Article 130 of the RF IC with comments and amendments for 2020-2021

Many children are left without parental care. Fate is not always favorable even to those little angels who have not yet seen life. Being a parent is an honorable responsibility. To raise a child, you do not have to be related to him by blood. For those who cannot or do not want to give birth to their children, there is an opportunity to adopt a baby who is left without the company of a biological mother and father. The child’s consent to adoption is one of the necessary conditions for his transition to a new family. How to obtain this consent within the framework of the law?

Regulatory framework

Only a legally married couple can adopt a child in our country, with the exception of certain circumstances. The registration procedure begins with the need to obtain the consent of both spouses to replenish the family, as well as a positive response from the child if he is over 10 years old. What legislation is fundamental for adoption? The regulatory framework regarding the consent of parents and the baby accepted into the family comes down to articles 132 and 133 of the Family Code of the Russian Federation.

Article 132 of the RF IC “Consent of the adopted child to adoption” states that a minor citizen after reaching the age of 10 years cannot be adopted without his own consent.

Art. 132 of the RF IC provides an exception: if the child lived with his potential parents before adoption, then the adoption can be carried out without the consent of the child.

Article 133 of the RF IC “Consent of the adoptive parent’s spouse to adopt a child” states that in addition to the child’s consent, before adoption it is necessary to obtain a positive response from his legal spouse. This article applies only in cases where the adoptive parent is only the husband or only the wife, and not both of them.

It is difficult for kids to make a decision, since they cannot yet assess the negative character traits of potential parents and every day they dream of quickly ending up in their own home with a real family. Therefore, in addition to the child’s consent to adoption, mom and dad need to prepare for certain difficulties associated with completing the procedure.

How can I adopt my husband without the consent of the biological father?

Author: Anatoly Antonov, April 28, 2021 at 5:27 pm According to Article 127 of the RF IC, adult persons of both sexes can be adoptive parents, with the exception of: 1) persons recognized by the court as incompetent or partially capable; 2) spouses, one of whom is recognized by the court as incompetent or partially capable; 3) persons deprived of parental rights by court or limited by court in parental rights; 4) persons removed from the duties of a guardian (trustee) for improper performance of the duties assigned to him by law; 5) former adoptive parents, if the adoption was canceled by the court due to their fault; 6) persons who, for health reasons, are unable to adopt a child. The list of diseases in the presence of which a person cannot adopt a child, take him into guardianship, trusteeship, or take him into a foster or foster family is established by the Government of the Russian Federation. Medical examination of persons wishing to adopt children left without parental care is carried out within the framework of the program of state guarantees of free medical care to citizens in the manner established by the federal executive body authorized by the Government of the Russian Federation; 7) persons who, at the time of adoption, do not have an income that provides the adopted child with the subsistence minimum established in the constituent entity of the Russian Federation in whose territory such persons live; persons who do not have a permanent place of residence, except for persons belonging to the indigenous peoples of the Russian Federation, leading a nomadic and (or) semi-nomadic lifestyle and not having a place where they permanently or primarily reside, in the event of their adoption of a child from among the persons belonging to to the indigenous peoples of the Russian Federation;
9) persons who have or have had a criminal record, are or have been subject to criminal prosecution (except for persons against whom criminal prosecution was terminated on rehabilitative grounds) for crimes against sexual integrity and sexual freedom of the individual, as well as for crimes against life and health, against freedom , honor and dignity of the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in an inpatient setting, and slander), against family and minors, against public health and public morality, against public safety, peace and security of mankind, except in cases provided for in subparagraph 10 of this paragraph; 10) persons from among the persons specified in subparagraph 9 of this paragraph who had a criminal record or were subject to criminal prosecution for crimes against life and health, against freedom, honor and dignity of the individual (with the exception of illegal hospitalization in a medical organization providing psychiatric care in an inpatient setting, and slander), against family and minors, against public health and public morality, against public safety, peace and security of mankind, related to crimes of minor or moderate gravity, if the court recognizes such persons as posing a danger to the life, health and morals of the adopted child. When making a decision on the adoption of a child by such a person, the court takes into account the circumstances of the act for which such a person was subject to criminal prosecution, the period that has passed since the commission of the act, the form of guilt, circumstances characterizing the person, including the behavior of such a person after the commission of the act, and other circumstances in order to determine the possibility of ensuring the adopted child’s full physical, mental, spiritual and moral development without risk to the child’s life and health; 11) persons with a criminal record for grave and especially grave crimes, not related to the crimes specified in subparagraph 9 of this paragraph; 12) persons who have not undergone training in the manner established by paragraph 6 of this article (with the exception of close relatives of the child, as well as persons who are or were adoptive parents and in respect of whom the adoption has not been canceled, and persons who are or were guardians (trustees) ) children and who have not been suspended from performing their duties); 13) 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. When making a decision on the adoption of a child, the court has the right to deviate from the provisions established by subparagraphs 6 (if the person wishing to adopt the child lives with him due to already established family relationships), 7 and 12 of paragraph 1 of this article, taking into account the interests of the child being adopted and noteworthy circumstances. The provisions established by subparagraphs 7 and 12 of paragraph 1 of this article do not apply to the stepfather (stepmother) of the adopted child. Persons who are not married cannot jointly adopt the same child. If there are several persons wishing to adopt the same child, the priority right is given to the child’s relatives, subject to the mandatory compliance with the requirements of paragraphs 1 and 4 of this article and the interests of the child being adopted. In order to facilitate the psychological, pedagogical and legal training of persons wishing to adopt a child left without parental care into their family, they are trained according to a program approved by the executive authorities of the constituent entities of the Russian Federation. Requirements for the content of the training program, the procedure for organizing and carrying out training activities for persons wishing to adopt a child left without parental care into their family, and the form of the certificate of completion of such training on the territory of the Russian Federation are approved by the federal executive body authorized by the Government of the Russian Federation. Organization of training for persons wishing to adopt a child left without parental care into their family is carried out by the guardianship and trusteeship authorities at the expense and within the limits of funds provided for these purposes in the budget of a constituent entity of the Russian Federation. Foreign citizens, stateless persons or citizens of the Russian Federation permanently residing outside the territory of the Russian Federation who wish to adopt into their family a child left without parental care and who is a citizen of the Russian Federation may submit documents confirming that they have undergone appropriate training on the territory of the state , in which they permanently reside, taking into account the topic and in an amount not less than that provided for by the requirements specified in paragraph two of this paragraph for the content of the training program for persons wishing to adopt a child left without parental care into their family. In the event that foreign citizens, stateless persons or citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, who wish to adopt a child left without parental care into their family, have not undergone appropriate training in the territory of the foreign state in which they permanently reside, the specified training is carried out on the territory of the Russian Federation in the manner established by this paragraph. Thus, the spouse's income is also considered when determining the income of the adoptive parent. According to Article 137 of the RF IC, adopted children and their offspring in relation to adoptive parents and their relatives, and adoptive parents and their relatives in relation to adopted children and their offspring are equal in personal non-property and property rights and obligations to relatives by origin. Adopted children lose personal non-property and property rights and are released from responsibilities towards their parents (their relatives). When a child is adopted by one person, personal non-property and property rights and obligations can be preserved at the request of the mother, if the adoptive parent is a man, or at the request of the father, if the adoptive parent is a woman. If one of the parents of an adopted child has died, then, at the request of the parents of the deceased parent (grandfather or grandmother of the child), personal non-property and property rights and obligations in relation to the relatives of the deceased parent may be preserved if the interests of the child so require. The right of relatives of a deceased parent to communicate with an adopted child is exercised in accordance with Article 67 of this Code. The preservation of the relationship of the adopted child with one of the parents or with the relatives of the deceased parent is indicated in the court decision on the adoption of the child. The legal consequences of the adoption of a child, provided for in paragraphs 1 and 2 of this article, occur regardless of the entry of the adoptive parents as parents in the birth certificate of this child. Thus, upon adoption, a person's paternity can be preserved at his request. According to paragraph 6 of the Decree of the Government of the Russian Federation of March 29, 2000 N 275 “On approval of the Rules for the transfer of children for adoption and monitoring the conditions of their life and upbringing in adoptive families on the territory of the Russian Federation and the Rules for registration by consular offices of the Russian Federation Federation of Children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons", citizens of the Russian Federation who wish to adopt a child submit an application to the guardianship and trusteeship authority at their place of residence with a request to give an opinion on the possibility of becoming adoptive parents (hereinafter referred to as the application), which indicates: last name, first name, patronymic (if any) of citizens wishing to adopt a child; information about identity documents of citizens wishing to adopt a child; information about citizens registered at the place of residence of a citizen wishing to adopt a child; information confirming that the citizen does not have the circumstances specified in subparagraphs 9 - 11 of paragraph 1 of Article 127 of the Family Code of the Russian Federation; information about the pension received, its type and amount (for persons whose main source of income is insurance coverage for compulsory pension insurance or other pension payments). Citizens wishing to adopt a child confirm with their signatures, indicating the date of submission of the application, the information specified in it, as well as their awareness of responsibility for providing false or distorted information in accordance with the legislation of the Russian Federation. The following documents are attached to the application: a short autobiography of the person wishing to adopt a child; a certificate from the place of work of the person wishing to adopt a child, indicating the position and average salary for the last 12 months and (or) another document confirming the income of the specified person, or a certificate from the place of work of the spouse of the person wishing to adopt a child, with an indication of the position and average salary for the last 12 months and (or) another document confirming the income of the spouse of the specified person; a conclusion on the results of a medical examination of citizens intending to adopt, take under guardianship (trusteeship), into a foster or foster family of orphans and children left without parental care, drawn up in the manner established by the Ministry of Health of the Russian Federation; a copy of the marriage certificate (if citizens wishing to adopt a child are married); a copy of the certificate of completion of training for persons wishing to accept into their family a child left without parental care on the territory of the Russian Federation in the manner established by paragraph 6 of Article 127 of the Family Code of the Russian Federation (with the exception of close relatives of the child, as well as persons who are or were adoptive parents and in respect of whom the adoption was not canceled, and persons who are or were guardians (trustees) of children and who were not removed from the performance of their duties). The form of this certificate is approved by the Ministry of Education of the Russian Federation. Citizens belonging to the indigenous small-numbered peoples of the Russian Federation, leading a nomadic and (or) semi-nomadic lifestyle and not having a place where they permanently or primarily reside, in the event of their adoption of a child from among the persons belonging to the indigenous small-numbered peoples of the Russian Federation, indicate application for registration information at the place of residence in one of the settlements (at the choice of these citizens) located in the municipal area within the boundaries of which the nomadic routes of these citizens pass, to the address of the local administration of the specified settlement, taking into account the list of places of traditional residence and traditional economic activities of indigenous minorities of the peoples of the Russian Federation, approved by the Government of the Russian Federation. To the application, citizens belonging to the 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 reside, attach the documents specified in paragraphs nine to thirteen of this paragraph, as well as documents confirming conduct by these citizens of a nomadic and (or) semi-nomadic lifestyle, issued by the local government body of the relevant municipal district. The documents specified in paragraph ten of this paragraph are valid for a year from the date of issue, the documents specified in paragraph eleven of this paragraph are valid for 6 months from the date of issue. Thus, the application in any case is submitted at your place of residence. The registration of your child will be taken into account by the court, but it is not mandatory. Answer

When should a child give the go-ahead?

Giving happiness to a lonely child by fostering him is a brave and heartfelt act. A small member of society should be brought up with love and respect, and once he reaches a certain age, he can decide for himself whether he likes a potential mom and dad or not. Therefore, the Family Code of our country has relevant articles that specify the age at which a child must give his consent to adoption.

At what age is approval required for an adoptee?

You can take into a family only those children whose mother and father are missing, declared incompetent by the court, deprived of parental rights, given permission for adoption, or evading their direct upbringing responsibilities. The purpose of adoption is to create favorable living conditions for the baby. While the child is still very small, it is difficult for him to decide on the choice of his adoptive parents. Therefore, potential mothers and fathers undergo a rigorous selection process before full adoption. All kinds of lengthy checks, training in a special school, a probationary period - all this awaits citizens who want to do a good deed and raise an adopted offspring.

If the child is already ten years old, then he has full right to vote in the matter of his own adoption. It is at this age that he has already matured as a person and can objectively assess the level of responsibility of future parents. At 10 years old, the worldview, will and self-esteem are well developed. Naturally, in order to make a decision, a child needs to spend a lot of time with his potential mom and dad.

If it is difficult to arrange adoption for some reason, you can try to take the child into custody. This type of placement of a baby in reality is practically not inferior to adoption in terms of rights and responsibilities.

When is consent not required?

The relationship between parents and their natural children is often difficult. What can we say about the relationship between adoptive parents and their child? Therefore, the guardianship authorities approach the issue of adoption as seriously as possible, so as not to cause psychological trauma to the child. Only a child under 10 years of age can end up in a foster family without articulating his or her wishes. However, this fact does not mean that the baby cannot express preferences. If he is familiar with the future mother and father, willingly comes into contact with them and wants to live together, then in controversial cases the court will prefer to make this particular couple the official parents. The guardianship and trusteeship authorities must explain to the child the essence of adoption and the possible advantages and disadvantages of the procedure.

An adopted child has the same rights and responsibilities as a biological child. It is important for parents to understand that they will bear full responsibility for it, including financial responsibility. An adopted child has the legal right to inherit property on an equal basis with relatives, if any.

Also, a baby whom foreign citizens want to adopt can be transferred to a family without his consent. But the procedure for completing the procedure for potential parents from abroad is many times more complicated than for Russians.

Registration of the child’s consent

The form of a child's consent to adoption is not defined by law. The desire of a child to be raised in a particular family can be expressed in writing, in the form of a conclusion issued by the guardianship authorities, as well as orally, directly at a court hearing. The latter option is rarely used, since the legal process is too tiring for children, and their decision may not always be objective. If the application for consent to adoption is drawn up in writing, then it shall indicate:

Full name of the person being adopted;
residential address of the minor;
contacts of future parents;
information about the possible change of the child’s name, if he so desires;
consent of the biological father and mother, if available, if it is required in court.

Parents can also change the date of birth of their adopted son or daughter, but they can move it no more than three months from the real one. To change the date of birth, the consent of the child is required if he is already 10 years old.

Before the court, the guardianship authorities, future parents and the child hold a meeting, during which the minor decides to join a new family or does not agree with the proposal. If the child still refuses to join the family, then the court considers his opinion to be a key factor in sentencing. When the child already lives in a foster family and considers his pupils to be real parents, the judge can meet mom and dad halfway and approve the paperwork without the official consent of the offspring. However, judicial practice shows that the process of adopting a minor is not always for the benefit of the child. There are the following reasons for this:

judges often do not take the child’s wishes seriously;
Parents rarely seek to gain the baby's trust before their official adoption.

After a court verdict, none of the participants in the process has the right to disclose the secret of adoption. That is, the adopted child will not be able to find out information about his biological parents from strangers. Only mom and dad will have the opportunity to legally reveal the truth.

Article 130 of the RF IC. Adoption of a child without parental consent (current version)

As follows from the commented article, in the cases provided for in it, it is possible to adopt a child without the consent of his blood parents.

In accordance with Art. 42 of the Civil Code, a citizen may be recognized by the court as missing if during the course of a year there is no information about his place of residence at his place of residence. The calculation of this period begins from the day the last information about the absentee is received. If it is impossible to determine this day, the period is calculated from the first day of the month following the one in which the latest information was received, and if it is impossible to determine this month, from January 1 of the following year.

Citizens who, due to mental illness, do not understand the nature of the actions being performed or cannot direct them (clause 1 of Article 29 of the Civil Code) are recognized as incompetent.

On deprivation of parental rights, see commentary to Art. Art. 69 - 71.

In accordance with paragraph 10 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 20, 2006 “On the application of legislation by courts when considering cases of adoption of children,” recognition of a parent by the court as having limited legal capacity does not provide grounds for adopting a child without the consent of such a parent, since, in accordance with with Article 30 of the Civil Code of the Russian Federation it is limited only in property rights.

The same paragraph states that the reasons why a parent does not live with the child for more than six months, evades his upbringing and maintenance, are established by the court when considering an application for adoption of a child on the basis of a study and assessment of all the evidence presented (for example, reports from internal authorities cases of a wanted parent evading payment of child support, testimony of witnesses and other admissible evidence).

Thus, only the court can determine whether the reasons why parents do not live with the child for more than six months and evade his upbringing and maintenance are valid or not.

Adoption can also be carried out in the absence of parental consent, if the children were abandoned, found during a natural disaster, as well as in other emergency circumstances, about which there is a corresponding act issued in the prescribed manner by the internal affairs bodies or the guardianship and trusteeship authority, and the parents of these children are unknown.

Comment source:

“ARTICLE-BY-ARTICLE COMMENTARY TO THE FAMILY CODE OF THE RUSSIAN FEDERATION” UPDATED

S.P. Grishaev, 2017

Rules for adoption of children in Russia. Reference

Adoption is carried out by the court upon the application of the person(s) wishing to adopt the child. Adoption cases are considered by the court in a special proceeding according to the rules of civil procedural legislation. The adoption of children is subject to state registration as an act of civil status.

To adopt children, parental consent is required. If the child’s parents are under 16 years of age, the consent of their parents or guardians (trustees) is also required, and in their absence, the consent of the guardianship and trusteeship authority.

The consent of the child's parents for his adoption is not required in cases where they: a) are unknown or recognized by the court as missing; b) are recognized by the court as incompetent; c) deprived of parental rights by a court; d) for reasons recognized by the court as unjustified, they do not live with the child for more than six months and evade his upbringing and maintenance.

To adopt a child over 10 years of age, his consent is required. If a child is adopted by only one of the spouses, the consent of the other spouse is required. The secrecy of adoption is protected by law. Cancellation of adoption is carried out in court.

Documents required to obtain a conclusion on the possibility of becoming adoptive parents.

Citizens of the Russian Federation who wish to adopt a child submit an application to the guardianship and trusteeship authority at their place of residence with a request to give an opinion on the possibility of becoming adoptive parents, attaching the following documents:

short autobiography;
a certificate from the place of employment indicating the position and salary or a copy of the income statement;
a copy of the financial personal account and an extract from the house (apartment) register from the place of residence or a document confirming ownership of the residential premises;
a certificate from the internal affairs authorities confirming the absence of a criminal record for an intentional crime against the life or health of citizens;
a medical report from a state or municipal medical institution on the health status of a person wishing to adopt a child, drawn up in the manner established by the Ministry of Health of the Russian Federation;
a copy of the marriage certificate (if married).

The documents listed in subparagraphs 2-4 are valid for a year from the date of issue, and a medical report on health status is valid for 3 months.

A person applying for adoption must present a passport, and in cases provided for by the legislation of the Russian Federation, another identification document.

To prepare a conclusion on the possibility of becoming adoptive parents, the guardianship and trusteeship authority draws up an act based on the results of an examination of the living conditions of persons wishing to adopt a child.

Based on the application and the documents attached to it, as well as an act of examining the living conditions of persons wishing to adopt a child, the guardianship and trusteeship authority, within 15 working days from the date of filing the application, prepares a conclusion on their ability to be adoptive parents, which is the basis for registration with as candidates for adoptive parents.

The guardianship and trusteeship authority brings the negative conclusion and the refusal based on it to register as candidates for adoptive parents to the attention of the applicant within 5 days from the date of its signing. At the same time, all documents are returned to the applicant, and the procedure for appealing the decision is explained.

After registering citizens as candidates for adoptive parents, the guardianship and trusteeship authority provides them with information about the child (children) who can be adopted and issues a referral to visit the child (children) at the place of residence (location) of the child (children).

To obtain documented information about children left without parental care from a regional data bank on children or a federal data bank on children, a citizen presents a passport to the relevant operator and submits:

A statement of your desire to accept a child into your family and with a request to familiarize him with information about children that corresponds to his wishes located in the state data bank about children;
A completed application form of a citizen wishing to adopt a child into his family; The citizen's application form contains the following information: last name, first name, patronymic, gender, date and place of birth, citizenship, marital status, place of residence and (or) place of stay, contact telephone number and details of the identity document of the citizen wishing to adopt a child for upbringing in family;
Details of the conclusion on the living conditions and the possibility of a foreign citizen to be an adoptive parent, in accordance with the legislation of the state of which the foreign citizen wishing to adopt a child is a citizen;
Information about the child whom the citizen would like to accept into his family;
Conclusion of the guardianship and trusteeship authority on the possibility of a citizen to be an adoptive parent.

The relevant operator reviews the application and submitted documents within 10 days from the date of receipt.

If the citizen agrees to adopt the child proposed to him, the relevant operator issues him a referral to visit this child.

If a citizen refuses to accept a child offered to him into his family, he may receive a referral to visit another child of his choice.

The basis for the court to decide the issue of the possibility of adopting a particular child is the application of candidates for adoptive parents with a request to establish adoption, which they submit to the court at the place of residence (location) of the child.

The application for adoption of a child must indicate:

Last name, first name, patronymic of the adoptive parents (adoptive parent), their place of residence.
Last name, first name, patronymic and date of birth of the child being adopted, his place of residence or location, information about the parents of the child being adopted, whether he has brothers and sisters.
Circumstances justifying the request of the adoptive parents (adoptive parent) to adopt a child, and documents confirming these circumstances.
A request to change the surname, first name, patronymic, place of birth of the child being adopted, as well as the date of his birth, to record the adoptive parents (adoptive parent) as parents (parent) in the child’s birth certificate.

The application for establishing the adoption of a child must be accompanied by:

A copy of the adoptive parent’s birth certificate – if a child is adopted by a single person;
A copy of the marriage certificate of the adoptive parents (adoptive parent) - when a child is adopted by married persons;
When adopting a child by one of the spouses, the consent of the other spouse or a document confirming that the spouses have terminated their family relationship and have not lived together for more than a year. If it is impossible to attach the relevant document to the application, the application must indicate evidence confirming these facts;
Medical report on the health status of the adoptive parents (adoptive parent);
A certificate from the place of employment about the position held and salary, or a copy of the income statement or other document on income;
A document confirming the right to use residential premises or ownership of residential premises;
A document confirming the registration of a citizen as a candidate for adoptive parents.

All documents are provided in two copies.

An application for the adoption of a child is considered in a closed court session with the mandatory participation of the adoptive parents (adoptive parent), a representative of the guardianship and trusteeship authority, a prosecutor, a child who has reached the age of 14 years, and, if necessary, parents, other interested parties and the child himself aged 10 to 14 years.

A court decision to establish the adoption of a child, which has entered into legal force, is the basis for state registration of adoption.

The material was prepared based on information from open sources

The consent of the child's parents for his adoption is not required in cases where they are: unknown or recognized by the court as missing; declared incompetent by the court; deprived of parental rights by the court (subject to the requirements of paragraph 6 of Article 71 of this Code); for reasons recognized by the court as disrespectful, they do not live with the child for more than six months and evade his upbringing and maintenance.

Commentary on Article 130. 1. To adopt a child, it is necessary to obtain the consent of his parents, which by force of law is a mandatory condition for adoption (see Article 129 of the Family Code and the commentary thereto). Article 130 of the UK provides for possible exceptions to this general rule. The list of circumstances established by this article in the presence of which the adoption of children is permitted without the consent of their parents is exhaustive and is not subject to broad interpretation. To prove these circumstances, documents confirming them must be presented. 2. Children may be given up for adoption without the consent of their parents if the parents are unknown (for example, when adopting abandoned children), recognized by the court as missing or incompetent. A citizen is recognized as missing and incompetent by the court according to the rules established by Articles 29 and 42 of the Civil Code. Unlike incompetent persons, persons recognized by the court as having limited legal capacity (Article 30 of the Civil Code) are limited only in property rights (disposal of earnings or other income) and obtaining their consent is also a mandatory condition for the adoption of their children. Regardless of the will of the parents, children in respect of whom they have been deprived of parental rights are also adopted. However, the IC introduces a new rule: adoption in these cases is possible only after 6 months have passed from the date of the court’s decision to deprive them of parental rights (see Article 71 of the IC and the commentary thereto). 3. The law also provides for the possibility of adoption without the consent of the parents and in cases where they evade the upbringing and maintenance of their child. This is permissible only if the conditions established in Article 130 of the Family Code are simultaneously met: a) living separately from the child for more than 6 months (previously, according to the CoBS - more than a year); b) evading the upbringing and maintenance of a child (previously, according to the Code of Laws - from upbringing or maintenance); c) absence of valid reasons for such behavior (illness, long business trip, obstacles from the other parent in communicating with the child, etc.). In the absence of at least one of these conditions, adoption without parental consent is not allowed. In contrast to the previously existing order, there is now no need to warn the parent(s) who have forgotten about their parental duty to change their behavior. Thus, if, for example, a father living separately regularly pays alimony, but does not take personal part in raising the child and does not communicate with him, having a real opportunity to do so, adoption can be carried out without his consent.