Not all couples can become parents. This leads to the fact that families are thinking about raising a step-baby. Someone is contemplating adoption after marriage to a person who already has children. In any case, in all these situations, it is necessary to take into account many features and nuances. Next, we will try to study the adoption of children in the Russian Federation. Who can and who cannot become the adoptive parent? Where to go for help? What documents to prepare? And where to get the paper for adoption? Answers to all this will help to bring the idea to life with minimal hassle. Unfortunately, not everyone is able to act as an adoptive parent. And even a conscientious citizen may be deprived of the corresponding right.
Who can be an adoptive parent
The procedure for adopting children provides for a huge number of nuances and key points. All of them must be observed, otherwise it will not work to take a step-child into the family.
Under the law, adoptive parents can be:
- married persons;
- citizens without a couple.
At the same time, kinship with a potential adopted does not play any role. They can take a baby upbringing:
- relatives;
- third parties;
- potential stepfathers and stepmothers.
Each scenario provides its own nuances. The procedure for adoption of a child can be observed only with significant timely preparation. Far from always conscientious residents of the country can act as a foster family. But why?
Conditions for adoption
It's all about the requirements put forward to adoptive parents. Today they are pretty tough. Sometimes giving birth to your own child is easier than taking a baby from an orphanage or baby's home.
In order for a person to be an adopter, the following conditions must be met:
- a citizen has reached the age of majority (or received emancipation);
- a potential adoptive parent should have a stable and decent salary, providing a living wage for a minor;
- the applicant has a permanent place of residence suitable for the child;
- potential adoptive parents should not have any dependencies and criminal record;
- the difference between the adoptive parent and the child is not less than 16 years;
- adoptive parents must attend foster parents' school (with the exception of close relatives);
- potential "parent" must have good health (in every sense);
- lack of bad habits.
These are the main criteria for the conditions that must be observed by citizens of the Russian Federation. In Russia, the adoption of children by foreigners is allowed. This technique is increasingly common, but it provides even more nuances.
Conditions for foreigners
It's no secret that you can adopt children from different countries. Outside of the Russian Federation, this is a fairly common practice. Moreover, it is often easier for a foreigner to take a non-native child into the family.
The procedure for adopting children by foreign citizens provides for the fulfillment of the requirements established in the Russian Federation regarding the adoption of foreign minors into the family. At the same time, the requirements for the adoption of the state of which the adoptive parent is a citizen must be fulfilled.
If a person has married a Russian, then the adoption process will be performed on "local" conditions. This is a fairly common occurrence, especially among couples where someone was a single parent.
How is the adoption of children? The procedure and conditions for the implementation of ideas in general is similar to actions for citizens of the Russian Federation. Only foreigners are subject to more prohibitions on the adoption of minors into families.
Who can not be an adoptive parent - for citizens of the Russian Federation
The adoption of children in Russia is a process that involves a huge number of restrictions and requirements. As already mentioned, not every person living in Russia can become an adoptive parent.
Do not have the right to act as adoptive parents:
- common-law spouses at the same time (but one of them may be the adoptive parent);
- persons whose difference in a child is less than 16 years old;
- citizens with a criminal record;
- people suffering from certain addictions and registered in specialized dispensaries;
- a person who suffers from mental illness;
- persons who have ever committed a serious crime (moderate or severe);
- people deprived or limited in parental rights;
- citizens who do not have a place of residence (including rental);
- low-income families;
- candidates for adoptive parents whose housing does not meet the standards for minors living in it.
As a rule, adequate people with decent earnings and the absence of problems with law enforcement agencies can easily become a foster parent. In practice, the conditions and procedure for adoption of children are monitored very carefully by the guardianship authorities. Often earnings and housing make adoption impossible.
Restrictions for foreigners
Now consider the main restrictions on the adoption of non-native children in families for foreigners. It is only about the criteria applicable by the Russian Federation. In addition, each state has its own restrictions for adoption.
So, foreigners who have encountered the following restrictions cannot become a foster parent:
- same-sex marriage;
- who are citizens of countries where gay marriage unions are permitted;
- lack of permanent residence;
- low income;
- health problems;
- a small age difference between the adoptive parent and the adopted child (less than 16 years old);
- a person has a criminal record;
- deprivation of parental rights or their restriction;
- having serious diseases (malignant tumors, tuberculosis, and so on) that create interference and the danger of a child living in a family.
In addition, a foreigner (with the exception of a close relative of a minor) must be trained at a school of adoptive parents in accordance with the requirements of the Russian Federation and his state. Otherwise, acting as an adoptive parent will not work.
For adoption of children of the wife / husband
Many are interested in the procedure for adopting a child by a wife or a new spouse. This is a fairly common occurrence. Sometimes even fathers are involved in the corresponding procedure.
In order to adopt the child of the spouse (a), it is necessary not only to meet the previously established criteria, but also to prove kinship with the minor. Then the procedure for establishing paternity will be carried out.
If the stepfather adopts the child of the spouse, it is necessary:
- enter into an official marriage between the parent of the minor and the adoptive parent;
- obtain the consent of the second parent to the procedure.
The only exceptions are situations in which the second parent was deprived of parental authority. Then for the adoption, the permission of the spouse-parent is required.
Where to look for children
The procedure for adopting children on the territory of the Russian Federation is understandable and simple, but at the same time, the operation creates many problems for foster families. Where to look for a child for adoption?
You can contact:
- orphanages;
- maternity;
- baby houses;
- specialized groups that help people look for children in the previously adopted places for adoption (aid funds).
In addition, sometimes minors are adopted "by acquaintance" or because of the marriage with a person who already has minor children.
The order of circulation - adoption from special institutions
Are you planning to adopt children? The conditions and procedure for the implementation of the task require preliminary preparation. How to become an adoptive parent?
The adoption procedure for children provides for the following instructions:
- To prepare the documents necessary for acting as foster parents.
- Find a child whom I would like to adopt into a family. This can be done with the help of aid funds or the organizations indicated above. At this point, you have to write an application for the selection of children with selection criteria.
- Read the documents for the child.
- Get to know a minor. At this stage, the main thing is to establish contact with the adopter.
- Submit application for adoption.
- Take part in the hearing. During it, the guardianship authorities and the court will consider the adoptive parent, as well as make an adoption decision that does not contradict the interests of the law and the child.
- Get a resolution authorization for adoption.
- Renew documents for the child in the registry office and other organizations.
It would seem nothing difficult. But the procedure for adopting children in Russia causes a lot of problems and troubles. This is especially true of the stage of preparation of documents or adoption of a child's spouse.
The order of circulation - we become the adoptive parent of the husband / wife’s child
The procedure for adopting a child by the stepfather causes even more problems than accepting a minor to be brought up from an orphanage. Why?
This is due to obtaining approval for adoption from a biological parent who does not live with the child. This moment causes a lot of problems.
In general, the adoption procedure for the children of the spouse (a) looks like this:
- Marry a child’s parent. Adoption by cohabitation is not possible.
- Prepare certificates proving the right to adoption.
- Obtain permission from both parents for the procedure.
- Apply to the guardianship authorities with an appropriate petition. Here they must give permission for the operation.
- File a lawsuit for adoption in court.
- To get the decision of the judicial authority recognizing the plaintiff as an adoptive parent.
- To reissue documents for a minor.
It is done. Judicial adoption of a child is normal. It is not necessary to be afraid of him; the meeting will have nothing to do with crimes. During the trial, the situation of adoptive parents will be evaluated, as well as the interests of minors and their legal representatives will be protected.
Adoption of a child
We have already studied the conditions and procedure for adoption of children in the territory of the Russian Federation. But what if a person wants to adopt a child?
To do this, you will have to carry out the recognition of paternity. This is done through the courts. The plaintiff may be both the mother of the minor and the father.
In general, the algorithm of actions will be as follows:
- Prepare statements confirming kinship with the child. It can be a variety of documents - examinations, tests, and so on.
- To apply to the court with a claim for recognition of paternity and adoption.
- Get a court statement on the establishment of paternity, as well as permission to conduct an adoption.
- To reissue documentation for a minor.
As a rule, this scenario is ideal when the couple live together, but for one reason or another, the mother of the child initially registered the minor in the registry office as a single mother. If the spouses are cohabitants, and also the father has a criminal record / dependence / was previously deprived of parental authority, it will be difficult, sometimes impossible, to cope with the task.
Documents for the procedure
The adoption of children we studied. As already mentioned, the preparation of documents plays a huge role in the entire operation.
What do adoptive parents need to bring with them? Typically, these are the help:
- passports
- certificate of marriage or divorce (if any);
- characteristics from the applicant's place of work;
- income statements;
- the results of the assessment of housing on the suitability of the child to live there (taken in custody);
- documents on property rights to housing (or certificates confirming the availability of a rented apartment);
- extracts from dispensaries - neuropsychiatric and narcological;
- health certificates of the applicant;
- permission of the guardianship authorities for adoption (submitted to the court, after the selection of the child in the orphanage);
- application for the selection of a minor;
- certificate of completion of studies at the school of foster parents;
- statements of no criminal record.
That is far from all. An important role is played by the child’s documentation for the entire operation.
Important: if the adoption of the children of the spouse (a) occurs, they additionally require:
- certificates on the deprivation of the second native parent of the powers of the legal representative of the baby;
- permission of the husband / wife for the operation;
- consent of the second parent of the child for adoption.
In reality, everything is simpler than it seems. If a person adopts a child and establishes paternity, he will have to confirm the relationship. Let's say the results of a DNA test.
Documents for the child
The procedure for adopting children in Russia provides for the preparation of documents for a minor. They are represented by orphanages, baby homes or close relatives of the adopted.
During the adoption, you must take the following:
- birth certificate (if any);
- the act of admission to the orphanage / baby house;
- certificates of parental abandonment of the child;
- refusals of close relatives to be registered as trustees (or permission of the child’s relatives for adoption);
- medical report on the state of health of the minor;
- a description of the psychologist;
- personal file of the minor (if any).
Are you planning to adopt children? The conditions and procedure for the implementation of the task are accompanied by significant paperwork. And because of this, the operation is delayed.
Where to get documents
Many are interested in the direct preparation of certificates for adoption. This is an extremely important point for the entire operation.
Here are some tips to help you get the help listed above:
- Passports, certificates of marriage and divorce are kept by citizens. An identity card is first issued at the Federal Migration Service at the age of 14, and then exchanged without fail at 20 and at 45. Certificates "about the wedding" or divorce are issued at the registry office.
- Statements of income can be taken from your employer or made independently (for individual entrepreneurs). They also take characteristics from the place of work.
- Statements of health status are issued after medical examination or undergoing a separate physical examination in any public or private clinic.
- Inquiries from a psychiatrist and narcologist can be obtained at specialized dispensaries in the community.
- Statements on property rights or rental housing should be in the hands of a citizen. Title documents for real estate can be ordered in Rosreestr, MFC or through the "State services".
- Certificates of no criminal record are issued at the Ministry of Internal Affairs by registration or by contacting the MFC, with the help of the State Services service.
- A permission for adoption from a spouse or second parent of a child is issued at a notary public.
- Certificates of deprivation of parental rights can be obtained only through judicial debate.
In addition, you must obtain permission from the guardianship authorities for the operation. To do this, you need to contact the appropriate service, and then, on the basis of the above certificates, pick up the extract. The procedure for adopting a child from a baby’s house is simpler than adopting a child’s spouse.