Some people think about what documents are needed to adopt a wife’s child . What is generally required to implement the task? What difficulties might new family members face? We will try to understand all this further. Without preliminary preparation, adoption is impossible. In some cases, citizens will not be able to realize the idea. Fortunately, in practice, adoption is most often quite realistic.
Grounds for the procedure
What documents are needed to adopt a wife’s child? Before you create a package of papers, you need to find out under what conditions you can cope with the task. Maybe you should not start?
Adoption is possible if:
- the "new" dad himself desires this;
- the adoptive parent meets the generally accepted requirements (we will talk about them later);
- the biological father of the child agrees to the waiver of parental rights.
Important: for the operation, the future stepfather must be officially married to the mother of the child. Otherwise, you can forget about further preparation. Civil (not registered in the registry office) marriage deprives the right to adopt.
Brief instruction
How to apply for the adoption of a child of a wife? This is not as easy as it seems. Especially if the biological father of a minor faithfully fulfills his parental duty.
If you present the operation briefly, you should adhere to the following procedure:
- Prepare a specific package of papers for the procedure. We will review the full list of components later.
- Request an adoption by the local guardianship authority.
- Get permission of the "guardianship" and the certificate of the established form.
- File an adoption claim with your local judicial authority.
- Execute documents for the child in the registry office after serving the court order.
It would seem that there should not be any problems. In fact, the operation under study is a lot of trouble.
When biopap consent is not required
As we have already said, in order to adopt a spouse’s child from a previous marriage, the consent of the baby’s biological father to the procedure is necessary. A child cannot have two fathers in Russia.
In some cases, consent is not required. When exactly? Here are situations in which you can bypass excess paperwork:
- the biological father is dead;
- the father of the child is found missing or dead;
- the woman initially did not register the minor on her father;
- the man was recognized legally incompetent;
- Dad is deprived of parental rights.
If the man is the legal representative of the minor, his consent to the operation being studied is required.
About Help Package
What documents are needed to adopt a wife’s child? To begin, consider the list of relevant securities in general terms. Next, we study the individual components in more detail.
Ideally, for the adoption procedure, citizens are required to extract the following:
- stepfather characteristic;
- certificate of marriage with the mother of a minor;
- consent of the biological father of the child to the operation;
- statement from a man;
- spouse's consent for adoption;
- certificate of criminal record;
- prescribed medical report;
- statements confirming the adoptive parent's income;
- autobiography;
- applicant's passport;
- birth certificate of a minor;
- medical reports indicating the state of health of the child;
- certificate "from custody" (issued on the basis of the extracts listed above).
Usually, there are no problems with the preparation of these extracts, especially if the adoptive parent has no criminal record and is a successful employee with good health.
Other references
We examined the necessary documents for the adoption of a wife’s child. These are mandatory components, without which to cope with the task will not work under any circumstances. What other papers might be required?
In some cases, the mother and stepfather of a minor are required to:
- judicial opinion declaring the biopap legally incompetent;
- statement confirming the deprivation of parental rights of the father of the baby;
- court ruling on the recognition of the former spouse as dead or missing.
This is usually enough. More specific information on special cases can be obtained from the local guardianship authority.
Citizen Autobiography
To adopt a wife’s child from her first marriage, an autobiography must be written. Without it, coping with the task will be problematic.
The document is written personally by the applicant. It usually indicates:
- information about a citizen of a personal nature;
- education information;
- data on work and income;
- information on the presence or absence of individual housing (it is desirable to enclose extracts of USRN);
- confirmation of the fact of marriage with the mother of the child;
- information about the situation in the family and about the existing relationship with the adopted;
- personal characteristics (state of health, administrative violations, criminal record, and so on);
- grounds for the operation.
It is worth remembering that an autobiography does not have an exact form. It is written in free form.
Statement of claim
What does a sample application for the adoption of a child's wife look like? "Claim" is extremely important paper. You can compose it with a notary or lawyer. On their own, they can also manage.
Ideally, the application for the adoption court should contain the following data:
- F. I. O. of all participants in the process;
- data on the past father of the child;
- information on marriages with the former and current spouse (in relation to the mother of the baby);
- personal data of the applicant;
- information about the presence of other children by the stepfather;
- data on the relationship with the adopted.
In fact, the lawsuit will fulfill the role of a kind of request. If the "custody" allowed the operation, the judge is unlikely to surprise with his verdict.
Important: to the statement of claim on the adoption of the wife’s child, it is necessary to attach documents confirming what was written.
In the registry office
Suppose that the court has authorized adoption and issued an order. Now what?
Next, you will have to apply for adoption. This is done at the local registry office or at the MFC. The applicant will have to have:
- court statement;
- passport;
- minor birth certificate;
- a certificate indicating the fact of marriage with the biological parent (in our case, with the mother) of the baby.
At the selected registration authority, the stepfather will have to fill out the application in the established form. It will allow you to re-register children's documents for a new parent.
For single mothers
What is needed to adopt a wife’s child? If we are talking about a single mother, we can hope for a faster solution to the task.
The list of documents for translating the idea into reality will be exactly the same as in the case of adoption if the child has two parents. The difference is that single mothers do not need the consent of the ex-spouse for adoption.
If the husband is against
We found out what documents are needed to adopt a wife’s child. But what if the underage biological father is against the process?
Here you can come across various layouts. For instance:
- The parent faithfully fulfills his obligations, and the child does not "burn with the desire" to change dad. In this case, either have to negotiate and persuade the father to agree, or abandon the corresponding idea.
- Dad copes with his parental obligations, but his stepfather is more involved in the life of the child. The minor does not mind / wants to see the potential adoptive parent in the role of his father. In this case, it is worth contacting the “guardianship” and obtaining adoption through the court. It will not be easy, but possible.
- The father does not participate in the life of the child, the minor is not against the appearance of the “new dad”. In this case, you have to go to court and try to deprive the biofather of parental rights. If it does not succeed, adoption is impossible.
- A man does not fulfill parental duties. For example, it has alimony debts. The lack of consent of such a parent is usually easily resolved through the courts. First, the deprivation of the parental rights of the biopapa is carried out, and then a decision is made regarding adoption.
It sounds easy, but in fact it’s problematic for a bona fide father to “take away” a child. In other cases, the deprivation of parental rights with subsequent adoption will resolve all issues.
Dates of consideration of cases
Suppose we figured out the documents. An application for adoption has been filed. Now what? How long to wait for an answer in a particular case?
"Custody" considers requests for adoption 10 working days. It is not as long as it seems.
The application for the adoption of the wife’s child in court is also studied within 10 days. Sometimes the procedure takes a month, but this is an extremely rare scenario.
Registration of the final documents "for the child" will take from 7 to 30 days. Usually in two weeks you can cope with the task without much hassle.
Ultimately, the entire adoption process can take from 2 to 6 months. Sometimes you have to spend more time to get the desired result. Especially if, along with the adoption, the biopap is deprived of parental authority.
Conclusion
We examined the documents for the adoption of a child of a single wife and not only. Apart from the consent of the biofather, forming a package of papers for the implementation of the task will not be difficult.
If everything is done correctly, the court will allow the adoption. After issuing certificates in the registry office, the applicant will become the official stepfather of the child.