You can take a child into the family until he is 18 years old. This procedure is available in the absence of parents or deprivation of parental rights. Foster parents receive a certificate of adoption, which confirms the responsibility for the child. The rules for its issuance are described in the article.
About the document
The certificate of adoption is the main document, which is a confirmation that the child is considered a member of the family. Naturally, he has tangible and intangible rights. The document also defines the rights of parents. To obtain it, you need to contact some authorities. The procedure itself is quite lengthy.
When papers are submitted to the registry office, the record of the adoptive parent as a parent is made. The sample certificate of adoption in each case is the same. The document contains:
- FULL NAME. adopted children.
- Date, place of their birth.
- FULL NAME. adoptive parent.
- His citizenship, nationality.
- Date, record number.
- Place of registration.
- Date of issue.
Parents can change the data. If the child is 10 years old, then changes occur only with his permission. Up to a year, the date of birth can be changed. Only changes should not be more than 3 months. If the child is over 1 year old, then you can’t change the date of birth.
Adopters can change the child's last name, place and date of birth. The procedure is performed under the secret of adoption. The new certificate is issued at the registry office after the trial, after which it will be considered valid.
What does the law say?
Now there are several documents that establish the conditions and procedure for adoption:
- Family Code of the Russian Federation. This document is considered the main on adoption issues, which is discussed in detail in chapter 19 of the document.
- Federal Law of the Russian Federation “On acts of civil status”. This document establishes the procedure for registering changes in marital status.
- Decree of the Government of the Russian Federation No. 27 dated 03/29/2000. The document indicates the procedure for monitoring the upbringing and living conditions of adopted children.
Familiarization with these documents will allow you to find out the procedure for adoption, requirements for adoptive parents. The rights and obligations of parents are also indicated there.
Requirements
The adoptive parent must meet the following requirements:
- Legal capacity and adulthood.
- Lack of mental and chronic ailments.
- Lack of criminal record.
- Adequate income.
- Availability of living space.
Only if all the requirements are met, a family can get a child to raise. Often due to the fact that the adoptive parent is not suitable according to these standards, he is refused. After all, a child should be registered with a family with normal living conditions. After the adoption procedure, the child will be considered a full member of the family. Between him and the adoptive parents appear the rights and obligations stipulated by law.
Compared to guardianship and guardianship, adoption is a great responsibility in which foster parents receive a full list of parental rights. The adoption certificate is considered a confirmation of the transfer of the child to the upbringing from the orphanage to the family.
Conditions
Responsibility for adoption issues lies with the guardianship authorities, but parental rights are granted to adoptive parents only on the basis of a court decision, where employees of guardianship bodies represent a party to the process.
The court may satisfy the claim or reject it with an indication of the reason. If the adoptive parent wins the hearing, then it becomes possible to obtain a certificate. When a court decision is issued, the adoptive parents acquire the same responsibilities as the biological parents.
Who provides the document?
After the trial, a copy of the positive decision is passed to the registry office, where the whole procedure is registered. Foster parents have the right to collect documents for obtaining a certificate of adoption. It is drawn up and issued by the registry office employee. This will require the presence of:
- Statements.
- Copies of the procedural document.
- Documents of both parents.
- Birth certificates.
The document can be obtained at any time. Civil registry authorities can not refuse this. Does the birth certificate change during adoption? This procedure is required because data changes occur.
Statement
To obtain a certificate of adoption, a handwritten application will be required. In the upper left corner, write the number and date of recording of the adoption certificate. In the upper corner, you need to indicate to which registry office the application is submitted and from whom.
In the middle, you must write an “Application for Adoption” and spell out a request arbitrarily. At the end, you need to specify information about the adoptive parents, as well as the signature. If the family is considered complete, then a signature is required from the mother and from the father.
Registration is carried out on the date of application. Then the registry office employee is given 2 weeks to issue a certificate of adoption of the child. When the document is ready, only adoptive parents can receive it. A birth certificate is issued during the adoption of a child, because a change in data will be required.
Important points
The adoption certificate form includes all the necessary information, which must be indicated. The statement needs to be told about the relationship with the adopted child. It should be noted that adoption is voluntary.
They need to talk about the living conditions of the family and write about the plan for raising a child. If he is over 10 years old, then adoption takes place with his consent. When this is withheld by parents, they should talk about it in their statement. Parents and the child need to undergo a medical examination, the results of which are stated in the statement. Results are valid for 3 months.
Documents
To obtain a certificate of adoption, the following documents will be required:
- Copy of the procedural decision.
- Passports
- Birth certificate.
- The conclusion of the medical board.
An identity document can be not only a passport of a citizen of the Russian Federation, but also a passport or official passport. After this, the adoption procedure is carried out.
Term
Before the meeting, adoptive parents should prepare the following documents:
- Help from the epidemiological service.
- A certificate confirming the absence of a criminal record.
- Form No. 9 of ZhEK.
- Bank statement.
- The conclusion of the medical board.
- Description and certificate of employment.
Each document has its own validity period. After the court, the decision is passed to the registry office, where the child is registered in a new family. The validity of the decision is 2 years. The certificate from the SES and the certificate of no criminal record is valid for 1 year, and the T-9 form and account statement - no more than a month.
The certificate of employment and characteristics are valid until the end of the calendar year. Before contacting the registry office, parents and the child must go through a medical commission. These results are valid for 3 months. After the end of this period, if the document has not been issued, the commission is required to be repeated. A birth certificate after adoption is also issued to parents, as changes have been made.
Reasons for refusal
Sometimes the registry office is denied the certificate. The reason may be errors in the documents provided by the adoptive parent, or lack of necessary papers.
Rejection of the application happens at the stage of consideration in custody or in court, this is associated with various factors. Typically, the refusal occurs when the adoptive parent does not comply with the requirements of the law.
Replacing a document
If the certificate is lost, it is restored. To do this, you will need to submit an application to the registry office, where the last document was issued. An application for a second certificate should be written. The application is accompanied by the passports of the parents, a receipt for payment of state duty, a document on the right to this certificate.
If, at the request of the parents, another person applies to the registry office, then they must draw up a power of attorney from him. If parents have some benefits, then they have the right to attach a confirmation to receive them. Employees of the registry office have the right to refuse to receive a duplicate of the adoption certificate for persons who are not considered official adoptive parents of the child.
Adjustment
During the court session, it is possible to consider the issue of adjusting children's information. If the adoptive parents have such a desire, the court will not interfere. The main thing is to take into account the age of the child. If he is over 10 years old, then they ask him for consent about whether he wants to be in this family and whether he agrees to change the data.
A positive decision is passed to the registry office, where information about the child will be stored. The body corrects and informs the registry office where parents can receive new papers. In order for a child to officially become a member of the family, obtaining permission from the court, submitting a petition to the registry office is required.
Many adoptive parents keep this process a secret, so most of them adjust the old birth certificate. Before the start of the process, an agreement is drawn up between future parents and employees of guardianship bodies, according to which the adoptive parents are obliged to raise and educate the child on the basis of the laws of the Russian Federation. Obligations are confirmed by a certificate, after which the child can be taken into the family.