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).
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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.
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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.
Medical documentation
A candidate for adoptive parents must undergo a special medical examination. You must first contact the guardianship department to obtain a form.
For the adoptive parent
The form of the medical commission for the adoptive parent is established by Order of the Ministry of Health of 2014 No. 290n. Form form (form 164-u).
It includes:
- name of the medical report;
- date of registration;
- name of the medical organization;
- name of the guardianship department;
- information about the potential candidate;
- floor;
- Date of Birth;
- place of permanent residence (confirmed by registration);
- data on the presence/absence of diseases that prevent the child from being accepted into the family;
- signatures of members of the medical commission.
Sample medical report form for a potential adoptive parent
For an adopted person
The medical report form for a child was approved by order of the Ministry of Health and Medical Industry of the Russian Federation No. 195 of 1995. It includes the following information:
- name of the medical organization;
- form number (No. 160у);
- document's name;
- information about the child (full name, date of birth);
- the name of the organization in which the minor was placed under supervision, including the date of admission;
- anamnesis;
- information about the minor’s mother;
- FULL NAME. father;
- information about siblings;
- diseases that the minor has suffered since birth;
- the main diagnosis established during the examination;
- concomitant diagnoses (if any);
- medical recommendations;
- signatures and data of the members of the medical commission who conducted the examination;
- stamp of the medical organization and date of examination.
Sample form No. 160у
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.
Documents regulating international adoption in Russia
When carrying out the international adoption procedure, the following documents are used:
- Art. Art. 124, 165 of the Family Code.
- Chapter 29 of the Civil Procedure Code.
- Federal Law No. 44, which regulates issues related to the state bank for children left without parental care.
- Regulatory documents of local and regional significance.
If you have any questions about the adoption procedure, ask them in the comments to the article
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.
Lawyer's answers to private questions
Established paternity of my son. Now his mother has filed for child support. Can I not pay child support or abandon my child?
No. From the moment paternity is established, a legal connection arises between father and son. From now on you are obliged to support it. The child's mother may well file for child support. It is now impossible to abandon the child; you can initiate deprivation of parental rights. But the obligation to pay alimony will remain.
My common-law wife threatens to establish my paternity through the court and demand alimony for the child from the moment of his birth. Is it possible? The child is 7 years old.
The child's mother can initiate the process of establishing paternity. But alimony will be assigned from the date of filing the application with the court. In such a situation, alimony is not collected for the past period.
We started living with the girl before her official divorce. 6 months after the divorce she gave birth. The child was registered as her ex-husband. How can I adopt my son now?
You need to go to court to challenge and establish paternity. Prepare evidence that you lived with her during the period of conception. Testimony from witnesses and the child’s mother will also be needed.
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.
Regulatory regulation
In 2021, a complete list of documents that need to be prepared by a candidate adoptive parent is contained in Decree of the Government of the Russian Federation No. 275 of 2000. The list is regularly reduced to make accepting a child into a family easier.
Expert opinion
Stanislav Evseev
Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.
On the one hand, specialists from the guardianship department do not have the right to demand additional documentation. On the other hand, the list does not provide information about the moral qualities of a citizen. And one of the requirements for the candidate is high moral qualities.
For this purpose, a specialist from the guardianship department may additionally require characterizing information. For example, from your place of work, study or residence.
Requirements for adoptive parents are established by Art. 127 RF IC. The absence of factors that interfere with the fulfillment of the duties of a substitute parent must be documented.
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.
Is it possible to adopt my wife's child?
A stepfather, for children, is just a man who married their mother. However, under favorable circumstances, the stepfather can adopt his wife’s children, or obtain guardianship over them.
This option is only possible with official marriage. This is the only way it is possible for a child to be adopted by a stepfather.
If a man acts as a cohabitant for a single mother, or simply a loved one without registering a marriage, then such a person is deprived of the legal right to adopt her children or obtain guardianship over them.
According to family law, the husband of a single mother, who is not the biological father of her children, has full, legal right to adopt them. The procedure is carried out through the courts, and does not guarantee a successful outcome.
The adoption process itself is quite long and tedious, so you need to be prepared for numerous visits to various state and municipal institutions and court hearings.
It is necessary to strictly follow the adoption procedure, which is covered by the legislation of the Russian Federation. In addition to knowing the process, you need to know what documents will be required for the trial. It is better to prepare all documents in advance. This will help avoid unnecessary routine and running around with documents. After all the documents have been collected, you can go to court and write an application for adoption or guardianship of your wife’s child.
Attention! Special time should be devoted to the biological father (ex-husband of a single mother). Because his opinion regarding adoption will be taken into account by the court if there are fairly well-reasoned reasons for the refusal.