Adoption of children by foreigners in Russia: procedure, documents, prohibitions

Recently, the adoption procedure has become more and more popular. A huge number of couples annually accept orphans into their families. This phenomenon has a positive effect on the health of our society, since it is natural that every child needs to have a mother and father who will properly raise him and give him a start in life.

In addition, the international nature of adoption has expanded significantly in recent years. Thus, a huge number of families annually accept children from other countries into their families. Therefore, we suggest paying attention to issues regarding the adoption of foreign children.

How many orphans are there in Russia?

There is not much publicly available information about the number of children in orphanages in Russia. But we managed to find something.

According to the Prosecutor General's Office, from 2021 to 2021. the number of orphans decreased from 44,823 to 39,694 thousand people .

According to official statistics, there are fewer children in Russian orphanages every year.

There are fewer orphans in Russia. Photo: unsplash.com

Introduction

Adoption of children is one of the institutions of family law, a legal act by virtue of which legal (personal and property) relations similar to the relations between children and parents are established between an adopted child and his adoptive parent.

Children need their parents, their care and protection; in orphanages they cannot receive enough attention and love, so adoption is the most acceptable way to protect the rights of a child left without care.

This topic is currently quite relevant, since, although recently there has been a tendency to reduce the number of children left without parental care, there is still no reason to believe that all orphanages and infant homes will close soon, and it is necessary to strive with all our might to such an outcome, and first of all legislatively. It is necessary to involve foreign citizens in the adoption of Russian children, since the main task is for children to grow up in a family.

The object of the course work is the legal relations that arise in the process of adoption of children - citizens of the Russian Federation by foreign citizens.

The subject is the current legislation of the Russian Federation regulating the adoption of children who are citizens of the Russian Federation by foreign citizens.

The purpose of the course work is to review the legislation on the adoption of children who are citizens of the Russian Federation by foreign citizens, to identify problems that arise during such adoption, as well as to find ways to improve the legislation.

To achieve this goal, the following tasks were set:

Study the procedure for the adoption of children who are citizens of the Russian Federation by foreign citizens;
Research the legal status of international organizations involved in international adoption;
Identify the problems of cancellation of adoption at the present stage;
Analyze the general problems of adoption of Russian children by foreign citizens;
Consider the consequences of the adoption of the so-called “Dima Yakovlev Law”

The methods of this work are:

— Literature analysis;

— Analysis of regulatory documentation on the topic of course work;

— Comparison;

— Document analysis.

The scientific novelty of this work is manifested in the fact that it addresses the latest problems of adoption of children who are citizens of the Russian Federation by foreign citizens.

The presented work can be used to improve the considered gaps and problems in legislation.

The introduction reveals the relevance, defines the object, subject, purpose, objectives and methods of research, reveals the theoretical and practical significance of the work.

The first chapter discusses the procedure for the adoption of Russian children by foreign citizens, the legal status of international organizations involved in international adoption, as well as issues regarding the cancellation of adoption.

The second chapter reveals the problems of adoption of children who are citizens of the Russian Federation by foreign citizens.

How to find a child for adoption

All orphans and children under 18 without parental care are in a special information database - the Federal State Database (FGBD). Information from all regions comes here. With the help of the database, they will find out why the orphan ended up in the orphanage, his character traits, and personal information.

Who has access to the FGBD? Of course, no one will be able to randomly enter the data bank. Guardianship officials are working with him. Only bank operators have access.

You can contact your local department of guardianship and trusteeship and choose a child. From the personal file you will learn about the physical condition of the orphan. A conversation with your baby will help you decide on adoption.

Is the child's consent required?

The legislation of not all countries provides for obtaining the child’s consent for adoption.
If it is not required in the country of which the minor is a citizen, then consent is not required on the territory of Russia. In those countries where the consent of the adoptee is required, it is asked from the child if he is already 10 years old.

But even in cases where the law does not require the child’s consent, his reaction to the adoptive parents is taken into account when deciding whether these particular candidate parents are suitable for him.

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List of papers when adopting a child from the Russian Federation

When collecting a package of documents for adoption, you cannot do without:

identification document , application and application form of the applicant for adoption;
copies of the certificate of completion of the training of the future parent. During the courses, foreigners will be told about the adaptation of an adopted child, the intricacies of sex education, and the necessary competencies of a father and mother;
certificates of a foreign organization for the right to conduct this training;
document of a Russian citizen at the consular department of the Russian Federation.

The documents of a candidate for guardianship will be accepted only if all of them are translated into Russian. Each must be certified by a Federation notary.

In accordance with what is the adoption of foreign citizens in the Russian Federation carried out?

Russian citizens can adopt a child who has the citizenship of another country. The whole process is regulated by the law of the country whose citizenship the child has, as well as the Family Code of Russia.
The adoptive parent must obtain consent for adoption from the child's legal representatives, and he must also be given permission from a special body of the country whose citizenship the child has.

In some cases, according to the legislation of the country, the consent of the person being adopted is also required.

Consideration of an adoption case in court

The next stage is the transfer of the foreigner’s application to the Russian court. An adoption case is considered only if a complete package of documents is submitted. Otherwise, people who are ready to adopt a child from an orphanage will be refused until the papers are in order. In the application, the foreign adoptive parent indicates:

personal data;
the reason for the decision to adopt a foster child;
petition to change the child’s full name;
information about the existence of relatives of the adoptee;
place of registration of the child.

The court verifies all information. The meeting, which is attended by a foreigner, takes place over two months. The judicial authority may refuse adoption for various reasons. Foreigners will not receive permission if they do not have enough funds to provide for the baby. Such facts are documented. If they do not have a permanent place of residence, the child will not be given to them either.

Foreigners are obliged to provide the child with complete spiritual, moral, and physical education. Therefore, the court will take into account the religion of the adoptive parent and the child, language and culture, even the difference in age.

There are foreign companies in Russia that provide services for foreigners to adopt children. They help them understand this procedure and act as their representatives. Such organizations cannot lack accreditation. And if, nevertheless, unscrupulous companies try to work without it, the court will simply refuse to adopt the potential parent. Having waited for a favorable outcome (if it is such), the adoptive parent has the right to take the child home.

Once the court makes a decision, the future parent will be given copies of the documents. The foreigner will be given an adoption/guardianship certificate and a birth certificate for the baby.

TO ADOPT A CHILD IN RUSSIA, A FOREIGNER NEEDS TO COLLECT A PACKAGE OF DOCUMENTS AND WIN THE COURT. PHOTO: UNSPLASH.COM

Requirements for candidates who have expressed a desire to adopt a foreign child

The first and main point on the path to accepting a child into your family is the conviction that the person meets all the requirements that apply to the candidate. If we talk about the process of international adoption, then in this situation a Russian citizen must meet all the parameters specified in national legislation.

In accordance with regulatory legal acts, the following requirements are established for candidates for international adoption:

the couple must be married no later than three years before submitting the application for adoption;
people who have been married for less than three years, but have lived together as a family for the total duration of the required period, have the right to adopt children;
the married couple must live together;
Candidates for adoptive parents must have all the moral qualities and material means to raise and support a child.

If we talk about age categories, then regulatory legal acts have certain restrictions on this criterion. So, today it is necessary to observe the age difference between the child and the candidate for his parents. It must exceed eighteen years, but not more than forty-five years in the case where one person joins the family and fifty-five in the case of a couple consisting of two spouses.

That is, according to this principle, a person who has turned 20 years old has the right to adopt a child up to two years of age.

But there is an exception to this rule. Thus, the law allows not to comply with such age restrictions in the case when brothers and sisters are accepted into the family, or the candidate has his own or an adopted child who has not reached the age of majority.

Such restrictions are being taken so that the state is confident that natural development conditions will be created for children, such as those found in ordinary families with their own biological children. In addition, it provides confidence that the adoptive parents will be able to raise the children, since their age and development make it possible to be confident in this fact.

Who and how monitors the child’s new family and the adopted child?

After the trial, it is important to register the adoption of a Russian child in the registry office. You also need to have time to register the new family member with consular registration in the country where the baby is going to live - this is given 3 months from the date of arrival. By the way, the law does not prohibit the preparation of documents before the child leaves the country. In this case, registration can be done through the Consular Department of the Russian Ministry of Foreign Affairs.
The place of residence of a little Russian is registered at the consular mission of the Russian Federation. When it changes, it is appropriate for the adoptive parent to inform about it. Afterwards, register the child with the consulate at the new place of residence.

Having gone through all the stages, the foreigner becomes a full-fledged parent. This means that he has the right to change the citizenship of the child. There is a nuance here. If the child is under 10 years of age, the decision on citizenship is made by the mother or father. And parents of children 10 years old and older should take their opinion into account. The child must sign a consent to change citizenship. This is what the Family Code of the Russian Federation says.

Raising a child is a delicate matter, and since the baby is adopted, we must not forget about formalities. For example, until the adopted child becomes an adult, the guardianship authorities will be interested in his life. First, they monitor the child’s living conditions 4 times a year. When the baby lives with new parents for 3 years , control will be reduced to 2 times . Data about the child’s studies, health and family atmosphere are sent to Russia. Photographs are considered evidence.

To create a full-fledged family, children of different ages are chosen. Children who, so to speak, understand everything, do not always know the truth about their parents. And they may not even know that the child’s mother and father are not relatives. In Russia there is a Secret of Adoption . Its disclosure is prohibited by Russian law. Those who, for some reason, revealed the secret to a third party may go to jail.

The state supports people who decide to raise a foster child. They are entitled to payments. Their size varies. What funds will be paid to the “newly made” parent and for what period, he can find out from the Pension Fund. To do this, you need to go there with a passport, an application and a certificate of adoption or guardianship. But this can be done no earlier than six months after the procedure.

Testing the suitability of candidates for international adoption

The next step is to check candidates for compliance with future status. This is a very important step and almost half of the success of the whole business depends on it.

In this situation, we are talking about the fact that social services of a certain state conduct an in-depth analysis of both the moral readiness of candidates and the financial and material foundations for education.

This procedure is carried out differently in each country. In some states, this is a specific conversation with an authorized person. In some states, you will need to talk to several people, for example, a psychologist, a judge who is handling the case, etc.

Regardless of how many offices you need to go through, each authorized person draws up a special act, which indicates the level of readiness of the candidates to accept a child into their family.

As a rule, this stage takes place from 1 to 6 months after submitting the application. Social services or other authorized persons may require additional documentary evidence. They warn about this earlier, so problems, as a rule, do not arise about this.

Based on the results of the stage of checking candidates for readiness, authorized persons make a decision on further advancement of the case, or on refusal of adoption. If the answer is positive, the couple is issued a special document that confirms that they have passed this type of test. Also, such permission may not be issued in person, but sent directly to the authority that will subsequently consider the case of adoption of the child.

Who is prohibited from adopting children in Russia

Not all foreign citizens can accept a Russian child into their family. Back in 2014, Prime Minister Dmitry Medvedev tightened the rules for the adoption of Russian orphans by foreigners.

“Persons who are citizens of a state where same-sex unions are permitted and who are not married cannot be adoptive parents,”
the resolution clarifies .

In addition, orphans living in the Russian Federation do not have the opportunity to join an American family. Nine years ago, the Russian government banned US citizens from adopting Russian children due to several cases of child deaths in the States. The reason was the cruel treatment of foster children by parents.

A few more prohibitions that apply to all adoptive parents from abroad:

The restriction applies to all foreigners declared incompetent and those who have been deprived of parental rights.
Foreign citizens who have an outstanding criminal record cannot become parents.
It is prohibited to take guardianship or adopt children for citizens of foreign countries with any addiction, mental disorder, disease with stable remission, as well as disabled people of the 1st group .

NOT ALL FOREIGNERS WILL BE ALLOWED TO ADOPT A RUSSIAN CHILD.
PHOTO: UNSPLASH.COM And it's not all taboo. There is a category of citizens whom guardianship authorities have removed from their duties as guardians. They are prohibited from applying for either guardianship or adoption. This right is limited in several cases.

Firstly , when due to a parent’s illness . It turns out that the father or mother themselves are not to blame for the situation, but their adopted son or daughter will still be taken away from them. Secondly , when parents behave with their child in such a way that living together can become dangerous for the second one . If this behavior continues for at least 6 months, the guardianship authorities will file an application with the court. And if during this time the problem is resolved, the legal representatives will allow you to reunite with the children. This measure, by the way, applies not only to foreigners, but also to citizens of the Russian Federation.

If a foreigner planning to adopt a Russian baby does not fall under any of these points, he can safely fill out papers for adoption/guardianship. Even though this is a long, complex process that requires attentiveness, the desire to become a parent is much stronger.. .

Rules for the adoption of a Russian child by a foreign citizen

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Organizing a search for a child and meeting him

The next stage is the immediate choice of the child himself, whom the couple intends to accept into their family in the future. After a document is issued confirming that the candidates meet all the requirements, the couple is sent to get acquainted with possible candidates for the role of an adopted child.

In most countries, referrals are made to a specific social institution where children deprived of parental care live. There, the relevant workers familiarize future parents with their babies. At the beginning there is a documentary acquaintance. The couple is provided with questionnaires for each of their children. After they choose several candidates, acquaintance takes place.

As a result of such a meeting, the family must decide on the child’s candidacy. After this, meetings are organized for the future adoptive parents and the baby to get to know each other and for a certain adaptation of personalities. As a rule, during such a joint pastime there is always a social worker present who monitors how suitable the candidates are for each other and whether there is mutual understanding between them.

As a result of such meetings, the authorized person draws up a report on the progress of the acquaintance. In it, he gives his verdict on how advisable it is to give the baby to this family. Such a document is sent to the authorities that document the entire process.

Based on this conclusion, the social protection authority either moves the case forward or denies the couple adoption. At the same time, in accordance with international standards, parents must be given the reason for refusal. This will serve as a lesson in the future for more successful preparatory stages.

But, we note once again that this procedure is of a general nature and may differ depending on each individual state.

Arbitrage practice

Resolution of the Plenum of the Supreme Court No. 8 of 2006 provides for the need for the court to study information that the guardianship department has exhausted all methods of placing a minor in a family of Russian citizens. In the absence of evidence, the court will refuse to satisfy the claims.

Example . A foreign family wanted to adopt a boy from St. Petersburg. They prepared the documents and went through all stages of preparation. The court refused to satisfy the demands, since the case materials did not contain a refusal to accept the minor into the family of the adoptive parent, in which the brother of the adoptee was raised. The woman submitted a conclusion to the process about the possibility of becoming a candidate and confirmed that she wishes to accept the child into the family. The foreign family filed an appeal. But the second instance left the decision unchanged.

However, in a number of cases, during questioning in the courtroom, the adoptive parents of the adoptee's brothers and sisters refused to accept the child into the family.

Example . A family of foreign citizens wanted to adopt a girl whose brother was under the care of her grandparents. During the process, it turned out that there was no information about the grandparents’ refusal to accept the minor into the family. The process was suspended. Relatives were summoned to court. They confirmed that they do not consider the girl a blood granddaughter and do not want to accept her into the family. After which the process continued. The court satisfied the demands of the adoptive parents.

Problems of international adoption of Russian children by foreigners

In recent years, our country has been increasingly shaken by scandals related to the adoption of Russian children by foreigners. I would like to understand and try to at least come closer to understanding whether these problems are caused by insufficient or incorrect legislative regulation, or, at least, stem from law enforcement.

According to Art. 124 of the Family Code of the Russian Federation (hereinafter referred to as the Family Code of the Russian Federation), adoption is allowed in relation to minor children and only in their interests in compliance with the requirements of paragraph three of paragraph 1 of Article 123 of the Family Code of the Russian Federation (when placing a child, his ethnic origin, belonging to a particular religion and culture, native language, the possibility of ensuring continuity in upbringing and education), as well as taking into account the opportunities to provide children with full physical, mental, spiritual and moral development.

Regarding the application of the provisions of paragraph. 3 p. 1 art. 123 of the RF IC and taking into account ethnic origin, language, etc., there is the following explanation: Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 20, 2006 No. 8 “On the application of legislation by courts when considering cases of adoption of children,” which states that the interests of children during adoption should, in particular, be understood as the creation of favorable conditions (both material and moral) for their upbringing and all-round development. When deciding on the admissibility of adoption in each specific case, one should check and take into account the moral and other personal qualities of the adoptive parent(s) (circumstances characterizing the behavior of the applicant(s) at work, at home, the presence of a criminal record for crimes against the person, for mercenary and other intentional crimes, etc.), the state of his health, as well as the family members living with him, the relationships that have developed in the family, the relationships that have arisen between these persons and the child.

These circumstances must be equally taken into account when adopting a child by both strangers, stepfather, stepmother, and his relatives.

It should be borne in mind that the law does not provide for any restrictions on the adoption of children depending on their state of health. At the same time, if the adopted child suffers from any diseases, the court needs to find out whether the adoptive parents are aware of the child’s diseases, and whether they can provide such a child with proper care and appropriate treatment (see paragraph 15 of Resolution No. 8).

The above-mentioned Resolution No. 8, however, does not at all provide an explanation on the question of how to take into account those listed in paragraph. 3 p. 1 art. 123 RF IC ethnic, linguistic, etc. features. That is, this issue is left to the relevant authorities.

How this issue will be resolved, how and to what extent the above circumstances will be taken into account, remains unclear.

In addition, the question arises about how and how authorized bodies should assess the possibilities of providing children with full physical, mental, spiritual and moral development. Again, other than what is stated above in Resolution No. 8, there is little clarification on this issue.

The situation is quite banal, as it seems at first glance: they will evaluate according to the documents submitted to the court, and the court will evaluate “according to its inner conviction.”

And if you look at it, the lack of clear explanations, I repeat, not just a word-for-word repetition in explaining the norm of the law itself, but rather explanations of how exactly the provisions of the norm of law should be understood and applied in certain cases, creates a situation of uncertainty in the outcome of the case, since almost There are always ambiguities and doubts that the “inner conviction” of a particular judge will work correctly.

Now, regarding the adoption of children by foreigners. There are only four articles relating to the adoption of children by foreigners in the RF IC - clause 4 of Art. 124, paragraph 2 of Art. 126, paragraph 4 of Art. 127, art. 165.

The issue of adoption of children by foreign citizens and stateless persons is regulated by clause 4 of Art. 124 RF IC. It should immediately be noted that this paragraph is in effect as amended by Federal Laws No. 94-FZ dated June 27, 1998, and No. 185-FZ dated December 28, 2004. This in itself would not mean anything, however, in connection with numerous scandals, such a prolonged lack of attention to the legislative regulation of the issue of adoption of children by foreigners becomes somewhat strange.

According to Art. 4 tbsp. 123 of the RF IC, 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 citizenship and place of residence these relatives. Children may be placed for adoption by citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, foreign citizens or stateless persons who are not relatives of the children, after six months from the date of receipt of information about such children in the federal data bank on children left without parental care, in accordance with paragraph 3 of Article 122 of the RF IC.

As follows from paragraph 2 of Art. 126 of the Civil Code of the Russian Federation, registration of foreign citizens and stateless persons wishing to adopt children who are citizens of the Russian Federation is carried out by executive authorities of the constituent entities of the Russian Federation or by a federal executive authority (clause 3 of Article 122 of the RF IC).

Clause 4 of Art. 127 of the RF IC establishes a general requirement for the training of persons wishing to adopt into their family a child left without parental care, which is carried out for the purpose of psychological, pedagogical and legal training of these persons according to the program and in the manner approved by the executive authorities of the constituent entities of the Russian Federation . Requirements for the content of the training program for persons wishing to adopt a child left without parental care into their family, and the form of the certificate of completion of such training on the territory of the Russian Federation are approved by the federal executive body authorized by the Government of the Russian Federation.

At the same time, foreign citizens, stateless persons or citizens of the Russian Federation permanently residing outside the territory of the Russian Federation who wish to adopt into their family a child left without parental care and who is a citizen of the Russian Federation may submit documents confirming that they have undergone appropriate training for territory of the state in which they permanently reside, taking into account the topic and in an amount no less than that provided for in the training program for persons wishing to adopt a child left without parental care into their family.

In the event that foreign citizens, stateless persons or citizens of the Russian Federation permanently residing outside the territory of the Russian Federation who wish to adopt a child into their family have not undergone appropriate training on the territory of the foreign state in which they permanently reside, the specified training is carried out on the territory of the Russian Federation in the manner established by clause 4 of Art. 127 RF IC.

The above requirements for the training program for persons wishing to adopt a child left without parental care into their family were developed by Order of the Ministry of Education and Science of Russia dated August 20, 2012 No. 623 “On approval of the requirements for the content of the training program for persons wishing to adopt a child into their family. left without parental care, and a form of certificate of completion of such training on the territory of the Russian Federation.” This program should contain the study of the following sections:

“Introduction to the course of training candidates for adoptive parents”;
“An idea about the developmental needs of an adopted child and the necessary competencies of adoptive parents. The concept of motivation of adoptive parents";
“Stages of Child Development”;
“Features of development and behavior of a child left without parental care and subjected to cruel treatment. Disproportions in child development";
“The consequences of a break with the birth family for the development of a child left without parental care (attachment disorders, features of the experience of grief and loss, the formation of personal and family identity)”;
“Adaptation of a foster child and a foster family”;
“Difficult” behavior of an adopted child, skills for managing “difficult” child behavior”;
“Ensuring the safety of the child. Measures to prevent the risks of abuse and harm to the child’s health”;
“Features of sex education for an adopted child”;
“The role of the family in meeting the developmental and rehabilitation needs of the child”;
“Fundamentals of the legislation of the Russian Federation on the placement of children left without parental care into families of citizens”;
“Interaction between foster families and guardianship authorities and other organizations providing services to children and families”;
“Summing up the results of mastering the training course for candidates for adoptive parents.”

At the same time, the content of the sections and the labor intensity of the program, the requirements for the level of training of candidates for adoptive parents who have successfully completed it, the form of training (full-time or part-time), as well as the use of distance learning methods when conducting it in part-time and part-time form are determined independently by the authorities executive power of the constituent entities of the Russian Federation.
It has been established that the total labor intensity of the program should be no less than 30 and no more than 80 academic hours (of which at least 70% of the academic hours are practical classes (training), including the final certification (interview)).

In order to implement the above requirement, the Ministry of Education and Science of Russia prepared a letter dated August 24, 2012 No. IR-713/07 “On the preparation of persons wishing to take into their family a child left without parental care” (together with “Recommendations for the organization and implementation of training activities persons wishing to adopt into their family a child left without parental care"). The above applies to all persons, including foreigners, unless they have undergone such training in the country in which they permanently reside.

Another article of the RF IC, which concerns foreign adoption, provides for adoption taking into account the specific application of family law to family relationships involving foreign citizens and stateless persons - Art. 165 RF IC.

It is provided that adoption on the territory of the Russian Federation by foreign citizens of a child who is a citizen of the Russian Federation is carried out in accordance with the legislation of the state of which the adoptive parent is a citizen at the time of filing an application for adoption or cancellation of adoption.

When adopting a child who is a citizen of the Russian Federation on the territory of the Russian Federation by foreign citizens, the requirements of Articles 124 - 126, Article 127 (with the exception of paragraph eight of paragraph 1), Articles 128 and 129, Article 130 (with the exception of paragraph fifth), Articles 131 - 133 of the RF IC, taking into account the provisions of the international treaty of the Russian Federation on interstate cooperation in the field of adoption of children. Adoption on the territory of the Russian Federation by foreign citizens or stateless persons married to citizens of the Russian Federation of children who are citizens of the Russian Federation is carried out in the manner established by the RF IC for citizens of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation .

Clause 3 of Art. 165 of the RF IC provides that the protection of the rights and legitimate interests of children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons outside the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation, is carried out within the limits permitted by international law, consular offices of the Russian Federation, in which these children are registered until they reach adulthood. The procedure for registering children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons with consular institutions of the Russian Federation is determined by the Government of the Russian Federation.

Thus, the legislation rather sparingly regulates the adoption of Russian children by foreigners, despite the existing problem.

The Presidium of the Supreme Court of the Russian Federation considered the issue of international adoption in detail; on May 23, 2012, it approved the “Review of the Supreme Court of the Russian Federation of the practice of consideration in 2011 by regional and equal courts of cases on the adoption of children by foreign citizens or stateless persons, as well as citizens of the Russian Federation, constantly living outside the territory of the Russian Federation,” where the court analyzes this issue. The court points out that the existing opinion that international adoption is widespread in Russia, and that Russian citizens adopt children extremely rarely, is erroneous and has not been confirmed.

According to statistics, in 2009, district courts considered 16,863 cases based on applications from Russian citizens for the adoption of children left without parental care, with 16,747 cases considered with satisfaction of the applications.

As for cases of international adoption, in 2009, with decisions made by regional and equal courts, 3,427 such cases were considered (3,420 applications were satisfied), which is 4.9 times less than cases of adoption of children by Russian citizens considered courts over the same period.

In 2010, 15,513 such cases were considered and decisions were made, of which 15,415 applications were satisfied. Over the 12 months of 2011, 15,218 cases on applications from Russian citizens for the adoption of children were considered and decisions were made, of which 15,076 applications were granted.

In 2010, 2,990 cases of international adoption were considered and a decision was made, which is 5.2 times less than the number of cases of adoption of children by Russian citizens considered during the same period.

Over the 12 months of 2011, 3,076 cases of international adoption were considered with a decision (including 3,069 cases with satisfaction of the requirement), which is 4.9 times less than during the same time decisions were made on the adoption of children by Russian citizens (15 218).

The percentage of satisfaction of applications from both Russian and foreign citizens for the adoption of children is high.

Thus, in 2009, the courts granted 99.3% of applications for the adoption of children by Russian citizens, in 2010 - 99.4% of applications, in 2011 - 99.1% of applications.

In cases of international adoption in 2009, 99.8% of applications were satisfied; for 2010 and 2011, the percentage of satisfied applications was 99.7% and 99.8%, respectively.

Based on the results of consideration of cases of international adoption of Russian children (as of December 23, 2011), the Review notes the following:

In 2011, in cases of international adoption of children, the applications were considered with satisfaction, the adoptive parents were most often US citizens (28%), as well as citizens of Italy (21%) and Spain (20%).

In addition, the adoptive parents were citizens of France (8%), Germany (7%), Ireland (4%), Israel (3%), Canada (2%), Great Britain (1.5%), Finland (1%), Malta (1%), Sweden (1%), Argentina (0.4%), Belgium (0.3%).

A small number of adoptive parents (from 1 to 6 cases) were, in particular, citizens of Switzerland, Austria, Cyprus, Ukraine, Kazakhstan, Greece, and Mexico.

The largest number of cases on international adoption in 2011 were considered with a decision by the St. Petersburg City Court (314 cases), the Moscow City Court (187 cases), the Perm Regional Court (181 cases), the Krasnoyarsk Regional Court (137 cases), and the Kemerovo Regional Court (124 cases), Khabarovsk Regional Court (110 cases), Kirov Regional Court (103 cases), Saratov Regional Court (100 cases), Sverdlovsk Regional Court (97 cases), Moscow Regional Court (94 cases), Novosibirsk Regional Court (92 cases) and the Primorsky Regional Court (91 cases).

As for the direct judicial practice in cases related to the adoption of children by foreign citizens, it should be noted that some judicial acts illustrate the insufficient regulation of this issue at both the legislative and law enforcement levels.

As an example, we can cite the Ruling of the Supreme Court of the Russian Federation dated February 26, 2008 No. 33-G08-1 in a specific case, when foreign citizens, married couple G. and D., were denied by the court an application for the adoption of minor M. due to the fact that that there was a valid decision of a foreign court, which should be taken into account when assessing the identity of the adoptive parent G. At the same time, the representative of the child’s guardian - the orphanage gave consent to the adoption of the girl by spouses G. and D. The representative of the guardianship and trusteeship authority believed that this adoption was in the interests of M.

When deciding the issue of adoption, the Russian court found that by a decision of a foreign court dated September 23, 1982, the marriage between plaintiff R. and defendant G. was dissolved due to the defendant’s cruel and inhuman treatment of the plaintiff. At the same time, the decision states that G. gave sworn testimony and presented an affidavit, convincingly proving for the Russian court the cruel and inhumane treatment of the plaintiff by the defendant. The Russian court's ruling states that when deciding on the admissibility of M.'s adoption by spouses G. and D., the court took into account other evidence. From the explanations of representatives of the orphanage and the administration of the municipality at the court hearing, it follows that M. is a difficult girl, does not adapt well to new conditions, and has a long period of adaptation. Her speech development delay is six months; She is an emotionally difficult child; she is withdrawn and has a hard time getting used to new surroundings and people. Future parents will need a lot of patience with her. Taking into account these circumstances, M.’s young age, as well as the short duration of contact between spouses G. and D. with her (in the absence of teachers, about 30 minutes twice), the court reasonably considered that there was no reason to assert that there was stable contact between the applicants and the child, sufficient for his adoption. Thus, the court, based on the requirements of Art. Art. 123, 124 of the RF IC, came to the correct conclusion that the adoption of minor M. by spouses G. and D. was not in the interests of the child, and therefore refused to satisfy their application.

The question arises of how it happened that only at the trial stage it becomes clear that the alleged adoptive mother had previously cruelly and inhumanly treated her husband. At the same time, the guardianship and trusteeship authorities do not carry out proper checks at earlier stages aimed at excluding admission to adoption of persons prone to violence and cruel treatment.

Some adoption refusals are due to the fact that the guardianship and trusteeship authorities do not take the necessary measures to place the child in a family in Russia. For example, the Kostroma Regional Court refused to satisfy the application of a US citizen to adopt a child, the reason being that the guardianship and trusteeship authorities did not take the necessary measures to place the child in a family of citizens of the Russian Federation. Namely: after six months from the date of registration of the child in the federal data bank, the girl, as the court found, was not offered to Russian citizens by the guardianship and trusteeship authorities, they actually stopped the work of placing the child in a family of Russian citizens; after issuing a referral to a foreign candidate for adoptive parents to get acquainted with the child after the expiration of the period provided for in paragraphs 24 and 29 of the Rules for maintaining a state data bank on children left without parental care and monitoring its formation and use, approved by the Decree of the Government of the Russian Federation of April 4 2002 No. 217, during which a foreign citizen is obliged to inform the relevant operator in writing about his filing an application to the court to adopt a child, the child was not offered to other candidates for adoptive parents, including Russian ones, for a long time. Meanwhile, the applicant and her representative (the adoption agency) took more than 10 months to collect documents and present them to the court, during which time the girl’s health improved, and the court identified candidates for adoptive parents from among Russian citizens wishing to adopt a child of that age and gender.

Separately, it is worth highlighting the issue of creating and forming a state data bank of children left without parental care, which is regulated by Federal Law dated April 16, 2001 No. 44-FZ (as amended on December 3, 2011) “On the state data bank of children left without parental care ", as well as developed in accordance with the above law by Decree of the Government of the Russian Federation dated 04.04.2002 No. 217 (as amended on 04.11.2006) "On the state data bank on children left without parental care, and monitoring its formation and use."

This issue is related to the fact that Article 124 of the RF IC enshrines the principle of priority of Russian citizens over foreign citizens in the adoption of minor children. In accordance with paragraph 4 of this norm, the adoption of children by foreign citizens or stateless persons is permitted if it is impossible to transfer the adopted 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 these children, regardless of the citizenship and place of residence of these relatives; six months have passed since the date of receipt of information about such children in the federal data bank on children left without parental care.

Some cases related to the refusal to adopt children are related to violations of the requirements of Art. 124 of the RF IC and failure to comply with the procedure and deadlines established by the above Federal Law No. 44-FZ and Resolution No. 217.

Responsibility for violation of the procedure or deadlines for providing information about minors who need to be placed in foster care with a family or in institutions for orphans or for children left without parental care is established in Article 5.36. The Code of Administrative Offenses of the Russian Federation, part 1 of which provides for the imposition of an administrative fine in the amount of 1,000 to 1,500 rubles for violation by the head of an institution in which there are children left without parental care, or by an official of an executive body of a constituent entity of the Russian Federation or a local government body of the order or deadlines for providing information about a minor who needs to be placed in foster care with a family (for adoption, under guardianship (trusteeship) or in a foster family) or in an institution for orphans or for children left without parental care, as well as providing knowingly false information about such a minor.

Commitment by the head of an institution in which there are children left without parental care, or by an official of an executive body of a constituent entity of the Russian Federation or a local government body, of actions aimed at sheltering a minor from being transferred to a family for upbringing (for adoption), under guardianship (trusteeship) ) or to a foster family) or to an institution for orphans or for children left without parental care, entails the imposition of an administrative fine in the amount of 2,000 thousand to 3,000 rubles (part 2 of part 5.36 of the Code of Administrative Offenses of the Russian Federation).

Also Art. 3.37. The Code of Administrative Offenses of the Russian Federation established administrative liability for illegal actions of adopting a child, placing him under guardianship (trusteeship) or in a foster family in the form of imposing an administrative fine on citizens in the amount of 1,000 to 2,500 rubles; for officials - from 4,000 to 5,000 rubles.

The above articles of the Code of Administrative Offenses of the Russian Federation are valid as amended on June 22, 2007, and have not been changed, despite high-profile scandals and obvious disproportions between the size of the administrative fine and the severity of the offense.

It should be noted that, according to Article 154 of the Criminal Code of the Russian Federation, illegal actions of adopting children, placing them under guardianship (trusteeship), for foster care, committed repeatedly or for mercenary reasons, entail criminal liability in the form of a fine of up to 40 000 rubles or in the amount of wages or other income of the convicted person for a period of up to three months, or compulsory labor for a period of up to three hundred and sixty hours, or correctional labor for a period of up to one year, or arrest for a period of up to six months.

Thus, from the analysis of the problems of international adoption of Russian children by foreigners, there is a clear need for more detailed legislative regulation of this issue, for more complete explanations of law enforcement practice, for improving methods of influencing officials responsible for adoption, for tightening the administrative liability of officials for violations adoption procedure.

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