adoption - a process, after which the adopted child acquires the same legal rights and obligations are with the mother.The right to adoption are established on the basis of a judicial decision, it is perpetual and royalty-free, it means a wide range of rights and obligations for both parties.
Requirements for adoptive parents
State tries to respect the interests of the adopted child, so there is a whole system of constraints and rules.To become a foster parent of a desire is not enough, you must:
- not have the restrictions of civil rights (they are installed only in the courts, so if you are of them do not know, most likely they are not),
- celebrate its 18th anniversary,
- have hands on help from the state or local government agency about you without alcoholism, drug addiction, substance abuse, tuberculosis;oncology, infectious (before withdrawing from the dispensary), mental illness and diseases, leading to disability categories I and II);
- be good or at least neutral relationship with the guardianship authorities (no crime in this area);
- not have a criminal record.
Special attention is paid to material conditions.Your income must be such that for each family member accounted for the amount not less than the subsistence minimum.You must have a permanent place of residence - a dwelling that meets the sanitary and technical requirements established by the legislation.But if your financial situation is imperfect, do not worry: in our legislation provides exceptions - for example, for people living in rural areas.
prospective adoptive parents
process itself consists of two phases.The first - the pre-trial (the selection of the adopter and the adopted child).You need to apply to the guardianship.To him the following documents:
- brief autobiography;
- certificate of employment;
- copy of the financial account and proof of ownership of the premises;
- help law-enforcement bodies about the absence of a conviction for an intentional crime against the life or health of citizens;
- medical report;
- copy of marriage certificate
They are valid for one year from the date of issue, except for a medical report on the health of its shelf-life of 3 months.
Based on this, as well as the act of a survey the living conditions of people wanting to adopt the child, the guardianship authority within 15 working days from the date of application is preparing an opinion on the possibility of being an adoptive parent (ie, sets the status of the candidate for adoptive parents).In case of failure you should notify within five days, to return all documents and explain how to appeal the decision.The conclusion is valid for one year from the date of issue.
prospective adoptive parents
Passing the test and becoming a candidate, you get as the main prize access to the database of children without parental care.There can and should review the information about the child and his relatives, get medical commission conclusion about his health.Then you can get acquainted with the chosen child.
When you finally convinced that find what you were looking for someone, you need to apply to the district court at the location of the adopted child.The case is made out of turn, in a specific order and format of the closed hearing.All present advance warning of the need to preserve the secrecy adoption and the possible criminal liability for its disclosure.A present can be a lot!Among the mandatory - the judge, the prosecutor, candidates, representatives of the guardianship authorities, child (if he has reached the age of 14).The court may get to take part in the biological parents and other stakeholders.During the meeting considered the consent to adoption, these child (10 years old), adoptive parents, birth parents and guardianship, as well as head of the organization, which is a child to adoption (in cases stipulated by law).
If all documents are in order, the consent of all participants received, the court shall issue a positive decision, you can receive congratulations on the advent of the child in the family.Now you are the Regular parent.
Some interesting features of the legislation :
- With adoption by one person personal property and non-property rights and obligations can be stored at the request of the mother if the adopter is a man, or at the request of his father, if the adopter - woman.For example, if the child is adopted by a single man, the biological mother has the right to participate in the child's upbringing and to assume part of the costs of its contents, and vice versa.
- Default for the adopted child retains his name.To assign it a different name and surname is required is necessary to specify in the statement of claim.And in order to change the name of the child who has reached the 10 th birthday, his consent is necessary.
- If a close relative of the deceased parent requests that its rights and obligations with respect to the adopted child, and the court found that the child is strongly tied to that family member and the termination of contacts with him could cause him injury, the court fulfills this desire, even without the consent of the adoptive parents.
- to secrecy at the request of the adoptive parents allowed to change the date of birth of the child (no more than 3 months), and place of birth.However, this paragraph applies only to children under the age of 1 year.
- order to terminate the legal relationship between the adoptive parents and the child, the issue of the abolition of the adoption, not the deprivation of parental rights.A child who has attained 14 years of age may require the cancellation of adoption.