On the one hand, drawing up an application for adoption is not difficult. Download sample applications and see recommendations. Based on the sample, you can fill out your form and submit it to the court. However, on the other hand, preparing an application will require the adoptive parent to collect documents, which must necessarily become an appendix to the application. This is a labor-intensive process, but completely solvable.
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What is child adoption
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.
You can only adopt a minor. Once a child reaches 18 years of age, this form of establishing family relationships is no longer allowed.
Only adult citizens can be adoptive parents of a child. Article 127 of the Family Code of the Russian Federation establishes a detailed list of persons who cannot be adoptive parents (this includes citizens who have problems with legal capacity, with raising children, with health, with a criminal record, with income and living space). In other cases there are no restrictions. All that is needed is the desire of the adoptive parents to create favorable conditions for the child’s upbringing and development, and when the child reaches the age of 10, his consent is also required.
When adopting children, there are special features: the adoption of someone else’s child by both parents and the adoption by a stepfather or stepmother of their spouse’s child.
Obtaining parental consent for adoption
When adopting a child, it is required to obtain the consent of his legal parents. Parental consent must be complete and not contain any conditions. It is issued in the form of an application. It is certified by a notary, the head of the child care institution where the child being adopted is located, or the guardianship and trusteeship authority. Parents can give their consent directly in court when considering the adoption of their child.
Consent must also be obtained from the parent with whom the adoptive parent is married and whose children he is adopting.
:
Parent's consent to adopt a child
Parents may withdraw their consent at any time before the court makes a decision. However, parental consent for adoption is not required in situations where the parents:
- unknown or recognized by the court as missing;
- declared incompetent by the court;
- deprived of parental rights by the court (if 6 months have passed since the court decision);
- for reasons recognized by the court as disrespectful, they do not live with the child for more than six months and evade his upbringing and maintenance.
| Note! |
| Statement of claim for deprivation of parental rights |
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An application for the adoption of a child is considered in court - this is a mandatory requirement of the RF IC. Both potential adoptive parents, or an individual citizen who is not in a marital relationship, must submit this application. Let us examine the general rules for drawing up this document, as well as the procedure for its consideration.
- How to fill out an application
- How the application is processed
The child's consent to adoption
The child's consent to adoption is important when resolving this issue. Without the consent of a child who has reached the age of 10, adoption is impossible. Children under 10 years of age are interviewed by specialists from the guardianship authority, who find out their opinion about the possibility of being adopted at a level that is understandable to them.
An exception to the mandatory receipt of the child’s consent to adoption are cases when the child lives in the same family with the adoptive parent and considers him to be his de facto parent.
A child over 14 years of age is invited by the court to participate in the case. He is present at the trial from the very beginning. Listens to explanations from persons involved in the case. May ask questions and examine evidence presented to the court. A child from 10 to 14 years old is invited to a court hearing to find out his opinion. This usually occurs before examining evidence in the case.
A child under 10 years of age may also be invited to court if he is developmentally capable of formulating his views on issues relating to his adoption. If there are grounds to believe that the presence of a child in court may have an adverse effect on him, the court ascertains the opinion of the guardianship and trusteeship authority on this matter.
The court finds out whether the child understands what adoption is and what consequences it will have for him. The child can talk about what kind of relationship he has with his adoptive parent. The court must ask the child questions and obtain his consent to change his last name, first name and patronymic. records of the adoptive parent as his parent. Such consent may be formalized in writing and submitted to the court at a court hearing.
:
The child's consent to adoption
Additional requirements
Additional requirements can be specified:
- change of full name (Article 134 of the RF IC);
- change in date and place of birth (Article 135 of the RF IC);
- preservation of personal non-property rights (Article 137 of the RF IC);
- removal of information about parents from children's documents;
- entering information about adoptive parents instead of information about blood parents (Article 136 of the RF IC).
| No. | Requirement | Comments |
| 1 | Change of full name | Possible for a child under 10 years of age. If adoption is established for children over 10 years old, then their consent is required to change the data. |
| 2 | Change of date and place of birth | Possible for children under 6 months of age |
| 3 | Preservation of personal non-property rights | If only one citizen acts as an adoptive parent, the personal non-property and property rights of the second parent can be preserved. In the event of the death of the parents, the rights of the grandparents may be retained. |
| 4 | Removing information about parents from children's documents | If the adoptive parent is a single citizen, then information about the second parent can be saved or deleted. If deleted, the child will have a dash on the birth certificate. |
| 5 | Entering information about adoptive parents instead of information about blood parents | During adoption, information about the parents is removed from the children's documents, and information about the adoptive parents is entered instead. |
Medical examination upon adoption
After resolving issues related to obtaining consents, the adoptive parent should undergo a medical examination. The purpose of the medical examination is to identify contraindications and diseases that prevent the possibility of being an adoptive parent.
The conclusion is drawn up by the medical commission of the medical organization on the day the decision is made on the presence (absence) of the disease included in the list, and is valid for 6 months from the date of registration.
:
Form 164/у
Download:
The procedure for medical examination of the adoptive parent
A medical commission will also be required for the child being adopted. In this case, the medical institution issues: “Medical certificate for a child being registered for adoption in form 160/u.”
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Medical certificate for the child according to form 160/у
The list of diseases that prevent the possibility of becoming an adoptive parent was approved by Decree of the Government of the Russian Federation of February 14, 2013 No. 117 and includes the following diseases:
- Tuberculosis of the respiratory system in persons belonging to groups I and II of dispensary observation.
- Infectious diseases until dispensary observation is terminated due to stable remission.
- Malignant neoplasms of any localization stages III and IV, as well as malignant neoplasms of any localization stages I and II before radical treatment.
- Mental disorders and behavioral disorders until the end of dispensary observation.
- Drug addiction, substance abuse, alcoholism.
- Diseases and injuries leading to group I disability.
It should be noted that clause 2 of this list is recognized as partially inconsistent with the Constitution of the Russian Federation by Resolution of the Constitutional Court of the Russian Federation dated June 20, 2018 N 25-P, namely in relation to persons infected with the human immunodeficiency virus and (or) hepatitis C virus, in the adoption of a child who lives with the future adoptive parent due to already established family relationships.
Sample application for adoption of a child of a wife (husband)
If there are no obstacles to the adoption of a child, the necessary documents have been collected and a medical examination has been passed, you can submit an application for adoption to the court. In this case, you must have the entire list of documents on hand. specified in Article 271 of the Code of Civil Procedure of the Russian Federation. The content of the application must comply with the requirements of Article 270 of the Code of Civil Procedure of the Russian Federation.
As an example, here is a sample application for the adoption of a wife's child. If a wife adopts her husband’s child, it will be the same, only the appropriate changes need to be made. This sample application for adoption is suitable for registration in relation to the adoption of a boy, a girl or several children.
Note that the concepts of adoption and adoption are equivalent, they are applied respectively to a boy and a girl, although you can write simply - adoption.
| Note! |
| Application for adoption |
In ___________________________ (name of the court) Applicant: _______________________ (husband's full name, residential address, telephone, e-mail) Interested person: ____________________ (wife's full name, address, telephone, e-mail) Interested person: ____________________ (child's full name, address) Interested person : ____________________ (full name of the child’s father, address) Interested person: ____________________ (name of the prosecutor’s office, address) Interested person: ____________________ (name of the guardianship authority, address)
Application for adoption
I have been married to _________ (full name of the child’s mother) since “___”_________ ____. In fact, we live together with “___”_________ ____ for a year. My wife has a child _________ (full name of the child, date and place of birth).
The child’s father is _________ (full name of the child’s father), who _________ (indicate information about the father, whether his consent to establish adoption has been obtained, or such consent is not required, indicate the relevant grounds, if there are dashes in the child’s birth certificate, indicate that the father is not famous).
We live with our spouse and child as one family together at the address _________ (indicate the address of the residential premises), the child has everything necessary _________ (indicate what conditions have been created for the child’s living and development, whether there is a separate room, a place for sleeping and rest, necessary developmental items, hygiene products, personal belongings, etc.).
The child has brothers (sisters) who live ________ (indicate where the adoptee’s brothers and sisters live, the relationship between the child and the adoptive parent towards them).
I have a good relationship with the child _________ (indicate what kind of relationship has developed with the child, since when, how the child treats the adoptive parent, does he call him father, what is the adoptive parent’s participation in raising the child).
The desire to adopt a child arose because _________ (indicate when the desire to adopt arose, what caused it, why it would be better for the child after adoption).
According to paragraph 1 of Art. 124 of the Family Code of the Russian Federation, adoption (hereinafter referred to as adoption) is a priority form of placement for children left without parental care. Adoption is permitted in relation to minor children and only in their interests in compliance with the requirements of paragraph. 3 p. 1 art. 123 of the Family Code of the Russian Federation, as well as taking into account the opportunities to provide children with full physical, mental, spiritual and moral development (clause 2 of Article 124 of the Family Code of the Russian Federation).
I have no reasons that prevent me from being an adoptive parent; I have not been recognized by the court as incompetent or partially capable; was not deprived or limited in parental rights; was not removed from the duties of a guardian (trustee); adoptions were not cancelled; I am in good health and have no contraindications for adoption; I have a permanent job and a stable income; We have no previous convictions.
When adopting, I think that the child needs to change _________ (indicate what data needs to be changed for the child: last name, first name, patronymic, date and place of birth, indicate me as the child’s father in the birth record).
My wife agrees to my adoption of her son (daughter), agrees to change _________ (indicate what data she agrees to change for the child of the adoptive parent’s spouse: last name, first name, patronymic, date and place of birth, indicate me as the child’s father in the birth certificate ).
The child is aware of my intention, he agrees to establish adoption, change his personal data __________ (list the data to which the child agrees to change).
Based on the above, guided by Articles 131-132, 270-271 of the Civil Procedure Code of the Russian Federation,
Ask:
- Establish the adoption of _________ (full name of the child, date and place of his birth) by the adoptive parent _________ (full name of the adoptive parent).
- Change the adopted child _________ (indicate what needs to be changed: last name, first name, patronymic, date or place of birth), indicating _________ (indicate new data: last name, first name, patronymic, date or place of birth.
- Record the adoptive parent as the father of the child _________ (full name of the child) in the birth register.
List of documents attached to the application:
- Notification of delivery (sending) of a copy of the application to interested parties
- Child's birth certificate
- Marriage certificate
- Medical report on the health status of the adoptive parent
- Medical report on the child’s health condition
- Certificate of no criminal record
- Documents about the residential premises in use (registration at the place of residence)
- Consent of the second parent to adoption (or a copy of the court decision on deprivation of parental rights, or recognition as missing, incompetent, or a death certificate)
- Other evidence confirming the grounds for the application for adoption
- Certificate of employment regarding salary (copy of income statement or other income document)
- A document confirming the right to use residential premises or ownership of residential premises.
- Other documents
Date of application “___”_________ ____ Signature of the applicant _______
statements:
Application for adoption of wife's child
Application for adoption of husband's child
Features of the procedure
As in any legal process, the adoption meeting has its own nuances:
- no state fee is paid in adoption cases;
- a specialist from the guardianship department and a prosecutor must be invited to the process;
- adoption is established through special legal proceedings;
- the issue is considered exclusively in a closed meeting;
- the judge warns all participants to maintain the secrecy of the adoption.
After receiving the court decision, adoptive parents must contact the Civil Registry Office to register the adoption. The specialist issues a new birth document and a corresponding certificate.
Any legal process requires legal knowledge. When adopting a child, it is also advisable to contact a specialist. Leave a request in the contact form and a lawyer will answer all your questions about adoption.
- Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
- In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!
Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!
Document type: Application
To save a sample of this document to your computer, follow the download link.
Document file size: 22.5 kb
An application for adoption can only be submitted by the adoptive parent himself. No one has the right to fill out such documents without his knowledge. Such an application must contain information about the authority where the document is being submitted. Applicant's name and place of residence. Also in the application, you must indicate the age, first name, last name and patronymic of the child being adopted.
In the document, the adoptive parent has the right to submit a request to change the child’s surname and patronymic after completion of the adoption procedure. The applicant must sign the application, indicating the date and his surname and initials.
How to prepare for adoption from both parents
In the case when a child is adopted from an orphanage or from another institution for children left without parental care, the adoption process should begin with a visit to the guardianship authority. An application is submitted to the guardianship authority with a request to give an opinion on the possibility of becoming adoptive parents.
The following documents from each of the adoptive parents are attached to such an application: autobiography, a certificate from the place of employment about the position held and the amount of earnings for the last 12 months, documents for housing, a medical report in form 164/u, a copy of the marriage certificate. Parents must undergo special training for adoptive parents. After receiving and checking the documents, the guardianship conducts an examination of the living conditions of the adoptive parents.
Form
The application must be made in writing. Certification of documents or claims by a notary is not required.
The applicant prints out the statement of claim and attachment according to the number of persons present in the case. Only the plaintiff has the right to sign the claim and certify documents.
Example . Zarina and Peter received a conclusion about the possibility of becoming adoptive parents. They chose a newborn girl. The family submitted an application to the guardianship department for consent to accept the child.
Expert opinion
Morozov Ivan Severinovich
Legal consultant with 6 years of experience. Specialization: criminal law. Has experience in defense in court.
The parties to the trial were the applicants, the guardianship department, the civil registry office, and the prosecutor's office. Thus, it is necessary to prepare 4 packages of documents for the participants in the process + 1 for the court.
Copies of documents must be certified by the signature of the applicant. You must also write on the document: The copy is correct.
Sample application for adoption from two spouses
In ___________________________ (name of the court) Applicants: _______________________________ (full full names of the applicants, address) Interested person: ____________________ (full full names, address) Interested person: ____________________ (full name of the child, address) Interested person: ____________________ (full name of the child's parents, address) Interested person: ____________________ (name of the prosecutor's office, address) Interested person: ____________________ (name of the guardianship authority, address)
Application for adoption
The applicants have been in a registered marriage since “___”_________ ____. We have children together _________ (full name of children, date of birth) (or - we do not have children).
Since we had a desire to adopt someone else’s child, we contacted the guardianship and trusteeship authority, where they found us a child _________ (full name of the child, date and place of birth). The minor is _________ (indicate the name of the institution where the child is located). We visited the child several times, contact arose between us, and we really liked the child. Judging by the child's reaction, he also reached out to us.
The child is aware of our intention, he expresses full consent to the adoption, change of his personal data __________ (list the data to which the child agrees to change).
We know that the parents of the minor _________ (indicate whether the opinion of the minor’s parents on adoption has been taken into account or such consent is not required by virtue of the law).
We have been registered as candidates for adoptive parents since “___”_________ ____. In accordance with the established procedure, we were trained as persons wishing to adopt a child into their family.
We are financially secure, we have a permanent place of work _________ (indicate where each of the adoptive parents works, their position), our monthly income on average is _____ rubles. (indicate the income of each of the adoptive parents and the joint monthly income), which will provide the adopted child with the necessary subsistence level.
We have a permanent place of residence at the address: _________ (indicate the full address of the residential premises), the specified residential premises belong to us on the basis of _________ (indicate the reasons for purchasing the residential premises), has a total area of ____ sq.m., which allows us to create the necessary conditions for the child being adopted.
There are no reasons why we may be denied adoption of a child; we were not recognized as incompetent or partially capable; we were not deprived of parental rights; were not removed from the duties of a guardian (trustee); adoptions were not cancelled; We are in good health with no contraindications to adoption, we have no criminal record.
When adopting a child, in order to maintain the secret of adoption, it is necessary to change _________ (indicate what to change for the adoptee: last name, first name, patronymic, date and place of birth, indicate us as the child’s parents).
Based on the above, guided by Articles 131-132, 270-271 of the Civil Procedure Code of the Russian Federation,
Ask:
- Establish the adoption of _________ (full name of the child, date and place of his birth) by the adoptive parents _________ (full name of the adoptive parents).
- Change the child being adopted _________ (indicate what needs to be changed: last name, first name, patronymic, date or place of birth), indicating _________ (indicate new data: last name, first name, patronymic, date or place of birth.
- Register us as the parents of the child being adopted in the birth register.
List of documents attached to the application:
- Notification of sending (delivery) a copy of the application and documents to interested parties
- Copy of marriage certificate
- Medical reports on the health status of adoptive parents
- Documents on rights to residential premises
- Certificates from the adoptive parents' place of employment about their position and salary for 12 months
- Certificate of no criminal record for adoptive parents
- Documents on registration as candidates for adoptive parents
- A document confirming that persons who wish to adopt a child left without parental care have completed, in the established manner, training in their family, with the exception of cases of filing an application for adoption of a child by a stepfather or stepmother, close relatives of the child, persons who are or were adoptive parents and in respect of whom the adoption was not cancelled.
- Other evidence supporting the grounds for the adoption application
Date of application “___”_________ ____ Signature of the applicant _______
statements:
Application for adoption by spouses
Content
The requirements for filing a statement of claim are established by Art. 131 Code of Civil Procedure of the Russian Federation. The absence of one of the points leads to the rejection of the document.
The statement of claim must contain the following information:
- Name of the court to which the application is being filed. The documents are sent to the district court at the location of the organization in which the child is being raised.
- Data of the candidate for adoptive parents . Full name must be indicated. and place of residence of the citizen. It is advisable to indicate a contact phone number. If a married couple acts as adoptive parents, then you need to indicate the details of each of them.
- Third parties . The registry office department and the guardianship department at the location of the organization in which the child is being raised are listed.
- District prosecutor's office.
- Name of the claim.
- Information about obtaining a conclusion . Information about the candidates is indicated (no criminal record, income, availability of housing that meets the standards, absence of diseases, information about registration as an adoptive parent).
- Information about meeting the child . The procedure for obtaining information about the child (regional operator, guardianship department, other sources), the procedure for getting to know each other (personal contact with the minor, familiarization with documents about relatives, information about health status) is described.
- Link to law. Art. 124 and 125 RF IC.
- Requirements for establishing adoption.
- Additional requirements.
- List of attached documentation . All documents that are attached to the statement of claim and the number of copies are listed.
- Signature and date. If a married couple acts as adoptive parents, then the signatures of each of them are required.
Submission and consideration of an application for adoption
An application for adoption is submitted to the court located at the place of residence of the child being adopted. The application falls within the jurisdiction of the district (city) court. There is no state fee to pay when filing an adoption application.
Before submitting an application, we recommend that you request information from the Ministry of Internal Affairs about the absence of a criminal record and attach the received certificate to the application, which will speed up the consideration of the case.
:
Application to the Ministry of Internal Affairs for the issuance of a certificate of no criminal record
An application for adoption is considered in a special manner in a closed court session. It will necessarily involve the adoptive parent, the prosecutor, a representative of the guardianship authority, a child over 14 years of age, a spouse, as well as a parent who is losing the rights to the child (if his consent to adoption was requested).
After deciding on the adoption issue, you need to obtain a court decision that has entered into legal force. With the decision, we contact the registry office to obtain an adoption certificate and a new birth certificate for the child.
| Note! |
| Applications to the registry office |
List of documents for the claim
The main list of documents submitted to the court is identical to the documentation for applying to the guardianship department. However, some information needs to be ordered additionally:
- certificate of no criminal record;
- information from the Pension Fund of Russia (citizens receiving a pension);
- extract from the house register.
Main list:
- passport;
- conclusion about the possibility of being a candidate;
- certificate of completion of training;
- autobiography;
- medical report;
- certificates of wages and other income;
- spouse's consent to adoption (if only one spouse acts as a plaintiff);
- housing rights information;
- application for familiarization with information about the child’s health.
A housing inspection report can be attached to the listed documents. The guardianship department provides it to the applicant at the stage of consideration of his candidacy.
The document contains information about the sanitary condition of the living quarters and the citizens who live in it together with the candidate. The act is provided to the applicant within 6 days from the date of submission of the application for the opportunity to become a candidate.
Rules for adoption of children
Decree of the Government of the Russian Federation of March 29, 2000 No. 275 approved the Rules for the transfer of children for adoption and monitoring the conditions of their life and upbringing in adoptive families on the territory of the Russian Federation.
The rules determine the procedure for transferring children who are citizens of the Russian Federation for adoption to citizens of the Russian Federation, and monitoring the living conditions and upbringing of children in adoptive families on the territory of the Russian Federation. The rules regulate all the procedures that guardianship authorities must perform when citizens apply for adoption issues.
Download:
Rules for placing children for adoption
The procedure for considering civil cases on the adoption of children in court is regulated by Chapter 29 of the Code of Civil Procedure of the Russian Federation:
Articles 269, 270, 271, 272, 273, 274, 275 of the Code of Civil Procedure of the Russian Federation.
Explanations on the procedure for considering adoption cases in courts are given by the Resolution of the Plenum of the Supreme Court of the Russian Federation “On the application of legislation by courts when considering cases of adoption of children.” View here.
Consequences of adoption
The adoption of a child by a stepfather (stepmother) will mean that such a child bears all the rights and responsibilities of a relative. For example, upon divorce, the person who adopted the child will have the right to claim his upbringing on an equal basis with his natural parent. At the same time, alimony will be collected from the person who adopted the child.
Therefore, first of all, it is necessary to assess the situation with adoption from a moral and legal point of view. Find out whether this process is in the interests of the minor, and then send the appropriate application for adoption to the court.
