The concept and legal consequences of adoption. Conditions, legal consequences and procedure for adoption

Article 124 of the RF IC states that the concept of adoption is one of the highest priority legislative form raising a child in Russia who was left without the care of biological parents.

The adoption procedure, in addition to the close family relationship between adoptive persons and adopted children, also gives rise to full-fledged legal relations that are regulated at the legislative level.

In fact, after going through the adoption procedure, children acquire rights and responsibilities identical to those of a natural child. This provision also applies to persons who decide to take an abandoned child into their family; now they are obliged to raise him and fully provide for him.

Basic requirements for adoptive parents and adopted children

In order to adopt a child, a sincere desire is not enough. There are conditions of adoption that must be followed and met. Family Code of the Russian Federation Art. 127 means that both women and men who have reached the age of majority can take someone else’s child. Along with this, the code places high demands on candidates and provides an extensive list of persons who do not have the right to adoption.

The law excludes the following categories of citizens from the circle of potential adoptive parents:

The above list is exhaustive. Under compelling circumstances, the court, when considering a case, may decide to deviate from certain provisions.

The Family Code designates the categories of children who can be transferred for adoption:

You cannot register an adoption procedure for an adult. Only in exceptional cases can different people adopt a blood brother and sister if it is determined that this would be best for the children. According to general rules, the law does not allow such an order.

Process order by stages

The procedure for adopting a child is strictly regulated by law. During the adoption process, family ties are established between the adopted person and the adoptive parent.

As a result of adoption, legal consequences adoption of a child. Adopted child equal to native. From the moment the court decision is made, he has all the rights and obligations of the blood.

This gives legal grounds for such children to be full-fledged heirs of the first turn and to claim an inheritance. This provision is enshrined in the Civil Code of the Russian Federation (Article 1147) and is closely intertwined with the RF IC (Article 137). The norms reflect how inheritance is carried out by adopted children and adoptive parents.

Russian legislation does not allow intermediary activities in any form. It is prohibited to participate in the selection and transfer of children to adoptive parents. This violates the terms of adoption, however, legal norms provide for the participation of a legal representative of the adoptive parents in order to conduct the case and represent interests in various authorities.

When adopting, an important requirement is the strict preservation of the secrecy of adoption; this provision is regulated by the law of the Russian Federation. In case of non-compliance, the perpetrators are subject to criminal liability.

Documentary preparation

Potential parents in Russia need to correctly write an application, prepare the established list of documents, and then submit it to the guardianship authorities at their place of residence.

The package of documents includes:

After submitting documentation to the guardianship authorities, the law sets aside a seven-day period during which a representative of the authority travels to the applicant’s place of residence in order to check the conditions. After this, within three days, an act is drawn up and a conclusion is issued, which gives the right to adoption (the document is valid for 2 years).

Child selection

The guardianship authority registers the information received about the adoptive parents in the database, and then the adoptive parents are provided with a list of children who need a family and their addresses.

The future adoptive parent personally visits the children who are interested, and if everything is satisfactory, he is allowed to visit the minor for ten days to communicate and get to know each other. When making a final decision on adoption, the person speaks about this to the guardianship officer. Next comes an appeal to the court.

If there is a desire to still look for a potential heir, people can resort to searching for other subjects of Russia. The Family Code does not provide for obtaining permission from the guardianship authorities to carry out these actions. The selection of a child in such circumstances is carried out in a similar way.

Case review process

The procedural procedure for adoption is carried out in a special proceeding in the courtroom at a closed meeting, which is regulated by the Code of Civil Procedure of the Russian Federation. The participants in the process are the applicants, a representative of the guardianship authority, the prosecutor and the child, provided that he or she reaches 14 years of age.

Judicial proceedings are opened on the basis of an application for adoption submitted by citizens. The authority is selected taking into account the location of the future family member.

The application contains the following information:

Russian legislation does not oblige the applicant in this category of case to pay a state fee.

Documents to be submitted to the court along with the application are provided in two copies. The list of documents includes the following certificates and papers:

Based on the results of the judicial review, a decision is made that either satisfies the applicant’s request or refuses it if the conditions for adoption are not met.

If the outcome of the case is positive, the legal consequences of adopting the child occur. And the decision fully specifies all changes regarding the change of personal data of the adoptee. Based on the decision, registration will take place with the civil registry office.

Next comes the post-trial registration of the fact of adoption. The procedure is carried out in the civil registry office, the basis is a court decision, a submitted application with a request to make changes to the vital records and their subsequent registration. To submit this information, the law requires month period from the date of entry into force of the decision.

How is the adoption procedure involving foreigners regulated?

The legal regulation of adoption with the participation of foreigners is regulated by Art. 165 of the Family Code of the Russian Federation. It is indicated that Russian children of persons from other countries of appropriate citizenship may be admitted in exceptional cases. For example, if there are no close relatives left in Russia, or there is no suitable family to accommodate the baby.

The transfer of a potential heir to the family of a foreigner, LBG, Russians living outside the country is carried out after a year. The moment begins to be calculated from the date of registration in the database of the specified persons.

The legal regulation of adoption involves the application of the laws of the foreign state whose citizens are the adoptive parents. In addition, the requirements of the Family Code of Russia and international agreements between countries are taken into account.

How does the international order differ from the rules of Russia:

• terms - for foreign citizens, they are 1.5 years;
• the procedure is paid;
• all documentation is subject to legalization (translation into Russian);
• Adopted persons retain Russian citizenship, but applicants have the right to terminate it.

Thus, we reviewed the basic conditions and procedure for the adoption procedure, requirements for adoptive parents and adopted children, basic provisions Family Code about the adoption procedure.

Adoption is the preferred form of placement for children left without parental care. The search for the most complete provision of the interests of children put up for adoption is a very important social problem.
Adoption is a complex legal institution. From the right choice The adoptive parent, the family into which the child is transferred, determines his fate. Errors during adoption can also violate the rights and interests of both the child’s parents and those wishing to adopt him. Therefore, the law regulates in detail the conditions and procedure for the production and termination of adoption.
For the first time, a judicial procedure for the adoption of a child is being established in the interests of children. The advantages of the judicial order are obvious: the court is independent and subject only to the law, it is not bound by any narrow departmental interests. The judge is professionally knowledgeable in matters of law, and judicial, rather than administrative, adoption procedures exist in all civilized countries of the world.
However, in order not to disrupt the adoption process and ensure the application of the new adoption procedure in the practical activities of the courts, the judicial procedure in accordance with Art. 169 of the IC was put into effect after the necessary procedural rules on the consideration of adoption cases were introduced into the GPU - Federal Law of August 21, 1996 “On Amendments and Additions to the Civil Procedure Code of the RSFSR.”
The adoption law is based on the fundamental principle of family law - ensuring priority protection of the rights and interests of minor children. Respect for their interests is a prerequisite for any adoption. The interests of the child during adoption mean ensuring, first of all, the necessary standard of living for his full physical, mental and spiritual development.
Obviously, each adoption case is particularly individual. The task is to choose a family for the child where his interests will be maximally ensured: take into account the characteristics of the child’s character, his psychological make-up; determine the psychological compatibility of the family and the child, etc. It is from this point of view that one must approach the issue of the admissibility of adoption.
At the same time, the interests of the child should in no case be understood in a narrow sense as ensuring satisfactory material and living conditions. The main thing is that the child constantly feels the beneficial influence of the family, feels parental love and care, so that each child grows up to be a cultured, comprehensively developed person, receives an education, and is prepared for an active social life.
Adoption has both legal and legal termination significance. With the entry into force of a court decision on adoption, legal relations similar to parental ones arise between the adoptive parent and the adopted child. This is its legal significance. At the same time, adoption entails the termination of all legal relations between the adoptee and his parents and relatives.
Adopted children and their parents and relatives are mutually exempt from all property and personal non-property rights and obligations. There may be exceptions to this rule. For example, if a child is adopted by only one person, it is possible to maintain a legal connection between him and a parent of the opposite sex to the adoptive parent.
The subjects of adoption relations are adopted children and adoptive parents. In accordance with paragraph 1 of Art. 124 adoption is allowed only for minor children. This is due to the fact that the purpose of adoption is to provide children with a family upbringing and to endow adopted children and adoptive parents with mutual rights and responsibilities.
Upon reaching adulthood, children no longer need family education, and parental rights and responsibilities in relation to adult children cease. Actual adoption is not given legal significance, therefore, if the actual adoption was not formalized before the child came of age, the possibility of such adoption is subsequently lost.
There are numerous requirements for persons who may be adoptive parents. First of all, these persons must be adults and fully capable. There are also certain requirements for the age of the adoptive parent. He must be at least 16 years older than the child. However, when a child is adopted by a stepfather or stepmother, such an age difference is no longer required.
Spouses cannot adopt a child, one of whom is recognized by the court as incompetent or partially capable, persons limited by the court in parental rights Oh, former guardians, trustees and adoptive parents, if through their own fault they improperly raised the child, as well as persons suffering from diseases that do not allow them to raise the child or are dangerous for the child himself.
Adoption is always voluntary. Therefore, if there are no obstacles to the transfer of a child to a given person, he himself decides which child to adopt.
It is possible to adopt two or more children. In these cases, a separate decision is made on the adoption of each child. As a general rule, separation of brothers and sisters is not allowed. It may be allowed as an exception in cases where the children have never lived or been raised together, as well as in other cases when adoption would be in the interests of a particular child.
Russian law allows the adoption of children - citizens of the Russian Federation - by both foreign citizens and stateless persons. Such adoption is carried out on a general basis, but in compliance with additional requirements, which, taking into account paragraph 3 of Art. 62 of the Constitution of the Russian Federation are established directly in the Federal Law of the RF IC.
The condition for adoption is obtaining the consent of all persons provided for by law: the child himself, his parents or persons replacing them, the spouse of the adoptive parent, if he is not the adoptive parent of the child.
The consent of a child over 10 years of age is required. The opinion of a child under 10 years of age must also be identified from the moment the child is able to formulate it.
To place a child for adoption, it is necessary to obtain the consent of his parents. The procedure for giving consent by parents is regulated by Art. 129 SK. Parents have the right to give consent to the adoption of a child by a specific person or without specifying a specific person. Parents' consent to adoption is given in writing and is subject to notarization.
A notarized certificate can be replaced by a certification from the head of the child care institution where the child is located, or from the guardianship and trusteeship authority. Parents have the right to withdraw their consent to adopt a child before the court makes a decision on adoption. If the parents refuse, it is impossible to give consent to adoption.
In some cases, adoption may be carried out without parental consent. As a rule, this occurs when parents have largely lost contact with the child.
In relation to children deprived of parental care, consent to adoption is given by their guardians or trustees, adoptive parents or heads of children's institutions in which the child is located.
To ensure equal conditions for adoptive parents and adoptees and to facilitate control over adoption, children subject to adoption and persons wishing to adopt a child are registered separately. Persons wishing to adopt a child submit an application with the necessary documents attached to the municipal government authority at their place of residence. Based on these documents, the specified body prepares a conclusion on whether this person can be an adoptive parent. If the conclusion is positive, the person wishing to become an adoptive parent is registered as a candidate for adoption. The candidate selects children to be adopted and is given the opportunity to obtain information about them and get to know the children themselves. If a candidate for adoption is unable to find a child at his place of residence, he can contact the educational authority of the constituent entities of the Russian Federation.
Thus, data banks are formed, on the basis of which the selection of persons wishing to become adoptive parents of children is made. If the adoption is carried out by the child’s relatives or the spouse of his parent, it occurs in addition to the specified accounting system. After a child has been selected to specific adoptive parents, the guardianship and trusteeship authorities decide whether adoption is in the interests of the child. Their conclusion is based on the conclusion about the possibility of a person wishing to adopt a child to be an adoptive parent. The child’s attitude towards the future adoptive parent and other information are also taken into account. This data forms the basis for the conclusion that the guardianship and trusteeship authorities present to the court.
According to Art. 125 of the RF IC, adoption is carried out by the court in a special proceeding upon the application of a person wishing to adopt a child. The adoption procedure is regulated by the Code of Civil Procedure (Articles 261-263(5)). In accordance with Art. 263 of the Civil Code, when preparing a case for trial, the judge obliges the guardianship and trusteeship authority to present an examination report on the life of the adoptive parent and obtain written consent to the adoption of persons whose consent must be obtained. Adoption cases require careful preparation, therefore the judicial review of the case is always preceded by an administrative procedure.
The consideration of an application for adoption is carried out by the court in a closed court session with the mandatory participation of the adoptive parents, a representative of the guardianship and trusteeship authority and the prosecutor. The court may involve the child's parents, other interested parties, as well as the child himself, who has reached the age of 10, to participate in the case.
Adoption is subject to registration with the civil registry office. However, registration of adoption does not have legal significance and is not part of the legal facts necessary for its occurrence. The legal consequences of adoption arise from the moment the court decision enters into legal force. The court, within 3 days from the moment the decision enters into legal force, must send an extract from the decision to the registry office at the location of the court.
During the adoption process, special actions may be taken aimed at maintaining the secrecy of adoption. The performance of these actions is not mandatory; they are carried out only at the request of the adoptive parent and in cases where this is in the interests of the child.
If, during adoption, a change is made in the child’s first name, patronymic, last name, date and place of birth, or if the adoptive parents are registered as parents, a special indication of this is made in the court decision on adoption. Based on an extract from such a decision, the civil registry office makes appropriate entries and makes changes to the child’s birth certificate. At the same time, on adopted child A duplicate birth certificate with new data is issued.
Current legislation provides for special measures aimed at maintaining the secrecy of adoption. Not only officials involved in the adoption process, but also other citizens aware of the adoption are obliged to maintain the secrecy of adoption. No one, without the consent of the adoptive parents, has the right to issue information and documents from which it can be established that an adoption took place.
For disclosing the secret of adoption to guilty persons in accordance with Art. 1241 of the Criminal Code applies criminal liability measures. However, a child who has reached the age of majority must have the right to access all information concerning him, including information about adoption. In some cases, this may be necessary, for example, to diagnose hereditary diseases or to prevent marriage with close relatives, with whom the adopted person is not aware of their relationship.

35. Concept, meaning, procedure and conditions of adoption.

The conditions for adoption by the RF IC include obtaining the consent of a certain circle of persons

1. The child’s parents or persons replacing them. Parents lose their parental rights upon adoption. Therefore, it is necessary to obtain their consent for adoption. This requirement of the RF IC complies with the Convention on the Rights of the Child and is a guarantee of ensuring the legal rights of the parents of the adopted child. 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 institution 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 the adoption process (in the latter case, it must be recorded in the minutes of the court hearing and personally signed by the parents (parent), and also reflected in the court decision). Parents have the right to revoke their consent to adopt a child before the court makes a decision on his adoption. Parents can give consent to the adoption of a child by a specific person or without specifying a specific person. Parents' consent to adopt a child can only be given after the child's birth. Adoption without parental consent is possible if:

Parents are unknown or declared missing by the court;

The parents were declared incompetent by the court;

The parents were deprived of parental rights by the court;

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

If the child is under guardianship (trusteeship), being raised foster family, then for his adoption the consent of the guardian (trustee) of the child, his foster parents or the head of the educational institution in which there is a child left without parental care. However, in accordance with Art. 132 of the RF IC, the court has the right, in the interests of the child, to make a decision on his adoption without the consent of these persons.

2. The child himself, who has reached the age of ten years. A document confirming the consent of an adopted child who has reached the age of ten years to adoption must be attached to the conclusion of the guardianship and trusteeship body submitted to the court on the compliance of adoption with the interests of the child.

3. The spouse of the adoptive parent, if the child is adopted by one of the spouses. The other spouse's consent to adoption must be expressed in writing. The spouse's signature on his written consent must be certified in the manner prescribed by law by a notary or other officials authorized to perform notarial acts. The spouse's consent to adoption is not required if the spouses have ended their family relationship, have not lived together for more than a year and the place of residence of the other spouse is unknown.

Adoption of children carried out in court. Cases regarding the establishment of adoption are considered by the court in a special proceeding according to the rules provided for by the Code of Civil Procedure. Participation in such cases by the prosecutor, the adoptive parents themselves, and the guardianship and trusteeship authorities is mandatory. The will of persons wishing to adopt a child must be expressed in a written application for the adoption of a child, which is submitted to the district court at the place of residence of the child being adopted. The application for adoption must indicate: Full name. adoptive parents (adoptive parents), their place of residence; FULL NAME. and the date of birth of the adopted child, his place of residence or location, information about the parents of the adopted child, whether he has brothers and sisters; circumstances justifying the request of the adoptive parents 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 (when adopting a child under the age of one year), to record the adoptive parents (adoptive parent) as parents (parent) in the birth certificate. The application for adoption must be accompanied by certain documents specified in the Code of Civil Procedure of the Russian Federation (a copy of the birth certificate of the adoptive parent - when adopting a child by an unmarried person; a copy of the marriage certificate of the adoptive parents (adoptive parent) - when adopting a child by persons (persons) who are married marriage; when adopting a child by one of the spouses - the consent of the other spouse or a document confirming that the spouse has terminated their family relationship and have not lived together for more than a year; a document confirming the registration of the citizen as a candidate for marriage; adoptive parents and some others.

Documents of adoptive parents - foreign citizens must be legalized in the prescribed manner. After legalization, they must be translated into Russian and the translation must be notarized.

When preparing a case for trial, the judge obliges the guardianship and trusteeship authorities at the place of residence or location of the adopted child to submit to the court a conclusion on the validity and compliance of the adoption with the interests of the adopted child. An application to establish an adoption is considered by the court in a closed court session.

The court, having considered the application for adoption, makes a decision by which it satisfies the request of the adoptive parents (adoptive parent) to adopt the child or refuses to satisfy it. When satisfying a request for adoption, the court recognizes the child as adopted by specific persons (person) and indicates in the court decision all the information about the adopted person and the adoptive parents (adoptive parent) necessary for state registration of adoption in the civil registry office.

A copy of the court decision on the adoption of a child is sent by the court within three days from the date the court decision enters into legal force to the civil registry office at the place where the court decision was made for state registration of the adoption of the child.

Adoption. Concept, meaning, procedure for adoption

Adoption is a legal institution designed to create a relationship between the adoptive parent and the adopted child that is closest to those that arise between parents and natural children.

Adoption is allowed in relation to minor children and only in their interests in compliance with the requirements of paragraph three of paragraph 1 of Article 123 of the RF IC, as well as taking into account the opportunities to provide children with full physical, mental, spiritual and moral development.

The adoption of brothers and sisters by different persons is not permitted, except in cases where the adoption is in the best interests of the children.

Adoption of children by foreign citizens or stateless persons is permitted only in cases where it is not possible to transfer these children to be raised in the families of citizens of the Russian Federation permanently residing in the territory Russian Federation, or for adoption by relatives of children, regardless of the citizenship and place of residence of these relatives.

Children may be placed for adoption by citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, foreign citizens or stateless persons who are not relatives of the children, after six months from the date of receipt of information about such children in the federal data bank on children left without parental care, in accordance with paragraph 3 of Article 122 of the RF IC.

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, at the time of adoption, had a criminal record for an intentional crime against the life or health of citizens;

persons living in residential premises that do not meet sanitary and technical rules and standards.

Persons who are not married cannot jointly adopt the same child.

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 Art. 127 of the RF IC and the interests of the child being adopted.

The age difference between the unmarried adoptive parent and the child being adopted must be at least sixteen years. For reasons recognized by the court as valid, the age difference may be reduced.

When a child is adopted by a stepfather (stepmother), an age difference is not required.

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 consent of the parents to adopt 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.

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

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

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 the RF IC);

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.

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

To adopt children in foster care, written consent from 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.

The court has the right, in the interests of the child, to make a decision on his adoption without the consent of the above-mentioned persons.

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

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.

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

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