The Family Code of the Russian Federation, Articles 140-144, approved the abolition of adoption, the grounds, procedure and legal consequences of a procedure that can only be done in court. Guardianship or prosecutors must be involved in the case. By decision of the court, the relationship between the children and the adoptive parents is officially terminated. Civil procedural law governs the presentation, consideration of claims for the abolition of adoption. The grounds, procedure, legal consequences will be described below.
Moral and procedural difficulties
In essence, parental rights are abolished after legal conclusion in the court of law on the abolition of relations between the parties, a reasonable cancellation of previous obligations is carried out. This means that the eligible party demanded the liquidation of the previous decisions, and the court granted the request to cancel the adoption on the grounds in a legal manner with consequences. Participants decide to start a similar procedure if there are reasonable and compelling reasons. They have to:
- go through the complexities of moral aspects;
- inflict an irreparable mental wound on the child;
- to withstand and answer all the unpleasant questions of the trial.
When the process of canceling adoption, the grounds, order, legal consequences should be carefully studied at the legislative level.
Who is involved in the termination of rights and obligations?
In order to exclude relations with children, in order to stop the performance of duties in relation to them, a lawsuit must be filed with the court, and a similar case has been started. The right to such requirements has a certain circle of persons:
- adoptive parents;
- adopted children;
- guardianship authorities;
- prosecutor's office;
- native mother and father.
In each case, the individual grounds for the adoption cancellation are taken into account, which have to be proved in court.
Foster Parent Requirements
Judicial practice shows a number of examples when cases were examined, where the initiators of the lawsuits were foster parents who could not stand the difficult tests. Adopt a strange baby into the family, a person with his own habits and character traits - this is not a dog or cat to take to satisfy his own ambitions and passions. Hence, there are good reasons and reasons for the cancellation of the adoption of a child:
- there is no opportunity to live together;
- lack of understanding;
- serious diseases are detected;
- inappropriate family behavior.
Often, adoptive parents simply do not withstand serious psychological troubles, responsibility, and additional worries. Therefore, they are conducting a thorough search of the legal grounds for the cancellation of adoption.
Powers of the adopted
The child is also entitled to terminate such family ties. His rights come from the age of 14. If he can earlier verbally convey his indignation at the attitude of the adoptive parents towards him to the guardianship authorities, then the matter can be corrected. The child receives full legal capacity after the 18th birthday, and at 14 only limited. The grounds for the cancellation of adoption are:
- non-compliance by foster parents with duties;
- avoiding proper maintenance;
- use of physical violence;
- inappropriate communication with humiliation.
The state, executive legal bodies will always take the side of the victim, especially when the interests of the child are behind this concept.
Actions of officials
By the nature of their activities, employees of guardianship and trusteeship bodies are especially often confronted with the procedure for canceling adoption, the concepts, grounds, procedures and consequences of the procedure. This body often has the burden of transferring children to different families. Before this, each member of the family and the chain of family ties are tested, trained. Unfortunately, nobody could immediately determine human nature. Adoptors come under regular control. In the first step, the newly formed cell is checked every month. Employees confirm positive:
- adaptation of the child;
- content;
- food;
- relations.
After full confidence that the child is in safe hands, the regularity of control is reduced. The specialist visits the family once every six months, at this time there are conversations with the adopted children in private without a guardian, so that they can freely talk about their situation. It can be revealed that:
- trustees do not cope with their duties;
- violate children's interests;
- offend minors morally or physically.
Any detected violation on the part of the adoptive parents in relation to the children will serve as a reason for the cancellation of the adoption of the child. The grounds, procedure, consequences of the procedure will be observed in the legislative regime.
How involved is the prosecutor's office?
The prosecutor's office is a regulatory body. This does not reduce its impact on many legal issues. The prosecutor does not belong to the executive branch. For example, he does not imprison citizens; this is the prerogative of the court. But it has a significant word in court and can initiate any petition or filing of a claim. This agency takes part in the activities of guardianship, or rather, control over their activities. If the guardianship officers neglect their duties, have not established the actual attitude of the adoptive parents to the children in time, it is the turn of the prosecutor's office to initiate the cancellation of adoption in court. The grounds, procedure and consequences will be taken into account at the meeting.
The trial will take place at a serious level, where misconduct on all sides will be clarified, and the court will pass the sentence.
The right of biological parents
Parents through time, going through deprivation or restriction of rights, can demand their return, no matter where the children are. A child can get a difficult adaptation in a foster family, accustomed to the way of life in it, the established schedule, conditions and requirements, will have to submit to new tests. Often, no matter how good the adoptive parents are, children are drawn to real relatives at any reasonable age. If the father or mother thought better of their time, cured of bad habits, passed the test in the competent authorities for the ability to raise their offspring under normal conditions - they are given a chance from the authorities. They become the initiators of the abolition of adoption. The grounds and procedure are strictly followed. As evidence of well-being, a voluminous evidence base is transmitted regarding:
- housing conditions;
- absence for a long time of bad habits;
- material wealth;
- official work or regular income.
Cancellation of the rights of adoptive parents by relatives of children is not considered in court. Uncles, aunts, grandparents must act through guardianship or prosecutors.
In what order is the liquidation of the relationship?
Without trial and investigation, it is impossible to cancel the adoption. It is established in the legislation that the court thoroughly understands everything and makes a final decision, which can always be appealed. Whatever party demands the revocation of the rights to paternity or motherhood, the grounds must be substantiated and documented. It is necessary to go through the procedural procedure, which begins with the submission of the statement of claim. The application shall indicate the reason:
- inability of adoptive parents to material support of children and proper maintenance;
- neglect of the duties taken in the harmonious, moral development of the child.
Each family leads an individual lifestyle. The grounds for the removal of the child are:
- irresponsibility;
- drinking alcohol;
- transfer to a permanent place of residence to other persons;
- lack of interest in education;
- health hazard detection.
Confirmation of each fact that the actions of the adoptive parents are unlawful is the basis for making the right decision in court. A similar procedure is assigned to interested parties in the termination of paternity or motherhood. The adoptive parents themselves may not have to attach evidence to the application, confirm the grounds, it is enough for them to simply indicate their refusal to adopt, that they cannot remain foster parents in the future. The court does not have the right to condemn motivation and forcibly oblige citizens to continue their duties in relation to children of others who have not become their own.
Verification of the grounds and consequences
In court, first of all, they consider observance and violation of children's interests in the process of adoption cases with the cancellation of the procedure. A thorough examination of the problems presented is conducted with the study of the arguments, a thorough analysis and adoption of the final decision. A sufficient reason to cancel the finding and raising a child in the family is the threat of:
During the trial, the facts are verified:
- regular medical examinations;
- education support;
- physical abuse;
- social and living conditions in the house;
- the availability of grocery sets;
- the state of space in various zones where the child lives, his bedding, toys, textbooks.
Children undergo a full medical examination, doctors give a detailed conclusion about their health, psychological condition, general development in accordance with age. When the court satisfies the lawsuit, from the moment this decision comes into force, the mutual relationship ceases, the child is placed in an orphanage, an orphanage.
Legal nuances
It should be noted that adoptive parents, guardians cannot be deprived of parental rights, only biological parents have this opportunity. For other citizens, there is a legal abolition of the duties and status of the adoptive parent. Therefore, when submitting a statement of claim, the application reflects the cancellation of previously established obligations.
Who is banned for?
Many citizens are dissatisfied with the bureaucratic procedure during the adoption process. The future foster family is under serious consideration, where it is checked:
- criminal record;
- health status;
- official work;
- Marriage registration;
- financial situation;
- living conditions;
- the size of the apartment.
If in social security they consider that the adoptive parents do not meet the requirements, the couple will receive a clear refusal. Single women and men are mostly denied adoption, although legislation does not focus on this condition. Lawyers convincingly advise people who have tarnished their biography with sexual harassment to better not get close to custody.