Legal encyclopedia. The letter U

ADOPTION

(Or adoption, further, adoption) is a priority form of the arrangement of children left without parental care, in which the child is legally fully equated with the native children, acquires, in the person of the adoptive parents, the parents and the family. Adoption of children contributes to the creation of a complete family, provides an opportunity for persons who do not have children to satisfy the feeling of parental love inherent in people.

U. is allowed in relation to minor children and only in their interests, and also taking into account the opportunities to provide children with full physical, mental, spiritual and moral development.

U. minor children are allowed if the only parent or both parents:

1) have died;

2) are deprived of parental rights;

3) unknown or recognized by the court as missing;

4) are recognized by the court as incompetent;

5) for reasons recognized as disrespectful by the court, they do not live together with the child for more than 6 months and shy away from their maintenance and upbringing;

6) gave consent to U. For U. children whose parents did not reach the age of 16, the consent of their parents or guardians is necessary, and in the absence of such, the guardianship and trusteeship authority.

U. brothers and sisters are not allowed by different persons, except for cases when adoption meets the interests of children.

The use of children by foreign citizens or stateless persons is allowed only in cases where it is not possible to transfer these children for upbringing to the families of Russian citizens permanently residing in the territory of the Russian Federation or for adoption by relatives of children, regardless of citizenship or residence of these relatives.

Children can be transferred to U. citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, foreign citizens or stateless persons who are not relatives of children, after three months from the date of receipt of information about such children in the state databank about children left without care Parents.

For registration of U. from candidates for adoptive parents are required:

1) the application (with the adoption by both spouses - their joint application, and if only one of them adopts, - in addition the written consent of the spouse), in which must be indicated: surname, name, patronymic of the applicant; address; Whether she is married; The presence of children, jointly or separately living;

2) certificate from the place of work on the position held and earnings, a copy of the income declaration or other document of income;

3) a copy of the financial account;

4) the medical certificate of the treatment and prophylactic institution, which serves the candidate for adoptive parents, reflecting the state of his health, the absence of contraindications for fulfilling the duties of raising a child;

5) a document confirming the right to use a dwelling or the right to own a dwelling;

6) the act of survey of living conditions.

In order to establish a child's child, a guardianship and trusteeship body decision on the reasonableness of the adoption and its conformity to the interests of the adopted child must be indicated, indicating the information about the personal communication of the adoptive parents with the adopted child.

At U. of the child the person, together with it living and carrying out its education and the maintenance not less than 2 years, is not required representation of the above-named documents.

Registration is not subject to registration:

1) persons deprived of parental rights or limited by the court in parental rights;

2) persons suspended from the duties of a guardian (trustee) for improper performance of the duties imposed on them by law;

3) former adoptive parents, if the adoption is revoked by the court on their fault;

4) persons recognized as legally incompetent or severally legally incompetent;

5) spouses, one of whom is recognized as incompetent or incapacitated;

6) persons who, for reasons of health, can not exercise parental rights;

7) persons who, at the time of establishment of adoption, do not have income that provides a living wage for the child to be adopted, established in the subject of the Russian Federation on whose territory the adoptive parents live (the adopter);

8) persons who do not have a permanent place of residence, as well as a dwelling meeting the established sanitary and technical requirements;

9) persons who, at the time of establishing an adoption, have a criminal record for an intentional crime against the life or health of citizens.

After registration of citizens as candidates for adoptive parents, the guardianship and trusteeship agency provides them with information about the child who can be adopted and issues a referral for visiting the child at his or her actual place of residence.

Candidates for adoptive parents are obliged to meet personally and establish contact with the minor who is transferred for adoption, before making the decision on adoption to become familiar with the documents of the adopted child.

The following documents are submitted for the adopted child:

1) birth certificate;

2) a certificate of death of his parents or a copy of the court's decision to deprive them of their parental rights, to be recognized as incompetent or missing;

3) documents confirming the evasion of parents from the upbringing and maintenance of children; About the search for parents; Acts compiled by employees of the internal affairs agencies on the tipping, detection of the child;

4) the written consent of the parent (s) of the child for adoption, certified by a notary or the relevant competent authorities (the administration of the child's institution where the child is being raised or is staying);

5) a conclusion on the state of health, physical and mental development of the child, certified by the head of the children's institution.

In accordance with the Criminal Code of the Russian Federation, U. is produced by a court. Cases on the establishment of the U. of the child are considered by the court in the procedure of special proceedings with the obligatory participation of the adoptive parents themselves, the guardianship and guardianship authorities, and also the prosecutor.

The procedure for the transfer of children to U., as well as monitoring the living conditions and upbringing of children in the families of adoptive parents in the territory of the Russian Federation is determined by the Government

RF.

The rights and obligations of the adopter and the adopted child arise from the day when the court decision comes into force on the establishment of a child.

The court is obligated within 3 days from the date of entry into legal force of the court decision on the determination of the child's child to send an extract from this court decision to the civil status registry at the place of the decision.

The child shall be subject to state registration in accordance with the procedure established for the state registration of acts of civil status.

Intermediary activity in the case of children, ie. Any activity of other persons with a view to selecting and transferring children for adoption on behalf of and in the interests of persons wishing to adopt children is not allowed.

For a child, the consent of his parents is necessary. The consent of the parents to the child's child must be expressed in a statement that must be notarized or certified by the head of the institution in which the child is left without parental care, or by the guardianship and trusteeship authority at the child's place of production or at the place of residence of the parents, and Can also be expressed directly in court in the production of Y.

Parents have the right to revoke their consent to the child's child before the court's decision on his U.

For the children who are under guardianship (guardianship), the consent in writing of their guardians (trustees) is necessary.

For U. children who are in foster families, consent must be in writing to foster parents.

For a child who has reached the age of 10 years, his consent is necessary. If, prior to the filing of the application for U., the child lived in the family of the adoptive parent and considers him to be his parent, U., on an exceptional basis, may be performed without obtaining the consent of the said child.

His adopted name, patronymic and surname are preserved for the adopted child. However, at the request of the adoptive parent, the adopted child may be given the surname of the adopter, as well as the name given to them. The patronymic of the adopted child is determined by the name of the adopter, if the adopter is a man, and when the child is adopted by a woman - by the name of the person whom she indicated as the father of the adopted child. If the surnames of the adoptive spouses are different, by agreement of the adoptive spouses, the adopted child is given the surname of one of them.

If the child is adopted by a person who is not married, then at his request the surname, name and patronymic of the mother or father of the adopted child are recorded in the book of birth records at the direction of that person (the adoptive parent).

The change in the surname, name and patronymic of the adopted child who has reached the age of 1 0 years, can be made only with his consent. The change in the surname, name and patronymic of the adopted child is indicated in the court's decision on his U.

In order to ensure the secrecy of U. at the request of the adopter, the date of birth of the adopted child may be changed, but not more than 3 months; Place of his birth. The change in the date of birth of an adopted child is allowed only with the adoption of a child under the age of 1 year.

Changes in the date and (or) place of birth of the adopted child are indicated in the court's decision on his U.

Adopted children and their offspring in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to adopted children and their offspring are equated in personal non-property and property rights and obligations to relatives by descent.

Adopted children lose personal non-property and property rights and are released from duties towards their parents (their relatives).

In the case of a child by one person, personal non-property and property rights and obligations can be preserved at the mother's will, if the adopter is a man, or at the request of the father, if the adopter is a woman.

A child who, at the time of his U., had the right to a pension and the benefits that are due to him in connection with the death of his parents, retains this right even with his U.

The secret of the child's child is protected by law. Judges who have decided on a child's child, or officials who have implemented

State registration of adoption, as well as persons otherwise knowledgeable about U., are obliged to keep the secret of the child.

Cancellation of U. is carried out in a judicial procedure with the participation of the guardianship and trusteeship authority, as well as the prosecutor.

The child can be revoked in cases where the adopters:

1) evade fulfilling the duties of parents assigned to them;

2) abuse parental rights;

3) abuse the adopted child;

4) are patients with chronic alcoholism or drug addiction.

The court is entitled to abolish the child's child and on other grounds on the basis of the interests of the child and taking into account the opinion of the child.

U. ceases from the date of entry into legal force of the court decision on the abolition of the child's child.

The court is obliged within 3 days from the date of entry into legal force of the court decision on the abolition of the child's child to send an extract from this court decision to the civil status registry at the place of state registration.