At what age and up to what age can you adopt a child?

Methods for placing a child in foster care (including foster care)

For normal development and social adaptation, minor children left without parents need a family, or at least those who will individually deal with the issues of their upbringing, education and protection.
The current legislation provides for several forms of transfer of such children for upbringing (Article 123 of the RF IC):

• Adoption by recognition of this fact by the court. Unlike other forms used when transferring children to a family, a child acquires all the rights and obligations of someone born in this family (Clause 1, Article 137 of the RF IC).
• Establishment of guardianship or trusteeship. These forms do not differ in essence, but apply to children of different ages: up to 14 years old - guardianship, 14-18 years old - guardianship. The guardian/trustee performs only part of the usual parental functions (Article 15 of the Law “On Guardianship and Trusteeship” dated April 24, 2008 No. 48-FZ), but his ward does not have the same obligations that a natural or adopted child has to his parents (Article 17 of Law No. 48-FZ). Guardianship/trusteeship, as a rule, is free of charge, but situations are also possible when they are carried out for a fee (Article 16 of Law No. 48-FZ).

Find out how to get maternity capital in ConsultantPlus. Get free demo access to K+ to find out all the details of this procedure.

• Transfer to a foster family. This is a paid option for guardianship/trusteeship on the basis of an agreement concluded by the guardianship and trusteeship authority with the adoptive parent or adoptive parents (Clause 1 of Article 152 of the RF IC).

The use of any of the listed options does not exempt persons who have adopted a child from third-party control over compliance with the rights of the minor. Such control is carried out by the guardianship and trusteeship authorities.

Common mistakes adopted by adoptive parents

Common mistakes adoptive parents make when applying for adoption.

Adoption is perhaps the only category of court cases, the decision on which is met (hopefully) with smiles from everyone present. Of course, what could be more joyful? A baby, or even two, found a family, and the parents found a son or daughter. But the path from the moment when a married couple or a single adoptive parent decides to accept a child into the family, to the moment when the judge pronounces an almost sacred “application to grant,” sometimes takes several months, and is far from covered with roses.

This article discusses only adoption by Russian citizens on the territory of the Russian Federation, and only the narrow issue of preparing and filing an application for adoption in court. It does not examine the issues of drawing up an application, but only lists the main mistakes that adoptive parents make when preparing and submitting applications. The author is grateful to all his trustees for the experience on which this article is based.

Adoption is established by the court according to the rules of special proceedings established by the Civil Procedure Code of the Russian Federation. As a general rule, cases of this category are considered by the district court at the place of residence or location of the child.

In practice, courts may return adoption applications if it is not possible to determine from them the child’s place of residence or where he is located. Adoptive parents simply omit this point.

The child’s place of residence will be either the place of his registration at the place of residence (the most rare place for consideration of this category of cases), or the place of residence of his guardian (in accordance with Article 20 of the Civil Code of the Russian Federation - this very place will be the place of residence of the child under guardianship), or a place where the child is supervised in an organization for children left without parental care or for other reasons.

The law does not establish any criteria for determining the location of a child. Thus, theoretically, it would be correct to file an adoption application with the court at the child’s location: in a hospital, or in a shelter, and even, for example, in a summer health camp. However, the adoptive parent will be faced with the need to somehow prove to the court that this is the right place. And this is where problems can arise.

Therefore, the location of the child should be understood as the place of his temporary stay, which you can prove with documentation. For example, it could be a social shelter, where the child is staying temporarily, but there is documentary evidence of this.

It would be a mistake to submit an application for adoption at the location of any organization where the child was previously kept if the child was placed under guardianship. In this case, the application should be submitted to the district court at the place of residence of the guardian.

It is also necessary to note that the application is submitted to the district court at the location of the child at the time of filing such an application. Even if during the judicial procedure the child, for example, is placed under guardianship or transferred to another institution, this will not lead to a change in the jurisdiction of the case (Article 33 of the Code of Civil Procedure of the Russian Federation).

The second large group of problems is related to the content of the application for adoption of a child. The list of what must be indicated in the application for adoption is established by Art. 270 of the Code of Civil Procedure of the Russian Federation, however, often, applicants do not fully comply with the requirements of this article.

First of all, we are talking about incompletely formulated requirements for the court. The court does not have the right to arbitrarily go beyond the stated requirements and “figure out” for the adoptive parent what else he had in mind when filing an application with the court. Thus, applicants quite often forget to indicate a request to change the child’s name, surname or patronymic , or his place of birth . If in the case of a surname, first name or patronymic this can be somehow corrected in the future (through a long and bureaucratic procedure for changing the name), then the place of birth can only be changed by the court, and only when making a decision on the establishment.

The second most common mistake made by potential adoptive parents is failure to indicate the need to record the adoptive parents as parents in the child’s birth certificate. The point is that this is not a “self-evident” requirement. On the contrary, the Family Code requires that information about parents be preserved unless such a request is made by the adoptive parents (Article 136 of the RF IC).

In addition, there are non-obvious requirements for the content of the application that are not directly specified in the Civil Procedure Code, but exist due to the requirements of other laws. Thus, in accordance with the requirements of the Federal Law “On Acts of Civil Status”, a court decision, according to which changes are made or a new civil record is drawn up, must contain the information necessary to make such a record. To draw up an adoption record, it is required that the court decision on adoption indicate the details (date, number, place of compilation, surname, first name, patronymic of the child) of the birth record, and also, if you want to be entered as parents in the birth certificate of the child being adopted, information about the adoptive parents (last name, first name, patronymic, citizenship, place of residence). Situations often arise when the place of residence of the parents is not indicated in the court decision, and this raises questions for the registry office when drawing up the adoption record. Therefore, we can recommend that adoptive parents, when formulating a request to register them as parents, indicate the place of residence of the adoptive parents directly in the petition part of the application.

In accordance with Art. 131 of the Code of Civil Procedure of the Russian Federation, the application must be signed by the applicant or another person by proxy, however, alas, it often happens that applicants forget to sign the application before submitting it to the court.

The list of documents attached to the application for establishment of adoption is also established by law (Article 271 of the Code of Civil Procedure). Unfortunately, it is formulated quite difficult to understand, and raises a number of questions when applying it. Perhaps in connection with this, the Supreme Court (see Review of Practice in Adoption Cases for 2014, for example) has repeatedly noted that failure to provide all legally required documents is the most common shortcoming of adoption applications.

As the author’s practice shows, the greatest problems are caused by providing a document on housing, as well as a document on registration as an adoptive parent.

The application for adoption must be accompanied by a document confirming the right to use or ownership of the residential premises. There are usually no problems with the document of ownership; a copy of the certificate of ownership of the residential premises is attached. The right to use is more complicated.

First of all, this does not mean any premises, but the one in which the adoptive parents live and where (at least immediately after the court decision) the child will live. Further, it is necessary to keep in mind that the right to use housing can arise for various reasons, and a document about this is needed. If you live somewhere due to “family relations” or because “good people let you in,” you need to document this, for example, with an agreement on the right to use your parents’ apartment, and submit a document on the right of use to the court .

In itself, an extract from the house register, or a financial-personal account (or, issued in Moscow in exchange for these documents, the so-called “Unified Housing Document” - EZhD) is not, strictly speaking, a document of title, but to the courts as confirmation of the right to use accepted.

Adoptive parents also do not always provide a copy of the marriage certificate, but, due to the requirements of Art. 271 of the Code of Civil Procedure of the Russian Federation is mandatory.

Certificates of employment, as a rule, do not cause problems when received and submitted to the court, however, there are situations when they do not contain all the information required by law: they forget to indicate either the position or the average salary. Average wage is a labor law term and means the average monthly amount based on the employee’s annual earnings. Indicating only the amount of wages or its monthly payments is not, strictly speaking, fulfillment of the requirements established for this document. As well as the 2-NDFL certificate, which is sometimes requested by the courts, and which, as proof of income, is usually enthusiastically accepted by the guardianship and trusteeship authorities.

Separately, paragraph 7 of part 1 of Art. requires clarification. 271 Code of Civil Procedure of the Russian Federation. A document on registration as a candidate adoptive parent is not issued as a separate document to adoptive parents who are citizens of the Russian Federation; such a document is provided for foreign adoptive parents. However, Russian adoptive parents have a document confirming such registration. This is a conclusion on the possibility of being an adoptive parent , issued in accordance with Government Decree No. 275 dated March 29, 2000, regulating adoption issues, as well as a referral to visit a child, issued to visit a child being adopted. In accordance with the law, on the basis of the conclusion about the possibility of being an adoptive parent, he was obligated to be registered as a candidate for adoptive parent with the guardianship and trusteeship authority that issued the said conclusion. A referral to visit a child is issued only after the citizen is registered as a candidate for adoptive parents. As a rule, the adoptive parent has both of these documents and can be attached to the application.

Many questions arise when preparing a package of documents for filing with the court. On the one hand, in Art. 271 of the Code of Civil Procedure of the Russian Federation quite unequivocally establishes that all documents are submitted in two copies. On the other hand, the court makes a decision based on evidence, which can be documents or duly certified copies. In addition, due to the general rules of legal proceedings, all documents are provided with copies according to the number of persons participating in the case.

The practice developed as follows. Firstly, the courts accept copies of documents, both certified (in our case, either by a notary, or by the body that issued them, or by the body that has the originals of these documents) and not certified. In the latter case, the court, as a rule, as part of a preliminary court hearing, must be provided with original documents for comparison with copies and their certification (copies for the case materials are certified by the court itself). Separately, we note that there is no need to keep copies of, for example, a medical certificate, a certificate of employment and other “one-time” or easily restored documents - give the originals to the court.

Secondly, it is required to submit an application and attached documents to the court according to the number of persons involved. In an adoption case, at least the adoptive parents themselves are involved (not keeping copies of the documents, but giving everything to the court is a very “popular” action among adoptive parents who are worried about the process), the court, the prosecutor, and the guardianship authority. In total, you need to submit to the court, at a minimum, the application itself with documents or copies, and two more copies of this application and documents. And if a child is adopted from any institution, then a copy for this participant in the case. Thus, the entire package of documents must be at least four copies (one of them must be kept for yourself).

Since the author did not set out to provide an overview of all possible shortcomings of the application that lead to the suspension of the case, but limited himself to only the most common ones, the topic, of course, will not be abandoned in the future.

I really hope that there will be fewer mistakes now and the children will end up at home a little faster.

Anton Zharov, lawyer, specialist in family and juvenile law, head of the “Team of Lawyer Zharov”

18.12.2015

Rights of adoptive parents, guardians and foster parents to special benefits

Despite the fact that adoption and guardianship/trusteeship do not imply financial remuneration for the adoptive parent or guardian/trustee, current legislation provides for a one-time payment upon the transfer of the child into foster care (Article 12.1 of the Law “On State Benefits...” dated May 19, 1995 No. 81-FZ ). The adoptive parent also has the right to receive it, although his education services will be paid. The amount of the fee is fixed in the foster family agreement.

Thus, regardless of the form used for placing a child in a family, both the adoptive family and the adoptive parent or guardian/trustee will receive the lump sum payment due for this in 2021. However, only one person can become the recipient of the payment if there are several adoptive parents, guardians/trustees or adoptive parents. In this case, such an allowance is paid for each child.

To receive payments upon adoption of a child, establishment of guardianship/trusteeship, or transfer to a foster family, the recipient of the benefit should submit an application at the place of residence to the body authorized by the region of the Russian Federation to consider this issue. Applications can be made in person, by post or electronically.

The application will need to be accompanied by a set of documents confirming the right to receive benefits (including in an increased amount) and the absence of parents for children (clauses 34, 35 of the Procedure for assigning state benefits, approved by order of the Ministry of Health and Social Development of Russia dated December 23, 2009 No. 1012n).

Funds are paid no later than 10 calendar days from the date of registration of the fact of acceptance of the application by the authorized body or sending the required set of documents by mail (clauses 37, 38.1, 38.2 of the Procedure approved by Order No. 1012n). If the set of documents attached to the application is incomplete, the applicant will receive written explanations about this. The missing documents must be submitted no later than 6 months from the date of receipt of clarification - then the date of the application is considered to correspond to the original one (clause 38.3 of the Procedure approved by Order No. 1012n).

Persons who cannot be adoptive parents

Only a citizen recognized as a candidate can be an adoptive parent. However, the conclusion is valid only for 2 years. After which you need to get a new document. A person whose term of imprisonment has expired cannot adopt a child.

The following cannot be candidates for adoption:

1. Citizens who have not completed training at the school of surrogate parents. The exception is for persons who are already adoptive parents, guardians or trustees. They are required to present a certificate of completion of training. If the document was received earlier, but the child was not accepted into the family, it must be taken into account that the validity period is 2 years.
2. Persons whose spouses are recognized as incompetent/limitedly capable. Although one of the spouses can be the adoptive parent, it is prohibited to place a child in a family if one of the spouses is incapacitated/partially capable.
3. Citizens deprived of parental rights/limited parental rights. The exception is the situation when a person has been restored to parental rights by a court decision.
4. Persons who have been removed from acting as a guardian. A prerequisite is that the guardian has acted guilty, as a result of which he was removed.
5. Citizens who were previously adoptive parents, but the adoption was canceled due to their fault.
6. Persons convicted of crimes against sexual integrity, life, health of citizens, against public morality and public safety. Including when making representations of minor and moderate gravity, if the court decides that the candidate poses a danger to the child, his health, the formation of morality and full development.
7. Citizens who have been convicted of serious and especially grave crimes.

The information must be documented. When submitting an application, a citizen must attach documents indicating the absence of contraindications.

Amount of one-time payment for fostering a child

The amount of payments when adopting a child or taking him into foster care is fixed (Article 12.2 of Law No. 81-FZ), but this amount is subject to annual indexation, carried out from February 1 (Article 4.2 of Law No. 81-FZ).

The initial values ​​of the amounts are as follows:

• 8,000 rub. - for an ordinary child under the age of 7, if he enters a family without a brother/sister;
• 100,000 rub. — for a disabled child, children over 7 years old, or for each adopted child together with a brother/sister.

Due to indexation, these values ​​at the beginning of 2021 amount to 18,886.32 rubles. and 144,306.88 rubles. (Resolution of the Government of the Russian Federation dated January 28, 2021 No. 73).

Find out what documents you need to prepare to assign payments in ConsultantPlus. If you do not have access to the K+ system, get a trial online access for free.

Conditions for registering marriages

The civil registry office is the body charged with registering family relationships between citizens of the Russian Federation. Before the wedding ceremony, the couple submits an application to formalize their union. At this stage, civil registry office employees carefully study the data of citizens in order to prevent marriage between certain categories of persons.

In Russia there is a ban on creating a family between the following citizens:

• Married to other people;
• Adoptive parents and adopted children;
• Incapacitated;
• Blood relatives.

When submitting an application to the registry office, most likely future spouses will be denied registration of the relationship. There are “loopholes” in Family Law that can be used to circumvent the ban on such marriages. It is worth noting that in addition to the reasons listed above, you need to remember the following:

• The decision to marry must be mutual and voluntary;
• The people in the couple have reached the age of majority and are legally capable.

There are good reasons why a union can be registered starting from the age of 16. For example, the basis for early marriage is the woman’s pregnancy.

List of child care payments for those who take him into custody

With regard to other payments related to child care for persons who have adopted a step-child, the legislation does not make any exceptions, extending them to all those raising children. What payments are due when adopting a child or establishing guardianship/trusteeship over him (including in the form of a foster family)?

Like persons who gave birth to children, adoptive parents, guardians/trustees, adoptive parents insured in the OSS system are entitled to monthly benefits:

• For caring for a child under 1.5 years of age, subject to the actual implementation of such care (Article 13-15 of Law No. 81-FZ). Moreover, the amount of payments also amounts to 40% of average earnings calculated from income subject to insurance contributions to the Social Insurance Fund, and is characterized by the maximum and minimum possible values ​​for it for each subsequent year.
• Entitled to a child of a military man called up for service during the period of such service until the child reaches the age of 3 years (Article 12.5-7 of Law No. 81-FZ). It is set at a value determined by law (6,000 rubles), indexed annually from February 1. At the beginning of 2021, the benefit is 12,817.91 rubles. (RF Government Decree No. 73).

Since a step-child is taken into care, those who do this do not have the right to payments:

• for pregnancy and childbirth;
• for early registration during pregnancy;
• lump sum upon birth of a child.

But in this list, women adoptive parents who take into the family a child/children under the age of 1.5 months are in a special position. For the initial period of his life, they have the right to claim payment of maternity benefits upon adoption of a child (Article 7 of Law No. 81-FZ). The duration of the period for which such benefits will be calculated is counted from the day of adoption until the expiration of 70 days from the date of birth if one child is adopted, and 110 days if there are several such children (Clause 2, Article 10 of the Law “On Compulsory Social Insurance...” dated December 29, 2006 No. 255-FZ). The average daily earnings for calculating this payment will be determined in the usual manner for such payments. The maximum amount of benefits for the adoption of a child in 2021 will be obtained if the child is adopted from the first day of life, and the woman’s average daily earnings are calculated from the sum of the maximum amounts of income subject to contributions to the Social Insurance Fund for 2021 and 2021.

What is necessary for adoption from an orphanage?

The legislator imposes certain requirements on applicants. They are regulated by the Family Law of the Russian Federation and the Rules for the Transfer of Children for Adoption. The following describes in detail what is needed to adopt a child left without parental care, whether it is possible to adopt an adult, or how a man out of wedlock, an unmarried woman, as well as a single mother who is unmarried and raising her child alone, can do this. can they be refused?

What living conditions are required?

Adoptive parents must provide documents confirming ownership of the residential premises or a lease or social tenancy agreement. Both spouses must have permanent registration. The fact of residence at the place of registration does not matter.

Residential premises must meet the following conditions:

• retains at least 12 sq. m. for each resident, including the adopted child;
• the apartment or house meets technical and sanitary-epidemiological requirements;
• Persons of different sexes over the age of 9 cannot live in the same room.

Disabled children will need to be allocated a separate room (Part 3 of Article 17 of Federal Law No. 181).

Family status

According to Art. 127 of the RF IC, the child will be given only to a traditional couple who have officially registered the marriage. In the case of cohabitation, only one spouse can adopt a child, since citizens who have not formalized their marriage are prohibited from jointly adopting one child.

The transfer of children to homosexual couples is not permitted, regardless of their legal marriage.

What should the family income be?

The total family income must provide the child with at least 1 minimum wage established in the region (Part 1 of Article 127 of the RF IC). When calculating the cost of living, total earnings are divided among family members. These include children, parents and spouses themselves. Third-party persons who have been moved into the residential premises with appropriate rights are considered family members.

Important! Total income does not take into account payments for treatment and rehabilitation, unemployment benefits, subsidies for housing and communal services, and social benefits for the poor.

Age of a minor left without parents

Adoption of a person under 18 years of age is allowed (Part 2 of Article 124 of the RF IC). Persons who have reached 18 years of age are not subject to adoption (Part 2 of Article 124 of the RF IC). This is due to the fact that upon reaching adulthood, a citizen acquires full legal capacity and, from the point of view of the law, no longer needs parental care and maintenance.

If a child is recognized as emancipated before reaching the age limit, for example, upon marriage or going to work, he cannot be adopted either (Article 27 of the Civil Code of the Russian Federation).

The younger the child is at the time of adoption, the better. The optimal range is considered to be from 1 month to 7 years.

From what age is it allowed and up to what age?

The legislation does not establish at what age it is better to adopt a child, or the maximum age of the adoptive parent. The main thing is that candidates are of legal age. According to Art. 128 of the RF IC, the age difference between the adoptive parents and the adopted child should not be less than 16 years. The exception is cases of adoption by a stepmother or stepfather.

The court has the power to reduce the minimum age limit if it considers it appropriate.

Other payments available to adoptive parents

Payments upon adoption of a child also include amounts received by ordinary parents in the form of:

• Maternity capital intended for families in which a second and subsequent children appear (clause 1, article 3 of the law “On additional measures...” dated December 29, 2006 No. 256-FZ). The amount of payment for the adoption of a child in 2021 will be 483,831.83 rubles. In the case of adoption of a second child starting from 01/01/2020, provided that the first child was born (adopted) also starting from 01/01/2020, the amount of maternity capital increases by 155,550 rubles. and amounts to a total of 639,431.83 rubles. For the second child in the event of his birth (adoption) starting from 01/01/2020, provided that the first child was born (adopted) before 01/01/2020 - 639,431.83 rubles; However, these funds have strictly established areas of use, are issued with a certificate and are issued in the form of cash only in parts and in a limited number of cases (Clause 3 of Article 7 of Law No. 256-FZ).
• Monthly payments to insufficiently wealthy families due to the birth of their first or second child (Clause 2, Article 1 of the Law “On Monthly Payments...” dated December 28, 2017 No. 418-FZ). In this case, the guardian can also receive payments for the first child. For the second of the children, these payments are made at the expense of maternity capital (Clause 4, Article 1 of Law No. 418-FZ). The size of the payment is determined by the child's subsistence minimum established for the region for the second quarter of the year preceding the year of application for it (clause 5 of Article 1 of Law No. 418-FZ).

Thus, in terms of payments for the adoption of a child, adoptive parents differ from ordinary parents in the impossibility of receiving certain benefits (for registration in the early stages of pregnancy and issued at the birth of a child), as well as in the limitation of the duration of maternity leave when adopting an infant. Otherwise, their rights to social security correspond to the rights of a regular parent.

Terms of adoption

To take a child from an orphanage into your home, you need to fulfill a large number of conditions and requirements. Moreover, it is strictly necessary to comply with them.

These are not only requirements for the personal qualities of the adoptive parent, but also:

• to his or her income level;
• to living space;
• Is there any free living space for the baby?

What are the requirements for a parent?

There is a long list of requirements for a potential adoptive parent, but the most important are the following:

Can unmarried people adopt the same child?

No, they don't have the right. What is the solution if two people, for example, have been living in a civil marriage for several years and have no intention of officially starting a family? There can be two ways out:

1. the baby will be officially adopted by only 1 member of this couple;
2. officially registering the relationship is the second way out.

Is there a difference between an adoptive mother and father?

There should be no specific differences in registration of adoption between men and women, as well as families. The only thing is that the guardianship authorities may be more picky and meticulous about a single mom or dad than about a married couple.

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.

Health status

When assessing who can adopt a child, special attention is paid to the health status of the potential candidate.

Government Decree No. 117 of 2013 establishes the health requirements for a citizen who wishes to become an adoptive parent. Persons who have the following health problems cannot accept a minor into their family:

• disability of the 1st group resulting from illness or injury (if there is an ITU conclusion);
• drug addiction, substance abuse (if registered at a drug treatment clinic);
• alcoholism (if registered with a narcologist);
• behavioral disorders and mental disorders (until the end of registration with a psychiatrist);
• oncological diseases stages 3 and 4;
• oncological diseases of stages 1 and 2 before treatment;
• infectious diseases (before deregistration with an infectious disease specialist);
• tuberculosis stages 1 and 2.

Separately, it is necessary to consider citizens with HIV. Since 2019, they have the right to adopt a minor if the child previously lived with him.

Example. Citizen U. had cancer. Before her death, she wrote consent for the adoption of her minor son by her sister. The sisters lived in the same apartment, the child was often in the care of the aunt while the mother was undergoing treatment. When collecting documents for adoption, the woman revealed the fact of HIV infection. The guardianship department refused to issue an opinion. She went to court. The court overturned the guardianship decision and allowed the adoption.

How to conclude a marriage between a guardian and an adopted person?

It has long been known that marriages between blood relatives are prohibited in most countries.
The basis for this was numerous studies and conclusions of doctors. It has been proven that children born from consanguineous parents are susceptible to serious diseases and various pathologies. In the case of marriages between guardians and adopted children, the prohibition is only formal. Such unions do not pose any threat to the future generation. Adoption is a reversible process; the law allows the dissolution of family ties between people.

Before canceling the procedure, you need to pay attention to the following features:

• Only the court makes a decision to relieve the guardian of the responsibilities for raising and maintaining the adopted child;
• Both the guardian and the adopted child (provided that he is over 18 years old) can file a claim to cancel the adoption;
• Both parties are invited to participate in the court hearing;
• The prosecutor participates in the judicial process as a person monitoring compliance with the law.

A citizen, by his own decision, adopts a child. Other people cannot influence his choice. Therefore, no one has the right to force him to be a foster parent. The guardian may apply to the court to cancel the adoption procedure.

The claim states the following grounds::

• Difficult financial situation due to which a person cannot support an adopted child;
• Poor relationship between guardian and ward;
• The cancellation of an adoption is a mutual decision between the two parties;
• The adoptive parent has health problems, is declared incompetent, or has received a disability.

Whatever the reason, the claims must be satisfied by the court. After the decision is made, all obligations between the guardian and the ward are severed.

The following persons can apply to court to cancel an adoption:

• Representative of the prosecutor's office;
• Guardianship officer;
• An adopted citizen who is 18 years old;
• Adoptive parent.

Expert commentary

Gorchakov Vladimir

Lawyer

Cancellation of the adoption procedure will allow the former guardian and ward to register the marriage.