Adoption means a special legal procedure that legitimizes the placement of children left without parental care. In accordance with the provisions of Article 124 of the Family Code of the Russian Federation, adoption can only take place in relation to a minor child, based on his interests.
A minor can be adopted by either a Russian citizen or a foreigner or stateless person who is not his relative. Adoption is possible only after a period of 1 year has passed from the moment the state data bank received information about children who were left without parental care.
Do I need to pay child support if the child is adopted?
In accordance with the norms of family law, a legally adopted minor child is equal in his rights and obligations in relation to his adoptive parents. That is, he becomes like his own child, and his biological parents lose all their rights and responsibilities in relation to their child. It is for this reason that many parents have a question: if a child is adopted, is it necessary to pay child support?
According to the requirements of the Family Code, the adoptive parents of a minor fulfill the same duties to all their adopted children as biological parents do to their legitimate child.
Expert opinion
Marina Bespalaya
In 2011 she graduated from the University of Internal Affairs with a degree in jurisprudence. In 2013, master's degree course, specialty "law". In 2010-2011, a course at Portland State University (USA) at the Faculty of Criminal Law and Criminology. Since 2011 - practicing lawyer.
As practice shows, if the parents wish to divorce and end their cohabitation, the issue of canceling the adoption may additionally be considered. Adoption is provided in order to guarantee every child the right to a full-fledged family. Divorce is a violation of the interests of the adopted child, therefore the guardianship and trusteeship service may initiate a judicial procedure to cancel the adoption.
Who should pay child support if the child is adopted?
There are three ways in which the adoption of a minor child (newborn and teenager) can be formalized:
- A married couple adopts a minor child from a shelter or orphanage. Such adoption is possible only after completion of appropriate education and training. In this case, the status of parents is assigned through the court.
- When the father or mother of a minor enters into a new legal marriage, the new spouse has the right to become an adoptive parent for the child, but only on the condition that the natural parent was previously deprived of his rights.
- If one of the parents of a minor or minor teenager remains a widower and enters into a new marriage. In this case, his new spouse has the right to adopt the child.
Once the adoption is finalized, the couple may end their marriage or lose their parental rights. But under any circumstances, they will have to pay alimony for their child after the divorce and until he reaches adulthood.
In accordance with the norms of family law, in the event of a breakup of the adoptive family, neither parent has the right to refuse to pay alimony for the maintenance of a minor child, since after the official procedure for adopting a child, the parents have equal responsibilities for the maintenance of their adopted child or teenager.
Rights of an adopted child after divorce
An adopted child has the same rights and responsibilities towards his adoptive parents as his own child. But such rights and responsibilities are lost in relation to the biological father and mother. Thus, the adoptive parents face the same alimony obligations as a married couple has for their own offspring.
This means that even after a divorce, parents must provide financial support to the adopted child until he reaches 18 years of age.
Regardless of the circumstances under which the adoption occurred, alimony obligations are assigned to the married couple. Official recognition of a step-child as one’s own usually occurs in the following situations:
- a married couple takes a child from an orphanage or shelter, that is, both mother and father are step-children;
- the little man is adopted by the new spouse of the mother (or father) after the divorce while the natural parent is simultaneously deprived of parental rights;
- after the death of the father (mother), the widowed parent enters into a second marriage, and the child is adopted by the new spouse of the mother/father.
When both parents are step-parents, they bear the same responsibility to the baby as if they were blood. If a child is adopted in a new marriage by an adoptive parent, the biological parent loses all rights to the offspring, and they pass to the person who adopted the child. This provision is spelled out in Part 2 of Article 137 of the Family Code of Russia.
Amount of child support upon adoption
The above categories of citizens must fulfill their child support obligations in relation to a minor child based on the requirements of the Family Code of the Russian Federation.
There are no differences, other than those listed above, in the procedure for paying child support payments for adopted children. In accordance with the norms of family law, the collection of these funds can be carried out under an alimony agreement, a writ of execution or a court order.
The amount of alimony is also established in the Family Code of the Russian Federation:
- A quarter of income for one child.
- One third of the salary for two children.
- Half of a parent's salary for three or more minor children.
According to family law, unemployed parents must also make child support payments for the maintenance of their minor children, since the lack of a regular income is not a basis for non-payment of funds for the child.
Alimony in a fixed amount
Parents may also decide on the need to establish a fixed amount of child support. As a rule, such alimony payments are established in a voluntary agreement between legal representatives or in court proceedings initiated by the applicant if there are grounds.
The following can be identified as grounds for establishing alimony in a fixed amount:
- Temporary income of the alimony payer.
- Evasion of a parent from paying money for the maintenance of his minor child.
Indexation of child support payments in the case of adopted children is carried out according to the general rule (defined in the Family Code of the Russian Federation) or in a voluntary agreement drawn up by the parents and certified by a notary office.
You need to understand that it will not be possible to cancel the fact of adoption of a minor child or teenager in order to get rid of the obligation to pay alimony. As practice shows, a judge rarely makes a decision to cancel the establishment of paternity or maternity if a minor was adopted voluntarily.
However, even if a person manages to cancel or otherwise lose his status as an adoptive parent, he can only relieve himself of the obligation to pay alimony for the maintenance of a minor after these children are adopted by a new spouse.
How to properly arrange alimony, and what documents are needed for this?
Alimony for the maintenance of mother and child up to three years of age is issued:
- notary;
- on a claim for payment of alimony;
- by court order to pay alimony.
The main condition for an alimony agreement between spouses is the presence of notarization. If this condition is not met, there is a possibility that the agreement will be invalidated.
You must have the following documents to apply for child and wife support:
- Passport of the person filing the claim.
- Marriage certificate (if it has not yet been dissolved).
- Certificate of divorce (if it has already been dissolved).
- Birth certificate of the child or a certificate issued by the antenatal clinic indicating the gestational age.
- Certificate of residence of the defendant.
- Information about the lack of income or low income of the child’s mother (certificate from work about being on maternity leave or a certificate about the amount of benefits from the social security authorities).
These documents, as well as their copies, must be presented to a notary (with the voluntary agreement of the mother and father) and a magistrate in order to obtain a court order or attached to a claim for payment of alimony.
The procedure for collecting alimony for an adopted child
In accordance with the norms of Russian family law, the procedure for collecting alimony payments for their adopted children does not differ from the general procedure. If the transfer of funds for the maintenance of a minor child or teenager is established on the basis of an agreement on the payment of alimony, then the procedure and amount of such payments must be stipulated by this agreement.
And in order to recover these funds through the court, the interested party (collector) must take the following actions:
- File a claim with the court. A biological parent or one of the adoptive parents can file a claim in court.
- Based on the results of consideration of the received documents, the judge makes a decision to collect alimony for the maintenance of a minor or teenager.
- Next, the judge issues a writ of execution.
- The claimant must submit the writ of execution or court order to the bailiff.
- Payment of alimony for the maintenance of a minor.
In what cases is child support awarded to the mother?
The Family Code of the Russian Federation states that a married couple has an obligation to financially help each other. If one of them can provide this assistance to the second spouse, but refuses to do so, he may demand that he pay alimony through the court.
To assign alimony to the wife, the following conditions must be met:
- the spouse who needs alimony must be declared disabled;
- pregnancy period;
- the spouse who is raising the child under the age of 3 would be recognized as needy;
- the spouse has custody of a common disabled child of the first group (for life), as well as a minor disabled person of the second or third group until he comes of age.
If one of these conditions is met, one of the spouses caring for the child has the right to demand alimony. Almost always this is a mother on maternity leave. Moreover, such a spouse must be in need, that is, the need to care for the baby does not allow him to work and earn money to support the child and himself.
Everyone knows that with the benefits that mothers receive while on maternity leave, it is very difficult for them to raise a child. And even together with alimony, such funds are not always enough so that the child does not need anything.
To resolve the issue of the amount and payment of alimony for the wife, you will need to enter into an agreement voluntarily between the parties, or file a claim with the judicial authorities. But in this case, the court will need to provide evidence that the spouse who is caring for a child under 3 years of age really needs additional support. The court must also examine the financial situation of the second spouse against whom the claim is filed.
In accordance with Art. 90 of the RF IC, a mother whose child has not reached the age of 3 years has the right to alimony. But this can be done if the wife is in a difficult financial situation. This responsibility does not automatically arise for the father of the child. The wife collects alimony after filing such a demand with the provision of documents confirming her right to alimony.
Watch the video about the form of alimony for the maintenance of a wife:
Is it possible to terminate the obligation to pay alimony?
Only a district court can achieve termination of a parent’s obligations to pay child support payments for an adopted child. In the event that the legal representative of a minor wishes to terminate his obligations to support the children, he must evaluate all his chances and the details of the case.
In accordance with the requirements of Article 120 of the Family Code of the Russian Federation, when a child is adopted, the biological parent’s responsibilities for the maintenance and upbringing of their children disappear. However, if a judicial act was previously issued against the biological father or mother or a voluntary agreement on the payment of alimony was signed, then simply after adoption these documents will not cease to be valid. They can only be canceled through the courts.
This case can only be won in court if the parent can prove the following circumstances:
- The new parent of a minor child or teenager fully supports him and provides him with everything necessary for living and raising him.
- If the requirement to collect child support payments from a person deprived of his parental rights in relation to a child is in the nature of an abuse of rights.
- If there are suspicions that the funds transferred for the maintenance of a minor will not be spent on meeting the needs of the child or teenager.
Result of the claim
When making his decision, the judge is guided by the interests of the children, and this is the correct position. If, after studying all the presented evidence of the circumstances of the case, the judicial authority determines that the child needs financial support from all his parents, he can retain his child support obligations for the biological parent.
If, based on the results of consideration of all the submitted documents, the judge decides that the adoptive parent can be relieved of his obligation to pay alimony, then the court decision becomes the basis for the possibility of terminating the initiation of enforcement proceedings against the parent. Termination of proceedings is necessary only if bailiffs are involved in the case to ensure the collection of funds for child support.
Please note that Russian legislation is constantly changing and the information we write may become outdated. In order to resolve a question you have regarding Family Law, you can contact the site’s lawyers for a free consultation.
Responsibilities for providing blood and adoptive parents
If, after a divorce, the child's mother/father remarries and the biological parent's spouse decides to adopt, the other biological parent must officially relinquish the child. After deprivation of parental rights, the offspring is also released from material and non-material support.
If a child is adopted, then he no longer has the right to receive child support payments from his biological parent, because now he has a new legal father (or mother) who must support him and pay him in the event of a divorce.
The same thing happens when a child is accepted into a family from an orphanage. Before adoption, child support payments must be made by birth parents. But after the baby finds adoptive parents, this obligation is removed from the biological father and mother.
Important! When a parent officially abandons a child, he loses all responsibilities and rights to him. But there is no indication in the legislation of complete exemption from parental obligations.
A father or mother who is voluntarily deprived of parental rights can help their child if they wish. Although in practice this does not happen often.
It is also necessary to know that after adoption, the child retains the right to receive the pension and benefits that he was entitled to before finding a new family. You can find out what benefits are available to foster parents here.
