How to draw up an application for adoption of a child: sample, help from a lawyer

The procedure for adopting a child by a stepfather is very popular and generally accepted in our country, which allows us to judge the extremely trusting relationship between the future father and the child. In addition, it imposes additional obligations and gives certain rights to the adoptive parent and the adopted child.

According to Article 125 of the Family Code of the Russian Federation, the adoption of a child is carried out by a court with the participation of local guardianship and trusteeship authorities, the prosecutor's office, and, of course, the adopting persons themselves.

Peculiarities of adoption of a wife's child

In different situations, there are some features of the procedure. The fundamental condition for the presence of a living biological father is his consent to the adoption.

Features of the implementation of the procedure depend on a number of conditions:

the presence and full approval of the father;
behavior of the biological parent towards the minor;
consent of the mother and stepfather to implement the procedure;
biography of the potential adoptive parent, compliance with certain parameters.

The whole process is made up of the totality of circumstances, and its course may differ greatly in an individual case.

A biological parent always has the priority right to raise his own child, unless deprived of it by a court decision.

Consent of mother to adoption of child by stepfather sample

Hello, in this article we will try to answer the question “Mother’s consent to adoption of a child by stepfather sample.” You can also consult with lawyers online for free directly on the website.

Consent must be written. At the same time, it must additionally be certified by a notary from the mother and father.

If the new husband (potential father) for his wife’s children meets the above criteria, then he should collect the required documentation. Exactly what papers are needed will be indicated below.

Under what conditions can the procedure begin?

There are the following conditions that must be met to begin the adoption procedure:

The wish of a future father.
Consent of the woman's ex-husband who has not been deprived of parental rights. If she is a single mother and her husband is no longer alive, this item is omitted.
The consent of the woman herself to the adoption procedure.
Compliance with the legal criteria that a potential father must meet.

The main requirements for an adoptive parent include the following:

he is capable;
he has a regular income;
he has reached his 18th birthday;
he has no criminal record;
he does not suffer from incurable diseases;
he is not the adoptive parent of another child in respect of whom the fact of adoption has been cancelled.

If the child has reached the age of ten, parents and government authorities are obliged to take his opinion into account.

The procedure for adopting a child is impossible if the parents live in an unofficial marriage, i.e. did not register their relationship with the registry office.

Restrictions for candidate adoptive parents

According to Art. 127 of the RF IC, the following persons cannot claim to be the adoptive parent of a child of a legal spouse:

recognized by the court as completely or partially incompetent or unable to properly fulfill parental responsibilities due to their own health (including due to alcoholism or drug addiction);
previously deprived or limited by the court of parental rights;
removed by the court from the duties of a trustee (guardian) for improper performance of their legal duties or subject to cancellation of adoption due to their own fault;
without permanent residence.

Also, the adoptive parent of a wife’s child cannot be a person who has (or previously had) a criminal record or is (or has previously been) subject to criminal prosecution:

for illegal actions in relation to sexual integrity and sexual freedom of the individual - with the exception of cases of termination of criminal prosecution due to the complete rehabilitation of the defendant;
for crimes against freedom, honor and dignity of the individual - with the exception of cases of slander and illegal hospitalization in medical institutions providing psychiatric care in a hospital setting;
for crimes against life and health, against family and minors, against public health, public morality, peace and security of mankind - except in cases where the court classifies these acts as crimes of moderate or minor gravity and there is no danger on the part of the potential adoptive parent for life, health and morality of the adopted person;
for other criminal acts classified by the court as grave and especially grave.

Conditions

As a general rule, parental rights and responsibilities are based on blood ties. Adoption is the endowment of a citizen and a child with the rights and responsibilities of a blood family by a court decision.

The procedure is of the following types:

in relation to a child left without parental care;
in relation to the son/daughter of the spouse (intra-family).

To adopt a stepfather, the following requirements must be met:

a man wants to adopt a child and give him his last and patronymic names;
the age of the candidate must be 16 years older than that of the person being adopted;
the child for whom adoption is being established is a minor;
mother's consent;
consent of a child over 10 years of age;
the man has a permanent place of residence;
the stepfather had no convictions for a serious or especially serious crime.

It is possible to adopt children whose blood father:

gives consent to adoption;
died;
deprived of paternal rights;
not included in children's documents.

The opinion of the blood father matters only if he has parental rights and responsibilities. Otherwise, the mother's consent is sufficient.

With the consent of the legal father

The blood parent, whose details are included in the children’s documents, is vested with parental rights and responsibilities. For adoption while the father is alive, his official consent is required.

When living separately from a minor and his mother, the citizen is obliged to pay alimony. This is the main reason for obtaining consent for adoption by the ex-wife's new spouse.

Consent can be formalized:

In court (free). After the stepfather's claim is accepted for consideration, a preliminary conversation is held. The blood father can write a statement renouncing parental rights and consent to adoption.
At a notary (for a fee). The document is drawn up by the notary's clerk and certified by the signature of the blood father. The notary certifies the signature.

The document can be revoked by the applicant at any time before the court decision comes into force. The decision can be appealed within 6 months.

Without legal parent permission

To adopt a wife's child from her first marriage, an official application and consent of the blood father is required. If the biological parent objects to the adoption, the process can be initiated in the following cases:

after deprivation of a natural parent's paternal rights;
in the event of his death.

The court will refuse to establish adoption if the parent is alive and has full parental responsibilities. The following reasons are not grounds for adoption without the consent of the father:

male incapacity;
alcoholism or drug addiction;
serving a sentence in prison;
the unknown absence of a man.

It is necessary to first deprive the natural parent of paternal rights. The possibility of initiating adoption will arise only six months after the court decision is made.

Adoption of children of a single mother

To adopt a wife's children, her consent will be required. However, the mother's opinion does not guarantee a positive decision. A citizen must collect documents, fill out a statement of claim and submit them to the judicial authority.

If the child’s documents contain a dash in the father column, it is possible to simply establish paternity through the district registry office. The spouses visit the authorized body with an application to enter the man’s data in the “Father” column. In this case, the woman must confirm that the man is the father of the children.

The result of the application will be the issuance of a certificate of paternity and a new birth document.

Consent of mother to adoption of a minor child by stepfather sample

Based on Article 131 of the Family Code, in the case of orphans, permission for adoption is given by guardians, guardianship authorities, adoptive parents or heads of orphanages. If the child has reached the age of 10, then his opinion is also taken into account during the trial.

According to the current legislation on adoption, a stepfather must have the following circumstances to become a father:

have a personal desire to become a father to his wife’s children from a previous marriage;
correspond to a certain age category. By law, the stepfather must be at least 16 years older than the minor;
have written approval from both biological parents of the baby. Therefore, it is required to obtain consent for adoption not only from the wife, but also from her ex-husband, who is the blood father of her child. If this woman is a single mother, then the father’s consent is not needed;
the stepfather must not have a criminal record;
the future father must have his own housing that meets the sanitary standards provided for by Russian laws;
he must have a stable official income, since its presence will indicate that he is financially capable of becoming the official guardian for a minor.

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If a child abandoned by the father is adopted by another person, then in this case all responsibilities are assigned to the adoptive parent, and the biological father is exempt from paying child support. Only after the father or mother has been deprived of parental rights can the guardianship authorities appoint a guardian for the child. Also, only after a court decision can a child be adopted.

However, in reality everything is much more complicated. After formalizing a relationship with a child, whose blood parent consciously transfers his “powers” to the new father, the full right of paternity with all the ensuing consequences completely passes to the stepfather.

First, you need to note why this procedure is necessary at all. The fact is that after the court has decided to establish adoption, the adoptee and the adoptive parent receive a number of benefits:

Any actions related to the child (for example, traveling abroad) no longer require the consent of his biological father. In general, the biological parent loses all legal connection with the child.
The legal connection becomes tantamount to blood relationship. As a result, the child receives the right to alimony, can inherit to the adoptive parent, etc.
The child can receive a surname and patronymic in honor of the adoptive parent.

The procedure is the same. Initially, the appeal is sent to the guardianship and trusteeship institution, and then to the judicial authority. The documentation package provided is identical as in other cases.

Finally, if the child is already 10 years old, he or she will be required to agree. An exception is possible only in cases where he has been living in a family with his stepfather for a long time and considers him his real father.

How to adopt a wife's (husband's) child from her first marriage?

Adoption by a stepfather has its advantages. All family members have a common surname. A man is given rights over a child. He can represent his interests and give consent to a medical examination of the minor. The adoptive parent receives all the rights and responsibilities of a blood father.

A prerequisite is the consent of the mother (Article 133 of the RF IC) and the child who has reached 10 years of age (Art. 132 of the RF IC). If the minor is against the procedure and changing the surname, the court will refuse to satisfy the requirements.

Stepfather while father is alive

In case of adoption of a child while the father is alive, it is necessary to obtain the consent of the man. Permission must only be obtained from the official blood father or from the person recorded in the children's documents as the father.

If the child's father is not included in the documents, then his opinion is not taken into account. If the biological father is against adoption, he can initiate the establishment of paternity.

The law provides for the following options for obtaining consent (Article 129 of the RF IC):
Consent formalized in court in simple written form. The court requires the man's personal participation in the process. The child's father must execute the document in the presence of a judge. There is no charge for certification of consent.
Consent certified by a notary. If the father cannot personally participate in the process, then he can issue a notarized consent. To do this, you need to contact any notary office. To certify the document you need to pay a set amount.

A man has the right to change his mind within 6 months from the date of registration of adoption. To cancel the adoption, you will have to initiate legal proceedings. If the requirements are met, parental rights will be restored.

Often men agree to have their child adopted if they do not want to pay child support. In the event of a court decision, the obligation to provide financial support ceases.

Stepfather, if the father is deprived of parental rights

To register an adoption without the consent of the father, it is necessary to deprive him of parental rights. This is possible if there are compelling reasons. A popular reason is refusal to pay child support.

The issue can only be resolved in court. If the father does not fulfill the obligation to provide financial support for the child, then it is possible to deprive him of paternity in the following ways:
For failure to fulfill parental rights. It is necessary to prepare evidence that he does not pay child support, does not communicate with the child, and does not care for him.
For malicious evasion of payment of alimony. If there is a verdict to hold him accountable for failure to pay financial security, the court will deprive the man of his rights without additional evidence.

More detailed information on how to deprive a man of paternity for non-payment of alimony can be read in the article: “Deprivation of parental rights of a father or mother for non-payment of alimony.”

The court will not require the consent of a man deprived of parental rights.

Example. Elena was 5 months pregnant when her husband left her. The man filed for divorce and entered into a new marriage. He never saw his daughter and never paid child support. Elena entered into a new union after 5 years. Before the girl had to go to 1st grade, her stepfather offered to adopt her. But the father's consent was needed. The man did not maintain a relationship with his ex-wife, so she did not know where he lived. Therefore, she turned to the bailiffs to obtain a certificate of alimony arrears. After which, she filed an application for deprivation of paternity. Based on the court decision, they formalized the adoption.

Stepfather in the event of the death of the father

If the child's blood father has died, the woman can consent to the child's adoption by the new spouse. In this case, it is necessary to take into account the opinion of the grandparents of the deceased spouse.

If the biological father is dead, then his parents can claim the preservation of property and non-property rights in relation to the grandchild in the event of adoption.

The court does not require the consent of grandparents. It is enough to take into account their opinion. If they wish, the court will preserve their official relationship.

A mandatory condition for adoption in the event of the death of the father is the provision of a death certificate. Moreover, it does not matter whether the man actually died or was declared dead by the court.

If a minor was assigned a pension due to the loss of his father, then in the event of adoption the payment is retained (Article 138 of the RF IC).

Child of a single mother

To adopt the son or daughter of a single mother, you do not need to obtain the consent of the biological father. The consent of mother and child is sufficient.

If there is a dash in the minor’s documents, then it is possible to do without adoption in court. It is enough to establish paternity through the registry office.

The procedure will take significantly less time. Voluntary registration of paternity is completed within a day.

Sample consent for adoption

Consent of the adoptive parent's spouse to adopt a child: 1. As a result of adoption, the child is transferred to be raised in the adoptive parent's family. Typically, both spouses adopt a child.

A child can come to his foreign parents in Germany for family reunification only when he is under 18 years of age. Adult children are no longer direct relatives from the point of view of German migration law. Moreover, even minor children who have managed to get married also cannot reunite with their parents.

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Is there a sample consent of relatives living together to adopt a wife’s child? If in any form, then how to compose it correctly?

Our dad has matured! I am ready to write permission for the adoption of our common daughter by my second husband. I have already gone to 3 notaries, no one knows how to get this done (interesting specialists work for us). Where can I find a sample of notarized consent for the adoption of a child from the father. Or is it written in any form and simply certified by a notary?

Father - full name, gives consent to adoption / deprived of parental rights by decision of the Petrovsky District Court dated (date) declared missing / died - (date), etc.

Only people who have reached the age of majority can adopt. The difference between the adoptive parent and the adoptee must be more than 16 years. But the court, by its decision, can reduce this difference.

An exception to the rule of mandatory obtaining consent for adoption are cases when the child lives in the same family with the adoptive parent and considers him to be his de facto parent.

Thus, the legislator establishes a number of circumstances in the presence of which the adoptive spouse is given the right to adopt a child without the consent of the other spouse.

Before adopting a child, the adoptive family will have to obtain consent from the child's biological parents. It must be given in writing, drawn up in accordance with certain templates.

How to adopt a wife's child from her first marriage

After the official registration of the marriage, the new spouse becomes the stepfather of the wife’s children, which gives him the right to formalize paternity in the future. If a man and a woman are only cohabitants, the question of the possibility of becoming the legal father of the common-law wife’s children is not considered.

The procedure for adopting a wife’s child is possible under the following conditions:

the actual desire of the stepfather;
legally formalized permission of the biological father, if he responsibly fulfills his obligations and is not deprived of parental rights;
consent of the adoptee's mother;
consent of the person being adopted, if he is 10 years old at the time of adoption;
stepfather's capacity;
the stepfather has no criminal record;
having a permanent income;
the stepfather has no serious illnesses, alcohol or drug addiction;
the stepfather's lack of experience in depriving parental rights.

If the biological father gives his consent to the adoption, the permission is legally formalized and certified by a notary. This document exempts the parent from attending court. If there is no permission, then he can express his decision personally during the court hearing.

If the origin of the child does not raise any doubts, and the parents at the time of birth are not legal spouses, but live together, then the issue of paternity is resolved through the registry office. An application is submitted to the registry office, where the man indicates that he wants to be recognized as the legal father.

Where to contact

The procedure for legitimizing paternity lies within the competence of the guardianship and trusteeship authorities; you only need to submit an application and other necessary data to the above authority. After reviewing the documentation, a conclusion is drawn up on the possibility of adoption. If all family members are registered in different places, the data is submitted to the guardianship service at the place of registration.

Having received the required permission, the adoptive parent attaches a pre-drafted statement of claim and applies to the court for a final decision.

Procedure

Obtain legally certified consent for adoption from the natural father.
Obtain written permission from the adoptee's mother.
Prepare a number of necessary documents (listed below).
Contact your local guardianship office for an adoption certificate. Usually stepmothers and stepfathers are not denied the issuance of this document, and after 5 working days the conclusion is ready.
Provide a statement of claim, opinion and other documents to the court.
Take part in the court hearing, as a result of which a decision on adoption is made.

Usually the process of adopting a wife's child by a stepfather takes a maximum of 1-2 months.

Collection of documents

The list of documentation for intra-family adoption is smaller than for the adoption of an orphan child into a family. Some information is requested by the guardianship department specialists independently.

List of information:

a copy of the civil passport of the adoptive parent and mother;
autobiography;
medical certificate confirming the absence of diseases that interfere with the performance of parental responsibilities;
income information;
a document confirming the conclusion of an official marriage union with the mother of the children.

Specialists from the district guardianship department will request the following information:

about the presence/absence of a criminal record;
on removal from duties of a guardian;
about cancellation of adoption;
about deprivation of paternal rights;
about the composition of the candidate’s family.

After receiving a response to the request, the commission of the municipal guardianship department must visit the applicant’s place of residence to conduct an examination. The examination report is attached to the documents and sent to the candidate within 3 days.

Stepparents do not have to undergo adoption training. In addition, intrafamily adoptions are not subject to income requirements.

Based on the information received, the guardianship department makes a conclusion about the possibility/impossibility of being an adoptive parent. The refusal is appealed in court.

Drawing up a statement of claim

The issue of adoption is resolved through legal proceedings. To do this, the applicant sends documents to the district or city court at the location of the children.

The application includes the following information:

details of the district or city court, indicating the address;
information about the stepfather (full name, address, passport details, contract phone number);
information about the interested person - the mother of the children (full name, address, passport details, telephone number);
third parties (district guardianship department, registry office);
prosecutor's office;
Title of the document;
information about the conclusion of a marriage union;
details of children and their date of birth;
information about the second parent;
description of living conditions, lack of criminal record, presence of contact with children;
reasons for adoption;
reference to law;
claim;
list of documents;
signature and date.

The requirements must be specified:

Set up adoption.
Change the information in the birth certificate in the columns “Child’s last name,” “Child’s patronymic,” and “Child’s father.”

For children under 6 months of age, it is possible to change the date of birth.

Trial

The applicant is exempt from paying the fee, since the process is in the interests of minor children. The documents submitted to the district guardianship department are accompanied by:

consent of the blood father;
a court decision depriving him of his paternal rights;
death certificate of the biological father;
consent of children aged 10 years and older;
consent of the children's mother to adopt a child from her first marriage.

The application is considered in the presence of the children's mother, a specialist from the district guardianship department and the prosecutor. The authorized bodies submit to the court a conclusion on the merits of the stated claims.

The process takes place in one meeting. If the necessary documentation is available, the court's decision satisfies the plaintiff's demands. It comes into force within 30 days from the date of issue.

Is a stepfather required to undergo training as a person wishing to adopt a child?

If a new husband plans to formalize paternity for his wife’s children from his first marriage, he does not have to attend adoption courses, parenting training, or undergo other special training.

What documents will be required

The procedure for registering the adoption of a wife's child is not as simple as it seems at first glance. The main difficulty is collecting all the requested documents. These include:

Basic (enshrined in federal laws):
certificate of no criminal record of the adoptive parent (requested at the local police department or on the State Services website, completed within 30 days, valid for 6 months);
certificate of health of the adoptive parent (form 164/у-96);
certificate of income of the adoptive parent (form 2-NDFL, requested at the place of work);
characteristics from the place of work with the seal and signature of the manager;
an extract from the house register stating that the adoptive parent lives with the adoptee;
papers for the adoptive parent's real estate;
autobiography of the adoptive parent;
document on the health status of the child being adopted (certificate form 169u);
Marriage certificate.

After carefully studying the documentation, representatives of the guardianship authorities can check the living conditions, as well as talk with the mother and the adopted person. Only after this do they decide on the possibility of registering paternity.

Additional (recorded in regional regulations):
the desire of the adoptee, if he is already 10 years old;
a certificate stating that the adoptive parent has not previously been deprived of parental rights;
a certificate stating that the potential parent was not previously an adoptive parent and the adoption has not been canceled in relation to him.

Information about what other documents are needed to register paternity for the wife’s children can be obtained from local guardianship and trusteeship authorities, as well as on the State Services website.

Consent to adoption from birth mother

Adoption is possible only if there are legally defined grounds:

The immediate desire of the child's stepfather to be adopted.
Full compliance of the stepfather with all legal requirements for adoptive parents.
Consent of the child's mother to the procedure.
Consent of the child's father to the transfer of parental rights.

Attention! All information on the site is provided for informational purposes only and is for informational purposes only. For all questions regarding the diagnosis and treatment of diseases, you must consult a doctor for an in-person consultation.

Such consent to the adoption of a child. Consent to adoption of the child's mother sample. MOTHER'S CONSENT TO THE ADOPTION OF A CHILD BY THE SPOUSE I give, surname, first name, patronymic if any. The child's mother will consent to his adoption. Sample consent for adoption of a child by another person in Russia. However, it is forcibly forced to be the father or mother of a capable adult. How to formalize the mother's consent to the stepfather's adoption of a child. Eta. Mother's consent to adopt a child, sample p. Permission from the mother to adopt the baby by the new spouse. This also applies to cases where a child is adopted by a stepfather or. Statement of mother's consent to adoption by stepfather sample.

According to established practice, the guardianship authority, simultaneously with such a refusal, takes from them a statement in which they express a positive opinion about the adoption of their child not by someone specifically, but in principle. Such a statement is certified by the guardianship authority, which in this case replaces the notary. Therefore, when a question arises in court, no one will ask them again. The court will only make sure that the previously obtained consent has not been revoked. He married a woman who has a child from a previous marriage. The child calls me father, and I treat him like a son, so my wife and I decided to adopt. The biological father agrees to the adoption.

When a boy (girl) reaches the age of ten, approval is required to transfer him to a new family. Only a positive attitude from the baby can allow the procedure to continue. In order to comply with the principle of secrecy of adoption, this legal norm may not be taken into account if the child lives with the candidate before adoption and considers him his parent. After entering into a new marriage, the spouse automatically becomes a stepfather in relation to the child. Often he plays the role of a real father, but at the same time legally has no rights. He also takes care of and raises the baby. So is it possible to adopt a baby in this situation?

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Adoption procedure

According to Art. 125 of the RF IC, the adoption procedure is carried out by the court on the basis of an application from an interested party, in this case – the stepfather, with the direct participation of the child’s mother.

Due to the specific nature of such cases, their consideration is carried out by the judicial authorities in a special manner, which makes it possible to observe the fundamental constitutional rights of all interested parties, in particular, to maintain the secrecy of adoption intact.

The procedure under consideration consists of the following steps:

Preparation of a list of the above documents.
Applying to the guardianship and trusteeship authorities in order to obtain a documentary conclusion justifying the possibility of adoption and its compliance with the interests of the adopted child. Transfer of prepared documents to the guardianship authorities.
Review by guardianship authorities of received documents and applications from interested parties . The maximum period for consideration is 15 working days from the date of receipt of the application and documents.
In case of a positive decision, the stepfather is issued an appropriate conclusion , and previously received documents are transferred from the guardianship authority to the court for further consideration.
An interested party applies to the court with a statement of claim to establish adoption on the basis of the received approval of the guardianship and trusteeship authorities. The time frame for consideration of a claim is not established by law.
Preliminary court hearing , during which the judge examines the documents provided, establishes the need (or lack thereof) to attract witnesses. Also during the preliminary hearing, the date of the main hearing is determined.
The main hearing , during which the possibility of adoption is determined in accordance with the interests of the child, as well as the requirements of the law.

Statement of claim

The basis for going to court is the statement of claim of the adoptive parent (in this case, the stepfather) of the child.

The statement of claim is written in a conditionally free form, however, it must reflect the following information:

name of the judicial authority;
information about the applicant (adoptive parent): full name, residential address;
name of the guardianship authority that agreed on the possibility of adoption;
information about the applicant’s spouse: full name, residential address, date of registration of marriage with the applicant;
information about the child: full name, date and place of birth, information about biological parents;
information about the applicant’s relationship with the child , justification for the need for adoption;
list of attached documentation: includes copies of the above documents, copies of the passports of the applicant and his wife, as well as copies of the birth certificate (or passport) of the child.

Main Hearing and Judgment

The final decision on the possibility of adoption is made by the court following the results of the main hearing based on the materials provided, as well as the testimony of interested parties. In addition to the stepfather and mother of the child, a representative of the guardianship authorities and a prosecutor must also be present at the meeting.

In addition, the presence of the child’s biological father or his legal representative is necessary - but only if he is not deprived of parental rights and takes an active part in raising the child. Otherwise (and also if the child’s mother is a single mother), the presence of the father is not required.

If a positive decision is made on the possibility of adoption, within three days from the date of the main court hearing, an extract from the above decision is sent to the civil registry office to register the stepfather as the legal father.

The rights and obligations of the adoptive parent and adopted child arise from the moment the court decision enters into legal force.

Also, on the basis of this decision, the adoptive parent has the right to request permission to change the last name, first name or patronymic of the adopted child, as well as the date and place of his birth, but only with the consent of his wife - the child’s biological mother.

Controversial situations

The main percentage of controversial situations in the class of civil cases under consideration falls on the following cases:

Denial of the possibility of adoption by a stepfather. An adoption ban can be obtained both at the stage of applying to the guardianship authorities, and on the basis of a court decision made during the main hearing. In such situations, the refusal can be challenged when the interested party appeals to a higher court.
Refusal of the child's biological father to give permission for his adoption by the stepfather. In this case, adoption becomes virtually impossible. The only solution for the child's mother and stepfather in such situations is to initiate legal proceedings to completely deprive the child's biological father of parental rights.

Persons under the age of eighteen and under the care of only one parent may be adopted by his (the parent’s) legal spouse - either by a stepfather or a stepmother.

Initiating the adoption procedure is possible subject to the provision of a package of necessary documents to the guardianship and trusteeship authorities, obtaining the appropriate approval and subsequent application to the civil court at the place of residence. In this case, the main condition for making a positive court decision is the compliance of the candidate for adoptive parents with the requirements established by the provisions of the Family Code of the Russian Federation.

Sample application for adoption from two spouses

If the child has parents, an indispensable condition for adoption is obtaining their consent. The absence of this consent makes it impossible to transfer the child to the family of another person as a daughter or son, despite the fact that this child may actually be deprived of parental care.

Hello Everyone! I'm new here! I have this question: my husband and I want to adopt a child (I can’t have our own due to health reasons), but my husband’s certificate of no criminal record has an article about non-payment of alimony! 6 years ago we left and did not pay child support (my husband’s from his first marriage) upon arrival, there was a trial, they awarded work correction. Now this is reflected in the certificate! Can we be allowed to adopt a baby or will they refuse?

Certification of the signature of the applicant's spouse in the specified order is not required if he personally appeared at the court hearing and confirmed his consent to the adoption of the child (clause 11 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated April 20, 2006 N 8).

The story that I want to tell - the story of the Kulagin family - took place in the Perm region, but could have happened anywhere in Russia, because it concentrated the most acute problems of children's human rights protection in Russia. Officials of the Perm Ministry of Social Development deny the introduction of juvenile technologies into the work of social and other services in the Perm region.

However, in order to adopt a spouse’s child, the stepfather must meet a number of conditions established by law:

he should not be limited in legal capacity due to mental illness;
he must not have been deprived of parental rights in the past or limited in them, or removed from guardianship or trusteeship of this or another child;
he cannot have had any adoptions canceled by the court in the past;
he does not suffer from one of the diseases the list of which is established by the Government of the Russian Federation (tuberculosis, severe stage oncology, group I disability, etc.);
he is not an alcoholic or drug addict;
the adoptive parent must have a permanent place of residence;
he must not have had previous convictions for a number of crimes listed in the law (in particular, rape, murder, terrorism, etc.).

To submit an application to the court for the adoption of his wife's child, the husband will need, first of all, to obtain the consent of the child's mother. If the spouse does not agree, there is no point in starting the procedure.

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Completing an adoption application is not difficult. Download sample applications. See guidelines for drafting and filing a lawsuit. Find out about the adoption process and the required documents. Ask your adoption lawyer questions.

If a child over 10 years of age lives with his adoptive parents and considers them his family, then the court will not require his consent.

Application processing time

Due to the fact that the court is obliged to study all documents thoroughly, there are no specific deadlines for consideration.

First, a first hearing is scheduled, during which the court examines in detail all the documents provided and decides on the need to attract witnesses.

Then a date is set for the main meeting, at which all participants in the process must be present.

These are: spouse, stepfather, child, prosecutor and guardianship representatives

As a result of the main meeting, a final decision is made on the possibility of adoption of the child by the stepfather.

What to do if the blood father does not consent to this?

In a situation where the baby’s blood father is not deprived of parental rights and there were no prerequisites for this, and also if he pays child support responsibly and on time and takes an active part in raising the child, then it is almost impossible to adopt a baby without his consent.

The father's opinion may not be taken into account in the following cases:

if the blood father does not take any part in the baby’s life;
if the biological father has not seen the child for more than 6 months without good reason;
is a malicious non-payer of alimony (or makes payments in court).

And if the defendant (blood father) is absent from the meeting, then this will be additional evidence of his unwillingness to raise and irresponsible attitude towards his child.

At the court hearing, it will be necessary to actively and convincingly prove that the defendant does not see the child. What steps to take and how to do it correctly? These issues can be discussed with the guardianship commission, and perhaps they will suggest what needs to be done for this.

If the court refuses to consider the claim without the blood (biological) father, then a claim should be filed to deprive him of parental rights. The basis for such a claim: refusal to support the child, refusal to raise the child, negative impact on the child’s health (psychological and physical).

Is a stepfather a father or not: clarifications and rights.

The stepfather's rights to the child remain purely nominal, although, often, he completely replaces the father of a stepfather by blood and raises him from birth.

However, if the stepfather has not officially adopted the child, he does not have the same rights as a biological father under the RF IC.

When can a stepfather adopt a “strange” child:

If the biological parent voluntarily renounced his rights or was deprived of them by court.
When the “biopad” does not take part in the upbringing, does not show up, and does not pay child support.
The natural father is officially declared dead, incapacitated or missing.

The rights of the stepfather regarding the loss of the main breadwinner will need to be proven in court.

The claim is initiated by the child’s representative, often the mother, but in her absence there may be a previously appointed guardian. The court almost always takes the child’s side if it is proven that his life will significantly improve after adoption by his stepfather.

If there is a biological father, the solution to the problem also goes through the courts.

But in this case, a number of difficulties arise; if the “biological father” opposes it, he only needs to write a corresponding statement and the court will refuse the claim, even if there is significant evidence that the stepfather occupies more place in the child’s life than the natural father.

Important! The court may side with the plaintiff (mother) if she provides evidence that the natural father does not take part in raising the child, does not pay child support, drinks, and is not interested in him.

Testimony from witnesses (neighbors, friends, teachers) will be a good help, from which it will become clear that the stepfather and stepson (stepdaughter) are always and everywhere together, but no one has seen their own father.

If the “biological father” is not against the adoption of a child by another man, he writes an official written consent and has the document certified by a notary. Next, the adoption procedure proceeds through the court in accordance with the procedure established by law.

The father's rights to the child.

Impossibility of adoption

In some situations, the mere desire of the man who registered the marriage with the mother is not enough for adoption.

The procedure is not available under the following circumstances:

Incapacitated status or partial incapacity of a man.
Having an outstanding criminal record.
Deprivation of paternal rights in relation to other children.
The presence of physical ailments that do not provide the opportunity to fully care for the child and his upbringing.
Mental illnesses.
Alcohol and drug addiction.
Living conditions and material support are unacceptable for the child to develop safely.
Identification of cases of sadism, tendency towards pedophilia, inadequacy in the actions of men.

If none of the above applies to a man who intends to adopt a child, he can begin preparing for the adoption process.

Is the child's consent required?

An important part of the procedure is agreeing on the design with the child himself. If he has not reached his 10th birthday, his opinion will not be heard in court. After 10 years, the child’s position will be taken into account and if there is disagreement, the man will not be able to become an adoptive parent.

Starting from the age of 14, the meeting procedure involves calling the child and hearing his opinion.

For this reason, it is so important to obtain the preliminary consent of the child, and if the spouse has several, obtain the consent of everyone who has reached the age of 10.

Cases of refusal of adoption

If the spouses have been living together for a long time, and the documents presented in court do not contradict the law, the court more often decides to satisfy the claim. However, during the review process, facts may be discovered that make adoption impossible or create obstacles to it. If the judge decides to refuse, the plaintiff's side files an appeal.

For an adult child, the adoption procedure is not provided, since the person acquires the status of a legally independent citizen.

The issue of accepting parental rights and responsibilities cannot be rushed. If a man subsequently decides to separate from the child’s mother and dissolve the marriage, this will in no way affect the continuation of parenthood. It will not be possible to simply cancel the adoption by motivating the decision to dissolve the marriage. It is worth starting the adoption procedure after making a carefully considered, informed decision.