Adopting a stepchild into a family in the Russian Federation is a complex and responsible process. In addition, it takes a lot of time, requires patience and, to some extent, persistence on the part of applicants. First of all, you will need to collect documents for the adoption of a child. This is a voluminous package of papers, among which it is easy to get confused.
A complete and detailed list of them is contained in Decree of the Government of the Russian Federation No. 275, approved on March 29, 2000. And the general aspects of adoption are discussed in detail in Chapter 19 of the Family Code (FC).
Download for viewing and printing:
Family Code of the Russian Federation No. 223 Federal Law ed. 12/30/1995
Stages of the process of accepting a child into a family
There are different types of adoption.
They are designed differently. The required package of documents also varies. According to family ties, adoption is distinguished:
- in general terms - a step-child;
- son or daughter of the spouse.
By citizenship:
- citizens of the Russian Federation;
- foreigners.
Attention: the procedure for accepting children with Russian citizenship into families of foreigners is regulated by:
- Articles 124, 165 SK;
- Chapter 29 of the Civil Procedure Code.
Download for viewing and printing:
Civil Procedure Code of the Russian Federation dated November 14, 2002 N 138-FZ (as amended on December 19, 2016) (with amendments and additions, entered into force on January 1, 2017)
General adoption
This process, from the point of view of document selection, is divided into two large stages:
- Registration with the guardianship and trusteeship authorities (TCA) as those wishing to become adoptive parents.
- A court hearing in which the actual issue of adoption is decided.
Important: in practice, between these stages, other major work is carried out:
- education;
- meeting kids and more.
Applying for guardianship
The process of accepting a child into a family begins with an initial application to the OPP.
An initiative application must be submitted to the government agency operating in each city and district. Its essence boils down to the fact that citizens want to become adoptive parents and are ready to take in an orphan. The structure of this paper is as follows:
- name of the body;
- personal information of candidates for adoptive parents;
- child’s details (if known);
- the reasons that prompted the candidates to take such a responsible step.
Documents for initial application for guardianship
- Autobiographies of candidates.
- Medical report in form No. 542 on the state of health of each person (taken at the state clinic where citizens are registered).
- Information on income from the place of duty, including information about the position held.
- Characteristics from the place of service (or from the deputy at the place of residence).
- Housing information including:
- form of ownership or tenancy;
- a detailed extract from the house register;
- copies of personal invoices for services.
- Certificate of marriage or separation.
- A certificate stating that candidates have no criminal record for crimes aimed at harming health or taking a person’s life (issued by internal affairs bodies).
- Copies of civil passports.
Important: the medical document is valid for only three months. It should be completed last.
How to get a health certificate
One of the most difficult moments is going to the clinic. You will have to visit specialists’ offices and visit the laboratory more than once. You must have the results of the following tests:
- blood: general;
- special for AIDS, syphilis and some others;
A number of medical professionals must examine the candidates and render a verdict. These include specialists in the field:
- psychiatry;
- narcology;
- infectology;
- dermatology;
- oncology;
- neuropathology;
- general medicine (therapist).
Attention: the final document is filled out by each doctor separately. In addition, it must be certified by the chief physician of the medical institution, whose signature is affixed with a seal.
Judicial consideration of the adoption case
After candidates for adoptive parents are registered and have met a girl or boy, they need to initiate a legal process. Article 125 of the Family Code establishes that the adoption of a child into a family as a family member is carried out exclusively by decision of a judicial authority.
- The claim describes in detail the reasons and evidence for the possibility of placing the selected child in the family.
- It is mandatory to note that all his rights will be registered with the registry office.
- The following are attached to the claim:
- marriage (or divorce) certificate;
- consent of the spouse to the act of adoption;
- all the above documents (as in guardianship);
- a certificate from the OPP on the registration of candidates for adoptive parents;
- Confirmation of completion of training (if available).
Important: the package of documents should be prepared in two copies. Copies of papers, if originals are not provided, must be notarized.
Nuances of consideration of the case by the court
The following must take part in the meeting:
- candidate parents;
- prosecutor's office;
- OPP.
The guardianship prepares for the meeting a conclusion on the compliance of the adoption act with the interests of the baby (clause 2 of article 125 of the IC, part 3 of article 272 of the Code of Civil Procedure). If the court makes a positive decision, a copy of it is sent to the registry office within three days from the date of entry into force.
Hint: As a rule, before the court hearing you have to undergo a medical examination again.
Adoption through court. The court's decision
At the end of the hearing, the judge will announce his decision. According to the norms of the Civil Procedure Code, first
the summary part is announced, that is, the result itself. The final decision is prepared within 5 days. And it will come into force only in a month, if there is no appeal .
What the judge can decide:
- satisfy the application in full;
- satisfy only part of the requirements (for example, he may not allow changing the day or place of birth of the baby);
- refuse the applicant.
If there was a refusal, and the applicant believes that all the documents were presented and the decision is illegal, then a maximum of 10 days after the final version of the decision is drawn up, an appeal can be filed (a complaint against the decision to a higher court).
Adoption of a spouse's child from a previous marriage
If the new spouse wants to register the son or daughter of his wife (husband) as his own, then the process is intra-family in nature. Its course depends on the current situation:
- Upon the death of the second parent: it is necessary to file all of the above documents with the court;
- obtain the official consent of the current spouse.
- carrying out the procedure in a general manner;
Attention: the second option (establishing paternity) is simpler and faster. But it should be remembered that it is impossible to refuse such a decision by law.
- If a minor has a second parent, but the couple has broken up, then you will have to ask for his consent to adoption. The procedure is possible only when this person voluntarily renounces his rights.
Attention: the consent of the natural father (mother) is not required if he was deprived of the right to raise a minor in court.
Adoption of Russian children into foreign families
Foreign citizens declare their desire to adopt a small citizen of the Russian Federation through:
- regional departments of social protection;
- federal operator of the state data bank.
They need to collect the following papers:
- Personal statement of desire to become an adoptive parent.
- Questionnaire.
- Notarial obligations:
- that the baby will be registered at the Russian Consulate;
- on non-obstruction of authorities monitoring the living conditions and upbringing of children,
- Civil ID card (copy).
- Certificates from authorities performing functions similar to the PPP in the applicant’s home country. The document must confirm that this citizen has living conditions for a minor. Photographs are attached to the conclusion.
- Obligation of government agencies of the country of residence to carry out control:
- in a regular manner, the conditions of keeping and raising children;
- registration of the adopted child with the consular authorities of the Russian Federation.
- A document confirming the competence of the body that issued the above papers (copy).
Download for viewing and printing:
Sample application from a citizen who has expressed a desire to become a guardian or trustee or to accept children left without parental care
Important: in addition to foreigners, the above documents are required to be provided by Russian citizens living abroad on a permanent basis.
Papers for the adoptee
At the court hearing, the issue of adoption is considered comprehensively. This means that you need to provide documents characterizing the baby. Preparing a package of papers is the responsibility of:
- an employee of the institution in which the minor is located;
- guardianship authorities.
In 2021, the list of documents has not changed. These include:
- A detailed medical certificate about the state of physical and mental health of the adoptee.
- Documents confirming the baby’s ownership rights (if available).
- Information from the house register.
- Information about natural parents. It may have this form:
- application for permission to adopt;
- court decision on deprivation of rights in relation to the adoptee;
- death certificate;
- a certificate from the registry office stating that the father is indicated according to the words of the mother;
- the act stating that the adopted person is a foundling.
- Birth certificate of the adoptee.
Important: when considering a case against a minor over 10 years old, his written consent is required.
Medical documentation
Separately, it is necessary to talk about the medical documents required for the adoption of a child.
For the adoptive parent
A person wishing to adopt a child must undergo a special medical commission and provide a medical commission conclusion on a special form. The conclusion must include the following information:
- name of the medical report;
- date of document preparation;
- name of the medical organization that issued the document;
- name and address of the guardianship department that requested the medical report;
- information about the potential adoptive parent;
- floor;
- Date of Birth;
- location;
- information about the presence (or absence) of diseases that are an obstacle to adoption;
- signatures of all members of the medical commission.
Sample medical report for the adoptive parent
For an adoptable baby
A child who wants to be adopted must also undergo a medical examination. Based on its results, a medical report is drawn up, which should include the following information:
- name of the medical organization that issued the conclusion;
- form number;
- document's name;
- information about the child (his full name and date of birth);
- the name of the medical or social institution where the baby is located;
- anamnesis;
- information about the baby's mother;
- Father's name (if known);
- if available, information about the child’s brothers, sisters, and other relatives;
- all diseases that the child has suffered from the moment of his birth;
- main diagnosis (if any) established during the examination;
- if any, concomitant diagnoses;
- doctors' recommendations;
- signatures of all commission members;
- date of examination and “live” print.
Sample medical report for a child
Preparing all the documents necessary for adoption is a long and complex process. Often, institutions authorized to issue certain certificates, extracts, certificates often delay the preparation of documents, create artificial difficulties for applicants, or even refuse to issue a document on far-fetched grounds.
PLO employees are obliged to help potential adoptive parents in collecting documentation, but sometimes they do not strive to help the applicant, sometimes they simply do not have enough time for this.
In such a situation, the only way out is to seek help from an experienced family lawyer. Our website specialists can provide a free initial consultation on an issue that interests you. They can also tell you what documents will be needed in your particular case, and will help you fill out the necessary request or other document you need.
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Author of the article
Natalya Fomicheva
Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.
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Who can apply for the role of an adoptive parent?
Government bodies (court, OPP) are picky about the choice of new parents for children. There are a number of requirements for candidates to whom they must advise. These include:
- Having a permanent place of residence. An apartment (house) must meet sanitary requirements in order for children to live in it normally.
- The fact that the candidate has a source of income that exceeds the total subsistence level of the future family.
- Satisfactory state of health (absence of fatal or serious life-threatening diseases).
- No criminal record.
- Coming of age.
Factors that negatively influence the decision of the judicial authority include:
- Information about negative experiences related to guardianship or adoption in the candidate's past.
- Deprivation of this person's parental rights in relation to their own children.
- Low income level.
- Lack of a place of duty and other sources of permanent financial income.
- Recognition of incapacity.
Attention: if two families apply for a minor, then preference is given according to the following criteria:
- people are married;
- live on the territory of the Russian Federation;
- are citizens of Russia;
- have their own children and perform parenting functions well.
How does adoption through court work? Details
Russian legislators are very sensitive to young citizens. Thus , children left without parents are looked after from all sides: to protect their rights, special bodies are created that work in accordance with relevant laws . At the same time, the state is interested in ensuring that every child has a family. For this purpose, adoption and guardianship procedures have been developed and are successfully applied.
Adoption through the court is a special procedure where only a judge decides whether the baby can be transferred to a specific person . If the terms of the laws are not violated, the court always decides the case in favor of the family.
