These are the basic requirement of the law for domestic adoption that equally apply for international adoption programs with a specific compliance set forth for international adoptive parents. It is interesting to know to understand but without professional legal assistance do not venture out on your own. Same rules shall apply to all adoptive parents when they look at another former Soviet republic of Ukraine, see in details for Ukraine Adoption information, links and resources with professional adoption agencies with reputable names.
Adoption of a child is possible only in a judicial proceeding under articles 125-139 Family code of the Russian Federation according to the rules of Chapter 29 of the civil procedural code. The adoption process , we suggest always to consult professional adoption agencies to recieve the guidance and advice, but generally includes the following steps:
statement on the account in guardianship as candidates for adoptive parents to obtain a conclusion about possibility to be adoptive parents that includes a survey of living conditions of adoptive parents;
contact with the child, deciding who you want to adopt;
the collection of the necessary documents to appeal to the court with the application for adoption;
an appeal to the court, the proceedings in court, which ends with a decision;
registration of adoption in registry offices, obtaining certificate of adoption.
The procedure for applying to the guardianship and the list of required documents is described in detail in the Rules of transfer of children on adoption (appr. The resolution of the Government of the Russian Federation from March, 29th, 2000 N 275). In the survey of living conditions of prospective adoptive parents, the guardianship authority evaluates living conditions, personal qualities and motives of the applicant, the ability of his educating the child, relations among family members of the applicant.
What are the requirements for adoptive parents?
The law does not define the list of persons having the right to adoption, however, the meaning of the rules establishing the order of adoption, adoptive parents may be persons with the qualities needed for the implementation of the education and comprehensive development of the child’s personality, preparing him for an independent life in the future. According to article 127 of the family code, adoptive parents can be adult persons of either sex, except:
the persons recognized by court incapable or partially capable;
spouses, one of whom is recognized by court as incapable or partially capable;
persons deprived by court of parental rights or limited by court in the parent rights;
persons, removed from duties of care (Trustee) for inadequate performance of duties;
former adoptive parents if adoption is cancelled by court on their fault;
persons who for health reasons can’t adopt a child (see Government Decree of the Russian Federation of 14.02.2013 N 117 “About approval of the list of diseases at which presence the person can not adopt (adopt) a child”, the order of the MoH of Russia from 18.06.2014 n N “On approval of the Procedure of medical examination of citizens, intending to adopt to (adopt) a child”);
persons who at the time of establishment of adoption have no income providing for the adopted child subsistence minimum, established in the subject of the Russian Federation on the territory of which such persons reside;
persons not having permanent place of residence;
persons having or having a criminal record, exposed or subjected to criminal prosecution on a number of articles of the criminal code;
failed psycho-pedagogical and legal training of persons wishing to adopt a child (see Rules of selection, accounting and the preparation of citizens, approved. The resolution of the Government of the Russian Federation of 18 may 2009 g. N 423);
persons in Union concluded between persons of the same sex, recognized as marriage and registered in accordance with the laws of the state in which such marriage is allowed, and persons who are citizens of specified States and unmarried.
As adoption procedures are dealt with in court?
Cases on adoption of the child by citizens of the Russian Federation under the jurisdiction of the district courts at the place of residence or location of the child (paragraph 1 of article 269 of the civil procedural code). The form and content of the application for adoption must meet the requirements of articles 131, 270 of civil procedure code. The statement includes information about the adoptive parents, adoptive children about their brothers and sisters, about their parents, asking about possible changes in Assembly record about the birth of the adopted children, as well as the circumstances proving the request of adoptive parents and supporting evidence. Along with the application, the other documents, the list of which is given in article 271 of the civil procedural code. The application for adoption is not paid the stamp duty (PP. 14 section 1 of article 333.36 of the tax code).
The application for adoption is considered in special proceedings in the closed judicial session with obligatory participation of adoptive fathers (adoptive father), representatives of the guardianship, the Prosecutor, the child, under the age of 14 years, and in necessary cases, parents, other stakeholders and the child aged 10 to 14 years (article 273 of the civil procedure code, see also clauses 3 and 4 of the Resolution of Plenum of VS Russian Federation from April, 20th, 2006 N 8). In preparation for trial, the judge should request from the guardianship authority at the place of residence (spent) baby conclusion about the validity of the adoption and its correspondence to the interests of the adopted child with information about the fact of personal communication of the adoptive parents (adopter) with the adopted child (part 1 of article 272 of the civil procedural code, section 2 of article 125 of the RF IC).
- taken from open sources