How to adopt a wife's child from her first marriage in 2021? Procedure and documents

Family law > Adoption > Procedure for adopting a wife’s child from her first marriage

Currently, many marriages end in divorce, and children remain under the care of one of the parents - most often with the mother, who may later remarry.

The new spouse can become the child's official guardian or adopt him, receiving full paternity rights.

Many men recognize their wife’s children as their own, take care of them, teach them, help financially, fulfilling all parental responsibilities.

Therefore, many stepfathers are interested in how to officially adopt their wife’s child from their first marriage.

The adoption process cannot be called simple, but the result is worth it, since the family becomes a full-fledged unit of society, and the child does not feel abandoned by his biological father.

The adoption procedure in the Russian Federation is regulated by Chapter 19 of the Family Code and regulated by Government Decree No. 275, which spells out all the conditions and nuances - what adoption is, what documents need to be collected and other subtleties of the process.

Can I adopt my wife’s children from her first marriage while the biological father is alive and how?

If the child was born in a first marriage or out of wedlock, but paternity was recognized by the biological father, then you will have to go through the process of adopting the child of your wife from her first marriage while the father is alive.

It is possible to adopt a spouse's child while the father is alive only with his official consent, unless he voluntarily renounced his rights or was forcibly deprived of them through the court.

It is quite difficult to adopt a child if his blood father does not agree with the adoption by a stranger and is not deprived of parental rights.

If the biological parent consistently pays child support, communicates with the child, and takes a direct part in his upbringing, then it will be almost impossible to become the official father of the child.

If the father does not communicate with the child for more than six months and pays child support by court decision, and not voluntarily, then your chances increase.

The court will be able to make sure that the adoption will be favorable for the child and, possibly, make a positive decision.

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 register an adoption without the father's consent

You can become a father for your spouse’s child if the child has not reached the age of 18, and also if the biological father:

abandoned the child;
deprived of parental rights;
does not raise a child;
died.

In this case, the adoption procedure will be standard . First, the adoptive parent will need the permission of the official father, who must fill out a special application form and have it notarized.

But there are situations when the adoption of a child does not suit the father.

Then there will be a trial to clarify the arguments of the biological father and forcibly deprive him of parental rights.

His motives could be:

Personal. He doesn't want a stranger to become the father of his child.
Benefit. It is beneficial for a man to have the status of a father, although he does not live with the child and does not raise him.

The applicant's evidence and the defendant's motives are considered in court . Proceedings can only be decided by those authorized to deny your adoption or grant your request.

After the deprivation of the parental rights of the natural father, the court will make a positive decision on your adoption of his child no earlier than six months later.

Underwater rocks

If you are determined to become a father to your wife's child, then you should carefully think and prepare.

If you divorce your wife, you have the same parental rights as if you were the biological father.

In addition to legal issues, you may face a serious moral problem. Since you have assumed responsibility for this child, he may suffer mental trauma, because he is again abandoned by the parent whom he accepted as his own father.

Also, by law, the child you adopt has equal property rights as your own children. The descendants of this child have equal legal rights with the generation of their own children.

An adopted child loses similar rights in relation to his biological father.

If you want to become a father to your wife’s child, then he needs to have the right to choose whether to recognize you as the father or not. His word will be decisive for the court if he is over 10 years old.

You should also know that you are obligated to adopt all of your wife's children under 18 years of age.

When can't a stepfather become a father?

The law always stands on the side of protecting the rights of the child. Even the most caring stepfather can be rejected if he does not meet the requirements of an adoptive parent:

disagreement of the child's biological parent;
deprived of parental rights in court;
has an outstanding criminal record;
living conditions and financial status do not allow raising a child;
disagreement of the board of trustees that such paternity will have a beneficial effect on the child;
declared incompetent and has health problems;
not mentally healthy;
there is confirmed information about his inappropriate behavior, tendency towards sadism or pedophilia;
has problems with drugs or alcohol;
disagreement of a child who is already 10 years old.

If these restrictions have nothing to do with you, then you can start collecting the necessary documentation.

Where can I get a medical certificate?

Where can I get a medical certificate? This is one of the frequently asked questions in the guardianship authorities. The paper is issued at the applicant’s place of residence. You need to start with a visit to a therapist. The doctor will refer the citizen to the right doctors. If the applicant passes all the doctors and turns out to be healthy, then he will be given a document-conclusion, which will indicate that there are no obstacles to adoption. There are a number of diseases that make it impossible to obtain guardianship:

tuberculosis;
drug addiction (or alcohol addiction);
mental disorders;
chronic infections that do not go into remission;
any cancer;
Disability groups 1 and 2.

How to adopt your wife's child if she is a single mother

Unfortunately, often a mother raises her children on her own, without financial help from the father if he is missing or dead. In this case, the new spouse can adopt the child without his consent.

If a child was born to a single mother and there is no information about the biological father in the documents, you can use formal recognition of paternity . You can avoid the troublesome procedure by collecting documents and going to court.

You will only need your ID and your spouse's passport, her child's birth certificate and your marriage certificate.

At the nearest registry office, you submit an application to establish paternity, where you indicate that you are the father of the child, and you got married after his birth.

The registry office will change the entry based on the act of establishing paternity and indicate your last and middle name. A joint application can be submitted at any time before the child reaches adulthood.

By deciding to remain silent about the fact that you are not the biological father, you will make this procedure much easier for yourself. However, the blood father can challenge your paternity in court by providing evidence in the form of a genetic examination.

The stepfather has the right to adoption only if he has officially registered the marriage with the child’s mother. If a couple cohabits in a civil marriage, then such a right is not given to him.

Of course, there are also single fathers. If his new wife wishes to adopt her husband's child, the procedure and conditions will be the same.

The legislative framework

The procedure and conditions for the adoption of children are regulated by law and prescribed by the nineteenth chapter of the Family Code of the Russian Federation, as well as by Government Decree No. 275.

If a Russian citizen marries a citizen of another state with a child (also a citizen of another state), then the conditions and procedure for adoption are regulated by the Federal Law “On Citizenship of the Russian Federation” dated May 31, 2002, number 62-FZ.

What documents are needed to adopt a wife's child in 2021

To officially adopt a spouse’s children, you will need the following documents:

Application for adoption. Submitted to the district court at the place of registration.
Copies of passports of the mother and new spouse.
A copy of the marriage certificate with the children's mother and a copy of their birth certificate.
A document confirming the biological parent's renunciation of rights to children. A child cannot have two official fathers.
Autobiography and characteristics from the place of work.
A salary certificate in form 2-NDFL or an extract from work, which can confirm that you work and can financially support your family.
A document indicating your right to housing. This may be a privatization, sale or purchase agreement. Perhaps the court will make a request to provide a house register, where it will be possible to verify that there is sufficient living space for the child’s needs.
Medical certificate about your state of health in form 164/у-96.
A certificate from the Pension Fund or a copy of the pension certificate, if the stepfather is a pensioner.
A document that confirms your registration as a candidate for adoption.

It is better to make 3 copies of each document in advance, since they need to be submitted to the board of trustees, the court, and keep one copy for yourself.

This standard package of documents satisfies all legal requirements; all documentation is collected quite quickly and without problems.

The situation is worse if the future father is a foreign citizen, lives permanently abroad or has no citizenship at all.

In this case, additional certificates will be required confirming legal status, availability of property and income.

Statement of claim

In the application, you must ask the court to appoint you as the official adoptive parent of your wife’s children and recognize the change in their last name.

The claim must indicate that you are not against the adoption of your wife’s child, can also support him financially, and your health condition allows you to fulfill paternal responsibilities.

In the resolution, indicate whether you want to change your surname and patronymic or you can leave them the same.

The application must also indicate where the child’s natural father is located . If he has not lost his rights as a parent and has not given his consent to your adoption, list the reasons why it can be determined that he is not fulfilling his responsibilities as a father.

In the statement of claim, it is advisable to indicate the reasons for the adoption of the spouse’s child:

if the mother of children from a previous marriage married you;
if a child who is to be adopted lives with you;
you have established a trusting relationship and the child agrees with the adoption;
the spouse and biological father of the child are also not against it.

The time frame for consideration of a claim is not established by law, since the court must carefully study this issue. At the preliminary hearing, the judge examines all documents and certificates, assessing the need to consider the case with witnesses.

Can a foreigner be an adoptive parent?

Yes, a foreigner has the right to adopt a child, but for this he must meet all the above conditions.

After all documents have been provided, the procedure will follow the standard procedure.

However, the future foreign father will additionally have to submit certificates from an agency of his state confirming his ownership of property.

In this case, you will have to visit the Consulate, where the documents will be translated into Russian and certified.

Stages of adoption of children of a spouse from a first marriage

Adopting a spouse's children is much simpler than guardianship of children from an orphanage, but this procedure will still be quite lengthy.

To do this you need:

Entering into legal marriage with the mother of the children or preparing for it (submitting an application to the registry office).
Child's consent. If he is over 10 years old, he must officially agree to you becoming his father.
Medical examination.
Collection of necessary documentation.
Filing an application to a judicial authority.
The decision of the board of trustees that you are a worthy candidate for the role of parent.
The court hearing and the entry into force of the court decision.

You must remember that this procedure is not only legal. You must first become a full-fledged family, establishing a trusting relationship with your child, experiencing all his sorrows and failures with him.

Therefore, a child over 10 years old can consciously answer whether he needs a father like you or not.

You will also need to undergo a full medical examination, after which you need to obtain a certificate in a form strictly established by law.

First, a referral is issued, and according to it you undergo a series of examinations. This is a standard procedure and should not be alarmed.

The guardianship authorities deal with adoption issues, but only the court can legitimize the rights of the stepfather . The decision of the board of trustees is not final; the board of trustees only approves your paternity or rejects the petition.

All claims are stated in writing in the decision. It can be challenged in court if there are no absolute prohibitions.

The head of the guardianship department at the child’s place of residence will review these documents and certificates and visit the place of residence to examine family relations and living conditions where the child lives.

After this, he will give you a conclusion about the possibility of becoming an adoptive parent. You attach this certificate and other documents to the application and send it to the court.

The court hearing is held behind closed doors, where you, your wife, the biological father of the child, if he is not deprived of parental rights, the prosecutor, and an employee of the board of trustees must be present.

As an exception, a minor is not invited to court only if the stepfather lives together for a long time with a child who is sure that he is his father.

The court considers the testimony and the decision of the board of trustees . You must be prepared for the fact that witnesses or relatives of your wife may testify against you for personal reasons.

Of course, you can refute unfounded accusations, but during the proceedings, the court's decision may lean against you.

Therefore, your best option would be to keep your future adoption a secret and hire a good lawyer.

If the response is satisfactory, the court decision will enter into force in 10 days. The court will send an extract from the case to the registry office within 3 days so that the parents can legally receive new passports and the child a birth certificate.

Usually, the court favorably considers such cases where the husband of the child’s mother is the adoptive parent, rather than strangers adopting him.

No matter what you have to go through - a simple recognition of paternity or a complex tedious adoption, it will be worth it. When all the litigation is over, you will no longer live just with your wife’s child, but with your own son or daughter.

You will have rights and responsibilities towards them, they will have your last name, and you will fulfill the obligations of fatherhood, having full voting rights.

Video: Adopting a child of another spouse (wife or husband)

Download:

Statement of claim to court for adoption of wife's child - Sample.doc

to the article “Procedure for adopting a wife’s child from her first marriage”

V
Margot writes:
Good afternoon My husband wants to adopt my child from his first marriage, the entire package of documents has been collected, there is only one nuance left: the doctors at the children's clinic refuse to give an opinion and demand that we go through all the specialists (although last year, when we enrolled the child in school, we went through all the examinations), and also take tests (RW_ HIV, hepatitis, Rh factor, blood group + OAM and OAC). Moreover, the pediatrician does not give us a referral, he says: take it for a fee, but we simply do not have the money for this, as well as the opportunity to travel with the child to clinics: I am caring for a baby, and my husband works 2 jobs to feed us. Without this certificate, the guardianship will not accept the package of documents! What should we do??? Thanks in advance.
Answer
V
Alexandra writes:
File a complaint against this doctor and clinic with the Department of Health and the Ministry of Health! They will bring all the papers to your home!
Answer
V
Andrey writes:
Is it possible to refuse to adopt a child if the stepfather divorced his first wife and is not the biological father of this child? The biological father is alive and well, all this time he has not fulfilled his paternal duties, his whereabouts are currently unknown. The marriage with the mother of the child’s biological father was not registered; the child’s mother was a single mother before marrying her child’s non-biological father.
Answer
V
Andrey writes:
Two weeks have already passed, but no one has been able to give a legally correct comment on the question posed: Is it possible to refuse to adopt a child if the stepfather divorced his first wife and is not the biological father of this child? The biological father is alive and well, all this time he has not fulfilled his paternal duties, his current location is the city of Irkutsk, Irkutsk region. The marriage with the child’s mother and biological father was not registered; the child’s mother was a single mother before marrying her child’s non-biological father.
Anyone who knows the answer to this question, thank you very much!!!
Answer
V
Alex writes:
Good afternoon Tell me, my ex-husband voluntarily wrote to give up the child, where do I need to go for my real husband to adopt?
Answer

Basic information.

A single mother has the right not only to ask the registry office employee to put a dash in the “Paternity” column.

In addition, according to her application, the executor will have to enter in this column any full name indicated in the application. However, in this case, she must remember the need to obtain a certificate of f. 25.

In such a situation, it is precisely this document that confirms the status and provides the right to subsidies and benefits.

After this, a single mother can claim benefits.

For example, she is entitled to:

increased tax deductions,
enrollment of the child in a preschool institution in the first place,
discount equal to half the cost of kindergarten services,
free distribution of educational materials,
breakfast and lunch at school.

In addition, a single mother has the right to demand benefits from her employer. This:

additional vacation at your own expense,
refusal of business trips,
sick pay in full,
impossibility of dismissal only at the request of the employer,
refusal to work on holidays, night and overtime hours,
if she is laid off, she will receive an increased subsidy or will be transferred to another job. In this case, issues related to the latter fact will have to be resolved by the employer himself.