The birth of their own child is beautiful, but not every family is given the chance to know this. In such a situation, the couple often decides to adopt. People who are able to have their own children can also take their baby into the family. In any case, it is necessary to understand how the adoption of a child occurs. This is far from the easiest process. It is necessary to prepare for it in advance. And further it will be told what difficulties potential adoptive parents may face.
What gives adoption
What process will citizens have to deal with? And what gives the adoption of a child?
As a result of the corresponding operation, the transfer of parental rights to adoptive parents takes place. After adoption, adults (adoptive parents) become legal representatives of children. In fact, they will be parents of minors, but not relatives.
After adoption, adoptive parents acquire parental rights and obligations in relation to the baby. This is a crucial step. And you need to prepare for it.
Unfortunately, in Russia it is not so easy to take a child into a family as it might seem initially. You will have to not only face serious paperwork, but also make sure that the adoptive parent meets the requirements established by law.
Who can take a baby
The adoption (adoption) of a child is currently not available to everyone. It is worth paying attention to the fact that only adult persons with full legal capacity have the right to implement this idea.
At the same time, they can:
- complete families;
- loners;
- citizens living in a civil marriage.
In the latter case, only one person in a couple can act as an adoptive parent. In fact, the adoption of a minor by a "parent" -one will happen.
It doesn’t matter if there are children in the family or not. But, as practice shows, if there are already minors in the cell of society, it will be much more difficult to take a non-native child into it. This is due to the requirements of the guardianship authorities regarding family income. The needy child will not be given up.
Who cannot become an adoptive parent
When adopting a child, each potential adoptive parent must bring along a number of documents, as well as fill out an application form. With its help, there will be a selection of children for the family. But we will talk about this a little later.
First you need to understand that not every citizen of the Russian Federation can become an adoptive parent. Under no circumstances can they take a minor into the family:
- persons with addictions (alcoholism, gambling, drug addiction and so on);
- incompetent;
- spouses, if one of them is legally incompetent (both fully and partially);
- deprived of parental rights or suspended from guardianship;
- citizens with a criminal record;
- Persons who have serious illnesses that pose a danger to society (such as tuberculosis);
- disabled people of 1 group.
In other words, sick and inadequate individuals cannot under any circumstances become adoptive parents. But this does not mean that a conscientious citizen of the Russian Federation has a 100% chance of taking a minor into the family. There are a number of conditions that create a lot of interference in the implementation of the task.
Important: children with Russian citizenship cannot be adopted by US citizens.
About conditions
The conditions for the adoption of children, as a rule, must be specified in advance. Otherwise, a person with almost one hundred percent probability will be denied the appropriate operation.
The thing is that the adoptive parent with the adopted person must have an age difference of at least 16 years. This is the first problem that modern Russian families face.
It is also worth paying attention to the following conditions for foster parents:
- Everyone who wants to take a child into the family should be trained at a school of foster parents. If the adoption is planned by a couple, both people from it must learn.
- Adopters should have good health and a biography. Disability or serious injury can interfere with the adoption of a child.
- Adoption is possible only by those who have decent earnings. The income requirements of applicants are put forward depending on the number of members in the family.
- In order to take a child from an orphanage or a baby’s home to his family, it is necessary to provide decent housing to the minor. For example, if potential adoptive parents have a small apartment, this may be grounds for refusing adoption.
Another point to remember is the pre-emption right of adoption. If the child has relatives, they are granted rights in the first place.
Based on the foregoing, the conclusion follows: only a respectable citizen who has good health, decent earnings and normal housing suitable for living with children can become an adoptive parent.
About the procedure
The procedure for adoption of children, as a rule, is judicial. That is, citizens will eventually have to go to court to get permission to take a child into the family. The decision of the authorized body will serve as the basis for the execution of children's documents with data on adoptive parents.
But how can one cope with the task? In general, the adoption of a child in the Russian Federation looks like this:
- Potential adoptive parents go to the maternity hospital, baby's home or orphanage, fill out a questionnaire there. With its help, children who meet the specified requirements will be selected.
- Citizens study at a foster parents school. It is best to do this in advance, even before applying to the authorized service.
- People planning to adopt a child collect all the necessary information for this task. About them will be discussed later.
- There is an acquaintance with the child and the study of data about him. This is an extremely important point. Adopters must make contact with the baby. Then the process will go with less problems.
- A lawsuit is being filed for adoption in court. The judge will make a decision on the basis of certificates prepared and submitted to the authorized body.
- In the hands of potential adoptive parents a court order is issued in the established form.
- There is a re-registration of children's documents in the registry office. The adoptive parents are issued a stamp certificate of adoption.
That's all. It sounds easy, but in practice it's a lot harder than it sounds. Cases on adoption of a child are considered by judges, and guardianship authorities and psychologists also participate in the process. If the guardianship considers the adoptive parents unsuitable, the judge will most likely refuse the adoption.
Important: if we are talking about the adoption of a child over 10 years old, you will have to be puzzled by the consent of the minor to live in a new family. To force such a person to go to foster parents or adoptive parents, no one has the right.
Documents for surgery - for parents
We have already considered the conditions for the adoption of a child or his adoption. And what documents are useful for carrying out the corresponding operation? As already mentioned, the corresponding process is accompanied by considerable paperwork.
As a rule, adoptive parents are required to:
- autobiography;
- certificate of criminal record;
- certificate of employment income;
- characteristics from the employer or from the place of study of a citizen;
- health certificates;
- documents confirming that a person has housing suitable for living with a child;
- statement of the established form (questionnaire);
- certificate of training at the school of foster parents;
- extract from guardianship authorities authorizing adoption (can be obtained by providing the above documents);
- passports of potential adoptive parents;
- certificate of marriage or its termination.
It is advisable to take the listed references along with their copies. Nevertheless, the originals should not be forgotten either. Without them, the lawsuit and application will not be considered.
Inquiries for adoption - for the child
It is also worth paying attention to the fact that the adoption of a child is a process that requires documents not only of potential adoptive parents, but also of a minor. The latter are prepared by the maternity hospital, shelter or baby house.
Usually, to achieve this goal, you need to prepare:
- birth certificates;
- parental denial of their rights to the child or the act of “throwing” the child into the shelter;
- medical certificate of minor health status;
- characteristics of a psychologist after a conversation with a child.
As a rule, this will be enough. If there is an emotional connection between the adopter and the adoptive parent and they become close to each other, the psychologist must indicate this fact. Then the judge is likely to allow adoption.
After the trial
What documents for the adoption of a child are necessary in a particular case, we found out. But what about after the court allows the adoption of a step-child?
Citizens need to apply for children's documents. To do this, you will have to contact the MFC or the registry office at the place of registration of the family.
Adopters should have:
- minor birth certificate;
- a stamp certificate of marriage or termination thereof;
- adoption judgment;
- applicants passports;
- application for the issuance of a certificate of adoption.
This stage, as a rule, is the least troublesome. There are almost no problems with him. As soon as the adoptive parents will have certificates of adoption with state marks, the operation can be considered complete in full.
If refused
We examined the procedure for adopting or adopting a child on the territory of the Russian Federation. In fact, in real life, achieving the desired result will be problematic if the family has an average or low income level.
If adoptive parents are refused adoption, they must substantiate the decision. On its basis, citizens decide how to proceed further - completely abandon the original idea or correct deficiencies, and then try to adopt the child again.
If you have any questions
Now it should be clear how to act in a particular case. If during preparation for adoption any difficulties arose, it is recommended to contact the guardianship authorities. They will definitely tell you what to do. Also, employees of the authorized service will be able to explain in detail under what conditions a citizen will be refused adoption.
How long should I wait
In time, the described processes take a lot of time. Sometimes people go to the adoption of a child for years.
However, if citizens have already filed a lawsuit, a decision will be made in about a month. Sometimes you have to wait a little longer or less than the specified period.