well as what specialty was acquired);
- places of work in chronological order, and the last enterprise or organization where he works at the time of drawing up the document;
- information about the family: full name of the marriage partner and his date of birth, full name of other children and other family members indicating their age;
- facts of the change of surname (when and under what circumstances this happened, and also indicate the surname before and after the change);
- if you have additional education or experience working with children, you need to indicate this;
Sample
You can take a child into a family until he turns eighteen years old. The adoptive parents receive an adoption certificate confirming that they are now responsible for a particular child.
Sample form of adoption certificate
This paper is considered the main document that confirms the fact that the minor adopted child is a member of this family. He has certain intangible and tangible rights. The certificate also determines the rights of the parents. To obtain it, it is important to first contact certain authorities.
The obtaining procedure is quite lengthy. After the documents have been submitted to the MFC or the Civil Registry Office, the adoptive parent is signed as a parent. In all cases, the adoption certificate will look the same.
The paper contains the following information:
- Full name of adopted children;
- date, place of their birth;
- surname, name and patronymic of the adoptive parent;
- citizenship, nationality;
- date, record number;
- place of registration;
- exact date of issue.
It must be remembered that parents have the legal right to change some data.
For example, if the child is over ten years old, then all information entered is carried out only with his mandatory permission. Up to one year, you can change your date of birth if you wish. However, the adjustments made should not be significant.
For example, if a baby was born on August 14, 2020, then the new date of his birth must be no later than three months from the current date. But if the child is more than one year old, then it is no longer possible to change his date of birth.
Expert opinion
Maria Lokshina
Family law expert since 2010
Adoptive parents are allowed to change the child's surname, place and date of birth. This procedure is carried out under the secrecy of adoption. A new certificate is issued by the registry office after the court hearing. After this it will be considered valid.
Documents for court
The final decision on placing a child in a new family is always made by the court. The basis for considering the case of adoption of the selected child is the application of the applicants about the desire to become legal parents for this child, submitted to the judicial authority at the place of residence of the child.
It should set out in detail the reasons that prompted the applicants to adopt the child, as well as provide arguments about their right to become parents for him.
Along with the application to the court you must present:
- a package of documents with information about the adoptive parents, prepared for the OOiP with the conclusion of this body on the nomination of the married couple as candidates for adoption and an indication of the preparatory stage of getting to know the child;
- documents for the child, prepared with the participation of the educational institution and representatives of the child care institution where the child was located.
The list of documents for the child includes:
- his birth certificate;
- expert opinion on the state of his physical and mental health;
- if there is property registered in the name of the child, information about its composition and the characteristics of each object;
- information about the biological parents of the child being adopted. If they died, then a death certificate is presented, if they are deprived of rights, then a court decision, etc.;
- the child’s consent to adoption if he is 10 years old.
Required documents
In order to obtain a certificate of adoption of a child, in addition to the application, adoptive parents must submit the following documents to the registry office:
- a copy of the procedural decision;
- passports;
- child's birth certificate;
- conclusion on the passed medical examination.
A personal identification document can be not only a civil passport of the Russian Federation, but also, in its absence, a foreign or service passport received in Russia, as well as a sailor’s passport. Based on this, the final registration of adoption takes place.
Contents of the application to the court
When going to court, you need to prepare your application correctly. It must comply with the requirements for drawing up documents established in court records and contain:
- the name of the judicial authority to which citizens apply;
- details of both applicants indicating the place of registration and passport details;
- information about the child being adopted: his full name, place where he lives and is registered;
- information known to the adoptive parents about the biological parents of the selected child;
- a description of the circumstances that led to the adoption of the child and the conditions for his living;
- a link to the documents provided proving all the facts described in the application;
- assurance to the adoptive parents that they are informed about the health status of the selected child and are familiar with his personal file;
At the end of the text, the adoptive parents can apply to the court with a request to recognize them as the official parents of the minor child and assign him the full name they indicated. At their request, it is allowed to change the place and date of his birth.
Specifics of documents when adopting a child of a wife or husband
The process of adopting a wife's (husband's) child is based on motivation within the family. It depends on the situation regarding the biological parent who does not live with the child:
- If he died, then the paperwork and the adoption itself by the stepfather takes place in the same sequence as in the case of adoption by a married couple. The process is simplified by the absence of the stage of choosing a baby, because it is known in advance.
- If the father is unknown, and there is a dash in the column about the father, then the adoptive parent can go through the standard adoption procedure, or recognize himself as the biological father. The second way is simpler, because does not require collecting a large number of documents, but biological paternity carries with it many consequences.
- If the child’s mother divorced the biological parent, then in addition to the standard set of documents, consent to the adoption of the child’s natural father will be required. Without the consent of the biological father, adoption by a stepfather is impossible. The exception is the fact of deprivation of his parental rights to this child, then his consent is not required.
Features of registration of adoption by foreigners
Foreign nationals will also have to go through the adoption procedure, starting with visiting the OiP and selecting a baby from the provided data bank. Let's look at what documents they will have to prepare for adoption:
- fill out the form;
- certify with a notary the obligation to compulsorily register the child at the Russian Consulate and not to obstruct the authorities responsible for monitoring the child’s living conditions;
- original and copy of identification document;
- conclusion of the body of the country of residence of foreigners, similar to the POiP in the Russian Federation, that the adoptive parents have created all the conditions for the child’s life. It should be accompanied by photographs of the adoptive parents' home. It is also necessary to provide an undertaking from this body to regularly check the child’s living conditions;
- a document confirming the competence of the body that issued the conclusion.
When deciding to take a stepchild into the family, all people should not only carefully consider the responsibility of this step, but also keep in mind that the adoption process is not quick and easy. You need to prepare for patience and perseverance, because in the Russian Federation you will not only have to choose a baby, collect documents for adoption, but also undergo verification by many authorities, including guardianship and trusteeship authorities, in order to obtain the opportunity to raise the baby in order to prove your right to be considered the legal parents of the adopted child .
Expert opinion
Kozlov Nikita Vladimirovich
Practitioner lawyer with 7 years of experience. Specialization: family law. Legal expert.
It will not be very easy to understand the list of documents for the adoption of a child, since a large number of them need to be submitted, and to various institutions directly or indirectly related to the adoption process.
In order not to get confused in the variety of papers, you should refer to the Decree of the Government of the Russian Federation number 275, which was adopted on March 29, 2000, because it is in this document that the entire complete list of necessary certificates and recommendations is provided.
If the family has no idea how to adopt a child, then the first step is to familiarize yourself with Chapter 19 of the Family Code, which clearly and in detail describes the entire process.
- Stages of adoption
- When adopting a child resulting from a previous marriage
- When adopted by foreign citizens
- List of required documents
Stages of adoption
There are several main types of adoption. Accordingly, both the registration process itself and the adoption documents that must be presented differ.
The adoption of a person into a family is divided according to biological kinship:
- Applying the general procedure when a baby is taken from an orphanage;
- If a person who is the son or daughter of the spouse becomes a relative.
Either taking into account citizenship:
- When candidates for adoption are citizens of the Russian Federation;
- If they are citizens of another state.
Important! Foreign citizens wishing to foster a child from Russia should familiarize themselves with Articles 124 and 165 of the RF IC, as well as Chapter 29 of the Civil Procedure Code.
Let us consider all these cases in more detail.
In the general procedure for adopting a child
This option involves dividing it into two stages:
- You need to register with the guardianship and trusteeship authorities. This authority exists in every big city and regional center.
First, an application for adoption is submitted containing the following information:
- Write the name of the organ;
- Provide personal data;
- Personal information about the child you wish to adopt;
- Clearly define the reasons that prompted you to take in a foster child.
Before contacting the guardianship authorities, you must provide some information:
- Personal biography of candidates for adoption;
- A conclusion from a medical institution confirming good health.
Attention! This certificate is issued for a period of no more than 90 days, so its execution should be done at the last moment.
This is one of the most difficult periods in meeting all the requirements when collecting documents necessary for adoption. You will have to provide general blood tests, test results for AIDS, syphilis and other dangerous sexually transmitted diseases, undergo fluorography and have a cardiogram done.
It is necessary to prove good health from most doctors:
- Psychiatrists;
- Narcologists;
- Dermatologists;
- Oncologists;
- Neuropathologists;
- Therapists;
- Infectologists.
Each certificate must be completed by a separate specialist and signed by the chief physician of the medical institution.
- A paper from the place of employment, where the position held and the salary are stated:
- Information about the housing area, where the title to the home should be, an extract from the house register, and copies of utility bills;
- Certificate of marriage between the intended parents;
- A document issued by the Ministry of Internal Affairs confirming that candidates for adoption of a child from an orphanage do not have an outstanding criminal record;
- Originals and copies of your passports.
- You will have to take part in a mandatory court hearing, where the final fate of the baby will be decided.
According to Article 125 of the Family Code, the transfer of a baby to a foster family is carried out only by court decision, and the process should be initiated by candidates for adoption.
The statement of claim must contain a description of the reasons why this particular child was chosen, as well as evidence to determine the place of further residence of the adopted child. It should be accompanied by a marriage certificate, a document on registration with the PPP authorities and completion of training, and the signed consent of the spouse to take an adopted child into the family.
The court hearing is held in the presence of future parents, representatives of the prosecutor's office, and employees of the guardianship and trusteeship authorities.
According to Article 125 of the Family Code, paragraph 2 and Article 272 of the Code of Civil Procedure, Part 3, the guardianship will need to prepare a conclusion that the interests of the baby will not be harmed during adoption. If the court announces a positive verdict, then a copy of the decision is sent to the registry office for legal registration, which must happen within 3 days.
As practice shows, it will be necessary to undergo preliminary training, get to know the baby and gain his favor.
Procedure
Procedure for adopting a wife's child:
- The applicant applies to the guardianship and trusteeship authority to go through the procedure of adopting a child from his wife’s first marriage.
- Obtaining permission that the applicant has the right to adopt his minor wife.
- After receiving permission, he applies to the government agency at his place of residence.
- If the birth mother and the future father are registered at different addresses, then you need to contact each institution separately.
- 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.
When adopting a child resulting from a previous marriage
If the current spouse expresses a desire to register children from a previous marriage, then this is possible in the following situations:
- The second parent died. Then you need to submit all the documents described above to the court, not forgetting to obtain the legal consent of your current spouse. When it comes to a single mother, this process can be carried out either in a general manner or by establishing paternity.
- If the other parent is alive, then his consent to the adoption will need to be provided in court, and a positive decision is possible when he voluntarily renounces his rights to the baby.
Important! If parental rights are deprived, consent to adoption from the previous spouse is not required.