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In the event of divorce, the child remains with one of the parents. The second one retains responsibilities for material support and is responsible for the child’s education. However, often a man does not seek to maintain a relationship with a minor. And the mother is taking measures to improve her personal life. If a woman remarries, her husband can adopt the child. This situation corresponds to children's interests. Let's look at how the adoption of a wife's child from her first marriage proceeds.
What is child adoption
Adoption is one of the ways to foster a child whose parents (one or both) are not fulfilling their responsibilities. In this case, adopted children receive the same legal status as their biological relatives.
This means that parents are endowed with all the rights and responsibilities provided for by law and can represent the interests of the child. New family members are considered close relatives in the meaning described by the law of the RF IC, Article 14, including receiving the right to inherit. The children's property goes into common use.
Adoptive parents have the right to change the first name, last name, date and place of birth of the child. All his blood relatives are no longer considered close to him, and they are forbidden to communicate with him. An adoption can only be canceled by a court decision.
The secrecy of adoption is protected by the RF IC, Article 139. The secrecy of the adoption of a child by law. Officials involved in the procedure do not have the right to disclose its details.
Procedure
The adoption procedure may have some differences in different regions, so you should find out the exact number and contents of all documents directly in your city. You may also encounter certain difficulties if a citizen of another country acts as an adoptive father.
Thus, after a woman is married and permission to adopt a child is received, it will be necessary to collect documents, and at the same time undergo a medical examination and visit a huge number of different institutions. After this, you need to apply to the court for adoption. You will have to obtain a certificate from the guardianship council stating that the citizen has all the necessary qualities to become an adoptive father. Next, the trial itself is conducted, and a decision is made accordingly.
Who can adopt a child
The IC of the Russian Federation can become an adoptive parent, Article 127. Persons who have the right to be adoptive parents are a person of any gender if he:
- adult;
- capable (and if married, then the spouse must also be capable);
- has a permanent place of residence and income to provide the child with a living wage;
- completed training at a school for foster parents;
- not previously deprived of parental rights, not removed from the duties of a guardian, not a former adoptive parent whose status was canceled through the court;
- does not suffer from diseases A list of diseases in the presence of which a person cannot adopt a child, take him into guardianship (trusteeship), take him into a foster or foster family, preventing adoption - read more about them further;
- has not been convicted of crimes against sexual integrity, life and health, freedom, honor and dignity of the individual (exceptions - illegal hospitalization in a mental hospital and slander), family and minors, public health, public morality and safety, as well as for serious and especially serious crimes ;
- is not in a same-sex union.
It is not necessary to be married. If a person is in a registered relationship, his spouse does not have to adopt a child with him. But you still have to get consent for this from him. But two unmarried people cannot adopt the same child.
The age difference between the adoptive parent and the adopted child must be at least 16 RF IC, Article 128. The age difference between the adoptive parent and the adopted child is years. However, the court may disregard this rule in the interests of the child. If he is adopted by his stepfather or stepmother, the norm does not apply at all.
The court may be sensitive to the health status, income level or lack of training at school of the adoptive parents if the child already lives in the family. All this, except for health, is also true for cases when someone wants to adopt a spouse’s children from a previous marriage.
If several people apply for a child, priority will be given to a close relative. Citizens of the Russian Federation also have an advantage. Foreigners - except Americans Federal Law No. 272-FZ dated December 28, 2012 - can adopt Russian children. But only those who have not found local parents within a year from the date information about them entered the federal data bank.
Statement of claim
Since only a court can give permission to carry out this procedure (except in cases where the biological father is not registered in official documents), you will need to draw up a statement of claim.
A sample of this document looks like this:
In 2021, when compiling it, you need to take into account the following:
- in the application, the stepfather asks the judge to appoint him as the adoptive parent of his wife’s children, and also to change their surnames (if desired);
- it should be indicated that the stepfather has housing suitable for the child and has the financial ability to support him;
- It is necessary to register where the father is and whether he has given official consent.
The lawsuit also states the reasons why the husband wants to adopt his wife’s child from his first marriage. It is best to indicate the following factors:
- marriage with the child's mother;
- living together with the baby, establishing a trusting relationship with him;
- consent of the minor to this action;
- lack of resistance on the part of the biological father (or specify factors that are sufficient grounds for depriving him of parental rights).
The document should avoid obscene words, swearing, and literary expressions. A concise and accurate presentation of information is encouraged, without unnecessary words and fluff. This document is filed with the district court.
When can a child be adopted?
If his only or both parents:
- died or were declared dead in court;
- recognized by the court as incompetent or missing;
- gave consent to adoption;
- unknown;
- for unjustifiable reasons, they avoid raising a child and do not live with him for more than six months.
The law prohibits the RF IC, Article 123. The arrangement of children left without parental care to adopt brothers and sisters into different families. The exception is if for some reason they cannot be raised together. For example, one of them is sick, which jeopardizes the health of the others.
A child over 10 years old must give his consent to you to adopt him, Article 132. Consent of the child being adopted.
How to adopt a child
Take training at a foster parent school
Stepfathers and stepmothers, close relatives and those who are not adopting their first child can skip this point. For others, training is mandatory. The courses are organized by guardianship and trusteeship authorities. They help to understand whether potential adoptive parents are ready for such a serious step, and teach children to adapt to a new life with minimal damage to the psyche.
You can find a school for foster parents by contacting the guardianship and trusteeship authorities or online. Based on the results of training, students are given appropriate certificates.
Pass a medical examination
You must have a certificate of absence of diseases that may become an obstacle to adoption. This is about:
- respiratory tuberculosis in the first and second groups of dispensary observation;
- infectious diseases until stable remission occurs;
- oncological diseases of the third and fourth stages, as well as the first and second - before radical treatment;
- mental disorders and behavioral disorders until the termination of dispensary observation;
- drug addiction;
- substance abuse;
- alcoholism;
- diseases and injuries leading to the first group of disability.
The result of the examination should be a medical report in form No. 164/u.
Get permission to adopt
The guardianship authorities must check you and make a verdict: can you become an adoptive parent? To start the process, you need to contact the department with a package of documents, Decree of the Government of the Russian Federation dated March 29, 2000 No. 275, which will include:
- a free-form application indicating your full name, passport details, information about people registered in your home, and information about no criminal record;
- a short autobiography in free form;
- certificate of training at a foster parent school, if required from you;
- a document confirming your income for the last 12 months, for example a 2‑NDFL certificate;
- medical certificate in form No. 164/u;
- a copy of your marriage certificate, if you are married.
When a spouse plans to adopt a child, each of them must submit such a package of documents.
You can submit the papers in person or through the State Services portal, if possible in your region.
Guardianship officials will check the documents and the veracity of the information contained in them. They will then come to your home to assess your living conditions. If everything suits them, you will be given a conclusion about the possibility of being an adoptive parent. It is valid for two years.
Register as an adoptive parent
This must be done with the guardianship and trusteeship authorities. You will need proof of identity and a certificate of suitability to be an adoptive parent. You must also fill out an application and questionnaire on site.
Find a child you want to adopt
If we are not talking about a stepson, stepdaughter or blood relative, a child will have to be found for adoption. This can be done online - in the federal data bank or in the regional ones, which the guardianship and trusteeship authorities will tell you about. There you can be introduced to children in absentia and offline.
You will be provided with personal information and photographs of candidates for adoption. If any of them are interested, they will show all the documents, including a medical report. You have the right to organize an independent medical examination if you want to double-check the data.
In addition, you will be given a referral to visit your child. The meeting will take place in the presence of a guardianship officer. If you and the child like each other, move on to the next stage.
Apply for adoption to the court
It is necessary to contact the district court at the place of residence or location of the child. The statement of claim shall indicate the Code of Civil Procedure of the Russian Federation, Article 270. The contents of the application for adoption are as follows:
- Full name of the adoptive parents, their place of residence;
- Full name of the child, information about his date of birth, place of residence, presence of brothers or sisters;
- the circumstances why potential parents are asking the court for adoption;
- a request to change the surname, first name, patronymic, place and date of birth of the child, to record the adoptive parents (adoptive parent) as parents (parent) in the birth certificate.
The following must be attached to the claim:
- a copy of the adoptive parent's birth certificate, if he is not married;
- a copy of the marriage certificate if the adoptive parents are married;
- consent of the spouse to adoption if his partner intends to become an adoptive parent;
- medical report on the health status of the adoptive parents;
- document confirming income;
- a document confirming the right of the adoptive parent to live in the apartment or house where he intends to bring the child;
- certificate of education at a foster parent school (if necessary);
- a document confirming the registration of the adoptive parent in this status.
Take your child home
The court decision comes into force 10 days after it is made. However, in some cases, a copy of it may be issued immediately after the meeting. With this document, as well as passports, adoptive parents can pick up the child from the institution where he lives.
Register the adoption at the registry office
With a court decision that has entered into force, you must contact the civil registry office at the place of residence or the court hearing. The following must be attached to the document:
- passport of the adoptive parent (or passports, if there are two of them);
- child's birth certificate.
This can be done in person or through State Services.
The registry office will issue a certificate of registration of adoption and a new birth certificate if changes need to be made to it by a court decision.
Is the child's consent required?
An important part of the procedure is agreeing on the design with the child himself. If he has not reached his 10th birthday, his opinion will not be heard in court. After 10 years, the child’s position will be taken into account and if there is disagreement, the man will not be able to become an adoptive parent.
Starting from the age of 14, the meeting procedure involves calling the child and hearing his opinion.
For this reason, it is so important to obtain the preliminary consent of the child, and if the spouse has several, obtain the consent of everyone who has reached the age of 10.
When can an adoption be canceled?
The child himself, if he is over 14 years old, his adoptive or biological parents, guardianship authorities or the prosecutor can demand cancellation of adoption. Social services will intervene in the RF IC, Article 141. Grounds for canceling the adoption of a child if the adoptive parents do not fulfill their duties, abuse their rights, are sick with alcoholism or drug addiction, or abuse the child.
Cancellation of the status of adopted children after they reach the age of majority is not allowed. An exception is when the child himself, his adoptive and biological parents agree to this, if they are alive, capable and not deprived of parental rights.
What other forms of family placement are there?
Adoption is not the only way to take a child into a family. There are others too.
Guardianship and trusteeship
We are talking about the same phenomenon, only the first concerns children under 14 years of age, and the second - from 14 to 18. This status gives the right to raise a child and represent his interests. Guardians and trustees are obliged to control how children's property is used so that it is safe, but they themselves do not have the right to dispose of it.
Guardianship and trusteeship are usually provided free of charge. At the same time, money is paid for the maintenance of the child and compensation for housing and utility costs. A guardian or trustee can be one person. In rare cases, these are two spouses.
Adoptive family
This is the same guardianship or trusteeship, only the adoptive parents are also paid a fee. There can be no more than eight children in such a family, including biological relatives.
Foster care
Not available in all regions. This is guardianship or trusteeship on a paid basis, just like a foster family. Only the agreement on this is concluded for a period of three months to a year. Foster care is used if other forms of placing a child in a family are impossible.
Results
Among persons who take in a stepchild, the most payments are available to adoptive parents.
They, like guardians/trustees and adoptive parents, can claim a one-time payment for the very fact of accepting a child. Like any person raising children (both natural and step-parents), adoptive parents have the right to paid parental leave. And just like ordinary parents, they have the right to take advantage of maternity capital and monthly payments intended to provide financial support to low-income families having their first or second child. One-time benefits related to the birth of children are not available to adoptive parents, but payment for the second half of maternity leave is possible in the situation of adopting an infant. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
What to remember
- The adoption process looks simple on paper, but in life it is much more complicated. Perhaps this is not so bad, since potential parents have time to test their motivation and confidence in their actions.
- There are other ways to place a child in a family, in which the state will share some of the costs with you. You should not discount these options, especially if the child is already an adult and there will be no secret from his adoption. Just weigh the pros and cons.
After the court ruling
- What is the difference between guardianship and adoption: differences and design features
Receiving approval from the court does not mean the end of the process. It is necessary to wait for the resolution to come into force. Documents can be reissued after the 10-day period specified by law for filing an appeal has expired.
Within three days, the court will organize the transfer of papers to the registry office, where the spouses will be able to receive new documents for the children, including updated information about the court, and a record of the presence of children in the passport.
