Consent to the adoption of a child by another person from the mother, from the father, sample application

One of the difficult stages of adoption is selecting a child. The candidate must find a candidate for a minor deprived of parental care. However, an option is possible when a potential adoptive parent draws up documents in relation to a specific child. This is typical for intra-family adoption, for the adoption into a family of a child whose parent was previously in prison. In order for the court to satisfy the applicant's request, parental permission is required. Let's look at how to formalize consent to adopt a child.

Does a child need to give permission if they want to adopt him?

The adoption process is voluntary. The child's consent is required if his age is more than ten years. An exception is if the adopted child lives in the family of adoptive parents until he turns ten years old. However, his consent is not required. This is explained by the fact that the foster family has already become like family for the baby.

In its concept, adoption is an exclusively voluntary expression of the desire of both parties to create family relationships.

The relationship between the adoptive mother and father, as well as minor children, complies with legal norms and established responsibilities.

Consequently, after this, any legal ties of children with blood relatives, as well as biological parents, are completely terminated.

Expert opinion Maria Lokshina Family law expert since 2010

It must be remembered that the adoption process requires the consent of the child only if he has reached the age of ten. In all other cases, his permission is not required.

According to current legislation, the responsibilities of adoptive parents include providing orphans with decent living conditions, proper nutrition, and mental and moral development. If the rights and interests of the adopted children are violated by the mother or father (adoptive parents), then those who do not comply with the law may face criminal penalties.

Often, law enforcement agencies initiate criminal cases against such citizens under the relevant articles of the Criminal Code. The court must take into account the consent of the minor if he is already ten years old at the time of consideration of the case.

A minor citizen who is under ten years old cannot choose new parents, but despite this, the court will take into account his opinion.

If the baby lived in the adoptive parent’s family for a certain time, and a few years later the adoptive father (mother) made a decision to adopt, then the consent of the minor in this case is not required. The minor's permission is written by hand in free form.

Does the child himself have the right to vote?

The answer to this question, whether the child’s consent to his adoption is necessary, can be found in Article 132 of the RF IC: it is mandatory to take into account the opinion of the person being adopted if he is over 10 years old. But exceptions are possible:

The orphan managed to live with his caregivers and got used to them.
A child left without parents is taken into the family by close relatives whom he knows well.
A stepson or stepdaughter lives for a long time with his mother and stepfather or father and stepmother.
The law gives the right to consent to adoption to a minor in order to protect his mental and moral development: if the child initially harbors hostility towards the person, living together will not have the best effect on him.

It is better to obtain a written statement from your son or daughter. A minor is capable of dramatically changing his testimony in court under the influence of emotions if, on the eve of the hearing, he quarreled with his stepfather or decided to annoy his mother.

About the author of the article

Natalia Goncharova

Required items

There is no strict form for this application; however, there are mandatory points.

In the upper right corner we write the name of the court to which the applicant is applying. Similar processes take place in the district courts at the plaintiff’s place of residence.

Information about the plaintiff (full name, registration address, passport details). Interested parties: mother, father, guardianship and trusteeship authorities in the city district, their addresses and telephone numbers.

Statement:

We describe the circumstances in connection with which the plaintiff wants to adopt a child, namely an official marriage with the mother. Here we indicate the mother’s full name, all the data about the child recorded in the birth certificate: full name, date of birth, place of residence, presence of relatives (brothers, sisters).
We indicate who the biological father is, his full name, and place of residence. We write that I never took care of my daughter/son and was not interested in her/his fate, did not show concern, did not take part in the child’s life.
We confirm the absence of conditions preventing adoption established by the legislation of the Russian Federation:
mental insanity and incapacity;
deprivation of parental rights, removal from custody of this or another child, the right to adoption revoked by the court;
presence of addictions (alcoholism, drug addiction);
lack of permanent residence and permanent income.
We write down a clause about the established positive relationship between the stepfather and the child:
- whether the child knows about the absence of family ties with the adoptive parent;
whether the child calls you father and how he feels about the future adoption.

If necessary, we submit a request to call witnesses to confirm the fact of good relations.

We express our desire to change the child’s last and patronymic names, if any. Please:
make changes to the birth certificate about the father.

We attach a package of documents (copies) to the application. We provide the originals directly to the court.

Cases when parental consent for adoption is not required

For the adoption of children left without parents, priority is given to other options for placing such children: taking them into guardianship or guardianship, raising them with a family, sending children to orphanages, orphanages, and specialized medical institutions.

Only minors can be adopted, regardless of their health status.

The decision to adopt a child(ren) is made voluntarily. Therefore, if a person who wants to adopt a child goes through the entire prescribed procedure, the fact of adoption is established by a court decision. If material well-being, health, and living conditions meet all the standards used to verify the possibility of adoption and taking a child into care and upbringing, potential parents have the right to independently choose a candidate for adoption.

The basic requirements for adoption, the procedure for carrying out the adoption procedure itself, are regulated by the norms of family law in our country.

Once a child is adopted, any relationship between the adopted child and his biological parents and other relatives is legally terminated. That is, both adopted children and his blood relatives are released and are automatically released from all property and non-property obligations. Persons adopting children are subject to a number of mandatory requirements for obtaining permission to adopt:

adoptive parents must be over 18 years of age;
the age difference with the child being adopted must exceed 16 years (an exception is only in cases where a child from the first marriage of the second spouse is adopted by the spouse);
potential parents should not be marked by an unfair attitude towards raising children: they were deprived of parental rights to children, were removed from guardianship due to an inappropriate attitude towards the assigned responsibilities in relation to children in care;
persons who have been subject to criminal punishment and imprisonment for causing harm to health and threatening the lives of people also cannot raise children;
Attention is also paid to the health status of the adoptive parents. An unconditional obstacle to permission to adopt will be the presence of: cancer, tuberculosis, mental illness.

When fulfilling all these requirements for adoptive parents, to resolve the issue on its merits, it is necessary to obtain a number of documents:

a statement of consent of the second spouse, certified by a notary, if the adoption is carried out by a married couple;
written or oral consent of the child’s parents at a court hearing;
consent of the guardianship council, after examining the standard of living and other criteria for the possibility of maintaining and living the child;
consent of the head of the children's or medical institution where the child who is going to be adopted lives;
consent of the child himself, if he is ten years old at the time of adoption.

The question arises: is it possible to adopt a child without parental consent? To consider a case in court, parental consent is not required, according to the Family Code, if:

the location of the blood parents is unknown;
there is a court decision recognizing the biological parents as missing or dead;
due to mental illness, people are recognized as partially or completely incompetent;
completely removed themselves from supporting the child for more than six months.

Let us consider cases when a child is adopted without parental consent in more detail.

Legislation

Material norms regulating the forms of placement of orphans are concentrated in the Family Code. He devoted chapter 19, consisting of twenty articles, to adoption.

It installed:

concept, essence, legal consequences of the procedure;
requirements for adoptive parents;
options for adoption without the consent of the child’s father/mother;
the possibility of changing the full name, adjusting the child’s date of birth, correcting information about parents in the registry office documents;
grounds for cancellation of adoption.

The procedure has an administrative and judicial component:

appeal to the guardianship and trusteeship authority, granting the status of an acceptable adoptive parent, selection of a child are regulated by Resolution of the PRF dated March 29, 2000 No. 275 ;
The establishment of a legal connection with a specific child is regulated by Ch. 29 subsection 4 of the Civil Procedure Code.

The position of the Plenum of the RF Armed Forces on adoption cases can be found in Resolution No. 8 dated April 20, 2006 .

Legal requirements for people who take this step

Legal spouses, single women, and men have the opportunity to adopt a child. Potential adoptive parents must be older and have a difference of 16 years with their children (based on Art. 128 of the RF IC).

According to Art. 127 IC of the Russian Federation will not be able to adopt children:

persons who have previously been deprived of parental rights or removed from their duties as a guardian;
persons who are incompetent or have limited legal capacity;
seriously ill people (the list of diseases is regulated in Resolution No. 117 of the Russian Federation of February 14, 2013);
persons who previously formalized guardianship, which was canceled due to their fault;
persons who do not have a permanent place of residence and registration;
citizens who do not have a sufficient level of income for a decent living for a child;
citizens who have been convicted under articles that threaten human health and life;
potential adoptive parents who have not completed special training organized by the guardianship commission;
persons who are in a homosexual marriage registered in another country.

How to give up a child to a father

It is also possible to voluntarily transfer rights to a child during the period of adoption by biological parents. In addition to the previously listed conditions, one can add the factor of adoption of a child thrown on the threshold of the church and other authorities.

State authorities recognize unknown persons as parents, so based on supporting documents, you can adopt a child. Adoption is possible for children abandoned in medical institutions

Attention

Also, each adoptive parent has the right to receive cash benefits for the maintenance of an adopted child. Registration of monetary compensation must be no later than six months

In addition to federal rewards, there are also regional ones, which are determined by the local government. To register, you must contact the Russian Pension Fund with a certificate of adoption.

Registration procedure

The registration procedure here is similar to the adoption of a child from an orphanage. Initially, the stepfather comes to the guardianship and trusteeship authority for advice.

Then there are a few simple steps:

collects a complete package of documents;
undergoes a medical examination;
obtains the consent of the child (if over 10 years old), the consent of the mother and biological father;
submits an application for adoption;
receives a certificate and the right to adoption.

What documents are needed?

To register an adoption, you must provide a complete package of documents. After receiving a conclusion on the right to be an adoptive parent, the applicant submits an application to the court. It is this government authority that makes the final decision regarding adoption.

At the same time, you need to know that if the mother and child are registered in one place, and the stepfather in another, then you will need to contact several guardianship and trusteeship authorities - at the place of registration of the biological mother, at the place of registration of the father and the actual residence of the new family. The procedure is somewhat simplified if everyone has registration in one place.

It is worth starting the adoption procedure by applying to the place of permanent residence of the applicant - the future adoptive parent.

A statement of the established form is written there. It is this body that notifies the client about what documents are needed. In each case, this list is individual.

Commonly accepted documents include the following:

Certificate of no criminal record. The document is prepared within a month. Valid for no more than six months. It can be ordered on the unified government services portal if the client has access.
Conclusion on the health status of the child and the adoptive parent. Issued on form No. 164/у. To obtain the document, you need to contact your local physician.
Certificate in form 2-NDFL. The difference between adoption by a stepfather is that he does not have to have an income that will provide for a complete family.
Extract from the adoptive parent's home book. Here you will need title documents for real estate. The guardianship and trusteeship authority also analyzes the living conditions at the place of registration of the adoptive parent. The main condition is the presence of a separate room and sleeping place for the baby.
Characteristics from the place of work. A mandatory condition for the reference is the manager’s signature and seal.
Autobiography. Filling out in free form and does not require any assurances.
Certificate from a medical institution in form 160/у. The document is similar to an extract from a child’s outpatient card.
Statement from the mother with consent to adoption.

Within five days, the guardianship and trusteeship authority makes a decision.

Possible additional papers

If the child has reached 10 years of age, his consent to adoption is required. This requirement is regulated by Article 132 of the IC of the Russian Federation.

Article 132. Consent of the adopted child to adoption

To adopt a child who has reached the age of ten years, his consent is required.
If, before filing an application for adoption, the child lived in the family of the adoptive parent and considers him to be his parent, adoption, as an exception, can be carried out without obtaining the consent of the child being adopted.

If the adoptive parent (stepfather) with his wife and the child lived together from an early age, and the child considers him to be his natural father, then the secrecy of adoption will apply in this situation. The child's consent will not be asked for the adoption process.

In some regions, a certificate may be required stating that the potential adoptive parent has not previously adopted anyone, and there are no cancellations for these procedures in his regard.
A certificate of early deprivation of the stepfather's parental rights regarding other children may be required.

A potential adoptive parent must undergo a special preparatory course program. At the end of the course, you will be issued a certificate, which is also a document and is attached to the general package.

If the adoptive parent and the child and his mother have been living together as a family for a long time, then completing the preparatory program is just a formality.

You can find out more about the list of additional documents by contacting the guardianship and trusteeship authorities.

How to obtain a mother's consent for a stepfather to adopt a child

This procedure is considered simpler, since the baby’s mother is the legal wife of the stepfather, which presupposes his living together with the minor. However, this process will definitely require some time.

To become a legal father, a stepfather must:

meet the requirements of Russian legislation (be able to provide for a child, have physical and mental health);
obtain consent from the biological father (necessary if the latter pays child support);
mother's consent to adopt a child, drawn up according to the sample.

It should be remembered that the right to become a legal father only applies if the stepfather and mother of the child are married. This rule does not apply to cohabitants living without a signature. Therefore, first a man will have to become a husband, and only then a father.

Parents declared missing

As noted earlier, in order to adopt a child, the consent of his biological parents is required. One of the exceptions to this rule for registering adoption is the unknown absence of parents and the impossibility of obtaining consent from them.

A person is declared missing in action in court in cases where there is no information about him and the place where he may be in his last known location (residence) for more than a year.

If it is impossible to clarify the date when the latest information about the missing was received, the beginning of the period for declaring missing is considered to be the beginning of the new month after receiving news from him.

If it is not possible to clarify the month when news was last received, consider the period of disappearance from January 1 of the new year.

Procedure for registration of adoption

The process of adoption or guardianship of the wife's child is established accordingly with a certain procedure.

Obtain consent from the biological father

According to statistics, the most problematic is obtaining this particular document. Not every biological father will like the fact that the child will have two fathers.

Attention! If the biological father was deprived of parental rights or renounced them on his own, his written consent is not necessary.

The document on the consent of the real father of the children becomes meaningless if the biological father of the child is deceased or missing.

In this case, another document is required, about death or loss.

Wife's consent

When a joint decision is made to make a stepfather a father, this consent is a formality.

Child's consent

The child’s consent is required for the court and the board of trustees if the child being adopted is over 10 years old. Starting from this age, he (she) has the right to his opinion on this issue. Their desire to call their mother’s husband father is a rather serious argument for the court to make a decision.

Documents for guardianship authorities

This package of documents is determined in accordance with the legislation of the Russian Federation. Each document is strictly checked by the guardianship authorities, so take this point seriously.

Conclusion of the board of trustees (guardianship authorities)

After all the documents have been collected and transferred to the guardianship authorities, this authority conducts its own check on the possible adoption of the child by the stepfather.

The verification means: review of the documents provided, verification of the place of residence of the stepfather with his wife and children, and other necessary procedures.

Going to court

As soon as the board of trustees has completed its consideration of the possibility of adoption of the wife's child by the stepfather, an appropriate conclusion is issued on the possibility of adoption. If adoption is impossible, the reasons must be indicated.

All listed documents are sent to court for more serious consideration. Here the stepfather will have to bear responsibility for his desire to adopt his wife’s child.

End of the trial

You should not count on a quick trial on this issue. The verification of documents, as well as the trial itself, can take a long time.

At the conclusion of the adoption, it remains to listen to the court's verdict on this issue. The court can either approve the registration of paternity or refuse it.

If the adoption is refused, you can file an appeal to have the case reconsidered. At the same time, it is possible to eliminate all the nuances that did not allow paternity to be registered last time.

Consent of the other spouse to adoption

Therefore, before obtaining the right to adopt, you need to study the legal aspects regarding the requirements for the adoptive parent.

This means that the court will grant your request only if you can prove that the child’s own father has not appeared in the child’s life for more than six months and there are no visible, objective and valid reasons for such a parent’s absence.”

The father may agree to the adoption of a minor by any other person or transfer his rights to a specific person, for example, a stepfather. In the latter case, he will have practically no chance to abandon his decision.

As a rule, at least a month passes from the moment of filing the application to the first meeting. During this time, the guardianship officers involved in the case conduct an inspection of the apartment at the child’s place of residence, talk with the prospective adoptive parent and provide the court with a ready-made reasoned conclusion.

If there is no notarized consent, the biological father must appear in person at the hearing and confirm that he agrees to the adoption.

In this case, the child’s details are indicated. Indicate the gender of the child being adopted (girl, boy, or does not matter).

According to the current legislation on adoption, a stepfather must have the following circumstances to become a father:

have a personal desire to become a father to his wife’s children from a previous marriage;
correspond to a certain age category. By law, the stepfather must be at least 16 years older than the minor;
have written approval from both biological parents of the baby. Therefore, it is required to obtain consent for adoption not only from the wife, but also from her ex-husband, who is the blood father of her child. If this woman is a single mother, then the father’s consent is not needed;
the stepfather must not have a criminal record;
the future father must have his own housing that meets the sanitary standards provided for by Russian laws;
he must have a stable official income, since its presence will indicate that he is financially capable of becoming the official guardian for a minor.

In order for a man to adopt his wife’s child from his first marriage, he needs to contact a guardianship and trusteeship institution. In general, the entire procedure for adopting a spouse’s child is as follows:

the man obtains the consent of his wife to carry out the adoption procedure;
he collects a package of necessary documentation;
fills out an application;
submits the collected acts to the guardianship organization;
expects approval from authorized persons to take the child under his or her care;
with the permission received from the competent authority, he applies to a special government agency located at his place of residence. When a husband and wife are officially registered at different address points, they should apply twice to both authorities.

In the first case, they actually confirm the parental rights to the child, in the second case, on the contrary, they refuse to assume the functions of being a foster parent to an adopted child.

The adoption of children by foreign citizens or stateless persons is permitted only in cases where it is not possible to transfer these children for upbringing to families of citizens of the Russian Federation permanently residing in the territory of the Russian Federation, or for adoption to relatives of the children, regardless of the citizenship and place of residence of these relatives. How to adopt a child?

Borrowing money is a phenomenon that is quite characteristic and widespread in modern society. It would be legally correct to issue a loan with subsequent documented repayment of funds.

Adoption of a child is a form of placement for a child left without the care of one or both parents, in which family relations are legally formalized between the adopted child and the adoptive parent.

The procedure for adopting a spouse's child has some peculiarities. Let us consider in detail the most common situations.

There may also be cases when it is inappropriate to demand such a document from the child’s relatives. This can be either the adoption of a child without the consent of a parent with limited legal capacity, or a missing person or someone deprived of parental rights.

The adoption procedure takes place according to the scheme provided by law, in accordance with all the nuances. You can become a father to your wife’s child from your first marriage only in a registered marriage with the mother of this child.

Requirements for an adoptive parent

Despite the fact that the spouse of the child's mother does not have to take adoption courses if he wants to become the father of the child, he must still pass a medical commission, because family law limits the possibility of adoption in the presence of certain diseases.

Adoption is possible only if there are legally defined grounds:

The immediate desire of the child's stepfather to be adopted.
Full compliance of the stepfather with all legal requirements for adoptive parents.
Consent of the child's mother to the procedure.
Consent of the child's father to the transfer of parental rights.

The adoption of a child by the cohabitant of the mother of a minor is not allowed; the relationship between the stepfather and mother must be registered with the civil registry office.

Before immediately starting the procedure for transferring parental rights, the adoptive parent must undergo a medical examination from specialists and obtain the appropriate conclusion:

therapist;
psychiatrist;
expert in narcology;
neurologist;
phthisiatrician;
infectious disease specialist;
oncologist;
dermatologist;
venereologist.

These doctors can diagnose diseases that interfere with the adoption procedure. In the absence of a medical certificate, adoption is impossible.

Taking into account the child’s opinion when adopting a stepfather

If a stepfather wants to adopt a child, then in this case the mandatory consent of the biological father (if he is alive) may be required. This is necessary when the natural father fulfills his obligations to the minor.

For example, he regularly pays child support and takes an active part in raising the child. Registration is impossible without the mandatory consent of a biological relative.

To ensure the interests and rights of a minor to carry out the adoption, it is necessary to obtain the consent of the child. This is stated in Article 12 of the Convention on the Rights of the Child. The consent form must necessarily correspond to his age category and health status.

In this case, the minor must give consent not to the adoption in general, but to the adoption by a specific citizen. In this case we are talking about the husband of the mother. Due to circumstances, many couples break up and end up having children together. For example, after a divorce, a woman built a new relationship and got married a second time.

The newly made spouse gets along with the child and takes care of him. He decides to officially adopt the baby

In such a situation, the court will take into account the fact that the minor has already communicated with this person, he trusts him, sympathizes with him, and also, importantly, has found a common language with him

If the child has not yet reached the appropriate age and level of development at which he can express his personal opinion and attitude towards the adoptive parent, then his consent is not mandatory.

General provisions

Before adopting a child, the adoptive family will have to obtain consent from the child's biological parents. It must be given in writing, drawn up in accordance with certain templates. To certify the document, you must contact one of the following specialists:

notary-practitioner;
a representative of the guardianship authorities registered at the child’s residence address;
director of the orphanage or hospital where the minor is staying.

In addition, parental consent to adopt a child can be given orally during the legal proceedings. In this case, it is immediately entered into the minutes of the meeting and from that moment officially comes into force.

The transfer of parental rights requires the presence of the following persons:

the judge who will decide the outcome of the case;
representatives of guardianship authorities whose tasks include protecting the rights of minors;
adoptive parents as interested parties;
biological parents of the minor, who must confirm the fact that they are not against adoption;
a child who has reached a certain age.

The parents of the adopted child have not been identified

It is generally accepted that the parents of a child are not identified or are said to be unknown when there is no information about who the mother or father of the child is. They don’t know their first or last names.

These are mostly “foundling” children who are found abandoned in different places.

The Baby Boxes project is becoming more and more widespread. Baby boxes are special rooms for babies where any woman can leave an unwanted newborn baby anonymously, without being held accountable by law. This gives children a chance to survive and even find a new family.

When finding abandoned children, representatives of the Ministry of Internal Affairs draw up a protocol, an act, or issue a corresponding certificate.

These documents will become the main ones for registering abandoned children without parental consent.

Statements of parental consent for adoption are not required if the children:

thrown, or thrown;
found in places where military operations take place;
children are found in places where there has been a natural disaster or other emergency.

All these events are confirmed by an act drawn up in the prescribed form by the internal affairs bodies. The mother and father of these children remain unknown.

What information should be included in the notarial consent?

In a standard situation, it is enough to indicate the body to which the consent is sent, the name, passport details, registration address of the applicant and the essence of the problem.

Details will be needed if the mother abandons the baby in the maternity hospital - the new family will want to know more about the baby. Such a case is indicated in the statement:

nationality;
anthropometric data: height, build;
eye, hair color;
the level of education;
the presence of chronic or hereditary diseases.

Sometimes the mother limits herself to making a note about whether or not she is registered at a psychoneurological dispensary. But this is not mandatory.

Consent form for adoption of a child by another person

The court can give permission to transfer the child to a new family only after his birth.

During pregnancy, such agreements are not issued. The mother and father or other persons responsible for the child obtain permission to transfer him to another family in writing.

The document may contain the name of the person adopting their child. If specific names are not named, any citizen who meets the requirements can act as an adoptive parent.

After preparation, the paper is certified by a notary.

Required items

There are no strict rules for drawing up a document on the transfer of children to a new family.

There are some points that must be reflected in the document:

the addressee to whom the permission is sent is indicated;
personal data of the applicant;
The essence of the application is permission or prohibition for adoption. Here the data of a specific person to whom permission has been given may be indicated and the reasons for choosing this particular person may be indicated;
personal data of the adopted child;
basic information about parents (hair color, eyes, height, nationality). These data are entered at the request of the applicant;
testimony on the health status of the person who wrote the application: presence of mental illness, registration with a narcologist;
date and signature;
marks of the person who certified the document.

A sample application containing permission for adoption by another person can be downloaded on the Internet, or you can obtain the form of such a document from a notary office, guardianship authority, or court.

Sample

An example of an application for permission to adopt from a father:

In the upper right corner is written the name of the organization where the application is being written.

To the director (name of the orphanage or other institution) Petrov Petrovich

from citizen Vasiliy Vasilievich (initials of father, author of the application)

passport details where the father is currently registered,

who is the applicant's relationship to the child?

Agreement

(written in the center, like a title, with a capital letter, without a dot at the end).

Place and date of filling.

I, the undersigned, citizen of the Russian Federation Vasiliy Vasilievich Vasiliev, hereby inform that I renounce my rights and fulfill my responsibilities for raising my son, who has not reached the age of majority, Maxim Vasilievich Vasiliev, born January 1, 2005. I give my consent to the procedure for his adoption by a citizen of the Russian Federation, Ivan Ivanovich Ivanov, born on March 10, 1975, who is the legal spouse of the mother of my son, Maria Mikhailovna Mareva, born on June 1, 1975. I have no claims of a property or other nature.

The text was reviewed in the presence of a notary.

The applicant's signature and its transcript.

In this case, the father gives permission to adopt his son to the husband of the biological mother of his child.

How is consent obtained?

Consent (abandonment of the child) can be formalized in the form of a written document or expressed orally in personal presence in the trial.

When preparing a written document, the following options are possible:

Through a notary . The law allows you to contact any notary office in the country. The document must contain the refusal of the child and permission for his transfer to a third party. You can specify a specific citizen or general information. The notary must notify the father of the consequences of this consent. The document is subject to certification for a fee. The period of its use is not limited. The mother of a minor can use it immediately or after a few years.
In a court . The document is drawn up in the presence of a judge, court secretary or assistant judge. It contains permission to adopt, an application for which is already in court. At any time before the court decision comes into force, a man has the right to revoke it. It is not subject to notarization and is issued free of charge.

Application processing time

Due to the fact that the court is obliged to study all documents thoroughly, there are no specific deadlines for consideration.

First, a first hearing is scheduled, during which the court examines in detail all the documents provided and decides on the need to attract witnesses.

Then a date is set for the main meeting, at which all participants in the process must be present.

These are: spouse, stepfather, child, prosecutor and guardianship representatives

As a result of the main meeting, a final decision is made on the possibility of adoption of the child by the stepfather.

How to get a new birth certificate?

To obtain a new birth certificate, you need to apply with a court order to the local civil registry office. A similar application is submitted there and a new birth certificate is issued within two weeks.

You need to attach the following package of documents:

applicant's passport;
past birth certificate;
Marriage certificate;
a court decision with a seal on the legality of the action.

The new birth certificate is no different from the old form. The father just fits in there. Accordingly, if the adoptive parent wants to change his last name to his own, then it will change there. But it is worth indicating this in the application. If desired, his nationality will be indicated.

After receiving a new birth certificate, the adoptive parent has the right to contact the passport office to make a mark.

Is it possible to change the decision?

There are situations in which parents decide to withdraw their application, refusing permission to adopt. Is this possible? Current legislation allows you to change the decision before the relevant court ruling is issued.

If the court has already approved the adoption, but the parent changes the decision, then he will have to file a counterclaim. At the same time, there will be few opportunities to win the case, since the court in most cases does not intend to break up a newly created family. In addition, such a decision may entail negative consequences for the parent. To satisfy a claim, it must have compelling arguments:

desire to take a child to live together;
evidence that the child does not like being in the adoptive family, etc.

Therefore, in order to successfully adopt a child, a potential adoptive family needs appropriate consent from the child's natural parents. It is not difficult to complete, but for the application to come into force, it must be certified by an authorized person. Instead of written permission, parents may consent to the adoption orally through a court hearing.

Sample consent for adoption of a child by another person in Russia

Does a child need to give permission if they want to adopt him?

Does the child himself have the right to vote?

About the author of the article

Required items

Related documents

Cases when parental consent for adoption is not required

Legislation

Legal requirements for people who take this step

How to give up a child to a father

Registration procedure

What documents are needed?

Possible additional papers

How to obtain a mother's consent for a stepfather to adopt a child

Parents declared missing

Procedure for registration of adoption

Obtain consent from the biological father

Wife's consent

Child's consent

Documents for guardianship authorities

Conclusion of the board of trustees (guardianship authorities)

Going to court

End of the trial

Consent of the other spouse to adoption

Requirements for an adoptive parent

Taking into account the child’s opinion when adopting a stepfather

General provisions

The parents of the adopted child have not been identified

What information should be included in the notarial consent?

Consent form for adoption of a child by another person

Required items

Sample

How is consent obtained?

Application processing time

How to get a new birth certificate?

Is it possible to change the decision?