This format of relations between a couple has become common, when official registration of marriage is not carried out. People live with one family for years, but are in no hurry to enter into marital relations. The reasons can be very different, and by and large they are completely unimportant. But when it comes to having a common child, inevitable questions and problems arise.

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Basic moments

Civil marriages in modern world It is customary to call such relationships between people when the family actually exists, but is not formally registered.

At the same time, all other signs inherent in most official families are evident:

• Cohabitation;
• joint farming;
• general (with rare exceptions);
• raising common children.

Everything happens by itself - you need to take your passport and a certificate from the maternity hospital to the registry office. It is not clear what to do if the marriage is civil.

The fact is that in the eyes of employees of the state civil registration agency, a couple who has a baby will be considered not spouses, but cohabitants.

Indeed, such a family is not officially registered and therefore cannot be recognized from the point of view of the law.

If before the birth of a child people could decide for themselves whether they needed to formalize their relationship, then the birth of a baby imposes additional responsibilities on them.

The case involves a minor who is facing constitutional rights. But in our country this is only possible through official means.

IN kindergarten, school, clinic will have to explain things to representatives of government agencies.

Therefore, many common-law spouses, in order to avoid problems, strive to record the child on the birth certificate in the usual way, that is, with the paternity column filled out and with information about the child included in the passport of not only the mother, but also her common-law spouse, that is, the father.

What it is

If the parents' marriage is officially registered, then there will be no questions regarding the registration of the newborn.

The usual procedure is that spouses become parents (officially, according to a birth certificate) immediately after applying to the registry office.

IN in this case The husband's surname is automatically assigned to the newborn and entered on the birth certificate.

Civil registry office employees will do the same if the child was born after the parents or father (within three hundred days after the breakup of the official marriage or the issuance of a death certificate).

If the parents live in civil marriage, then the child is officially born without a father. This means that a dash will be placed on the birth certificate, and the baby will be registered under the mother’s surname and given the status of a single mother.

To register a child born in a civil marriage in the father’s surname and issue a regular birth certificate in which both parents will be indicated, you should do one of the following:

If common-law spouses want to register a child in their name immediately after his birth, then two main methods are accepted:

The first option is certainly preferable. However, the father is not always next to his common-law spouse after the birth of the child.

It should be understood that the adoption of a child is a form of care provided for by law, which is provided for children left without parents.

If the child’s biological father is alive, is capable, and is included in the birth certificate, then there is no need to adopt the child - legally he is already the father, regardless of the form of relationship with the mother.

However, if there is a dash in the certificate, and the marriage was not officially registered at the time of the child’s birth, a statement of paternity was not received at the time of registration of the newborn, the situation is different.

Another option is the mother’s refusal to include her common-law spouse in the certificate. In this case, the issue can only be resolved through court.

Who can count

Two categories of men can count on officially adopting a child in a civil marriage:

The first option is the most common. Of course, most often you can do without adoption by simply appearing at the registry office and filing a statement of paternity at the same time as registering the baby.

However, if this is not possible, there is nothing left to do but go through the procedure of adopting your own child.

Where to contact

There are three options for officially resolving the issue of paternity in a civil marriage.

This is either the consent of the parents (common-law spouses) and a simultaneous application to the competent authority to register the newborn, or the mother’s disagreement with recognizing the common-law spouse as the father, or the absence of the father at the procedure for registering the newborn.

Depending on how exactly the issue is resolved, you can contact one of two bodies:

In the latter case, the plaintiff can be either the biological father (who is not included in the birth certificate and wants to establish paternity) or the child’s mother, who wants to prove paternity.

If the child’s mother has died or is declared missing, then the adoption of a minor can be carried out through an appeal to the department of guardianship and trusteeship. This option in a civil marriage is extremely rare, but acceptable.

How to adopt a child in a civil marriage

Thus, the question of whether it is possible to adopt a child in a civil marriage can be answered positively.

The only thing is that you need to distinguish the procedure for establishing paternity in the registry office from a similar procedure in court with the subsequent adoption of your own child.

The simplest and most understandable option is to submit a joint application to the registry office when registering a newborn, in which the parents ask to establish paternity.

This procedure is carried out quickly, since employees of the civil registration authority are often faced with relevant requests from common-law spouses.

The necessary conditions

The law establishes the adoption procedure only for other people's children. Therefore, if we are talking specifically about adoption, then this procedure is not typical for a successful civil marriage.

We are talking about establishing the fact of paternity through the recognition by parents of their civil responsibility in relation to the newborn.

There is a procedure for voluntary recognition of paternity, suitable for common-law spouses.

In order to register a child as a father legally through the registry office, the following conditions must be met:

If paternity is established forcibly, the procedure will be different. A dispute between parents is resolved through court in the following cases:

In this case, the origin of the child must be established by the court on the basis of the documents submitted.

What documents are required?

If there is a voluntary recognition of paternity upon a joint application to the civil registry office, the following documents are required:

It is important that parents do not have to wait until the birth of their newborn, but rather submit an application for recognition of paternity in advance.

In this case, after the birth of the child, one of the parents will only need to come to the registry office with a passport and a certificate from the maternity hospital.

Possible alternatives:

In both cases, civil registry office employees will accept the documents for consideration. If adoption is formalized, the list of documents will be different.

What you need to submit for judicial review:

It is important to understand that if the court refuses to recognize paternity due to insufficient information and makes a refusal decision, there will be no second chance for adoption. You'll have to go to a higher court.

How to register

When registering paternity in a civil marriage, you need to take advantage of the opportunities that a specific situation provides:

It is important to understand that if the parents do not appear at the registry office together and do not submit a joint application, then the institution’s employees will be able to enter the father’s name on the certificate, but they will not be able to assign the child’s last name.

In this case, the basis for entering information into the birth certificate will be two documents:

The certificate, of course, will contain the name of the woman giving birth. Therefore, upon subsequent application by the father, paternity will need to be recognized and the documents for the child must be changed.

When registering a child at the registry office, in addition to the documentary part, there is a material part. The child's father is obliged to pay the amount established on the date of application to the government agency.

If only the mother writes the application, she pays the fee.

After paying and submitting all the necessary papers, all that remains is to wait for the issuance of a certificate for the child, in which both parents will be indicated, even if there is no official marriage between them.

The deadline for producing the document is set in accordance with the regulations.

Video: civil marriage

Special nuances

If at the time of registration of the child the common-law spouse is not in the city, there is no need to despair. The mother of the newborn should contact the registry office and explain the situation.

Most likely, she will be offered the following course of action:

It is possible to submit documents for acknowledgment of paternity in advance if a man is drafted into the army, leaves for a long period of time, or is so ill that there is a serious risk of his death before the birth of the child.

The biological father of a child can establish paternity without going to court. To do this, he will have to contact the guardianship and trusteeship authorities.

If the guardianship staff considers the evidence presented convincing, and the mother is not there at the time of the appeal (death, deprivation parental rights, etc.), then you won’t have to adopt your own child.

The certificate will be reissued based on the resolution issued by the guardianship authority.

Genetic testing may be needed to prove that the applicant is the child's biological father. The man must go through it himself by contacting the appropriate institution.

You can adopt a minor child whose only or both parents:

• gave consent to adoption;
• died or was declared dead by a court;
• unknown;
• declared missing by the court;
• declared incompetent by the court;
• deprived of parental rights by the court;
• for reasons recognized by the court as disrespectful, does not live with the child for more than six months and evades his upbringing and maintenance (except for cases of adoption by foreign citizens or stateless persons).

Children who are brothers and sisters cannot be fostered different people, except in cases where they cannot be raised together.

2. Who can become an adoptive parent?

Both citizens of Russia and citizens of other countries (with the exception of US citizens) can adopt a child who is a Russian citizen. To do this you need to comply Adoptive parents can be adults of both sexes, with the exception of:

• persons recognized by the court as incompetent or partially capable;
• spouses, one of whom is recognized by the court as incompetent or partially capable;
• persons deprived of parental rights by court or limited by court in parental rights;
• persons removed from the duties of a guardian (trustee) for improper performance of the duties assigned to him by law;
• former adoptive parents, if the adoption was canceled by the court due to their fault;
• persons who, for health reasons, cannot adopt a child (respiratory tuberculosis in persons belonging to groups I and II dispensary observation, infectious diseases until the cessation of dispensary observation due to stable remission, malignant neoplasms of any localization of stages III and IV, as well as malignant neoplasms of any localization of stages I and II before radical treatment, mental disorders and behavioral disorders until the cessation of dispensary observation, drug addiction, substance abuse , alcoholism, diseases and injuries leading to group I disability);
• persons who, at the time of adoption, do not have income to support the adopted child living wage, set in subject Russian Federation, in the territory of which such persons reside;
• persons who do not have a permanent place of residence (except for persons belonging to indigenous small peoples of the Russian Federation, leading a nomadic and (or) semi-nomadic lifestyle and not having a place where they permanently or primarily live, in the event of their adoption of a child from among the indigenous peoples of the Russian Federation);
• persons who at the time of adoption have an outstanding conviction for especially serious crimes or a criminal record or are (have been) subject to criminal prosecution both in the present and in the past for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital , slander and insult), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, as well as against public safety;
• persons who have not been trained as adoptive parents (with the exception of close relatives of the child, as well as persons who are or were adoptive parents and in respect of whom adoption has not been canceled, and persons who are or were guardians (trustees) of children and who have not been removed from fulfillment of their duties);
• persons who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the legislation of the state in which such marriage is permitted, as well as persons who are citizens of the said state and are not married.

">requirements for adoptive parents. In this case, the court may neglect some requirements (the health status of the potential adoptive parent, his level of income and lack of preparation) if the person who wants to adopt a child lives with him due to already established family relationships.

If you want to adopt a child who has one parent, you must be married to that parent and he must agree to the adoption.

To adopt an orphan or a child left without parental care, it is not necessary to be married. If you are already married, your spouse does not have to adopt a child with you - consent to adoption is sufficient.

Two unmarried people cannot adopt the same child.

The priority right to adopt orphans and children left without parental care is Parents, grandparents, spouses, adult children, adult grandchildren, brothers and sisters.

">close relatives of the child.

4. How to get training at the school of foster parents?

According to the Family Code of Russia, those wishing to adopt a child left without parental care into their family must undergo special training at the School of Adoptive Parents.

If you are already a guardian (trustee) or adoptive parent, re-training at the School of Foster Parents is not required.

5. How to obtain permission to adopt?

The procedure for obtaining a conclusion on the possibility of becoming an adoptive parent cannot take more than 10 working days after submitting a full package of documents to the guardianship and trusteeship authority.

If you previously received a conclusion about the possibility of being a guardian or adoptive parent and it is still valid, you do not need to receive a new conclusion.

6. How to register as an adoptive parent?

If you permanently reside in Russia:

You can register as an adoptive parent either with the same guardianship and trusteeship authority in which you received an opinion on the possibility of becoming an adoptive parent, or with any other guardianship and trusteeship authority, as well as in a regional or federal data bank on children left without care parents.

When registering, you must present an identification document and a conclusion about the possibility of being an adoptive parent, and you must also fill out a citizen’s questionnaire and an application in the established form.

If you permanently reside in a foreign country:

On the territory of a foreign state you need to collect the following documents:

• the obligation to register the child you have adopted in the prescribed manner with the relevant consular office of the Russian Federation;
• the obligation to provide an opportunity to examine the living conditions and upbringing of the adopted child;
• conclusion of the competent authority on your living conditions and the possibility of being an adoptive parent. The conclusion is accompanied by photographic materials about the family, as well as a copy of the authority’s license;
• the obligation of the competent authority to monitor the conditions of your life and upbringing of the adopted child and to submit relevant reports, as well as a copy of the authority’s license;
• the obligation of the competent authority to control the registration of the adopted child at the consular office of the Russian Federation, as well as a copy of the authority’s license;
• if you are not married - a document from the competent authority confirming that the legislation of the state does not recognize a union concluded between persons of the same sex as marriage, as well as a copy of the authority’s license;
• certificate of completion of training for candidates for adoptive parents (training can be completed both in Russia and in your state. If the training takes place outside the Russian Federation, you also need to provide a document confirming the organization’s right to carry out training and a copy of the program. If the training program for adoptive parents is in foreign country is significantly different from the Russian one, the training certificate may be invalidated).

All documents must be legalized. After legalization, they must be translated into Russian, the translation must be notarized. You need to contact the orphans or children without parental care or the child’s place of residence with the documents.

7. How can I find a child if I don’t know who I want to adopt?

If you don't yet know what kind of child you want to adopt, you need to first familiarize yourself with the data bank on orphans.

You can view derivative information about children without parental care online. Now in the regions there are territorial data banks about orphans (in Moscow this is the usynovi-moskva.ru portal), in addition, there is a federal bank. On electronic resources you can see photographs of children, brief description their character, find out about their state of health, the reasons for the lack of parental care, and whether the children have brothers and sisters.

With a request to pick up a child, you can contact immediately.

To gain access to the children's full personal data, you will need to answer the questionnaire and provide an identification document and a conclusion about the possibility of being an adoptive parent.

When you choose a child, you will be given a referral to visit him.

The operator of the guardianship authority will provide you with data only about those children who meet the requirements you specified in the application form.

8. How does the meeting with the child go?

If you want to adopt an orphan or a child left without parental care, before adoption you are required to meet with him in the presence of a child protection specialist from the guardianship and trusteeship authority. In addition, you must be shown all of the child's documents.

The fact of familiarization with the child’s medical report is confirmed in writing. You also have the right to contact a medical institution to conduct an independent medical examination of the child being adopted. But during the medical examination, an employee of the organization in which the child is located must be present.

If you like the child, and you like the child, you need to inform the operator of the guardianship authority, who provides children's profiles to adoptive parents, that you are ready to adopt the child. After this, the child’s profile will not be shown to other candidates.

If you do not like the child or you do not like the child, the guardianship authority may grant you permission to visit another child.

9. How to go to court?

To adopt an orphan or a child left without parental care, you will need:

• statement of claim;
• identification document;
• birth certificate - if you are not married;
• marriage certificate - if you are married;
• consent of your spouse to adoption - if you are married. If you stopped family relationships and have not lived together for more than a year, you need to provide a document confirming this. If such a document cannot be obtained, evidence confirming these facts must be indicated in the statement of claim;
• medical report on health status (form No. 164\u);
• certificate from the employer about the position held and wages or a copy of the income statement or other income document;
• a document confirming the right to use residential premises or ownership of residential premises*;
• a document confirming registration as a candidate adoptive parent;
• a document confirming that you have completed training at a foster parent school (not required for close relatives of the child, stepfathers and stepmothers).

If you are a citizen of Russia or a stateless person and permanently reside abroad, or you are a foreign citizen, you will additionally need:

• conclusion of the competent authority of a foreign state on living conditions and the possibility of becoming adoptive parents;
• permission from the competent authority of a foreign state for the entry of an adopted child into this state and his permanent residence in the territory of this state.

The court has the right to request other documents.

Documents of foreign citizens must be legalized and translated into Russian. The translation must be certified by a notary.

All documents are submitted in two copies. If a child is adopted by both spouses, each of them submits a package of documents.

The statement of claim must be submitted to the Supreme Court of the republic, regional, regional court, city court federal significance, the court of the autonomous region and the court of the autonomous district at the location of the child. In Moscow this is the Moscow City Court.

The judge is required to consider your application within 2 months from the date of its submission. The application is considered behind closed doors. The adoptive parent, a representative of the guardianship and trusteeship authority, the prosecutor, and the child himself, if he is over 14 years old, must be present at the court hearing. Other interested parties, such as the child's parent, may also be present.

A document is not required if you belong to the indigenous peoples of the Russian Federation and you want to adopt a child who belongs to the indigenous peoples of the Russian Federation.

If an orphan or a child left without parental care permanently resides outside of Russia, you need to register him with the consulate.

To do this you will need documents:

• application for registration of an adopted child with 2 photographs of the child attached;
• adoption certificate;
• identification documents of the adoptive parents and the child.

You can submit documents in your country personally to the consular office, or you can do it on the territory of Russia - through the Consular Department of the Ministry of Foreign Affairs of the Russian Federation.

third control examination - after 23 months from the date of entry into force of the court decision, but no later than the end of the 25th month from the date of entry into force of the court decision;

the fourth control examination - after 35 months from the date of entry into force of the court decision, but no later than the end of the 37th month from the date of entry into force of the court decision.

The need for a follow-up examination after 3 years is determined by the guardianship and trusteeship authority individually in accordance with the specific situation in the family of the adoptive parent(s). The control examination is carried out while maintaining the secrecy of adoption.

Children who are left without parents need care and love. Adoption is a priority form of placement for such children.

The process involves the emergence of family ties between the child and new family. It is permissible to adopt a child only in court after obtaining the consent of the guardianship authority.

Adoption issues are the most important and painful. Adoptive parents must take on all the hardships of raising a child, but they do not always realize this.

Not many people decide to take such an important step, despite countless and unsuccessful attempts to have their own children. And hundreds of thousands of children continue to stay in orphanages, orphanages, and boarding schools, waiting for their new parents.

But some couples still decide to take a responsible step. Let's look at what it takes to adopt a child in 2019.

Adoption is the acceptance of a child into your family as a blood child, with all the corresponding rights and responsibilities. This is the priority form of the device.

The procedure and basic provisions of adoption are regulated by the Family Code of the Russian Federation, Chapter 19.

Up to what age can you adopt a child in Russia? Until the child reaches 18 years of age (Article 124 of the RF IC).

Children can be adopted only in their interests; the possibility of ensuring their full physical, mental, spiritual, and moral development is taken into account.

Children can be adopted by citizens of the Russian Federation who live abroad, by foreign citizens who are not relatives of the children, one year after information about such children left without parents is received in the relevant federal data bank,

Let's consider the requirements for those who can adopt a child in Russia.

Many are childless married couples who dream of having children often ask the question: “What should I do if I want to adopt a child?” Individuals must meet certain requirements established by family law.

Persons of both sexes who have reached the age of majority can adopt children. They cannot adopt a child (Article 127 of the RF IC):

The health status of potential adoptive parents is clarified during an examination carried out in a medical institution.

Citizens who are not married to each other are not allowed to jointly adopt the same child.

If several people want to adopt the same child, preference is given to the child’s relatives if they meet all the basic requirements and interests of the child.

The issue of age difference is important. The difference between the unmarried adoptive parent and the adopted child must be at least 16 years.

If the reason is valid, the court allows the reduction of such a difference. If a stepfather or stepmother wishes to adopt a child, no difference is required.

Let's find out what is needed to adopt children and where to start.

Adoption takes place in judicial procedure . An application is submitted from citizens who wish to become parents of a child (the procedure is regulated by Article 125 of the RF IC).

Relevant cases are considered with the participation of adoptive parents, guardianship and trusteeship authorities (CCA), and the prosecutor.

Future parents must receive a conclusion from the OOP that the adoption is justified and in the interests of the child, and the fact of personal communication between the adoptive parents and the adoptee is also indicated.

The rights and obligations of newly made parents arise from the moment the court decision on adoption comes into force.

The court, within 2 days, sends the corresponding extract from the court decision to the civil registry office at the place where the decision was made.

How to find a child whom citizens would like to adopt?

Persons wishing to become parents draw up and submit to the guardianship authority an application for an opinion on the possibility of adopting a child from orphanage.

The following documents are attached:

A special commission visits the living space of candidates to establish a decent level of living conditions. The PLO draws up an act based on the results of checking the living conditions of citizens who wish to adopt a child.

A conclusion on the possibility of adoption is issued within 15 working days from the date of filing an application for adoption of a child. It is this conclusion that is the basis for registering candidates for adoption.

If the conclusion is negative, the refusal is provided to the applicants within five days from the date of its signing. They also return all documents and explain the algorithm for appealing the decision.

After registration, PLO employees provide information about existing children and issue directions to visit children at their location.

If potential parents have not chosen a child, they can contact another guardianship and trusteeship authority or another body entrusted with the work of placing children in foster care.

The referral is issued to visit one child, the document is valid for 10 days. The period is extended if there are grounds that prevent the citizen from visiting the child within the prescribed period (illness, business trip).

Citizens must inform the operator in writing state bank information about children about the results of the visit, the decision made.

Candidates for adoptive parents have every right to:

• obtain detailed information about the child, whether he has parents or relatives;
• contact a medical institution to conduct an independent medical examination of the child being adopted with the participation of a representative of the organization in which the child lives.

Candidates must personally:

• get to know the child;
• look at the adopted person’s documents;
• confirm in writing the fact of familiarization with the medical report on the child’s health condition.

If the relevant data banks do not contain information about a child that a citizen would like to adopt, you can submit an application to continue the search for the child.

The operator must notify potential adoptive parents at least once a month about the receipt of new forms for children, which contain information that corresponds to the wishes of the citizen.

If a person twice received notification of the results of a search for a child who was left without parents, but did not come to get acquainted with the new profiles of the children, the search for of this person may be suspended and resumed based on a written application.

The adoption process is carried out by the court. The basis for resolving the issue is the application of the candidate for adoptive parents, in which he asks to establish the possibility of adoption. Submits it to the court at the location of the child.

The statement states:

All papers must be provided in two copies.

The adoption case is considered in a closed court session. Potential parents, representatives of the public educational organization, a prosecutor, a child who has reached 14 years of age, the biological parents of the child, and other interested parties (if necessary) participate.

When a request to adopt a child is granted, the court recognizes the child as adopted by specific citizens. The rights and obligations of new parents are established from the moment the court decision comes into force.

The court sends a copy of the decision to the civil registry office at the place where the decision was made within those days.

The court at the location of the maternity hospital will require an application and certificates. Adoptive parents do not pay state fees. An official document from the guardianship and trusteeship authorities confirming their consent and approval is required.

The duration of the trial is usually two months. But if citizens want to adopt a baby from a maternity hospital, a court decision is made faster. You need to write an application for an immediate decision, otherwise you will have to wait 10 days.

By court decision, the baby is allowed to be taken away immediately. The maternity hospital gives out postpartum sick leave from the date of entry into force of the decision until the infant is 70 days old.

Parents apply to the civil registry office to obtain a birth certificate.

Parents have the right to keep the adoption secret so that the child truly considers himself his own. The secret is protected by law (Article 139 of the RF IC).

The circle of people who are aware of the lengthy legal procedure cannot be narrow: these are employees of the PLO, the orphanage, and the court.

You must indicate in the statement of claim a request to change your full name, date and place of birth. The difference between the current date of birth should not exceed three months.

Such a secret is justified; it makes sense if the child is taken from the maternity hospital or baby home when the baby is still very small.

If the judges who made the adoption decision officials registry office, other knowledgeable persons will reveal the secret of adoption against the will of the adoptive parents, they will be held accountable.

Let's consider the most frequently asked questions:

It is worth distinguishing between adoption and foster care.

Adoption - a child is accepted into the family as a blood child, he is a full-fledged member of the family. Inheritance rights are preserved, the child is assigned a full name, and the date of birth is changed.

But the process takes longer to complete; the state provides practically no assistance to adoptive parents (with the exception of postpartum leave and payments for the birth of a baby).

Requirements for candidates are very strict. Not every child who has been deprived of parental care can be adopted.

A foster family is a form of raising children in a family at home with a foster parent. Typically, such families include children who cannot be adopted or placed under guardianship because the child does not have the necessary legal status, or guardians and adoptive parents cannot be found.

The duration of the placement is determined by the contract. The foster parent receives a salary and is credited seniority. The level of responsibility for the fate of the baby is high, but not complete. Adoptive parents there are guardians here. Candidates have less stringent requirements.

For the child the person receives monthly allowance, benefits, he is provided with assistance in organizing the child’s education, recreation, and treatment. When a child reaches adulthood, he is given housing (if he does not have his own).

But the PLO constantly monitors such a family, and it is more difficult to formalize an agreement on the transfer of a child to the family. The child can see biological parents and relatives.

Video: Adoption of a child

I want... This desire comes to those who do not have their own children, who will never be able to continue their family line. Where to go, where to turn? Where it should be. But, alas, where they should help, they are met unfriendly, creating a sea of ​​obstacles. It feels like social workers They only do everything to harm future parents. Should the state be so scrupulous in checking parents?

Why do people want to adopt a child?

Of course, I want to believe that only out of good intentions, and not out of a desire to satisfy my ego. This mainly happens when people:

• they want children, but they don’t exist, but they bring harmony and happiness to the family;
• we felt sorry for the child who was abandoned by his parents or who lost them for some reason.

All this is good. But this is not always enough for this the most important step. It’s good for you, because you have satisfied your aspirations. Will the child be okay? After all, you can send it back...

Adoption of children - what's in reality

What's happening? The parents took in a destitute child in an orphanage, collecting documents in a month and a half. That's all. They are left alone with him. And no one taught them how to live with adopted children. And when the child suddenly throws a tantrum, mom and dad are shocked. They say they were given an abnormal baby. When they get it back, they feel relieved. And the unfortunate child?

Meanwhile, the baby, having found himself in new conditions, may well react exactly this way - with hysterics, etc. It’s just that no one told the newly-minted mother and father about such a reaction... I wonder if they would have taken the child if they had known that refusal new family could it cause even greater trauma than if he had remained in the orphanage?

And what happens to those who, having made a decision, do not return it? Happy? I would like to believe that yes. After all, when they took this step, they did not intend to act so cruelly. They knew that a child is not a toy, it cannot be taken to the store and replaced with another...

How to “choose” a child

Fortunately, there are many people who can sympathize and love. Their desire is very natural. However, many already in the orphanage are confused. How to “choose” a child? What should you consider?

Of course, everyone wants a healthy baby, especially if it's an infant. But when the child is older? Alas, everything happens ugly. This one is beautiful, this one is not. This one is smart, and that one is stupid. In a word, like it or not, that’s how the choice happens. In principle, somewhere you can understand your parents. After all, they want the child to be cute, to study well, etc. And they even make plans for him. Like, he will be this way, he will live this way.

But, experts say, you can’t judge by appearance. And in general, even a small child may have his own desires, conditions, and needs. And he sees the world differently from adults. And many other things are completely wrong with him. In a word, everything worked out more or less for the child who adapted to the new conditions. Therefore, he may not even obey immediately. Some even start stealing, others become offended, and others generally become uncontrollable.

Therefore, when taking a child from an orphanage, you need to know WHY, for what purpose are you taking him - or to raise him as a person, or just to play? Maybe you decided to take it upon yourself after watching a program or public service announcement on TV, or followed the example of your friends, or you have been dreaming about it for a long time.

The main thing is, don’t rush, think about the moment before rushing to the orphanage and looking for a child that you like. After all, this is the most important moment in your and his life.

So, ask yourself again and again - why are you doing this? The child is not to blame for anything, and children should not be a tool for solving someone else's problems. You are alone? Have you lost your own child? Want to fill that void? Don't make hasty decisions!

Help for parents: where to expect it

Here those responsible for the children should organize something like an educational program for parents who want to adopt a child. And explain what moments may arise, how to avoid something. For example, that one should not act on emotions and pity. Do everything so that both parties - both the child and the parents - feel comfortable in all respects. True, we don’t do this. Why? This is a separate question, and I would like to hear the answer to it...

This is especially true when a disabled child is taken into a family that already has such children. By the way, in Europe and in the States, disabled children are adopted even from our country. But in our country, as life shows, they are often adopted only in order to improve their financial situation. And everyone knows about it. It's hard to believe that anyone who takes on such a load and responsibility will be able to cope.

Of course, on true love not everyone is capable. But you have to adopt children. And not only for foreigners. And by taking a child into the family, make his life happy, not unbearable. Officials could teach this too.

Currently, many marriages end in divorce, and children remain under the care of one of the parents - most often with the mother, who may later remarry.

The new spouse can become the child's official guardian or adopt him, receiving full paternity rights.

Many men recognize their wife’s children as their own, take care of them, teach them, help financially, fulfilling all parental responsibilities.

Therefore, many stepfathers are interested in how to officially adopt their wife’s child from their first marriage.

The adoption process cannot be called simple, but the result is worth it, since the family becomes a full-fledged unit of society, and the child does not feel abandoned by his biological father.

The adoption procedure in the Russian Federation is regulated by Chapter 19 Family Code and are regulated by Government Resolution No. 275, which spells out all the conditions and nuances - what adoption is, what documents need to be collected and other subtleties of the process.

If the child was born in a first marriage or out of wedlock, but paternity was recognized by the biological father, then you will have to go through the process of adopting the child of your wife from her first marriage while the father is alive.

It is possible to adopt a spouse's child while the father is alive only with his official consent, unless he voluntarily renounced his rights or was forcibly deprived of them through the court.

It is quite difficult to adopt a child if his blood father does not agree with the adoption by a stranger and is not deprived of parental rights.

If the biological parent consistently pays child support, communicates with the child, and takes a direct part in his upbringing, then it will be almost impossible to become the official father of the child.

If the father does not communicate with the child for more than six months and pays child support by court decision, and not voluntarily, then your chances increase.

The court will be able to make sure that the adoption will be favorable for the child and, possibly, make a positive decision.

You can become a father for your spouse’s child if the child has not reached the age of 18, and also if the biological father:

• abandoned the child;
• deprived of parental rights;
• does not raise a child;
• died.

In this case, the adoption procedure will be standard. First, the adoptive parent will need the permission of the official father, who must fill out a special application form and have it notarized.

But there are situations when the adoption of a child does not suit the father.

Then there will be a trial to clarify the arguments of the biological father and forcibly deprive him of parental rights.

His motives could be:

1. Personal. He doesn't want a stranger to become the father of his child.
2. Benefit. It is beneficial for a man to have the status of a father, although he does not live with the child and does not raise him.

The applicant's evidence and the defendant's motives are considered in court. Proceedings can only be decided by those authorized to deny your adoption or grant your request.

After the deprivation of the parental rights of the natural father, the court will make a positive decision on your adoption of his child no earlier than six months later.

If you are determined to become a father to your wife's child, then you should carefully think and prepare.

If you divorce your wife, you have the same parental rights as if you were the biological father.

In addition to legal issues, you may face a serious moral problem. Since you have assumed responsibility for this child, he may suffer mental trauma, because he is again abandoned by the parent whom he accepted as his own father.

Also, by law, the child you adopt has equal property rights as your own children. The descendants of this child have equal legal rights with the generation of their own children.

An adopted child loses similar rights in relation to his biological father.

If you want to become a father to your wife’s child, then he needs to have the right to choose whether to recognize you as the father or not. His word will be decisive for the court if he is over 10 years old.

You should also know that you are obligated to adopt all of your wife's children under 18 years of age.

The law always stands on the side of protecting the rights of the child. Even the most caring stepfather can be rejected if he does not meet the requirements of an adoptive parent:

If these restrictions have nothing to do with you, then you can start collecting the necessary documentation.

Unfortunately, often a mother raises her children on her own, without financial help from the father if he is missing or dead. In this case, the new spouse can adopt the child without his consent.

If a child was born to a single mother and there is no information about the biological father in the documents, you can use formal recognition of paternity. You can avoid the troublesome procedure by collecting documents and going to court.

You will only need your ID and your spouse's passport, her child's birth certificate and your marriage certificate.

At the nearest registry office, you submit an application to establish paternity, where you indicate that you are the father of the child, and you got married after his birth.

The registry office will change the entry based on the act of establishing paternity and indicate your last and middle name. A joint application can be submitted at any time before the child reaches adulthood.

By deciding to remain silent about the fact that you are not the biological father, you will make this procedure much easier for yourself. However, the blood father can challenge your paternity in court by providing evidence in the form of a genetic examination.

The stepfather has the right to adoption only if he has officially registered the marriage with the child’s mother. If a couple cohabits in a civil marriage, then such a right is not given to him.

Of course, there are also single fathers. If his new wife wishes to adopt her husband's child, the procedure and conditions will be the same.

To officially adopt a spouse’s children, you will need the following documents:

It is better to make 3 copies of each document in advance, since they need to be submitted to the board of trustees, the court, and keep one copy for yourself.

This standard package of documents satisfies all legal requirements; all documentation is collected quite quickly and without problems.

The situation is worse if the future father is a foreign citizen, lives permanently abroad or has no citizenship at all.

In this case, additional certificates will be required confirming legal status, availability of property and income.

In the application, you must ask the court to appoint you as the official adoptive parent of your wife’s children and recognize the change in their last name.

The claim must indicate that you are not against the adoption of your wife’s child, can also support him financially, and your health condition allows you to fulfill paternal responsibilities.

In the resolution, indicate whether you want to change your surname and patronymic or you can leave them the same.

The application must also indicate where the biological father baby. If he has not lost his rights as a parent and has not given his consent to your adoption, list the reasons why it can be determined that he is not fulfilling his responsibilities as a father.

In the statement of claim, it is advisable to indicate the reasons for the adoption of the spouse’s child:

• if the mother of children from a previous marriage married you;
• if a child who is to be adopted lives with you;
• you have established a trusting relationship and the child agrees with the adoption;
• the spouse and biological father of the child are also not against it.

Terms of consideration statement of claim are not established by law, since the court must carefully study this issue. At the preliminary hearing, the judge examines all documents and certificates, assessing the need to consider the case with witnesses.

Adopting a spouse's children is much simpler than guardianship of children from an orphanage, but this procedure will still be quite lengthy.

To do this you need:

You must remember that this procedure is not only legal. You must first become a full-fledged family, establishing a trusting relationship with your child, experiencing all his sorrows and failures with him.

Therefore, a child over 10 years old can consciously answer whether he needs a father like you or not.

You will also need to undergo a full medical examination, after which you need to obtain a certificate in a form strictly established by law.

First, a referral is issued, and according to it you undergo a series of examinations. This standard procedure, and you shouldn’t be afraid of her.

The guardianship authorities deal with adoption issues, but only the court can legitimize the rights of a stepfather. The decision of the board of trustees is not final; the board of trustees only approves your paternity or rejects the petition.

All claims are stated in writing in the decision. It can be challenged in court if there are no absolute prohibitions.

The head of the guardianship department at the child’s place of residence will review these documents and certificates and visit the place of residence to examine family relations and living conditions where the child lives.

After this, he will give you a conclusion about the possibility of being an adoptive parent. You attach this certificate and other documents to the application and send it to the court.

The court hearing is held behind closed doors, where you, your wife, the biological father of the child, if he is not deprived of parental rights, the prosecutor, and an employee of the board of trustees must be present.

As an exception, a minor is not invited to court only if the stepfather lives together for a long time with a child who is sure that he is his father.

The court considers the testimony and the decision of the board of trustees. You must be prepared for the fact that witnesses or relatives of your wife may testify against you for personal reasons.

Of course, you can refute unfounded accusations, but during the proceedings, the court's decision may lean against you.

Therefore it will be for you the best option keep your future adoption a secret and hire a good lawyer.

If the response is satisfactory, the court decision will enter into force in 10 days. The court will send an extract from the case to the registry office within 3 days so that the parents can legally receive new passports and the child a birth certificate.

Usually, the court favorably considers such cases where the husband of the child’s mother is the adoptive parent, rather than strangers adopting him.

No matter what you have to go through - a simple recognition of paternity or a complex tedious adoption, it will be worth it. When all the litigation is over, you will no longer live just with your wife’s child, but with your own son or daughter.

You will have rights and responsibilities towards them, they will have your last name, and you will fulfill the obligations of fatherhood, having full voting rights.

Video: Adopting a child of another spouse (wife or husband)