Quite often, foreign citizens want to bring up Russian children. To do this, they need to officially adopt or adopt a child. The process is considered difficult, since several years ago amendments to the law were adopted, on the basis of which certain difficulties were created for the adoption of a child by foreign citizens. This is due to frequent cases of child abuse by foster parents. The procedure should be carried out on the basis of numerous legal requirements.
Features of the adoption of children by foreigners
Many Russian couples refuse to accept children into the family, as this is due to the presence of complex diseases or the need for expensive operations. Even the poor financial situation of the possible adoptive parents affects their decision regarding guardianship.
Many foreign families who want to adopt Russian babies are not worried about financial difficulties, so they are willing to accept sick children into the family. Therefore, the procedure of adopting a child by foreign citizens is often implemented.
In Russia, the process is considered simpler than the requirements for foster families in other countries. But this takes into account some nuances:
- adoption of children of the Russian Federation by foreign citizens is permitted only in a situation where there is no opportunity to send the children to Russian families;
- the low probability of getting into the Russian family should be fixed by a special protocol issued by the judicial board of guardianship and guardianship authorities;
- the procedure is implemented taking into account the laws of the state whose subjects are foster parents, but at the same time extracts from Russian legislation are used.
Potential adoptive parents must meet numerous requirements. Additionally, they should study different information about the baby, which includes his nationality, religion, mother tongue and other features.
Adoption rules
Adoption of children by foreign citizens is carried out only with the participation of guardianship authorities. This requires a court hearing. The judge is given evidence that the adoptive parents will be able to provide the minor with optimal conditions for physical, psychological and moral development and education.
According to the law of the Russian Federation, the limited physical capabilities of a minor cannot be an obstacle to the adoption of a child by foreign citizens. If the baby has siblings, they can be sent to the same family, but the interests of the children should not be violated.
If a citizen of another state officially marries a Russian woman, the adoption process is carried out on the basis of the legislation of the Russian Federation. Adoption of a foreign child by a Russian citizen is considered a more complex process, since the requirements of another state, which are quite stringent, are taken into account.
Prohibition of adoption
Since 2012, a special ban has been established by the Prime Minister of the Russian Federation, on the basis of which US citizens can not adopt Russian children. This ban was adopted after the incident with Dima Yakovlev, who died in the car due to the fact that the adoptive father forgot him all day in the car.
In addition, there is a ban on the procedure for parents who are members of the same sex. The problems of adoption of children by foreign citizens are regularly increasing, therefore, various changes are constantly introduced into the legislation. Many people are sure that the introduction of the ban negatively affected the statistics, since a large number of children with serious diseases were left without the opportunity to get into a foster family.
What are the requirements for foreigners?
In order for foreign citizens to adopt a Russian child, they must meet numerous requirements. Adoption of children of the Russian Federation by a foreign citizen who is not married is allowed. If the couple claims to be a process, then relations between citizens should be officially registered.
The adoption by foreign citizens of children - citizens of the Russian Federation is permitted only if they meet certain requirements. These include the availability of regular income and good housing.
When will adoption be refused?
It will not work for foreigners to carry out the process:
- recognized incompetent, so they simply can not be held accountable for their actions;
- married to legally incompetent persons;
- deprived or limited in parental rights to other children;
- released from custody due to the fact that they do not fulfill their duties to minors;
- with severe illnesses;
- previously adopted the child, if then, by a court decision, the adoption was canceled;
- not owning their own housing;
- previously convicted or under investigation;
- having an unexpunged criminal record;
- not undergoing special training, which is assigned to all citizens planning to become foster parents.
Additional requirements may be established by guardianship authorities. If all these conditions are not satisfied, then the adoption of Russian children by foreign citizens is not allowed. Therefore, this process is considered quite complicated.
Adoption procedure
If a foreign family decides on the need to adopt a Russian child, then certain sequential actions must be carried out by it. They must exactly comply with legal requirements. The procedure for adopting a child by foreign citizens consists in the following steps:
- Initially, citizens must contact the regional department of social protection and guardianship bodies, for which they draw up a special statement, and prepare documents confirming that they comply with the requirements of the authorities;
- if preliminary approval is obtained, then the child is searched on the basis of the provided base;
- the chosen baby is allowed to visit for communication, and during the visits, the employees of the guardianship authorities must make sure that the citizens were able to find a common language with the minor;
- if there are no restrictions and obstacles, then citizens should notify the guardianship authorities that they wish to adopt a specific minor Russian citizen;
- the case is considered by the Supreme Republican or Regional Court, after which an appropriate decision is made.
It is allowed that the case be considered in a city court or in a court of an autonomous region. Only after a positive decision is made it is allowed to take the Russian child to foreigners. Therefore, the procedure for adoption by Russian citizens of Russian children is considered quite complicated. For this, the correct sequential actions must be performed. The court does not always make a positive decision, as it assesses the moral character of the adoptive parents, their financial condition, housing conditions in which the baby will live, as well as many other factors.
What documents will be required?
If foreign citizens decide to take the baby from a Russian orphanage or boarding school, they must prepare certain documents in advance that must be submitted to the guardianship authorities and the court. These include papers:
- passport of a foreign citizen, which must be recognized in Russia as an identity document;
- a correctly drawn up petition, on the basis of which citizens are asked to adopt a child, and it should contain a note that they were acquainted with all the information about children in the database;
- questionnaire, including information about potential adoptive parents;
- a subscription confirming the possibility of registering the adopted baby at the Russian Consulate;
- a subscription allowing employees of the guardianship authorities of Russia to examine the housing of foreigners in order to verify the availability of optimal housing conditions;
- documentation confirming that in the country where the child will live, same-sex marriage is prohibited;
- a written assurance from the guardianship authorities of another country, which certifies that the place of residence of citizens meets numerous requirements;
- certificate that the applicants for adoption have passed the special training necessary for all foster parents.
The absence of even one document may be grounds for refusal.
What additional documents will be needed?
If the adoptive parents are a man and a woman, then they must be officially married, which must be confirmed by relevant documents. If one of the spouses is involved in the process, then written permission must be obtained from the second. Only with the above documents is the adoption of children by foreign citizens allowed.
Foreigners often have certain family ties with the child whom they wish to adopt. In this case, it is advisable to prepare supporting documentation. Under such conditions, the process will be simplified.
All documents must be official and translated into Russian.
Rules for filing an application to the court
Mandatory procedure for the adoption of a Russian baby requires consideration of the case in court. Potential adoptive parents must prepare and submit the above documents to the judge. Additionally, a statement is formed, in which the necessary information is entered:
- information about the adoptive parents themselves;
- it is prescribed in which country the child will live;
- the exact address of the place of residence of foreigners is given;
- includes full information about the minor himself, namely about the place of his registration, about existing relatives, brothers or sisters, and also data about parents should be included here;
- the reason for adoption is indicated;
- a direct petition is submitted, submitted by a petition to change the baby’s data and his place of residence.
The documentation should be compiled only in Russian, and the correctness of the translation should be confirmed by the employees of the Russian consulate.
How is control implemented?
The Russian state must take care of its citizens, therefore, even if the adoption of a baby by foreigners is allowed, control is still exercised until the child reaches the age of majority. It consists in the implementation of actions:
- adopters after arriving at the place of residence with the child must register the baby at the consular mission of the Russian Federation within three months;
- the representation of another state, which is the guarantor of control, must record that the minor has been registered;
- information on taking a child to consular registration within a month is transmitted to the Russian Federation;
- employees of the authorities of another country should regularly transmit reports to the Russian Federation containing information on the living conditions of the baby, his studies, relationships with other family members and the health of the child;
- In addition to these reports, photographs are attached.
Reports should be drawn up until the child is 18 years old.
For what reasons can they refuse?
The adoption of a child by foreign citizens is a complex and lengthy process. Quite often, applicants are refused to perform this process. There can be many reasons for a negative decision. The most common denial of adoption is due to the following reasons:
- foreigners do not have regular earnings;
- there is no optimal place to live;
- citizens have a criminal record or have previously been deprived of parental rights;
- the health status of the applicants will not allow them to optimally take care of the children;
- there is evidence that the applicants are abusing alcohol or drugs.
All the above facts must be documented.
Are children transmitted to adoptive parents with various diseases?
The transmission of children to people with contagious, complex or mental illnesses is not permitted.
If there are not too serious illnesses, then it is allowed to transfer the children for a limited amount of time to make sure that the adoptive parents cope with their responsibilities.
Conclusion
Many foreigners want to adopt Russian children, but this procedure is considered complex and lengthy. To do this, it is important to meet many requirements, as well as prepare numerous documents.
There are many reasons for refusing to adopt minors by foreign adoptive parents. Additionally, the restrictions specified in the law are taken into account, so US citizens can not adopt Russian children.