Nowadays, a fairly large number of marriages end in divorce, and children born in marriage remain under the guardianship of one of the parents by court decision.
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Most often, children remain with their mothers, who after a while can get married again.
In such a situation, the new husband can become either the official guardian of the child or adopt him, which will equate his rights to the child with those of the father.
Let's take a closer look at the procedure for adopting a wife's child.
Of course, there are also single fathers in society. If a wife wants to adopt her husband’s child from a previous marriage, then the conditions and procedure will be similar.
Conditions
After the marriage is registered, the spouse becomes a stepfather in relation to the wife's children, which gives him the right to subsequent adoption. A stepfather, as a rule, fulfills the duties of a father towards the children, but does not have full parental rights.
Adopting a wife's child is much simpler than in a situation where children are adopted from a maternity hospital or orphanage, but despite this, the procedure will be quite lengthy and labor-intensive.
It is worth noting that the stepfather receives the right to adopt a child only if the marriage is officially registered.
If a couple is simply cohabiting (living in a civil marriage), then the man is not granted the right to adopt.
Guardianship and trusteeship authorities deal with adoption issues
To adopt a child by a stepfather, the following conditions must be met:
- stepfather's desire;
- consent of the child’s father, if he retains parental rights;
- consent of the child's mother;
- compliance of the stepfather with the requirements set by law for candidates for adoption.
It is worth noting that in order to adopt a wife’s child who is already 10 years old, the consent of the child himself will also be required.
Issues of adoption and guardianship are dealt with by the guardianship and trusteeship authorities, but only the court can appoint the child’s stepfather as the legal father.
The legislative framework
The procedure and conditions for the adoption of children are regulated by law and prescribed by the nineteenth chapter of the Family Code of the Russian Federation, as well as by Government Decree No. 275.
If a Russian citizen marries a citizen of another state with a child (also a citizen of another state), then the conditions and procedure for adoption are regulated by the Federal Law “On Citizenship of the Russian Federation” dated May 31, 2002, number 62-FZ.
Adoption of wife's child
Let's take a closer look at the features of the procedure for adopting a wife's child in the most common situations.
Single mothers
A fairly large number of mothers raise children on their own, without contact with the biological father and without financial assistance from him.
Single mothers are considered to be women who raise children whose father has died or is missing.
In such a situation, the spouse has the right to adopt a child without the consent of the biological father.
From first marriage
When adopting a wife's child from a previous marriage, the father's paternity rights play a very important role. If the child's father is alive and has not been deprived of parental rights, then his consent will be required.
With a living father
It is possible to adopt a wife's child while the father is alive only with his consent if the father has not been deprived or has not voluntarily renounced parental rights.
A sample of the biological father's consent to adopt a child is here.
Reasons for refusal
There are not many reasons for refusal. But if the father suffers from alcoholism or drug addiction, then most likely the court will refuse the adoption.
The future father also undergoes a medical examination.
If the child’s biological father still participates in the child’s life, then written consent will also be required. But if he refuses, then this will be considered a reason for refusal.
In other words, only completely healthy men who can provide for their family can become adoptive parents. But the father’s income alone does not have to allow him to feed the whole family. The total income of the spouse is taken.
A negative answer can be heard by men who do not have a fixed place of residence.
Find out if a single mother with a child under 14 can lay off their job. What is a single mother with one child supposed to do? Information here.
How much is the benefit for a single mother? Details in this article.
Citizens with a criminal record, disabled or disabled may receive a negative answer.
Adoption can only be carried out on a minor child. The law stipulates that the age difference between parents and child must be 16 years.
But most often, the court agrees to meet the parent and approves the application for adoption.
Registration procedure
The process of adopting a wife's child in 2020 is quite lengthy. First, the stepfather will need to obtain permission from the father, who will have to fill out an application on a special form and have it notarized.
Next, the stepfather will have to prepare a whole series of documents, a list of which we will consider in more detail, and submit them along with the permission of the father and mother, as well as an application to the guardianship and trusteeship authorities at the child’s place of residence to obtain permission to adopt.
In most cases, the guardianship authorities without any problems give permission for the stepfather to adopt the wife’s child.
In such a situation, the identity of the adoptive parent is not subject to significant checks, but at the stage of the court hearing, the identity of the adoptive parent will be considered more carefully.
The features of the court hearing on adoption issues will be discussed further.
If the guardianship authorities have approved this procedure, then the documents are submitted to the court, where during the hearing the possibility of appointing the stepfather as the legal father of the child is considered.
After reviewing the application and documents, guardianship officials can come to the family’s home at their place of residence to check living conditions and family relationships.
Find out what it takes to adopt. What are the procedure and conditions for adoption? See here.
Package of documents
Let's look at what documents are needed to adopt a wife's child.
A stepfather who has decided to adopt his wife’s child should prepare for the fact that he will have to spend a lot of time preparing all the necessary documents, so he should be patient and plan his own time, since the preparation of some documents may take more than one day.
To adopt a child, the wife will need to provide the court and guardianship authorities with the following documents:
- health certificate in form 164/у-96 (to obtain, you need to undergo a medical commission);
- certificate of no criminal record;
- characteristics from the place of work;
- certificate in form 2-NDFL (about the amount of income);
- autobiography;
- if the stepfather has real estate, then documents confirming the fact of ownership are needed;
- a document confirming the joint residence of the stepfather with the child (extract from the house register).
These documents will be needed both at the stage of submitting an application to the guardianship and trusteeship authorities, and when submitting documents to the court. Some regions may require additional documents.
Sample autobiography here
A sample description from the place of work is here.
Agreement
To adopt a child who has a living biological father who retains paternity rights, the father's consent is required. Also, the adoption of children over 10 years old occurs only with their consent.
A sample of a child's consent to adoption is here.
Why are adoptions denied in 2019?
Adoption will be denied if it is found that the future father:
- suffers from alcohol or drug addiction,
- did not provide a certificate from a medical institution regarding health status,
- does not have a permanent place of residence,
- with a criminal record.
If the applicant for paternity nevertheless takes an active part in the life of the child, his consent, formalized in writing, will be required. But if consent cannot be obtained, it will not be possible to adopt the baby.
What if the biological father does not agree?
It is almost impossible to adopt a child who has a biological father who has not been deprived of parental rights without his consent.
If the father consistently pays child support, sees the child and takes part in his upbringing, then the stepfather will not be able to become the official father of the child.
If the father pays child support by court order, refusing to pay it voluntarily, and also does not see the child for more than 6 months, then there is a chance to convince the court that adoption by the stepfather will be favorable for the child. In such a situation, a positive court decision is possible.
Will the mother still have the status of a single parent?
After the new spouse adopts the child, the status will be invalid. The child will have a father who will be listed on the birth certificate.
Accordingly, the man will have all the responsibilities of a real dad.
After the court decision is received in hand, the further procedure is formalized through the registry office . This is where changes are made to the child’s document.
Single mother: who is considered by law and up to what age of the child.
Statement of claim
After receiving permission to adopt the wife's child from the guardianship and trusteeship authorities, it is necessary to submit the documents to the court of the child's place of residence along with the statement of claim.
In the application, the stepfather must ask the court to appoint him as the official adoptive parent of the child, as well as to recognize the change in surname and give the right to include estates in the child’s official documents (the second and third points are not required).
A sample statement of claim for the adoption of a wife's child by a stepfather is here .
Terms of consideration
Since the court must carefully examine the possibility of adoption of a child by a stepfather, the time frame for consideration of the claim is not established by law.
First, a preliminary hearing is scheduled, during which the judge examines the documents provided and assesses the need to bring witnesses to the hearing.
At the preliminary hearing, the date of the main hearing is set, at which a representative of the guardianship authorities, the stepfather, the prosecutor and the mother of the child must be present.
The court's decision
The court decision comes into force 10 days after the hearing.
From this moment, within 3 days, the court transmits the information to the registry office, where parents can receive documents (child’s birth certificate, their own passports) with the changes made.
The procedure for the adoption of children is regulated by current legislation. What is the procedure for adopting a child from an orphanage? Information here.
What is the lump sum benefit for adopting a child in 2020? Details in this article.
Reasons for refusal
The court may refuse adoption for several reasons:
- stepfather’s failure to meet the requirements for adoptive parents;
- disagreement of the child's biological father;
- disagreement of the child if he is over 10 years old;
- disagreement of the guardianship authorities or the court that the fact of adoption will be favorable for the child.
General information
You can become a single mother immediately after the birth of your baby. If the child's biological father renounces his obligations and paternity, then a dash can be placed on the birth certificate or the name can be written down according to the mother's words. Then she is assigned the status of a single mother, and she receives a certificate in Form 25.
It is this certificate that allows you to obtain the right to additional benefits and subsidies.
It is now proposed to receive tax deductions in a slightly larger amount than was originally the case. Additionally, single mothers can count on priority enrollment of their child in preschool and school institutions.
Moreover, a 50% discount on preschool fees is given. You can receive all educational literature and a full lunch at school for free. A single mother also receives additional concessions at work. Including additional vacation, days, 100% sick pay.
She cannot be fired at the initiative of the employer, and the reduction occurs with the payment of a subsidy or simply transfer to another department.
She has the right to refuse to work at night, overtime, and holidays. May refuse to go on a business trip.
