Not all people raise their own children. Some can not conceive a baby on their own, it pushes them to think about adoption. Not the easiest solution in every sense, but it helps to find a full-fledged family. Unfortunately, in Russia people often get divorced, even with common children. And men marry ladies who already have a baby. To become a full-fledged family, you have to think about how to adopt the wife’s children from their first marriage. This is not the easiest task, but if you prepare for it in advance, you can avoid most of the problems. Next, we consider the procedure for adoption of children from past marriages of spouses.
Is there any chance
Taking an unborn child into your family is very difficult and not always affordable. This is due to the fact that not every adoptive parent meets the requirements put forward by the state.
How to adopt a wife’s child from her first marriage? Compared with the adoption of a baby from a baby's home or shelter, achieving the desired will be easier. The main thing is to try in advance.
There is always a chance. Only it cannot be realized in all cases. The most difficult situation will be in which the child has a biological father, who conscientiously performs parental duties.
Possible situations
How stepfather adopt a wife’s child? The algorithm of actions will directly depend on the circumstances under which the corresponding process occurs. It also happens that achieving the goal is problematic. Sometimes it’s impossible.
The following situations are currently possible:
- The child has a father. The case is conditionally divided into two ways - when the bio-dad evades his responsibilities for the maintenance and upbringing of the minor and when he is a bona fide parent.
- The adopter does not have a dad due to the fact that he was deprived of parental rights.
- The father of the baby is unknown or died.
In all these situations, one will have to act in different ways. More precisely, in general, the procedure will remain the same. The difference will be in the documents provided to the authorized bodies.
Adoptive Requirements
What does it take to adopt a wife’s child? It is worth paying attention to the fact that this task is not always feasible. Sometimes a refusal can be given due to the fact that a citizen does not meet the legislatively established requirements.
A potential adoptive parent should:
- have housing suitable for living with a child;
- have a decent income;
- have a difference with the stepdaughter or stepson of at least 16 years;
- do not have outstanding convictions;
- have the desire to adopt a child in an official manner.
Adoptors in Russia can not be US citizens, as well as persons with serious illness or disability, in which it is impossible to fully care for and raise a child.
To adopt a wife’s child from her first marriage, she is required to enter into an official relationship with her spouse. Cohabitation (popularly - civil marriage) will not allow to become the adoptive parent of a minor.
Important: a person deprived of parental rights cannot be an adoptive parent.
Three factors to start the process
How can a husband adopt a wife’s child? With proper and timely preparation, this is a fairly simple task. Especially if you discuss in advance its implementation with family members.
To begin the process of adopting spouses' children from past marriages, three important conditions are required:
- the will of the stepfather to the process;
- wife's consent to adoption;
- bio-dad approval.
There may be problems with the last moment. It is the lack of permission for the adoption of a child’s father to be able to taboo further actions. True, not always. How can a man adopt his wife’s child?
Important: if the child is already ten years old, his opinion will also be asked. The court will never allow adoption by those with whom the minor does not want to live.
If the father is and he is conscientious
An application for the adoption of a wife’s child cannot be submitted until the biological father permits the appropriate procedure. If the bio-dad of the stepdaughter / stepson conscientiously fulfills his parental responsibilities, his word cannot be ruled out. Until the father agrees to adopt his child by another person, the process is impossible.
That is why it is recommended to discuss this point with all family members in advance. Maybe bio-dad will easily give consent to the procedure. Otherwise, it will not work to achieve the originally set goal.
Father is, but unscrupulous
The situation will be somewhat different if the adopted father’s biological father does not fulfill his parental duties. For example, does not pay child support or does not communicate with the child.
This is a more favorable situation for a new husband. In such circumstances, the mother of the child should go to court and deprive her former spouse of parental rights. After that, it will be possible to carry out the adoption process without significant difficulties.
Father is already disenfranchised
Adopting a wife’s child from her first marriage does not always require tremendous effort. Sometimes it is possible to carry out the appropriate procedure with minimal hassle. For example, if the child’s father is deprived of parental rights.
Under such circumstances, the word biological dad does not play any role. Accordingly, for the adoption of the baby you need only the consent of the mother-spouse. And this is not a problem in newly made families.
There is no father at all
Adopting a wife’s child from her first marriage in practice is quite simple. For example, if it is not known who is the father of the minor. Or, when the bio-dad died / went missing.
What to do in the described situations? Of course, permission from the bio-father is not required here. Instead, you will have to enlist the support of the mother of the child, as in the case described earlier.
About the process step by step
How stepfather adopt a wife’s child? It was said earlier that regardless of the situation, the algorithm of actions as a whole will be the same. But which one?
It is recommended to act in the adoption of a child of a spouse approximately like this:
- Prepare documents required by law. Their list will vary depending on the specific situation.
- Write an application for adoption, then file it with your local guardianship authority. There, the citizen will have to approve further actions. This is confirmed by a certificate.
- File a lawsuit.
- Take part in the meeting. During it, the judge will examine the documents and testimonies of witnesses, as well as family members, and then make a decision on adoption.
- Contact the registry office to reissue children's documents and obtain an official certificate of adoption.
It doesn’t sound as hard as it really is. But if you make an effort and pre-think about the implementation of the task, everything will surely work out.
Documents for custody
How to adopt wife’s children from their first marriage? It is worth starting, as already mentioned, with a visit to the local department of guardianship authorities. Passing this service will not work. No court will satisfy a lawsuit for adoption unless “custody” confirms the adoptive parent’s suitability for parenting.
In order for the studied procedure to be successful, when you visit the authorized body, a citizen needs to take:
- identity id;
- stamp of marriage with the mother of the child;
- certificate of no criminal record;
- a medical opinion on the state of health of the adoptive parent;
- certificate of income of the candidate;
- extract from the house book;
- characteristics from the place of study or work;
- autobiography;
- application for adoption, written by the mother of the adopted.
This is usually enough. If the candidate has more than one housing, it is worth confirming this. Of course, do not forget about the permission of the bio-dad to the procedure.
Additional references
The previously mentioned documents can be considered basic. Without them, the stepfather cannot achieve the desired goal under any circumstances. But the corresponding list has to be supplemented with new components. Which ones?
Depends on the situation. For example, a candidate may require the following documents:
- death certificate of the father;
- minor birth certificate;
- court decision (on deprivation of the bio-pope of parental rights or on recognition of him dead / missing).
All references listed are provided in the originals along with copies. Only photocopies will not work.
Court Inquiries
I wonder how to adopt his wife’s children from his first marriage? We have already managed to familiarize ourselves with the core part of the process. Now you should pay attention to the documents that are useful for the implementation of the task.
During a visit to the court, the stepfather will need all the references listed above. They are supplemented by the regulations of the guardianship authorities on the suitability of the plaintiff for the chosen role and the birth certificate of the child.
There is nothing difficult or incomprehensible in this. If citizens were able to obtain permission of the "guardianship" to continue the procedure, most likely, the adoption will take place quickly and without difficulty.
Content of the claim
An important point is the execution of the statement of claim for further action. Not everyone knows what to indicate in it.
The document says:
- adopter data;
- information about the adopted;
- information about the place of work and income of the adoptive parent;
- the fact of the presence or absence of personal housing;
- information about the relationship in the cell of society;
- personal characteristics of the plaintiff;
- grounds for adoption.
In addition, do not forget that in the statement of claim the citizen must indicate the fact of officially registered relations with the mother of the minor. Without it, as already mentioned, to achieve the satisfaction of the requirements will not work.
After the judicial debate
The final stage is the re-registration of children's documents and obtaining a certificate of adoption with the state emblem. After the trial, such operations will seem the simplest.
To apply for re-production of documents you need to the local registry office. Citizens need to have a marriage certificate and the birth of a minor, a court decision and a passport.
After some time (usually after a couple of days), you can go to the registry office again and pick up ready stamp documents. A citizen must have any identifier with him.
Important: you can contact the registry office through the multifunctional centers of the region.
Conclusion
Now it’s clear how to adopt a wife’s child. Documents for this operation will have to be prepared several times. Unfortunately, not in all cases it turns out to quickly achieve the desired.
Similarly, the procedure for the adoption by the wife of the children of the new spouse is carried out. But in real life, such situations are very rare. Usually you have to think about how a husband can adopt a wife’s child.
If a child who is ten years old at the time of the court debate does not want to be adopted, he must report this at the meeting. This opinion will be taken into account by both “guardianship” and the court. As a rule, the claim will be rejected, because no one will force the minor to adopt him. This simply violates the rights of children.
For the whole procedure, people sometimes take years. The sooner the family begins to prepare for court, the higher the likelihood of a successful claim being satisfied!