Adoption of husband's child. Tips for stepfathers on how to quickly and easily adopt their wife’s child from their first marriage

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I would like to adopt my wife’s daughter, please describe the procedure

Hello! My wife has a 12-year-old daughter from her first marriage. The child's father does not maintain any relationship with her. He only pays minimum alimony while hiding his income. I would like to adopt a girl (she won't mind). Please describe the procedure.

Lawyers' answers

Yuri Vladimirovich(02.10.2013 at 16:25:46)

In any case, this will have to be done in judicial procedure. It is optimal if the biological father gives his consent. Otherwise, you will also have to deprive the parental rights V. Technically, all this can be done quite quickly. Naturally, the guardianship authorities are involved in the matter. If the child is over 10 years old, his consent is required. Adoption is carried out by the court upon the application of the person(s) wishing to adopt the child. Adoption cases are considered by the court in a special proceeding according to the rules of civil procedural legislation. The adoption of children is subject to state registration as an act of civil status. The most important obstacle for you in this matter is the formal consent of the biological father. Everything else is standard bureaucratic procedures. If he doesn’t give his consent, he will have to study. Citizens Russian Federation Those wishing to adopt a child submit an application to the guardianship and trusteeship authority at their place of residence with a request to give an opinion on the possibility of becoming adoptive parents, attaching the following documents: a short autobiography; a certificate from the place of employment indicating the position and or a copy of the income statement; a copy of the financial personal account and an extract from the house (apartment) register from the place of residence or a document confirming the residential premises; a certificate from the internal affairs authorities confirming the absence of a criminal record for an intentional crime against the life or health of citizens; a medical report from a state or municipal health care institution on the health status of a person wishing to adopt a child, drawn up in the manner established by the Ministry of Health of the Russian Federation; a copy of the marriage certificate (if married). The documents listed in subparagraphs 2-4 are valid for a year from the date of issue, and a medical report on health status is valid for 3 months. A person applying for adoption must present a passport, and in cases provided for by the legislation of the Russian Federation, another identification document. To prepare a conclusion on the possibility of becoming adoptive parents, the guardianship and trusteeship authority draws up an act based on the results of an examination of the living conditions of persons wishing to adopt a child. Based on the application and the documents attached to it, as well as an act of examining the living conditions of persons wishing to adopt a child, the guardianship and trusteeship authority, within 15 working days from the date of adoption, prepares a conclusion on their ability to be adoptive parents. The basis for the question of the possibility of adopting a particular child is the application candidates for adoptive parents with a request to establish adoption, which they submit to the court at the place of residence (location) of the child. The application must indicate: Last name, first name, patronymic of the adoptive parents (adoptive parent), their place of residence. Last name, first name, patronymic and date of birth of the child being adopted, his place of residence or location, information about the parents of the child being adopted, whether he has brothers and sisters. Circumstances justifying the request of the adoptive parents (adoptive parent) to adopt a child, and documents confirming these circumstances. A request to change the surname, first name, patronymic, place of birth of the child being adopted, as well as the date of his birth, to record the adoptive parents (adoptive parent) as parents (parent) in the child’s birth certificate. The following must be attached to the application for establishing the adoption of a child: A copy of the adoptive parent - if the child is adopted by a person who is not married; A copy of the marriage certificate of the adoptive parents (adoptive parent) - when a child is adopted by married persons; When adopting a child by one of the spouses - the consent of the other spouse or a document confirming that the spouses have stopped family relationships, have not lived together for more than a year. If it is impossible to attach the relevant document to the application, the application must indicate evidence confirming these facts; Medical report on the health status of the adoptive parents (adoptive parent); Certificate of employment about the position held and wages or a copy of the income statement or other income document; A document confirming the right to use residential premises or ownership of residential premises; A document confirming the registration of a citizen as a candidate for adoptive parents. All documents are provided in two copies. An application for the adoption of a child is considered behind closed doors with the obligatory participation of the adoptive parents (adoptive parent), a representative of the guardianship and trusteeship authority, a prosecutor, a child who has reached the age of 14 years, and, if necessary, parents, other interested parties and the child himself aged 10 to 14 years. A court decision to establish the adoption of a child, which has entered into legal force, is the basis for state registration of adoption.

Vladimir Ivanovich(02.10.2013 at 22:28:06)

Good evening!

I will outline the main points that you need to know about adoption. Firstly, adoption is carried out by the court upon the application of the person(s) wishing to adopt the child. Consideration of cases on establishing the adoption of a child is carried out by the court in a special proceeding, i.e. an application is filed, not a lawsuit (since there is no dispute about the right).

Secondly, to adopt a child, the consent of his parents is required. The consent of the parents to adopt a child must be expressed in a notarized statement, and can also be expressed directly in court during the adoption process.

But, there are cases when parental consent is not required for adoption - p"

in cases where they:

1) are unknown or recognized by the court as missing;

2) are recognized by the court as incompetent;

3) have been deprived of parental rights by a court;

4) for reasons recognized by the court as disrespectful, they have not lived with the child for more than six months and are evading his upbringing and maintenance.

Thirdly, to adopt a child who has reached the age of ten years, his consent is required.

Fourthly, there are legal consequences of adopting a child -

a) adopted children and their offspring in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to adopted children and their offspring are equal in personal non-property and property rights and obligations to relatives by origin (i.e. after adoption, it is you you will be considered legally the parent of this child, and therefore bear responsibilities for maintenance and upbringing, the child will be your heir and your relatives, etc.)

b) adopted children lose personal non-property and property rights and are released from responsibilities towards their parents (their relatives).

If you have firmly decided to become a father to this child - good luck!

I hope I helped you clarify your question.

Gubin Anatoly Anatolievich(02.10.2013 at 16:29:42)

Hello, Ilya. The procedure is determined by the Family Code of the Russian Federation. Cases on establishing the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, the guardianship and trusteeship authorities, as well as the prosecutor. Article 127. Persons who have the right to be adoptive parents 1. Adoptive parents can be adults of both sexes, with the exception of: persons recognized by the court as incompetent or partially capable; spouses, one of whom is recognized by the court as incompetent or partially capable; persons deprived of parental rights by court or limited by court in parental rights; persons removed from the duties of a guardian (trustee) for improper performance of the duties assigned to him by law; former adoptive parents, if the adoption was canceled by the court due to their fault; persons who, for health reasons, are unable to exercise parental rights. The list of diseases, in the presence of which a person cannot adopt a child, take him under guardianship (trusteeship), or take him into foster family , is established by the Government of the Russian Federation; persons who, at the time of adoption, do not have an income that provides the adopted child with the subsistence minimum established in the constituent entity of the Russian Federation in whose territory the adoptive parents (adoptive parent) reside; persons without permanent residence; persons who have or have had a criminal record, are or have been subject to criminal prosecution (except for persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insults), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, as well as against public safety; persons who have not been expelled or for serious or especially serious crimes; persons living in residential premises that do not meet sanitary and technical rules and regulations; persons who have not undergone training in the manner established by paragraph 4 of this article (except for close relatives of the child, as well as persons who are or were adoptive parents and in respect of whom the adoption has not been cancelled). 1.1. When making a decision on the adoption of a child, the court has the right to deviate from the provisions established by paragraphs eight, twelve and thirteen of paragraph 1 of this article, taking into account the interests of the child being adopted and circumstances worthy of attention. 1.2. The provisions established by paragraphs eight, twelve and thirteen of paragraph 1 of this article do not apply to the stepfather (stepmother) of the adopted child. 2. Persons who are not married to each other cannot jointly adopt the same child. 3. If there are several persons wishing to adopt the same child, the priority right is given to the child’s relatives, subject to the mandatory compliance with the requirements of paragraphs 1 and 2 of this article and the interests of the child being adopted. Article 129. Parents' consent to the adoption of a child 1. To adopt a child, the consent of his parents is required. When adopting a child of minor parents under the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and trusteeship authority. The parents' consent to the adoption of a child must be expressed in a statement notarized or certified by the head of the organization in which the child left without parental care is located, or by the guardianship and trusteeship authority at the place of adoption of the child or at the place of residence of the parents, and can also be expressed directly in court during adoption proceedings. 2. Parents have the right to withdraw their consent to the adoption of a child before a court decision on his adoption is made. 3. Parents may give consent to the adoption of a child by a specific person or without indicating a specific person. Parents' consent to adopt a child can only be given after his birth. Article 130. Adoption of a child without parental consent The consent of the child’s parents for his adoption is not required in cases where they are: unknown or recognized by the court as missing; declared incompetent by the court; deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code); for reasons recognized by the court as disrespectful, they do not live with the child for more than six months and evade his upbringing and maintenance. Article 134. First name, patronymic and last name of the adopted child 1. For adopted child his first name, patronymic and last name are retained. 2. At the request of the adoptive parent, the adopted child is assigned the surname of the adoptive parent, as well as the given name. The patronymic name of the adopted child is determined by the name of the adoptive parent, if the adoptive parent is a man, and if the child is adopted by a woman, by the name of the person indicated by her as the father of the adopted child. If the surnames of the adoptive spouses are different, by agreement of the adoptive spouses, the adopted child is assigned the surname of one of them. 3. When a child is adopted by an unmarried person, at his request, the last name, first name and patronymic of the mother (father) of the adopted child are recorded in the birth register at the direction of this person (adoptive parent). 4. A change in the surname, name and patronymic of an adopted child who has reached the age of ten years can be made only with his consent, except for the cases provided for in paragraph 2 of Article 132 of this Code. 5. A change in the surname, name and patronymic of an adopted child is indicated in the court decision on his adoption. Article 136. Recording of adoptive parents as parents of an adopted child 1. At the request of the adoptive parents, the court may decide to record the adoptive parents in the birth register as the parents of the child adopted by them. 2. To make such an entry in relation to an adopted child who has reached the age of ten years, his consent is required, except for the cases provided for in paragraph 2 of Article 132 of this Code. 3. The need to make such a record is indicated in the court decision on the adoption of a child.

Mikhailovsky Yuri Iosifovich(02.10.2013 at 16:30:26)

Good afternoon

If your own father gives his consent, then everything will go faster, you need to seriously think about everything again, i.e. the fact that you are doing this not only because of your wife, because... It’s not uncommon for people to live together for another year, and after the divorce they run to formalize a waiver of parental rights.

Family Code of the Russian Federation

Article 125. Procedure for adopting a child

Cases on establishing the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, the guardianship and trusteeship authorities, as well as the prosecutor.

2. To establish the adoption of a child, a conclusion from the guardianship and trusteeship authority is required on the validity of the adoption and its compliance with the interests of the adopted child, indicating information about the fact of personal communication between the adoptive parents (adoptive parent) and the adopted child.

The procedure for transferring children for adoption, as well as monitoring the living conditions and upbringing of children in adoptive families on the territory of the Russian Federation is determined by the Government of the Russian Federation.

3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the date the court decision on establishing the adoption of the child enters into legal force.

The court is obliged, within three days from the date of entry into legal force of the court decision to establish the adoption of a child, to send an extract from this court decision to the civil registry office at the place where the decision was made.

The adoption of a child is subject to state registration in the manner established for state registration of civil status acts.

Article 129. Consent of parents to adopt a child

1. To adopt a child, the consent of his parents is required. When adopting a child of minor parents under the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and trusteeship authority.

The parents' consent to the adoption of a child must be expressed in a statement notarized or certified by the head of the organization in which the child left without parental care is located, or by the guardianship and trusteeship authority at the place of adoption of the child or at the place of residence of the parents, and can also be expressed directly in court during adoption proceedings.

2. Parents have the right to revoke their consent to the adoption of a child before a court decision on his adoption is made.

3. Parents may give consent to the adoption of a child by a specific person or without indicating a specific person. Parents' consent to adopt a child can only be given after his birth.

Article 130. Adoption of a child without parental consent

The consent of the child’s parents for his adoption is not required if they:

unknown or recognized by the court as missing;

declared incompetent by the court;

deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code);

for reasons recognized by the court as disrespectful, they do not live with the child for more than six months and evade his upbringing and maintenance.

Article 131. Consent to the adoption of children of guardians (trustees), foster parents, heads of organizations in which there are children left without parental care.

1. For the adoption of children under guardianship (trusteeship), written consent of their guardians (trustees) is required.

For the adoption of children in foster families, written consent of the adoptive parents is required.

For the adoption of children left without parental care and located in educational institutions, medical institutions, social welfare institutions and similar organizations, written consent from the heads of these organizations is required.

2. The court has the right, in the interests of the child, to make a decision on his adoption without the consent of the persons specified in paragraph 1 of this article.

Article 132. Consent of the adopted child to adoption

1. To adopt a child who has reached the age of ten years, his consent is required.

2. If, before filing an application for adoption, the child lived in the family of the adoptive parent and considers him to be his parent, adoption, as an exception, can be carried out without obtaining the consent of the child being adopted.

Article 133. Consent of the adoptive parent’s spouse to adopt a child

1. When adopting a child by one of the spouses, the consent of the other spouse to adoption is required, unless the child is adopted by both spouses.

2. The consent of the spouse to adopt a child is not required if the spouses have terminated family relations, have not lived together for more than a year and the place of residence of the other spouse is unknown.

Article 137. Legal consequences adoption of a child

1. Adopted children and their offspring in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to adopted children and their offspring are equal in personal non-property and property rights and obligations to relatives by origin.

2. Adopted children lose personal non-property and property rights and are released from responsibilities towards their parents (their relatives).

3. When a child is adopted by one person, personal non-property and property rights and obligations can be preserved at the request of the mother, if the adoptive parent is a man, or at the request of the father, if the adoptive parent is a woman.

4. If one of the parents of an adopted child has died, then, at the request of the parents of the deceased parent (grandfather or grandmother of the child), personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved if the interests of the child so require. The right of relatives of a deceased parent to communicate with an adopted child is exercised in accordance with Article 67 of this Code.

5. The preservation of the relationship of the adopted child with one of the parents or with the relatives of the deceased parent is indicated in the court decision on the adoption of the child.

6. The legal consequences of the adoption of a child, provided for in paragraphs 1 and 2 of this article, occur regardless of the entry of the adoptive parents as parents in the birth certificate of this child.

Pashkova Nadezhda Nikolaevna(02.10.2013 at 16:34:16)

Good afternoon. The consent of the child will be required, as well as the consent of the guardianship authorities, as well as the biological father. Adoption takes place in court. If the biological father does not give consent, then first it will be necessary to deprive him of parental rights through the court, which will not be very easy, since Art. 69 of the RF IC has established clear cases.

evade the duties of parents, including malicious evasion;
refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or similar organizations;
abuse their parental rights;
children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;
are patients with chronic alcoholism or drug addiction;
committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Nikolai Nikolaevich(02.10.2013 at 20:24:26)

Hello dear Ilya!

Adoption is a voluntary act and can be carried out only at the request (expression of will) of the person wishing to adopt a child. This means that no one can be forced to adopt children against their will.

The will of persons (persons) wishing to adopt a child must be expressed in a written application to establish the adoption of a child, which is submitted by citizens of the Russian Federation wishing to adopt a child at the place of residence (location) of the child being adopted, that is, the jurisdiction of cases of establishment of adoption is determined based on interests of the adopted child. The application must indicate: last name, first name, patronymic of the adoptive parents (adoptive parent), their place of residence; last name, first name, patronymic and date of birth of the child being adopted, his place of residence (location), information about the parents of the child being adopted, whether he has brothers and sisters; circumstances justifying the request of the adoptive parents (adoptive parent) to establish the adoption of the child, and evidence confirming these circumstances; request to change the surname, first name, patronymic of the child being adopted, the date of his birth (if adopting a child under one year of age), the place of birth of the child being adopted, to record the adoptive parents (adoptive parent) in the birth certificate of the child as parents (parent) - if desired adoptive parents (adoptive parent) to make appropriate changes to the birth certificate of the child.

Article 125. Procedure for adopting a child

1. Adoption is carried out by the court upon the application of the person(s) wishing to adopt the child. Consideration of cases on establishing the adoption of a child is carried out by the court in a special proceeding according to the rules provided for by civil procedural legislation.
Cases on establishing the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, the guardianship and trusteeship authorities, as well as the prosecutor.
(as amended on June 27, 1998 N 94-FZ)
2. To establish the adoption of a child, a conclusion from the guardianship and trusteeship authority is required on the validity of the adoption and its compliance with the interests of the adopted child, indicating information about the fact of personal communication between the adoptive parents (adoptive parent) and the adopted child.
The procedure for transferring children for adoption, as well as monitoring the living conditions and upbringing of children in adoptive families on the territory of the Russian Federation is determined by the Government of the Russian Federation.
(Clause 2 introduced by Federal Law dated June 27, 1998 N 94-FZ)
3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the date the court decision on establishing the adoption of the child enters into legal force.
(as amended by Federal Law dated June 27, 1998 N 94-FZ)
The court is obliged, within three days from the date of entry into legal force of the court decision to establish the adoption of a child, to send an extract from this court decision to the civil registry office at the place where the decision was made.
The adoption of a child is subject to state registration in the manner established for state registration of civil status acts.

According to Article 125 Family Code RF:

The adoption of a child is subject to state registration in the manner established for state registration of civil status acts.

If the child’s father does not agree to the adoption of his daughter, then it is necessary to first deprive him of parental rights and only after that can you go to court with an application to adopt the child.

According to Article 69 of the Family Code of the Russian Federation:

Parents (one of them) may be deprived of parental rights if they:

evade the fulfillment of parental responsibilities, including malicious evasion of child support payments;

refuse, without good reason, to take their child from a maternity hospital (ward) or from another medical institution, educational institution, social welfare institution or similar organizations;

abuse their parental rights;

children are cruelly treated, including physical or mental violence against them, and attacks on their sexual integrity;

are patients with chronic alcoholism or drug addiction;

committed an intentional crime against the life or health of their children or against the life or health of their spouse.

According to Article 70 of the Family Code of the Russian Federation:

1. Deprivation of parental rights is carried out in court.

Cases of deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, an application from the prosecutor, as well as upon applications from bodies or organizations charged with protecting the rights of minor children (guardianship and trusteeship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).

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Life never ceases to present its surprises and it happens that the child’s parents get divorced, and after a while the child’s mother gets married again.

After marriage, the mother's husband becomes the child's stepfather. Often, living together with a child, he plays the role that a father should perform - cares, educates, provides, but does not have the rights that are inherent to a parent.

What to do if a stepfather wants to adopt his wife’s child from a previous marriage? What is the adoption procedure in this case?
Even taking into account the fact that adopting a child by a stepfather is significantly easier than adopting a child from orphanage- this matter, however, is not easy, requiring time, effort and patience.

Conditions for adopting a child by a stepfather

The grounds for adoption of a child by a stepfather are:

stepfather's wish
stepfather's compliance with legal requirements for adoptive parents
consent of the biological father (with the exception of some cases, which will be discussed below)
consent of the child's mother to the adoption of the child by the stepfather

Important! The child's stepfather is a man who is legally married to the child's mother. Civil marriage does not give the right to adoption.

What to do if the child’s biological father does not agree with the stepfather’s adoption of the child?

If the father is not deprived of parental rights, takes part in the child’s upbringing in good faith, pays alimony, and does not harm the child, then it is practically impossible to carry out adoption without his consent in practice.

If the father does not take part in the upbringing, does not see the child for more than 6 months without a good reason and does not pay child support (or pays it by court decision, that is, not in voluntarily) – there is a chance that the adoption will be allowed by the court WITHOUT CONSIDERING THE FATHER’S OPINION (especially if he does not appear at the court hearing, which will once again prove his disinterest in the fate of the child). In this case, you must be prepared to convincingly prove in court the fact that the father does not see the child. Try to discuss this point with the guardianship and trusteeship authority; they can suggest what steps in this direction are best to take in your specific situation.

If the court refuses to decide the case in the absence of the biological father, it makes sense to file a lawsuit to deprive the father of parental rights. The reason may be the same refusal to raise and support a child, as well as a detrimental effect on his physical and mental health.

What to do if the biological father agrees with the adoption of the child by the stepfather?

The simplest option is to obtain a notarized permission from the father to adopt a child. To do this, the father must personally appear at any notary and obtain such permission. The form of such permission is standard, it is known to the notary, so there is no need to worry about it.

The permit can be issued both for the adoption of a child by any person, and for the adoption of a specific person. We recommend that you issue a permit for a specific person (the stepfather), since in this case the father will have less chance of challenging the court’s decision if he suddenly changes his mind. If there is a notarized adoption permit, the father's appearance in court is not required.

Instead of obtaining a notarial permit, the father can appear at the court hearing and personally confirm consent to the adoption.

Where to start? What documents are needed to adopt a child by a stepfather?

Despite the fact that the secrecy of adoption is protected by law in Russia, and the adoptive parent probably would not want to spread unnecessarily about the fact that the child is adopted, quite a few people are required to participate in the process itself. The main stages of the process are obtaining the conclusion of the guardianship and trusteeship authority on the possibility of being an adoptive parent and submitting this conclusion to the court, which, based on all the circumstances, may or may not allow adoption.

Let’s decide right away that if the adoptive parent is registered in one place, the mother and child are in another, and in fact they all live in a third place, then you will most likely have to deal with three guardianship and trusteeship authorities at once - according to the place of registration of the adoptive parent, at the place of registration child and place of actual residence. If you are registered and live in the same place, then the matter becomes somewhat simpler.

You need to start by contacting the guardianship and trusteeship authority at the place of PERMANENT registration of the adoptive parent. There you will need to write a statement of desire to become an adoptive parent, on the basis of which the guardianship and trusteeship authority begins to work with the candidate adoptive parent. The guardianship informs you what documents need to be provided so that they can make a conclusion. These documents include:

1. Certificate of no criminal record. A certificate of no criminal record for a stepfather who wants to adopt a child is prepared within a month, so it is worth ordering it first; you can do this even before contacting the guardianship authority. The certificate is valid for 6 months. You can receive a certificate of no criminal record as quickly as possible by ordering it through the Unified Portal of State and municipal services at http://www.gosuslugi.ru.

2. Conclusion on the health status of the candidate adoptive parent. Medical report form for the adoption of a child by a stepfather.

IMPORTANT - must be drawn up on form N 164/u-96 (approved by Order of the Ministry of Health of the Russian Federation of September 10, 1996 N 332 “On the procedure for medical examination of citizens wishing to become adoptive parents, guardians (trustees) or adoptive parents”). To obtain a certificate, contact your local physician, who will tell you whether the district clinic has the specialists necessary to prepare a report and, if not, where to go.

Which doctors does a stepfather need to see to finalize the adoption? To obtain a conclusion, you will need to visit the following doctors:

THERAPIST(will refer for general blood and urine tests, fluorography)
INFECTIONIST(concludes the absence of infectious diseases)
DERMATOVENEROLOGIST(carries out an external examination of the skin for the presence of skin diseases and sends for a blood test for syphilis)
Physiotherapist(a doctor who diagnoses the absence of tuberculosis. As a rule, the doctor simply checks whether the stepfather is registered at the tuberculosis dispensary and looks at the results of fluorography issued by the therapist)
NEUROPATOLOGIST(checks for neurological disorders)
ONCOLOGIST(this doctor checks whether the stepfather is registered at the oncology clinic. If there are no complaints or obvious problems, no additional diagnostics are performed)
PSYCHIATRIST(assess mental health)
EXPERT IN NARCOLOGY(checks whether the stepfather is registered at a drug treatment clinic, and also evaluates the possibility of alcohol or drug addiction)

The task of these doctors is not to conduct a comprehensive health examination, but to establish the presence or absence of diseases in a candidate adoptive parent, in the presence of which persons for health reasons cannot exercise parental rights.

The list of diseases, in the presence of which a person cannot adopt a child, take him into guardianship (trusteeship), or take him into a foster family, was approved by Decree of the Government of the Russian Federation of May 1, 1996 N 542:

Tuberculosis (active and chronic) of all forms of localization in patients of groups I, II, V of dispensary registration;
Diseases of internal organs, nervous system, musculoskeletal system in the stage of decompensation;
Malignant oncological diseases of all localizations;
Drug addiction, substance abuse, alcoholism;
Infectious diseases before removal from dispensary registration;
Mental illnesses in which patients are recognized in accordance with the established procedure as incompetent or partially capable;
All diseases and injuries that lead to disability of groups I and II, excluding the ability to work.

Please note - if you had to go to different medical institutions to undergo an examination - (for example, a neurologist ended up in his own clinic, but you had to go to a dispensary to get a phthisiatrician's report) - then EACH institution must put its own stamp on the doctor's record.

At the end, the form must be endorsed by the head physician (or deputy) of the clinic at the place of registration. The conclusion is valid for 3 months - if you do not have time to submit documents to the court during this time, you will have to draw up the doctors' conclusion again.

The therapist records in the medical record that the stepfather underwent a medical examination, but the purpose of this examination is not indicated.

3. Salary certificate (2-NDFL). For a stepfather, in contrast to the adoption of a child from an orphanage, it is not necessary to have an income that provides the subsistence minimum for the child established by the legislation of the constituent entity of the Russian Federation (the main thing is that the minimum is provided by the total income of the family), but a certificate may still be required.

4.Extract from the house register from the apartment where the candidate for adoptive parents is registered. You will need documents for the apartment - for example, a certificate of ownership. These documents will have to be provided even if the child does not actually live at the place of registration of the adoptive parent and has never even been there.
The guardianship authorities must inspect the apartment to determine whether it is suitable for a child to live in (the sanitary, hygienic and technical condition of the apartment), whether the child has his own bed, toys, place to play, etc. (if the child does not actually live there, there is no need to have all this there, just the apartment must be suitable in size and condition in case the child suddenly lives in it).

5. Characteristics from the place of work adoptive parent. The document must be certified by the signature of the head of the organization and the seal.

6.Autobiography of an adoptive parent. In free form, no seals or certifications are required.

7. Certificate of health of the adopted child according to (approved by Order of the Ministry of Health and Medical Industry of Russia dated July 3, 1995 N 195). The certificate is essentially an extract from the child’s card at the place of his attachment to the children’s clinic - information about the child’s diagnoses and recommendations for further observation are indicated. At the clinic, sometimes they try to issue such a certificate not in the form - simply on the “CERTIFICAT” form. Don’t give in - take form 160/y from your guardianship - let the local pediatrician fill it out. The certificate must be signed by a COMMISSION of doctors (3 people) at the clinic. Upon submitting a certificate to guardianship, the adoptive parent must write a statement stating that he is familiar with the state of health of the child being adopted and has no complaints.

8.Mother's statement child that she agrees with the adoption (consent of the child’s mother to the adoption of the child by the stepfather).

All these documents are necessary in order to reduce the risk of cancellation of the adoption.

After submitting all documents to the guardianship authority, within 5 working days they prepare their conclusion on the stepfather’s possibility of being an adoptive parent.

Is a stepfather required to undergo training as a person wishing to adopt a child?

When adopting a child of his wife from a previous marriage, a stepfather is not required to undergo special training provided for adoptive parents (adoptive parents courses).

Going to court

After receiving this conclusion, you can file a claim in court. We will not go into details of the nuances of drawing up statement of claim– here it is better to consult a lawyer.

The court schedules a pre-trial hearing - this is not yet a consideration of the case on the merits - the judge will simply assess whether everything is necessary documents collected and will announce what is missing. Perhaps the judge will decide on the need to call witnesses to court. On the day of the scheduled court hearing, you must appear with a complete package of documents.

The adoptive parent, the child’s mother, and a representative of the guardianship and trusteeship authority must necessarily participate in the court hearing. The presence of the biological father is not necessary if there is a notarized permission for adoption.

The need for the adoptive parent to attend the meeting in person does not deprive him of the opportunity to use the services of a legal representative.

About the rights of a legal representative

Representatives in cases of this category have the right, without the personal participation of the principal, to carry out actions outside the stage of the trial, in particular, to collect and present the necessary evidence, when preparing the case for trial, to give the judge explanations on the substance of the application, to provide additional evidence at the request of the judge, to raise the issue of providing assistance in requesting written and material evidence, etc. (Clause 2 of the Resolution of the Plenum of the Supreme Court “On the application of legislation by courts when considering cases of adoption of children” dated April 20, 2006 No. 8).

What else can you do?

In preparation for the court hearing, it will not be superfluous to:
- take an extract from the house register at the child’s place of registration (if the child is not registered with the father)
- take a 2nd personal income tax certificate for the child’s mother (to show the total family income and the ability to provide the child with a living wage);
- both the adoptive parent and the child’s mother prepare an answer to the court’s questions.

Should the adoptive parent be ready to reasonably explain why he needs to adopt a child since he already actually lives with the child, cares for and raises him?

The mother should be prepared to justify why she believes that adoption by this particular person is in the best interests of the child. We recommend that you take this task responsibly.
- print out several photographs where you spend time with your family - photographs of a picnic, a weekend at the dacha or a hike in which the adoptive parent is depicted TOGETHER with the child. Such photographs may be additional arguments in your favor.

In addition to directly establishing adoption, you can file a petition for:
- changing the child’s surname to the adoptive parent’s surname;
- to establish a patronymic for the child in accordance with the name of the adoptive parent;
- in some cases, in order to hide the fact of adoption from strangers - to change the date and place (city) of the child’s birth.

If the court's decision is positive, all this data will be recorded on the birth certificate.

What's the result?

After the decision on the case is announced, it can be appealed by interested parties (biological father, guardianship) to a higher court within 10 days. If this does not happen, the court decision comes into force.

The adoptive parent or his legal representative can obtain a court decision that has entered into force where the case was heard. We draw your attention to the fact that several copies of the court decision are issued, and the copies must be:

stitched (if the solution is contained on more than 1 sheet)
numbered
certified by the seal of the court
there must be a mark indicating that the decision has entered into legal force

To receive documents, the adoptive parent will need to have a passport with him.

Subsequently, a copy of the court decision must be submitted to the guardianship and trusteeship authority at the child’s place of residence and to the registry office for re-issuance of the birth certificate.

How to get a new birth certificate after adopting a child by a stepfather?

A new birth certificate (in which the adoptive parent will be recorded as the father) is issued by the civil registry office at the place of registration of the child. To receive a certificate, the adoptive parent must appear at the registry office (the child’s mother cannot do this without the appearance of the adoptive parent and her presence is not necessary) and provide the following documents:

adoptive parent's passport
child's birth certificate
marriage certificate with the child's mother
court decision (a court seal confirming the entry into force of the decision is required)

Directly at the reception at the birth registration department of the civil registry office, the adoptive parent fills out an application with a request to be recorded as a parent on the birth certificate.

Based on the documents provided, the civil registry office employee issues to the adoptive parent:

new birth certificate

This birth certificate looks like a regular birth certificate. In it, the child’s surname and patronymic are recorded in accordance with the court decision, that is, if the claim was a request to change the child’s surname to the adoptive parent’s surname and a corresponding change in the patronymic, then these changes will be reflected in this birth certificate. At the request of the adoptive parent, a record of his nationality can be made in the certificate.

2013-09-04 11:40:52

The fact is that not every child can bear the news that his dad is no longer a father, and according to documents he is the child of his stepfather, this is a trauma for children. But sometimes fathers don’t even need children; this is a completely different case, if a stepfather who loves the child wants to adopt.

In Russia, over half of marriages end in divorce. A third of them leave children without one of their parents. As a rule, minors remain with single mothers, less often with fathers in this status. Thanks to the adoption procedure, it becomes possible to survive even the most serious divorce. The new husband of a single mother can adopt his wife's child and become his stepfather.

The procedure is relevant not only for divorce, but also in the event of the death of the wife’s ex-husband - the biological father of a minor. Modern adoption comes with many pitfalls that you should be aware of in advance. What are the stages of this process and is the consent of the biological father required? Let's consider the issue in more detail.

Conditions for adopting a wife's child

Adoption, as well as adoption, is the acquisition of parental rights and responsibilities in relation to the wife’s child from her first marriage. Adults with legal capacity can acquire the status of a stepfather or stepmother if the law allows them to perform such actions. The specifics of the procedure are regulated by the provisions of Chapter. 19 of the Family Code of the Russian Federation, Ch. 29 of the Civil Procedure Code, as well as Government Decree No. 275 of June 2, 2016 (new edition).

An important condition for adopting someone else's baby is obtaining the notarized consent of the biological father/mother. When one of the parents is declared dead or missing, you must provide a death certificate or a copy of a document confirming the unknown location of the spouse.

Requirements for adoption in 2017

Entering into an official marriage with the child's mother.
The desire of the new husband to adopt a baby on a voluntary basis.
Obtaining the consent of the biological father (if necessary).
Consent of a child who has reached 10 years of age (Article 132 of the RF IC).

Adoption of a wife's child is possible only in a legally registered marriage. Cohabitation with the child's mother does not give a man the right to adopt a minor.

Not all candidates for adoption receive the green light, as the guardianship and trusteeship authorities may refuse the procedure. The reasons are:

lack of a certificate of employment (unofficial employment);
low income (below the subsistence level);
severe illness;
current criminal record or suspicion of committing a criminal offense;
disability (category I–II);
refusal of the biological father.

The last case allows you to resort to. But it is extremely difficult to do this without compelling reasons, because a living parent can actively participate in the life and upbringing of a child, even if he is divorced from his mother.

Preparation for the procedure

Adoption issues are considered exclusively in court. But before filing a claim with a judge, interested parties must obtain permission from the guardianship and trusteeship authority (TCA). The review begins with the preparation of certificates for the Department of Family and Marriage.

Along with the application, the adoptive parent and the child’s mother send to the OOP:

stepfather's autobiography (written by hand);
a certificate from the place of employment of the newly-minted candidate (indicates the position, terms of employment, amount of income for the last 6 months);
an extract from the house register or title documents for the apartment (confirmation of the availability of living space);
a certificate of good conduct (taken from the regional department of the Ministry of Internal Affairs of the Russian Federation);
conclusion of a medical institution about the absence of serious diseases (tuberculosis, drug addiction, mental disorders, HIV, AIDS, oncology, etc.);
medical certificate about the baby’s health condition;
birth certificate of the adoptee;
a copy of the marriage registration certificate;
copies of passports of a single mother and new stepfather certified by a notary;
confirmation of completion of parenting courses (if necessary);
a copy of the pensioner’s ID (if the stepfather or stepmother is pensioner);
(certified by a notary).

Preparation for adoption involves an initial screening of the candidate for compliance with legal conditions. Guardianship and trusteeship authorities are interested in the baby finding a second parent. Therefore, there are no strict requirements for applicants. A more thorough review begins at the judicial stage of the adoption case, when the candidate is assessed from the point of view of a suitable father for the child.

Adoption procedure

Differences in the relationship between the mother and father of the child leave an imprint on the future procedure for adoption by the stepfather. The main condition is the divorce of the biological parents. In this case, the baby's father may be deprived of parental rights or maintain contact with the family. Let's consider several situations.

Features of the adoption of a wife’s child in 2017:

Single mother. The woman was not married to the child’s biological father, she is raising the child alone, paternity has not been established, and the son or daughter is recognized as a half-orphan (there is a dash in the “father” column on the birth certificate). In this case, the mother’s new spouse will be able to adopt the child on a general basis. The consent of the biological parent is not required.
The father has been deprived of parental rights. There are no difficulties here, especially if the deprivation of parental rights took place through the court. The new father (stepfather) can apply for adoption (the best way).
The father is not deprived of parental rights. The absence of a court decision to deprive a parent of his rights preserves the parental obligations of the former spouse. Today, the adoption of a child requires obtaining the notarized consent of the biological father of the minor. The document is drawn up in any form or according to a sample from a notary.

Adoption procedure

At the moment, the process of adoption of children in Russia (including by foreigners) includes the participation of the guardianship and trusteeship authority. However, the final decision is made at court hearings. Before filing a claim in court, interested parties must go through the procedure of confirming the possibility of adoption in the OOP.

The conclusion of the trustee body is considered a legally significant document. The final court decision depends on the conditions described therein. Practice shows that in the overwhelming majority of cases the court takes the side of the guardianship and trusteeship authority. Therefore, the department’s conclusion is a key confirmation for adoptive parents.

An application to confirm the possibility of adoption (with all necessary certificates and documents attached) is submitted to the guardianship authority at the child’s place of residence. The period for consideration of citizens' appeals is 7 working days. Based on the results of studying the documents, the department makes a decision. Next, the guardianship authority sends an official representative to inspect the living conditions of the child along with the adoptive parent and his wife. The conclusion has a recommendatory form. The document is attached to the adoptive parents' statement of claim for the court.

How to file a claim?

A request to satisfy a petition for the adoption of a wife's child is made in writing in the form of a statement of claim. To consider the issue on its merits, the claim should be filed with the district court at the place of permanent residence of the adopted child.

name and address of the judicial authority at the place of residence;
Full name of the applicant and interested person with contact details;
Child's full name;
information about the registration of marriage with the mother of a minor;
address of the child’s actual place of residence;
statement of the request to adopt the baby;
evidence, reference to legal acts;
list of attached documents;
date and signature of the applicant.

The applicant also prepares documents for the adoption of his wife’s child. The list of papers must match the list specified in the application, which includes:

official income certificate 2-NDFL or declaration 3-NDFL;
certificate of no problems with the law;
medical reports on the health of the stepfather and child;
written reference from the employer;
title documents for the apartment or an extract from the house register;
autobiography of the stepfather in handwritten form;
notarized consent of the biological father (if the latter is not deprived of parental rights by a judicial authority);
the child's birth certificate and a copy of the marriage certificate.

The absence or incorrectness of one of the documents leads to refusal to consider the case. To avoid trouble, it is recommended to consult a family law lawyer.

Consideration of the case by the court

The adoption of children is considered a defining procedure, so courts consider such cases under a simplified procedure. The tight deadlines require a final verdict to be made within 30 days. Adoption cases are held behind closed doors, as the fate of the children is decided in court. A representative of the PLO must be present at the hearings.

The decision announced in the courtroom comes into force, but applicants can appeal it to a higher court. The period for filing an appeal is 10 days from the date of the decision. Adoptive parents receive several copies of the decision. A court order is submitted to re-register documents for the child in the registry office.

List of documents for changing a child’s birth certificate:

Applicant's identity card.
Old birth certificate of a baby.
Official marriage certificate.
Judgment and writ of execution, confirming adoption.

The new certificate issued by the civil registry office is practically no different from the old one. The document contains the full name of the adoptive parent, who can change the baby’s last name to his own. The application to the registry office must contain all wishes to change the child’s personal data. The absence of one of them creates difficulties in making adjustments. After receiving a new birth certificate, the adoptive parent and mother of the minor put notes about the children in their passports. The procedure takes place in the Directorate for Migration Issues of the Ministry of Internal Affairs of the Russian Federation (formerly the Federal Migration Service).

Thus, adoption is a responsible procedure on which the well-being of minor members of society depends. Applicants for paternity must submit an application to the guardianship and trusteeship authority. The final decision is made by the judge. Based on the results of the verdict, interested parties submit an application to change the child’s birth certificate.

And you give.

It happens that a man comes to a family consisting of a mother and her child. He becomes the mother's husband and the actual father of the child: he takes care of him, supports him, teaches him, heals him. In a word, he fulfills a whole range of parental and paternal responsibilities. The child gets used to the fact that his mother got married again, calls his mother’s new husband “dad,” and trust and true affection for each other arise between them.

The adoption by a stepfather of a child of his wife from his first marriage is a widespread phenomenon

A new happy family is created, which is often cemented by a second, already common child. However, legally a man is not endowed with any rights in relation to his stepson or stepdaughter, which sometimes gives rise to a lot of problems. Therefore, the stepfather’s adoption of his wife’s child from his first marriage is a widespread phenomenon if the woman has remarried.

Selecting a legal procedure and collecting documents

The decision was made and approved by all family members. The time has come to decide what documents will have to be collected and how to adopt the wife’s child. The choice of procedure will depend largely on what is written in the “father” column in the stepson’s (stepdaughter’s) documents.

If a son or daughter is born in a woman’s first marriage (or out of wedlock, but paternity is recognized voluntarily or established through a court) and his father is recorded as a real person, then adoption is required. In cases where a son (daughter) was born to a single mother and does not legally have a father, a formal paternity recognition process can be used.

Adoption procedure

It is necessary to submit an application in any form and a package of documents

You will have to adopt a stepson (stepdaughter) in court. First of all, you will have to collect and take to the education department an application in any form and documents according to the list:

stepfather's autobiography;
a certificate from the work of the mother’s new husband, indicating his position and information on the amount of his average earnings for the last calendar year;
an extract from the house register or a document on ownership of the apartment;
a police certificate stating that the stepfather has no criminal record;
a medical report with a stamp from a hospital or clinic about the stepfather’s health condition;
a certificate from the clinic about the child’s health status;
a copy of the marriage registration certificate;
a copy of the training certificate of the person wishing to adopt a child;
copy of pension certificate or certificate from Pension Fund Russian Federation (if the stepfather is a pensioner);
birth certificate of stepson (stepdaughter);
copies of the mother's and her new husband's passports.

Paternity Establishment Procedure

If a single mother married you and the child’s documents do not have information about the father or a fictitious person is indicated? In this option, the adoption of a wife's child will turn from a troublesome procedure into a simple formality. You will only need ID cards (yours and your wife's), marriage certificate, child's birth certificate.

Raising a child by a stepfather

You don’t have to collect documents or go to court. You will need to come to the nearest registry office and submit a joint application to establish paternity. In it, indicate that you are the father of the baby, but his mother married you after he was born.