Consent to the adoption of a child by another person: sample 2020, Art. 129 IC RF

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It's free. To the Director (Chief Doctor) ______________________________________________ (name of the medical institution, institution for orphans and children left without parental care) ________________________________________ (full name of the head of the institution) dated _________________________________________________ (full name, date of birth, place of residence, registration (date and address), passport (number, series, by whom and when issued), marital status, relationship with the child (mother, father)) Application for consent to the adoption of a child I, ________________________________________________________________________________, (F. I.O.) I give consent to the adoption of my child ____________________ _________________________________________________________________________, (full name of the child) born on “__” ______________________ 200_ in the maternity hospital (other medical and preventive institution) _____________________________________. (name of locality) I trust the choice of adoptive parents to the guardianship and trusteeship authorities. I will not have any complaints against the guardianship and trusteeship authorities regarding the selection of adoptive parents. The legal consequences of placing a child for adoption have been explained to me. Information about yourself: height _______ cm, hair color ________, eye color ___________, nationality ____________________________________, profession ____________ (indicated with the consent of the applicant) ________________________________________________________________________________, (indicated with the consent of the applicant) registered as (cross out unnecessary) dermatovenerological status (not a member) I am a member (I am not a member) of a psychoneurological dispensary I am a member (I am not a member) Information about the other parent of the child (indicated with the consent of the applicant): ___________________________________________________________________________ (Full name) height _____ cm, hair color _______, eye color ______, nationality ______, profession ________________________________________________________________, registered in (cross out unnecessary) dermatovenerological (not a member, unknown) psychoneurological (not a member, unknown) drug treatment clinics (not a member, unknown) This statement was written by me voluntarily. Signature _______________ Date __________________ Signature gr. ____________________________________ and I certify the passport details. (F.I.O.) Head of the institution ________________ ___________________ (signature) (F.I.O.) M.P.

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Where to contact

To adopt a specific child, citizens of the Russian Federation need:

Visit the guardianship and trusteeship authority at your place of residence. Take the list of required documents and express your desire.
Prepare the necessary documents for the court. This process usually takes a long time, and it is advisable to use the services of an attorney or law firm. Sometimes the court requires documents in several copies.
Before submitting all documents, you must select the child you want to adopt.
The trial itself.
After the court agrees to adoption, the most difficult stage begins: the preparation of all documents for the new family member.

Thus, adoption is a complex process that requires effort, time and desire.

Consent of the other spouse to adoption

Therefore, before obtaining the right to adopt, you need to study the legal aspects regarding the requirements for the adoptive parent.

This means that the court will grant your request only if you can prove that the child’s own father has not appeared in the child’s life for more than six months and there are no visible, objective and valid reasons for such a parent’s absence.”

The father may agree to the adoption of a minor by any other person or transfer his rights to a specific person, for example, a stepfather. In the latter case, he will have practically no chance to abandon his decision.

As a rule, at least a month passes from the moment of filing the application to the first meeting. During this time, the guardianship officers involved in the case conduct an inspection of the apartment at the child’s place of residence, talk with the prospective adoptive parent and provide the court with a ready-made reasoned conclusion.

If there is no notarized consent, the biological father must appear in person at the hearing and confirm that he agrees to the adoption.

In this case, the child’s details are indicated. Indicate the gender of the child being adopted (girl, boy, or does not matter).

According to the current legislation on adoption, a stepfather must have the following circumstances to become a father:

have a personal desire to become a father to his wife’s children from a previous marriage;
correspond to a certain age category. By law, the stepfather must be at least 16 years older than the minor;
have written approval from both biological parents of the baby. Therefore, it is required to obtain consent for adoption not only from the wife, but also from her ex-husband, who is the blood father of her child. If this woman is a single mother, then the father’s consent is not needed;
the stepfather must not have a criminal record;
the future father must have his own housing that meets the sanitary standards provided for by Russian laws;
he must have a stable official income, since its presence will indicate that he is financially capable of becoming the official guardian for a minor.

In order for a man to adopt his wife’s child from his first marriage, he needs to contact a guardianship and trusteeship institution. In general, the entire procedure for adopting a spouse’s child is as follows:

the man obtains the consent of his wife to carry out the adoption procedure;
he collects a package of necessary documentation;
fills out an application;
submits the collected acts to the guardianship organization;
expects approval from authorized persons to take the child under his or her care;
with the permission received from the competent authority, he applies to a special government agency located at his place of residence. When a husband and wife are officially registered at different address points, they should apply twice to both authorities.

In the first case, they actually confirm the parental rights to the child, in the second case, on the contrary, they refuse to assume the functions of being a foster parent to an adopted child.

The adoption of children by foreign citizens or stateless persons is permitted only in cases where it is not possible to transfer these children for upbringing to families of citizens of the Russian Federation permanently residing in the territory of the Russian Federation, or for adoption to relatives of the children, regardless of the citizenship and place of residence of these relatives. How to adopt a child?

Borrowing money is a phenomenon that is quite characteristic and widespread in modern society. It would be legally correct to issue a loan with subsequent documented repayment of funds.

Adoption of a child is a form of placement for a child left without the care of one or both parents, in which family relations are legally formalized between the adopted child and the adoptive parent.

The procedure for adopting a spouse's child has some peculiarities. Let us consider in detail the most common situations.

There may also be cases when it is inappropriate to demand such a document from the child’s relatives. This can be either the adoption of a child without the consent of a parent with limited legal capacity, or a missing person or someone deprived of parental rights.

The adoption procedure takes place according to the scheme provided by law, in accordance with all the nuances. You can become a father to your wife’s child from your first marriage only in a registered marriage with the mother of this child.

Requirements for an adoptive parent

Despite the fact that the spouse of the child's mother does not have to take adoption courses if he wants to become the father of the child, he must still pass a medical commission, because family law limits the possibility of adoption in the presence of certain diseases.

Adoption is possible only if there are legally defined grounds:

The immediate desire of the child's stepfather to be adopted.
Full compliance of the stepfather with all legal requirements for adoptive parents.
Consent of the child's mother to the procedure.
Consent of the child's father to the transfer of parental rights.

The adoption of a child by the cohabitant of the mother of a minor is not allowed; the relationship between the stepfather and mother must be registered with the civil registry office.

Before immediately starting the procedure for transferring parental rights, the adoptive parent must undergo a medical examination from specialists and obtain the appropriate conclusion:

therapist;
psychiatrist;
expert in narcology;
neurologist;
phthisiatrician;
infectious disease specialist;
oncologist;
dermatologist;
venereologist.

These doctors can diagnose diseases that interfere with the adoption procedure. In the absence of a medical certificate, adoption is impossible.

Taking into account the child’s opinion when adopting a stepfather

If a stepfather wants to adopt a child, then in this case the mandatory consent of the biological father (if he is alive) may be required. This is necessary when the natural father fulfills his obligations to the minor.

For example, he regularly pays child support and takes an active part in raising the child. Registration is impossible without the mandatory consent of a biological relative.

To ensure the interests and rights of a minor to carry out the adoption, it is necessary to obtain the consent of the child. This is stated in Article 12 of the Convention on the Rights of the Child. The consent form must necessarily correspond to his age category and health status.

In this case, the minor must give consent not to the adoption in general, but to the adoption by a specific citizen. In this case we are talking about the husband of the mother. Due to circumstances, many couples break up and end up having children together. For example, after a divorce, a woman built a new relationship and got married a second time.

The newly made spouse gets along with the child and takes care of him. He decides to officially adopt the baby

In such a situation, the court will take into account the fact that the minor has already communicated with this person, he trusts him, sympathizes with him, and also, importantly, has found a common language with him

If the child has not yet reached the appropriate age and level of development at which he can express his personal opinion and attitude towards the adoptive parent, then his consent is not mandatory.

Cases when parental consent for adoption is not required

For the adoption of children left without parents, priority is given to other options for placing such children: taking them into guardianship or guardianship, raising them with a family, sending children to orphanages, orphanages, and specialized medical institutions.

Only minors can be adopted, regardless of their health status.

The decision to adopt a child(ren) is made voluntarily. Therefore, if a person who wants to adopt a child goes through the entire prescribed procedure, the fact of adoption is established by a court decision. If material well-being, health, and living conditions meet all the standards used to verify the possibility of adoption and taking a child into care and upbringing, potential parents have the right to independently choose a candidate for adoption.

The basic requirements for adoption, the procedure for carrying out the adoption procedure itself, are regulated by the norms of family law in our country.

Once a child is adopted, any relationship between the adopted child and his biological parents and other relatives is legally terminated. That is, both adopted children and his blood relatives are released and are automatically released from all property and non-property obligations. Persons adopting children are subject to a number of mandatory requirements for obtaining permission to adopt:

adoptive parents must be over 18 years of age; the age difference with the child being adopted must exceed 16 years (an exception is only in cases where a child from the first marriage of the second spouse is adopted by the spouse); potential parents should not be marked by an unfair attitude towards raising children: they were deprived of parental rights to children, were removed from guardianship due to an inappropriate attitude towards the assigned responsibilities in relation to children in care; persons who have been subject to criminal punishment and imprisonment for causing harm to health and threatening the lives of people also cannot raise children; Attention is also paid to the health status of the adoptive parents. An unconditional obstacle to permission to adopt will be the presence of: oncological diseases, tuberculosis, mental illness... If all these requirements for adoptive parents are met, in order to resolve the issue on the merits it is necessary to obtain a number of documents:

When fulfilling all these requirements for adoptive parents, to resolve the issue on its merits, it is necessary to obtain a number of documents:

a statement of consent of the second spouse, certified by a notary, if the adoption is carried out by a married couple;
written or oral consent of the child’s parents at a court hearing;
consent of the guardianship council, after examining the standard of living and other criteria for the possibility of maintaining and living the child;
consent of the head of the children's or medical institution where the child who is going to be adopted lives;
consent of the child himself, if he is ten years old at the time of adoption.

The question arises: is it possible to adopt a child without parental consent? To consider a case in court, parental consent is not required, according to the Family Code, if:

the location of the blood parents is unknown;
there is a court decision recognizing the biological parents as missing or dead;
due to mental illness, people are recognized as partially or completely incompetent;
completely removed themselves from supporting the child for more than six months.

Let us consider cases when a child is adopted without parental consent in more detail.

Parents declared missing

As noted earlier, in order to adopt a child, the consent of his biological parents is required. One of the exceptions to this rule for registering adoption is the unknown absence of parents and the impossibility of obtaining consent from them.

A person is declared missing in action in court in cases where there is no information about him and the place where he may be in his last known location (residence) for more than a year.

If it is impossible to clarify the date when the latest information about the missing was received, the beginning of the period for declaring missing is considered to be the beginning of the new month after receiving news from him.

If it is not possible to clarify the month when news was last received, consider the period of disappearance from January 1 of the new year.

Who and who can adopt: legislation

As mentioned earlier, adoption is allowed only in relation to a minor child left without parental care. This happens in several situations (Article 130 of the RF IC):

Both parents have died, are declared missing, or have given consent to adoption;
The minor's background is unknown;
Deprived of parental rights or declared incompetent.

In the above cases, parental consent is not required for obvious reasons. In other situations, consent to adoption is required (Article 129 of the RF IC). If a minor child is being adopted, permission must be sought from their guardians, or, if there are none, from the guardianship authorities. Consent can be withdrawn before a court decision is made. After this, the adoption can be challenged in court.

Note! If only one parent has died, been declared missing, or been deprived of parental rights, adoption is not permitted. The child remains with the remaining mother or father

Requirements for adoptive parents

Only citizens who have reached the age of majority and meet the established requirements can adopt a child into a family:

Requirements for an adoptive parent:

Full legal capacity;
Absence of a court decision on deprivation or restriction of parental rights;
Availability of a permanent source of income sufficient to provide adequate support for all family members, including the child;
Availability of permanent residence;
No criminal record;
Good health, absence of diseases for which adoption is not permitted;
There is a minimum 16 year age difference between the unmarried adoptive parent and the child being adopted. In some cases, the court has the right to deviate from this principle (Article 128 of the RF IC).

Priority is given to married couples, close relatives of minors, as well as stepmothers and stepfathers of children if one parent has died and the other is considered incompetent or missing, or has been deprived of parental rights. In other cases, the consent of the other parent will be required.

Requirements for the standard of living of adoptive parents

According to the law, the total income of the adoptive parent or one of them must be enough for all family members in the amount of one subsistence minimum (SL) for each person. The PM level is set independently by regional authorities.

When calculating the amount of monthly income, salary, pension, fees, business profits are taken into account, with the exception of the following payments:

unemployment benefit;
compensation for rehabilitation and treatment;
subsidies for utility bills;
benefits for the poor.

Case study:

In the city of N, the minimum allowance for an adult at the time of the adoptive parent’s application is 12,000 rubles, for a child – 10,000 rubles. In total, taking into account the potential adoption, it turns out that spouses should earn from 32,000 rubles. In total.

Important! If you have consumer loans or a mortgage, this actually reduces your total income - you have to make mandatory payments. But the presence of debt obligations to banks does not affect the decision of the guardianship authorities on the possibility of adoption by you

They do not have access to the BKI; therefore, they cannot obtain information about loans and do not have the right to request it.

When is adoption not allowed?

Persons listed in Art. 127 RF IC:

partially incapacitated or incapacitated;
former adoptive parents, if the adoption decision was canceled due to their fault;
spouses, if one of them is declared incompetent or partially capable;
deprived or limited in parental rights;
former guardians removed for failure to perform their duties;
citizens with serious illnesses;
persons whose income does not cover the subsistence level for each family member, including the child;
having a criminal record for crimes against human life and health, sexual integrity, and other grave and especially grave crimes;
those who have not completed adoption school, with the exception of close relatives of the minor, they do not need it;
citizens in same-sex marriage.

If you live with a person in an unregistered marriage and want to adopt a child, this will not work. Only one of you can draw up documents for it.

Application processing time

Due to the fact that the court is obliged to study all documents thoroughly, there are no specific deadlines for consideration.

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First, a first hearing is scheduled, during which the court examines in detail all the documents provided and decides on the need to attract witnesses.

Then a date is set for the main meeting, at which all participants in the process must be present.

These are: spouse, stepfather, child, prosecutor and guardianship representatives

As a result of the main meeting, a final decision is made on the possibility of adoption of the child by the stepfather.

When permission is not required

In addition, the abolition of guardianship is possible without the permission of the parents; for this there are special cases that are prescribed in the laws, namely:

violent relationship (beating, etc.);
child abuse in various forms (both physical and psychological);
moral humiliation of a child, sadism;
forcing a child to engage in antisocial behavior (encouraging smoking, alcoholism, inducing drug use, forcing begging);
cases of deprivation of parental rights even before adoption;
recognition of incapacity, death of parents, missing person, etc.

It should be noted that these special cases must be documented, so if anyone wants to take one of these circumstances into account when considering legal proceedings. Therefore, unproven facts are usually not taken into account. In addition, there may be witnesses to such acts. More often, the court takes the side of the younger one and, after depriving the parents of their rights, does not require their consent to further adoption; it will be considered automatically approved.

Is it possible to change the decision?

There are situations in which parents decide to withdraw their application, refusing permission to adopt. Is this possible? Current legislation allows you to change the decision before the relevant court ruling is issued.

If the court has already approved the adoption, but the parent changes the decision, then he will have to file a counterclaim. At the same time, there will be few opportunities to win the case, since the court in most cases does not intend to break up a newly created family. In addition, such a decision may entail negative consequences for the parent. To satisfy a claim, it must have compelling arguments:

desire to take a child to live together;
evidence that the child does not like being in the adoptive family, etc.

Therefore, in order to successfully adopt a child, a potential adoptive family needs appropriate consent from the child's natural parents. It is not difficult to complete, but for the application to come into force, it must be certified by an authorized person. Instead of written permission, parents may consent to the adoption orally through a court hearing.

Required items

In the upper right corner we write the name of the court to which the applicant is applying. Similar processes take place in the district courts at the plaintiff’s place of residence.

Information about the plaintiff (full name, registration address, passport details). Interested parties: mother, father, guardianship and trusteeship authorities in the city district, their addresses and telephone numbers.

Statement:

We describe the circumstances in connection with which the plaintiff wants to adopt a child, namely an official marriage with the mother. Here we indicate the mother’s full name, all the data about the child recorded in the birth certificate: full name, date of birth, place of residence, presence of relatives (brothers, sisters).
We indicate who the biological father is, his full name, and place of residence. We write that I never took care of my daughter/son and was not interested in her/his fate, did not show concern, did not take part in the child’s life.
We confirm the absence of conditions preventing adoption established by the legislation of the Russian Federation:
mental insanity and incapacity;
deprivation of parental rights, removal from custody of this or another child, the right to adoption revoked by the court;
presence of addictions (alcoholism, drug addiction);
lack of permanent residence and permanent income.
We write down a clause about the established positive relationship between the stepfather and the child:
- whether the child knows about the absence of family ties with the adoptive parent;
whether the child calls you father and how he feels about the future adoption.

If necessary, we submit a request to call witnesses to confirm the fact of good relations.

We express our desire to change the child’s surname and patronymic, if present.
Ask:
- change your full name to a new one (indicate);

We attach a package of documents (copies) to the application. We provide the originals directly to the court.

Didn't find the answer to your question? Find out,

How to get a new birth certificate?

To obtain a new birth certificate, you need to apply with a court order to the local civil registry office. A similar application is submitted there and a new birth certificate is issued within two weeks.

You need to attach the following package of documents:

applicant's passport;
past birth certificate;
Marriage certificate;
a court decision with a seal on the legality of the action.

The new birth certificate is no different from the old form. The father just fits in there. Accordingly, if the adoptive parent wants to change his last name to his own, then it will change there. But it is worth indicating this in the application. If desired, his nationality will be indicated.

After receiving a new birth certificate, the adoptive parent has the right to contact the passport office to make a mark.

In what cases is consent not required?

What if consent to adoption must be asked from legal representatives who are not involved in raising descendants? There are certain categories of citizens whose decision does not matter in the procedure for the adoption of their children:

The parents of the minor were declared missing by a court decision.
By a court decision, the mother and father of a minor citizen were declared completely incompetent.
The legal representatives of a minor are deprived of maternal and paternal rights.
The mother and father refuse to raise the dependent, do not live with him, do not communicate with the descendant, and do not provide for him financially for more than six months. And there are no good reasons for such actions.

If the parents of the minor are unknown, a document confirming their permission is also not required during the trial.

When is the consent of one legal representative sufficient?

There are situations when the court takes into account the decision of only one of the child’s legal representatives during adoption.

These include:

The child's father is unknown, but is listed on the birth certificate according to the mother.
The minor's father died.
The second parent renounces the child in writing and does not take part in his upbringing.

What if one of the parents disagrees?

The father is not required to give his permission for his child to be adopted. The legal representative has the right to refuse the adoptive parents and raise their descendants independently.

If the mother's new husband wants to adopt the baby, the permission of the natural father is required. The adoptive parent applies to the guardianship authorities with an application and the necessary documents. The mother must express her opinion, in writing or orally, at the court hearing. In this case, the woman must justify her decision, indicating why her children will be better off if they have a different father.

Sample mother's permission:

Mother's consent to adoption of her daughter by her husband

I, Lemesh Valentina Valentinovna, give my consent to the adoption of my daughter, Kutko Anastasia Egorovna, born July 3, 2008, living at the address: Tula, st. Dekabristov, 12, apt. 67, stepfather, citizen of the Russian Federation, Lemesh Evgeniy Igorevich, living at the same address.

The legal consequences of adopting a child were explained to me. I ask you to preserve my parental rights and responsibilities in full in relation to my daughter, Kutko A. E.

The consent is written voluntarily, signed in the presence of:

Notary, Egorenko Ilya Ilyich.

date

Mother's signature

Notary's signature

If the father does not consent to the adoption, the judge has the right not to satisfy the requirements of the adoptive parent.

Child's consent

The court takes into account the child’s consent to adoption if he is already 10 years old at the time of consideration of the case. A minor citizen who is under 10 years old cannot choose his new parents, but the court will definitely take his opinion into account.

The sample looks like this:

Statement

I, Sergey Ivanov, born September 12, 2002, give permission to Ilona Igorevna Mitrikova to adopt me. The legal consequences were explained to me.

date

Signature

Features of the application for permission

Written consent to the adoption of a child by another person must be given only after his birth. A sample permit can be provided by the trustee bodies.

The document must be certified by one of the government representatives:

Notary.
Director of the organization where the minor is kept (maternity hospital, orphanage, orphanage, special boarding school, etc.)
Guardianship authorities at the place of residence of the mother’s and (or) father’s relatives.
Guardianship authorities at the place of consideration of the adoption case.

Sample application for permission:

To the director of the Rostov orphanage

Viktyuk Elena Viktorovna

From Petrovskaya Evgenia Yurievna,

living at the address: Rostov, st. Lyubimova, 13, apt. 45, mother of the child.

Statement

about consent to adoption

I, Evgenia Yuryevna Petrovskaya, give my consent to the adoption of my daughter, Yulia Vasilievna Petrovskaya, born 08/12/2015. I trust the choice of adoptive parents to the guardianship and trusteeship authorities. I will not have any complaints against representatives of the guardianship authority and trustees regarding the choice of adoptive parents. The legal consequences of giving my daughter up for adoption have been explained to me.

date

Signature

Some samples may contain information about the appearance of the rejected parent (eye color, hair, height). The presence of mental or hereditary diseases in one of the parents or both is also indicated.

Natural parents can consent to adoption and have the right to withdraw their decision. The mother and father of a minor have this opportunity before the court makes a decision on the adoption of a citizen.

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