Can my husband adopt my daughter. My husband wants to adopt my eldest daughter, what certificates are needed for this and where to apply? Adoption of husband's daughter

My husband wants to adopt my eldest daughter, what certificates are needed for this and where to apply?

Answer

Hello Ekaterina.

Adoption is a rather complicated procedure from a legal point of view. It will take in your case one or two months. In accordance with Article 125 of the Family Code of the Russian Federation, adoption will be carried out by the court in a special proceeding at the request of your spouse. When considering the case, the guardianship and guardianship authorities and the prosecutor will necessarily participate. To establish adoption, a conclusion of the guardianship and guardianship authorities on the rationale for adoption and its compliance with the interests of the child is required. Therefore, you, first of all, need to contact the guardianship and guardianship authorities. For adoption, you will need the following documents:

  • The conclusion of the guardianship and guardianship authorities on adoption;
  • Your husband's autobiography;
  • Certificate from his place of work;
  • Certificate of no criminal record;
  • Medical report on the state of health of your husband;
  • Medical report on the state of health of the eldest daughter;
  • A copy of an extract from the personal account of your housing;
  • Characteristics from the place of work;
  • A copy of the marriage certificate between you;
  • A copy of the birth certificate of the eldest daughter;
  • A copy of your passport and your husband's passport;
  • Your consent to adoption;
  • Notarized consent to the adoption of the biological father.

All of the above documents must be in triplicate, for the guardianship and guardianship authorities, the court and for you.

In accordance with article 132 of the Family Code of the Russian Federation, if your daughter has reached the age of ten, then her consent to adoption will be asked. However, if the girl has lived with your spouse for a long time and considers him her father, then the adoption can be made without obtaining her consent, she may not be informed about the adoption at all. After the court makes a positive decision for you, your husband will become the official father of the girl. Within three days, the court will send an extract of the decision to the registry office to register the fact of adoption.

Alexander(11/11/2014 at 13:36:50)

Dear Xenia!

Adoption is carried out only in a judicial proceeding in accordance with Art. 125 RF IC

Article 125. Procedure for adopting a child

1. Adoption is made by the court at the request of persons (persons) wishing to adopt a child. Consideration of cases on establishing the adoption of a child is carried out by the court in the manner of special proceedings according to the rules provided for by civil procedural legislation.

Cases on establishing the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, guardianship and guardianship authorities, as well as the prosecutor.

2. To establish the adoption of a child, it is necessary to conclude the guardianship and guardianship body on the validity of the adoption and on its compliance with the interests of the adopted child, indicating information about the fact of personal contact between the adoptive parents (adoptive parent) and the adopted child.

The procedure for placing children up for adoption, as well as exercising control over the living conditions and upbringing of children in families of adoptive parents on the territory of the Russian Federation, is determined by the Government of the Russian Federation.

3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the day the adoption of the child comes into force.

The court is obliged, within three days from the date of entry into force of the court decision on establishing the adoption of the child, to send an extract from this court decision to the civil registry office at the place where the decision was made.

The adoption of a child is subject to state registration in the manner established for state registration of acts of civil status.

MORE THAN ONE SHOULD CONSIDER THE PROVISIONS OF ARTICLES 129 AND 130 OF THE RF IC

Article 129. Consent of parents to the adoption of a child

1. To adopt a child parental consent required. When adopting a child of minor parents who have not reached the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and guardianship authority.

The consent of the parents to the adoption of a child must be expressed in a statement notarized or certified by the head of the organization in which the child is left without parental care, or by the guardianship and guardianship authority at the place of adoption of the child or at the place of residence of the parents, and can also be expressed directly in court during the adoption.

2. Parents have the right to revoke their consent to the adoption of a child before the adoption of a court decision on his adoption.

3. Parents may consent to the adoption of a child by a specific person or without specifying a specific person. Parental consent to the adoption of a child can be given only after his birth.

Article 130. Adoption of a child without parental consent

The consent of the child's parents for adoption is not required if they:

unknown or recognized by the court as missing;

recognized by the court as incompetent;

deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code);

for reasons recognized by the court as disrespectful, they do not live together with the child for more than six months and evade his upbringing and maintenance.

I will be grateful for the positive feedback.

Hello, dear Aislu.

My husband wants to adopt my daughter. She bears the surname of her biological father, who established paternity immediately after her birth. I was not married to my daughter's father, he was not a citizen of the Russian Federation at that time. He disappeared from our lives 12 years ago and I have no information where now. Daughter 13 years old. She agrees to understand the surname. Can my husband adopt her without delay?
Aislu

You need to start by contacting the guardianship authorities. Before adopting - to deprive the parental rights of the father, recorded in this capacity in the birth certificate.

Family Code of the Russian Federation" dated December 29, 1995 N 223-FZ (as amended on December 30, 2015) RF IC, Article 69. Deprivation of parental rights
Parents (one of them) may be deprived of parental rights if they:
evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;
refuse without good reason to take their child from a maternity hospital (department) or from another medical organization, educational institution, social service organization or similar organizations;
(as amended by Federal Laws No. 49-FZ of April 24, 2008, No. 317-FZ of November 25, 2013, No. 358-FZ of November 28, 2015)

abuse their parental rights; mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability; are patients with chronic alcoholism or drug addiction; have committed an intentional crime against the life or health of their children, another parent of the children, a spouse, including a non-parent of the children, or against the life or health of another family member.

"Family Code of the Russian Federation" dated December 29, 1995 N 223-FZ (as amended on December 30, 2015) RF IC, Article 125. Procedure for adopting a child
1. Adoption is carried out by the court at the request of persons (persons) wishing to adopt a child. Consideration of cases on the adoption of a child is carried out by the court in the manner of special proceedings according to the rules provided for by civil procedural legislation.
(as amended by Federal Law No. 457-FZ of December 30, 2015)
Cases on the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, guardianship and guardianship authorities, as well as the prosecutor.

2. For the adoption of a child, it is necessary to conclude the guardianship and guardianship body on the validity of the adoption and on its compliance with the interests of the adopted child, indicating information about the fact of personal contact between the adoptive parents (adoptive parent) and the adopted child.
(as amended by Federal Law No. 457-FZ of December 30, 2015)
The procedure for placing children up for adoption, as well as exercising control over the living conditions and upbringing of children in families of adoptive parents on the territory of the Russian Federation, is determined by the Government of the Russian Federation.
(Clause 2 was introduced by Federal Law No. 94-FZ of June 27, 1998)
3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the day the court decision on the adoption of the child comes into force.
(as amended by Federal Laws No. 94-FZ of 27.06.1998, No. 457-FZ of 30.12.2015)
The court is obliged, within three days from the date of entry into force of the court decision on the adoption of the child, to send an extract from this court decision to the civil registry office at the place where the decision was made.
(as amended by Federal Law No. 457-FZ of December 30, 2015)
The adoption of a child is subject to state registration in the manner established for state registration of acts of civil status.

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I would like to adopt my wife's daughter, please describe the procedure

Hello! My wife has a 12 year old daughter from her first marriage. The child's father has no relationship with her. He only pays minimum alimony while hiding his income. I would like to adopt a girl (she won't mind). Please describe the procedure.

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best answer

Yuri Vladimirovich(02.10.2013 at 16:25:46)

In any case, this will have to be done in court. Ideally, if the biological father gave his consent. Otherwise, it will also be necessary, in a judicial proceeding, to deprive parental rights. Technically, all this can be done quite quickly. Naturally, the guardianship authorities are involved in the case. If the child is over 10 years old, his consent is required. Adoption is carried out by the court at the request of persons (persons) wishing to adopt a child. Adoption cases are considered by the court in the order of special proceedings according to the rules of civil procedural legislation. Adoption of children is subject to state registration as an act of civil status. The most important obstacle for you in this matter is the formal consent of the biological father. Everything else is standard bureaucratic procedures. If he does not give consent, you will have to deal with it. Citizens of the Russian Federation who wish to adopt a child submit an application to the guardianship and guardianship authority at their place of residence with a request to give an opinion on the possibility of being adoptive parents with the following documents attached: a brief autobiography; a certificate from the place of work indicating the position and either a copy of the income statement; a copy of the financial personal account and an extract from the house (apartment) book from the place of residence or a document confirming the dwelling; certificate of the internal affairs bodies on the absence of a criminal record for an intentional crime against the life or health of citizens; medical conclusion of a state or municipal medical institution on the state of health of a person wishing to adopt a child, drawn up in the manner established by the Ministry of Health of the Russian Federation; copy of marriage certificate (if married). The documents listed in subparagraphs 2-4 are valid for one year from the date of their issue, and the medical certificate on the state of health is valid for 3 months. A person applying for adoption must present a passport, and in cases provided for by the legislation of the Russian Federation, another identity document. In order to prepare a conclusion on the possibility of being adoptive parents, the guardianship and guardianship authority draws up an act based on the results of a survey of the living conditions of persons wishing to adopt a child. Based on the application and the documents attached to it, as well as the act of examining the living conditions of persons wishing to adopt a child, the guardianship and guardianship authority, within 15 working days from the date, prepares a conclusion on their ability to be adoptive parents. The basis for the question of the possibility of adopting a particular child is an application candidates for adoptive parents with a request to establish adoption, which is submitted by them to the court at the place of residence (location) of the child. The application must indicate: Surname, name, patronymic of the adoptive parents (adoptive parent), their place of residence. Surname, name, patronymic and date of birth of the adopted child, his place of residence or location, information about the parents of the adopted child, whether he has brothers and sisters. Circumstances justifying the request of the adoptive parents (adoptive parent) to adopt a child, and documents confirming these circumstances. Request to change the last name, first name, patronymic, place of birth of the adopted child, as well as the date of his birth, about the record of the adoptive parents (adoptive parent) by the parents (parent) in the birth record of the child. The application for establishing the adoption of a child must be accompanied by: A copy of the adopter - in case of adoption of a child by a person who is not married; A copy of the marriage certificate of the adoptive parents (adoptive parent) - in case of adoption of a child by persons (persons) who are married; When a child is adopted by one of the spouses, the consent of the other spouse or a document confirming that the spouses have terminated family relations do not live together for more than a year. If it is impossible to attach a relevant document to the application, the application must contain evidence confirming these facts; Medical report on the state of health of the adoptive parents (adoptive parent); Certificate from the place of work on the position held and salary or a copy of the declaration of income or other document on income; A document confirming the right to use the residential premises or the ownership of the residential premises; Document on registration of a citizen as a candidate for adoptive parents. All documents are provided in two copies. An application for the adoption of a child is considered in private with the obligatory participation of the adoptive parents (adoptive parent), a representative of the guardianship and guardianship authority, a prosecutor, a child who has reached the age of 14, and, if necessary, parents, other interested persons and the child himself aged 10 to 14 years. The court decision on establishing the adoption of a child, which has entered into legal force, is the basis for state registration of adoption or adoption.

best answer

Vladimir Ivanovich(02.10.2013 at 22:28:06)

Good evening!

I will outline the main points that you need to know about adoption (adoption). Firstly, adoption is carried out by the court at the request of persons (persons) who wish to adopt a child. Consideration of cases on establishing the adoption of a child is carried out by the court in the order of special proceedings, i.e. an application is filed, not a lawsuit (because there is no dispute about the right).

Secondly, for the adoption of a child, the consent of his parents is necessary. The consent of the parents to the adoption of a child must be expressed in an application certified by a notary, and may also be expressed directly in court during the adoption.

But, there are cases when parental consent is not required for adoption - p "

in cases where they:

1) unknown or recognized by the court as missing;

2) have been declared legally incompetent by the court;

3) deprived of parental rights by the court;

4) for reasons recognized by the court as disrespectful, do not live together with the child for more than six months and evade his upbringing and maintenance.

Thirdly, for the adoption of a child who has reached the age of ten, his consent is required.

Fourthly, there are legal consequences of adopting a child -

a) 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 origin (i.e. after adoption, it is you will be considered legally the parent of this child, which means you will be responsible for the maintenance and upbringing, the child will be your heir and your relatives, etc.)

b) adopted children lose their personal non-property and property rights and are released from obligations towards their parents (their relatives).

If you have firmly decided to become a father to this child - success!

I hope I helped you clarify your question.

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Gubin Anatoly Anatolievich(02.10.2013 at 16:29:42)

Hello Ilya. The procedure is determined by the Family Code of the Russian Federation. Cases on the establishment of the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, guardianship and guardianship authorities, as well as the prosecutor. Article 127. Persons entitled to be adoptive parents 1. Adoptive parents may be adults of both sexes, with the exception of: persons recognized by the court as incapable or partially capable; spouses, one of whom is recognized by the court as incapable or partially capable; persons deprived by court of parental rights or limited by court in parental rights; persons suspended from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law; former adoptive parents, if the adoption is canceled by the court due to their fault; persons who, for health reasons, cannot exercise parental rights. The list of diseases, in the presence of which a person cannot adopt a child, take him under guardianship (guardianship), take him into a foster family, is established by the Government of the Russian Federation; persons who, at the time of establishing adoption, do not have income that provides the adopted child with a living wage established in the constituent entity of the Russian Federation in whose territory the adoptive parents (adoptive parent) live; persons who do not have a permanent place of residence; persons who have or had a criminal record, are or have been subjected to criminal prosecution (with the exception of persons whose criminal prosecution was terminated on rehabilitating grounds) for crimes against life and health, freedom, honor and dignity of a person (with the exception of illegal placement in a psychiatric hospital, slander and insults), sexual inviolability and sexual freedom of the individual, against the family and minors, public health and public morality, as well as against public safety; persons who have not withdrawn or for grave or especially grave crimes; persons living in residential premises that do not meet sanitary and technical rules and regulations; persons who have not undergone training in the manner prescribed by paragraph 4 of this article (except for close relatives of the child, as well as persons who are or were adoptive parents and in respect of whom the adoption was not canceled). 1.1. When making a decision on the adoption of a child, the court has the right to deviate from the provisions established by paragraphs eight, twelfth and thirteenth of paragraph 1 of this article, taking into account the interests of the child being adopted and circumstances deserving attention. 1.2. The provisions established by the eighth, twelfth and thirteenth paragraphs of paragraph 1 of this article do not apply to the stepfather (stepmother) of the adopted child. 2. Persons who are not married to each other cannot jointly adopt the same child. 3. If there are several persons wishing to adopt the same child, the preferential right shall be granted to the relatives of the child, subject to the obligatory observance of the requirements of paragraphs 1 and 2 of this article and the interests of the adopted child. Article 129. Consent of parents to the adoption of a child 1. For the adoption of a child, the consent of his parents is required. When adopting a child of minor parents who have not reached the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and guardianship authority. The consent of the parents to the adoption of a child must be expressed in a statement notarized or certified by the head of the organization in which the child is left without parental care, or by the guardianship and guardianship authority at the place of adoption of the child or at the place of residence of the parents, and can also be expressed directly in court during the adoption. 2. Parents have the right to revoke their consent to the adoption of a child before the adoption of a court decision on his adoption. 3. Parents may consent to the adoption of a child by a specific person or without specifying a specific person. Parental consent to the adoption of a child can be given only after his birth. Article 130. Adoption of a child without the consent of the parents The consent of the child's parents to its adoption is not required in cases where they are: unknown or recognized by the court as missing; recognized by the court as incompetent; deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code); for reasons recognized by the court as disrespectful, they do not live together with the child for more than six months and evade his upbringing and maintenance. Article 134. Name, patronymic and surname of an adopted child 1. An adopted child retains his first name, patronymic and surname. 2. At the request of the adopter, the adopted child shall be assigned the surname of the adopter, as well as the given name. The patronymic of an adopted child is determined by the name of the adopter, if the adopter is a man, and when a woman adopts a child, by the name of the person indicated by her as the father of the adopted child. If the surnames of the adopting spouses are different, by agreement of the adopting spouses, the adopted child is assigned the surname of one of them. 3. When a child is adopted by a person who is not married, at his request, the surname, first name and patronymic of the mother (father) of the adopted child are recorded in the book of birth records at the direction of this person (adoptive parent). 4. A change in the last name, first name and patronymic of an adopted child who has reached the age of ten years can be made only with his consent, except for the cases provided for in paragraph 2 of Article 132 of this Code. 5. The change of the last name, first name and patronymic of the adopted child is indicated in the court decision on his adoption. Article 136. Entry of adoptive parents as parents of an adopted child 1. At the request of the adoptive parents, the court may decide to record the adoptive parents in the register of births as the parents of the child adopted by them. 2. To make such an entry in respect of an adopted child who has reached the age of ten years, his consent is required, except for the cases provided for in paragraph 2 of Article 132 of this Code. 3. The need to make such an entry is indicated in the court decision on the adoption of the child.

Mikhailovsky Yuri Iosifovich(02.10.2013 at 16:30:26)

Good afternoon

If the father gives his consent, then everything will go faster, you need to seriously think over everything again, i.e. the fact that you are going to this not only because of your wife, because there are not rare cases when they live together for another year, and after a divorce they run to draw up a waiver of parental rights.

Family Code of the Russian Federation

Article 125. Procedure for adopting a child

1. Adoption is carried out by the court at the request of persons (persons) wishing to adopt a child. Consideration of cases on establishing the adoption of a child is carried out by the court in the manner of special proceedings according to the rules provided for by civil procedural legislation.

Cases on the establishment of the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, guardianship and guardianship authorities, as well as the prosecutor.

2. To establish the adoption of a child, it is necessary to conclude the guardianship and guardianship body on the validity of the adoption and on its compliance with the interests of the adopted child, indicating information about the fact of personal contact between the adoptive parents (adoptive parent) and the adopted child.

The procedure for placing children up for adoption, as well as exercising control over the living conditions and upbringing of children in families of adoptive parents on the territory of the Russian Federation, is determined by the Government of the Russian Federation.

3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the date of entry into force of the court decision on establishing the adoption of the child.

The court is obliged, within three days from the date of entry into force of the court decision on establishing the adoption of the child, to send an extract from this court decision to the civil registry office at the place where the decision was made.

The adoption of a child is subject to state registration in the manner established for state registration of acts of civil status.

Article 129. Consent of parents to the adoption of a child

1. For the adoption of a child, the consent of his parents is required. When adopting a child of minor parents who have not reached the age of sixteen, the consent of their parents or guardians (trustees) is also required, and in the absence of parents or guardians (trustees), the consent of the guardianship and guardianship authority.

The consent of the parents to the adoption of a child must be expressed in a statement notarized or certified by the head of the organization in which the child is left without parental care, or by the guardianship and guardianship authority at the place of adoption of the child or at the place of residence of the parents, and can also be expressed directly in court during the adoption.

2. Parents have the right to revoke their consent to the adoption of a child before the adoption of a court decision on his adoption.

3. Parents may consent to the adoption of a child by a specific person or without specifying a specific person. Parental consent to the adoption of a child can be given only after his birth.

Article 130. Adoption of a child without parental consent

The consent of the child's parents for adoption is not required if they:

unknown or recognized by the court as missing;

recognized by the court as incompetent;

deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code);

for reasons recognized by the court as disrespectful, they do not live together with the child for more than six months and evade his upbringing and maintenance.

Article 131

1. For the adoption of children under guardianship (trusteeship), the written consent of their guardians (custodians) is required.

For the adoption of children in foster families, the written consent of the adoptive parents is required.

For the adoption of children left without parental care and who are in educational institutions, medical institutions, institutions of social protection of the population and similar organizations, the written consent of the heads of these organizations is required.

2. The court has the right, in the interests of the child, to make a decision on his adoption without the consent of the persons specified in paragraph 1 of this article.

Article 132. Consent of an adopted child to adoption

1. For the adoption of a child who has reached the age of ten, his consent is required.

2. If, prior to filing an application for adoption, the child lived in the family of the adopter and considers him to be his parent, adoption, as an exception, may be made without obtaining the consent of the child being adopted.

Article 133. Consent of the spouse of the adopter to the adoption of a child

1. When a child is adopted by one of the spouses, the consent of the other spouse for adoption is required, unless the child is adopted by both spouses.

2. The spouse's consent to the adoption of a child is not required if the spouses have terminated family relations, have not lived together for more than a year, and the place of residence of the other spouse is unknown.

Article 137. Legal Consequences of the Adoption of a Child

1. 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 shall be equated in personal non-property and property rights and obligations to relatives by origin.

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

3. When a child is adopted by one person, personal non-property and property rights and obligations may be preserved at the request of the mother, if the adopter is a man, or at the request of the father, if the adopter is a woman.

4. If one of the parents of the adopted child has died, then at the request of the parents of the deceased parent (grandfather or grandmother of the child), personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved if this is required by the interests of the child. The right of the relatives of the deceased parent to communicate with the adopted child is exercised in accordance with Article 67 of this Code.

5. The preservation of the relationship of the adopted child with one of the parents or with the relatives of the deceased parent is indicated in the court decision on the adoption of the child.

6. The legal consequences of the adoption of a child, provided for in paragraphs 1 and 2 of this article, occur regardless of whether the adoptive parents are recorded as parents in the birth record of this child.

Pashkova Nadezhda Nikolaevna(10/02/2013 at 16:34:16)

Good afternoon. The consent of the child will be required, as well as the consent of the guardianship authorities, as well as the biological father. Adoption takes place in court. If the biological father does not give consent, then first it will be necessary to deprive him of parental rights through the court, which will not be very easy, since Art. 69 of the RF IC established clear cases.


evade fulfilling the duties of parents, including in case of malicious evasion from;
refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from similar organizations;
abuse their parental rights;
mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;
are patients with chronic alcoholism or drug addiction;
have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

Nikolai Nikolaevich(02.10.2013 at 20:24:26)

Hello dear Ilya!

Adoption is a voluntary act and can be made only at the request (expression of will) of a person wishing to adopt a child. This means that no one can be forced to adopt children against their will.

The will of the persons (persons) wishing to adopt a child must be expressed in a written application for establishing the adoption of a child, which is submitted by citizens of the Russian Federation wishing to adopt a child, at the place of residence (location) of the adopted child, that is, the jurisdiction of cases on establishing adoption is determined based on the interests of the adopted child. The application must necessarily indicate: surname, name, patronymic of the adoptive parents (adoptive parent), their place of residence; surname, name, patronymic and date of birth of the adopted child, his place of residence (location), information about the parents of the adopted child, whether he has brothers and sisters; circumstances substantiating the request of the adoptive parents (adoptive parent) to establish the adoption of the child, and evidence confirming these circumstances; a request to change the last name, first name, patronymic of the adopted child, the date of his birth (when adopting a child under the age of one year), the place of birth of the adopted child, to record the adoptive parents (adoptive parent) in the birth record of the child as parents (parent) - if desired adoptive parents (adoptive parent) to make appropriate changes to the birth record of the child.

Article 125. Procedure for adopting a child

1. Adoption is carried out by the court at the request of persons (persons) wishing to adopt a child. Consideration of cases on establishing the adoption of a child is carried out by the court in the manner of special proceedings according to the rules provided for by civil procedural legislation.
Cases on the establishment of the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, guardianship and guardianship authorities, as well as the prosecutor.
(as amended on 06/27/1998 N 94-FZ)
2. To establish the adoption of a child, it is necessary to conclude the guardianship and guardianship body on the validity of the adoption and on its compliance with the interests of the adopted child, indicating information about the fact of personal contact between the adoptive parents (adoptive parent) and the adopted child.
The procedure for placing children up for adoption, as well as exercising control over the living conditions and upbringing of children in families of adoptive parents on the territory of the Russian Federation, is determined by the Government of the Russian Federation.
(Clause 2 was introduced by Federal Law No. 94-FZ of June 27, 1998)
3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the date of entry into force of the court decision on establishing the adoption of the child.
(As amended by Federal Law No. 94-FZ of June 27, 1998)
The court is obliged, within three days from the date of entry into force of the court decision on establishing the adoption of the child, to send an extract from this court decision to the civil registry office at the place where the decision was made.
The adoption of a child is subject to state registration in the manner established for state registration of acts of civil status.

According to Article 125 of the Family Code of the Russian Federation:

1. Adoption is carried out by the court at the request of persons (persons) wishing to adopt a child. Consideration of cases on establishing the adoption of a child is carried out by the court in the manner of special proceedings according to the rules provided for by civil procedural legislation.

Cases on the establishment of the adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, guardianship and guardianship authorities, as well as the prosecutor.

2. To establish the adoption of a child, it is necessary to conclude the guardianship and guardianship body on the validity of the adoption and on its compliance with the interests of the adopted child, indicating information about the fact of personal contact between the adoptive parents (adoptive parent) and the adopted child.

The procedure for placing children up for adoption, as well as exercising control over the living conditions and upbringing of children in families of adoptive parents on the territory of the Russian Federation, is determined by the Government of the Russian Federation.

3. The rights and obligations of the adoptive parent and the adopted child (Article 137 of this Code) arise from the date of entry into force of the court decision on establishing the adoption of the child.

The court is obliged, within three days from the date of entry into force of the court decision on establishing the adoption of the child, to send an extract from this court decision to the civil registry office at the place where the decision was made.

The adoption of a child is subject to state registration in the manner established for state registration of acts of civil status.

If the father of the child does not agree to the adoption of his daughter, then it is necessary to first deprive him of parental rights and only after that you can apply to the court with an application for the adoption of the child.

According to Article 69 of the Family Code of the Russian Federation:

Parents (one of them) may be deprived of parental rights if they:

evade the fulfillment of the duties of parents, including in the case of malicious evasion from the payment of alimony;

refuse without good reason to take their child from a maternity hospital (department) or from another medical institution, educational institution, institution of social protection of the population or from similar organizations;

abuse their parental rights;

mistreat children, including exercise physical or mental violence against them, encroach on their sexual inviolability;

are patients with chronic alcoholism or drug addiction;

have committed an intentional crime against the life or health of their children or against the life or health of their spouse.

According to Article 70 of the Family Code of the Russian Federation:

1. Deprivation of parental rights is carried out in a judicial proceeding.

Cases on deprivation of parental rights are considered upon the application of one of the parents or persons replacing them, the application of the prosecutor, as well as on the applications of bodies or organizations that are responsible for protecting the rights of minor children (guardianship and guardianship authorities, commissions for minors, organizations for orphans and children left without parental care, and others).


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