Cancellation of adoption grounds order legal consequences. Statement of claim for cancellation of adoption

Contact the court or the guardianship authority with an application to cancel the adoption. Please attach a copy of your adoption document, a copy of your passport and a copy of your birth certificate to your application. baby. In addition, other documents (for example, a medical report) may be needed. In the event of a divorce, one of the spouses may apply to cancel the adoption if there are grounds for this. The consent of the other spouse to cancel the adoption can play a positive role in making a court decision.

Seek the help of a qualified lawyer who has experience in such cases. He will help collect necessary evidence, which will increase your chances of canceling the adoption. If the court satisfies your application, then within three days an extract from the court decision will be sent to the registry office, where the cancellation of the adoption will be registered. Wherein to kid may be assigned another surname and patronymic, or these data will remain unchanged at the discretion of the court and at will baby.

IN judicial procedure unscrupulous parents are deprived of parental rights to protect, first of all, the rights and interests of the child. Can parents voluntarily refuse? parental rights, and how?

Instructions

The peculiarity of parental rights lies in the fact that in essence these rights are simultaneously the responsibilities of parents: upbringing, education in educational establishments and child support. Therefore, current legislation does not allow any waiver of parental rights, but provides for the possibility of deprivation or limitation thereof, as a type of family legal responsibility, if parents fail to fulfill their duties.

At the same time, in some situations, actions of parents that terminate their parental rights and responsibilities can be considered as a waiver of parental rights. In particular, parents actually waive their rights and responsibilities by giving consent to child adoption strangers people. However, it cannot be considered that they are deprived of parental rights as a measure of responsibility. A refusal of parental rights may also be considered a waiver mothers take newborn from maternity hospital.

If you want to adopt your spouse's child, the other parent's parental rights must be terminated. First, determine whether the other parent fulfills parental responsibilities in good faith: pays alimony, helps in matters of upbringing and education of the child, and ask if he is registered with a drug treatment clinic, if he has been involved to criminal or administrative liability. Talk to this parent and ask him a question about his consent to adoption you his child. If you agree, then ask him to formalize the waiver of parental rights by writing a statement of consent to the adoption of the child and having it certified by a notary.

Apply to the court for adoption of the child. Please attach certificates about your health status and size to your application. wages and no criminal record, as well as a statement from the child’s parent about consent to adoption, which expresses a waiver of parental rights, and a statement from the spouse about consent to your adoption of his child.

If the second parent does not agree to the adoption of his child, then he will have to address to the court so that the court first deprives him of parental rights if there are grounds, and then the child is adopted.

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You can refuse to testify if you have the status of an accused, suspect, or defendant in criminal proceedings. A witness also has a similar right, but only when it comes to testifying against himself, his spouse, or close relatives.

As a general rule, any participant in criminal proceedings is required to testify to the competent authorities, and refusal to provide relevant information is grounds for prosecution. However, the current criminal procedure legislation provides for several exceptions in which certain categories of persons may refuse to testify. Sometimes such a refusal is general; in other cases, a person refuses to talk about strictly defined circumstances, which cannot entail any punishment.

Possibility of complete refusal to testify

The only participant in criminal proceedings can completely refuse to testify - the person against whom the investigation or trial is being conducted. At different stages of a criminal case, this participant may be called a suspect, accused, or defendant, but in all cases he has the corresponding right. Code of Criminal Procedure Russian Federation specifically provides for a mandatory warning to such a person that the information voiced by him can be used to confirm significant circumstances in a criminal case. However, subsequent refusal of such testimony will not entail its automatic cancellation.

Special cases of refusal to testify

Other participants in criminal proceedings may also refuse to testify in certain circumstances. In particular, such a right is granted

Article 141. Grounds for canceling the adoption of a child

1. Cancellation of adoption is permitted only in cases where adoption ceases to meet the interests of the child. In 2006 and 2007 in Russia, more than 1 thousand decisions on the placement of children in families of Russian citizens were canceled due to the failure of adoptive parents, guardians, and foster parents to fulfill their responsibilities for the maintenance and upbringing of children, more than 30 because of child abuse. Over 2.5 thousand decisions to place a child in a family were canceled on the initiative of foster parents in 2006 and over 3 thousand in 2007. In 2007, 3,569 cases of child abuse were identified, 93 adoptive parents were brought to criminal liability, guardian*(340).

The following may be recognized as grounds for cancellation of adoption: firstly, the evasion of the adoptive parents from fulfilling their parental responsibilities; secondly, abuse of parental rights by adoptive parents; thirdly, the cruel treatment of adoptive parents with adopted child; fourthly, the adoptive parents have chronic alcoholism or drug addiction. In essence, we are talking about the guilty behavior of the adoptive parents, contrary to the interests of adopted child, about their improper performance of parental responsibilities in raising a child. The guilt of the adoptive parent occurs even when the basis for the cancellation was one of the diseases ascertained by a medical report - chronic alcoholism or drug addiction, since the person deliberately brought himself to such a state. These circumstances are grounds for depriving parents of parental rights (see commentary to Article 69 of the RF IC). Adoptive parents cannot be deprived of parental rights; in case of their guilty behavior, it is possible to demand the cancellation of adoption, since adoption relations arise on the basis of a special legal act - a court decision on adoption, and adopted children and their relatives are legally equal in relation to the adopted child and his offspring in parental rights. If circumstances are established that indicate guilty behavior of the adoptive parents that is contrary to the interests of the child, the court makes a decision to cancel the adoption.

If, when considering a case to cancel the adoption of a child, the court discovers in the actions of a party, official or other person signs of crimes provided for in Chapter. 20 of the Criminal Code of the Russian Federation, based on Part 3 of Art. 226 of the Code of Civil Procedure of the Russian Federation, informs the prosecutor about this to resolve the issue of initiating a criminal case (clause 24 of the resolution of the Plenum of the Supreme Court of the Russian Federation of April 20, 2006 No. 8).

2. Based on the interests of the child and taking into account the child’s opinion, the court has the right to cancel the adoption on other grounds. These may be various circumstances that arise either through the fault of the adoptive parents or in the absence of their guilty behavior, but affecting the interests of the child. Clause 2 of the commented article does not even provide an approximate list of “other” grounds for canceling an adoption in the interests of an adopted child, which also distinguishes the cancellation of the adoption of a child from deprivation of parental rights (the list of grounds for deprivation of parental rights given in Article 69 of the RF IC is closed).

The decision to cancel the adoption is made by the court taking into account the child’s opinion, provided that it does not contradict his interests. Often, persons who have adopted the children of their spouse (stepsons, stepdaughters) and subsequently divorced the mother (father) of the adopted child apply with a request to cancel the adoption. However, a change in the relationship of the adoptive parent with the child’s parent cannot be an unconditional basis for canceling the adoption, since the adoptive parent assumes responsibilities to the adopted child, and not to his mother or father. There is no doubt that in some cases, raising the issue of canceling the adoption of a child by a stepfather (stepmother) is caused by objective circumstances: the mother (father) of the child prevents the adoptive parent from participating in raising the child, communicating with him, citing re-marriage, creation new family, and, despite this, requires the adoptive parent to pay alimony. A situation is possible when the relationship between the child and the adoptive parents (adoptive parent) did not develop as a result of other objective reasons, when the child remembers his parents, relatives, misses them, does not perceive the adoptive parent as a parent, friend, teacher, and is unkind to members of the adoptive parent’s family. It is possible to raise the issue of canceling adoption even when there are significant deviations in the behavior and development of the child, the child suffers from a serious hereditary disease, etc. The court's decision on a claim to cancel the adoption of a child in such a situation will depend on the conclusion of the guardianship and trusteeship authority, as well as on the court's determination of the factual circumstances of the case, in particular, whether the applicant knew about such a hereditary or other serious illness before adopting the child. The conclusion of the guardianship and trusteeship authority may contain recommendations to cancel or maintain the adoption. If the court comes to the conclusion that the cancellation of adoption, even under such circumstances, is contrary to the interests of the child and that there is a chance to improve and improve the relationship between the adopted child and the adoptive parent, the claim to cancel the adoption may be denied. The interests of the child are, figuratively speaking, the litmus test that is designed to provide the adopted child with a full-fledged family upbringing, capable of giving a start to the comprehensive development of his personality as a member of society. At the same time, taking into account the interests of the child is impossible without a deep analysis of the actual life of the child in the adoptive family.

In cases where the adoptive parents did not know about the presence of a hereditary disease in the child or when a hereditary disease was discovered after adoption, the court may make a positive decision on the claim of the adoptive parents. The court also takes into account the conclusion of the guardianship and trusteeship authority on the advisability of canceling the adoption, for example, due to the need for long-term treatment or the child’s permanent stay in a special type of inpatient medical institution.

So, the list of grounds for canceling adoption is open. The court may cancel the adoption for other reasons, for example, as a result of serious illness, deterioration of financial situation, significant change marital status the adoptive parent, as well as when normal relations between the adoptive parent and the adopted child have not actually developed due to circumstances beyond the adoptive parent’s control, in cases where there is no guilty behavior of the adoptive parent(s). Such circumstances, in particular, include the lack of mutual understanding between the adoptive parent and the adopted child, when the adoptive parent does not enjoy authority with the child; inability to create a friendly family atmosphere when the child does not feel like a member of the adoptive family. The court has the right to cancel the adoption in the listed cases based on the interests of the child and taking into account the opinion of the child himself, who has reached the age of 10 years.