Are there any restrictions for adoptive parents and at what age is a child’s consent to adoption required?


At what age is it better to take a child into the family?

Children can be taken into the family almost from birth. Their ages are divided into the following categories:

  • from birth to 1 year. The advantage of infancy is that the child does not remember at all the moment of entering a new family.
    In this case, he perceives the adoptive parents as his own parents. You also won’t have to explain to people around you about the baby’s arrival. But raising such children requires a lot of effort, financial expenses, and sleepless nights. Nevertheless, the baby develops according to his age and does not lag behind his peers.
  • from 1 to 3 years. At this age, the child also understands little.
    But he will still have to get used to the new living conditions. Parents should be patient and strong, since it is during this period that the baby often gets sick. But such children have already formed external characteristics.
  • 3-7 years. The preschool period is the most comfortable for adoption.
    Since you no longer need to get up at night and wash diapers. A 5-year-old child can do basic things on his own. He can also explain what he wants, what hurts. Interaction with preschoolers is based on intellectual and physical development. You should play active and educational games with him for the full growth of the child.
  • 7-12 years old. Younger schoolchildren already clearly understand all the advantages of joining a foster family.
    They can show gratitude for choosing adoptive parents. These are completely independent children who do not cause any trouble. They are happy to help with housework and are able to make certain decisions quite independently.
  • 12-15 years old. Adolescence is the most difficult period during adoption.
    Because such children have already formed a certain way of life. Not every teenager wants drastic changes in their life. Problems with mutual understanding and worldview may arise. To raise such children, adoptive parents should be patient, tolerant, and tactful.
  • 15-18 years old. Adolescence is a fully formed personality.
    Such a person no longer requires increased attention. He has clearly formed certain life positions, but it is easier to interact with these children than with teenagers.

Any age of a child has its positive and negative sides. Therefore, before making a choice, adoptive parents should weigh all these points for a comfortable microclimate in the future family.

REFERENCE: Children are considered to be persons under eighteen years of age. It is after adulthood that a child can be adopted.

Until this time, he is supported by an orphanage.

How to adopt a child

Citizens who decide to become adoptive parents face many questions and difficulties. The adoption procedure consists of a number of stages, the duration of which can be significantly delayed.

Search for a child

The very first question that all adoptive parents face is where to adopt a child.

It all starts with a visit to a specialist from the guardianship authority. Potential parents must contact a government organization and express a desire to adopt a child. If parents' nominations are approved, they are given the opportunity to familiarize themselves with the All-Russian children's data bank. Applicants have the right to consider children from any region of the country.

The main ways to select a child:

  • stand in line for a newborn abandoned child from the maternity hospital;
  • take a child from an orphanage;
  • take a child from an orphanage;
  • take a child with disabilities from a boarding school.

Who is eligible

Art. 127 of the Family Code states that all capable adult citizens have the right to become adoptive parents, with the exception of persons who:

  • recognized by the court as incompetent or partially capable;
  • deprived of parental rights, limited in them;
  • removed from the duties of a guardian (trustee);
  • are former adoptive parents (by court decision);
  • have health problems (physical, mental) that prevent them from fulfilling parental responsibilities to the fullest extent;
  • have a criminal record or have been subject to criminal prosecution for a number of crimes against the individual and society;
  • have drug or alcohol addiction;
  • do not have a constant income in the amount necessary to support a child;
  • do not have a permanent place of residence;
  • are in a same-sex marriage;
  • have not undergone special training in the form of attending courses for adoptive parents (does not apply to close relatives, current parents, guardians, adoptive parents of other children).

In the interests of the child, guardianship authorities can approve the candidacies of citizens who have a low level of income and have not completed training courses.

If several citizens apply to adopt a child, preference is given to relatives.

Adoption procedure

The following steps must be completed:

  1. Write an application to the guardianship and trusteeship authority to obtain an opinion on the possibility of becoming adoptive parents.
  2. Attach the necessary documents to the application: a short autobiography, a certificate of income (or a copy of the declaration), proof of housing, a certificate of no criminal record, a medical report, a copy of the passport, a copy of the marriage certificate (if available). All documents and copies must be prepared in advance, having previously specified their list. It is also necessary to take into account the validity period of the certificates.
  3. Receive at your home representatives of the guardianship authorities, who will pay a visit to familiarize themselves with the living conditions of the applicants.
  4. Receive an official conclusion on the right to become adoptive parents.
  5. Start searching for the child.
  6. Submit an application for adoption to the court.
  7. Get a court decision.

If the court's decision is positive, the child is officially transferred to a family for upbringing.

When is the consent of the adopted child asked?

Not every child can be adopted without his or her consent to the adoption process. The law provides for an age limit.

According to paragraph 1 of Article 132 of the Family Code of the Russian Federation, when adopting a child from the age of ten, his consent is required.

It is from the age of 10 that a child already adequately perceives the surrounding reality and understands all the advantages of living in a foster family. Adoptive parents must hold several meetings with the child.

This is required for him to finally make a decision. Because not every child is comfortable being with strangers. He must get used to the idea of ​​adoption, as well as the people he will live with in the future.

The exception is children with physical or mental disabilities. They are allowed to be adopted without consent.

How to adopt a child

To adopt a child, you must first contact the Authorized authorities in the field of guardianship and trusteeship at your place of residence. The regional department of the guardianship authorities will give you a list of documents that you need to collect to confirm your right to be an adoptive parent. For now, the child’s guardian is the state and representatives of the guardianship authorities strive to transfer children only to a reliable family. Don’t be intimidated by the large list of papers that will need to be collected - it will take time, but all documents are provided freely to potential adoptive parents by all authorities.

To obtain a conclusion on the possibility of being an adoptive parent, you will be asked to bring the following list of documents:

  1. short autobiography;
  2. a certificate from the place of employment indicating the position and salary or a copy of the income statement;
  3. 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;
  4. 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;
  5. 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;
  6. a copy of the marriage certificate (if married).

It is better to clarify the full list in the guardianship at your place of residence.

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 negative conclusion and the refusal based on it to register as candidates for adoptive parents are brought to the attention of the applicant by the guardianship and trusteeship authority 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. If you believe you were denied wrongfully, you have the right to take legal action.

Restrictions for adoptive parents

Adoptive parents in Russia must be at least 21 years old. During this period, a person is already fully aware of the responsibility of the consequences of having an adopted child in his family. As for the maximum age for adoption, it is 45 years old.

It is until this period that a person can still physically and financially support small children. At an older age, a person develops various diseases that are characteristic of old age.

IMPORTANT: The adoptive parent must feel comfortable both financially and physically. It is in such an atmosphere that a worthy person can be raised.

How many years must the adoptive parent be older by law?

To ensure that parental authority is not suppressed and that the adoptive parent is not perceived as an older brother or sister, the age difference between the adoptive parents and the adopted child must be at least 16 years. This period can only be reduced for reasons agreed upon in court.

We also recommend reading other materials from our experts. From them you will learn about the procedure for adoption, the necessary documents, benefits for adoptive parents and the rights of adopted children, the legal consequences of this step and the cancellation of adoption, as well as whether it is possible to adopt an adult or a previously adopted child and what diseases cannot become adopted parents.

Adopting a child is a long and troublesome process. This is a big responsibility, so before making this decision you need to weigh all the pros and cons of adoption.

But in any case, making at least one boy or girl happy by making family life more harmonious is a worthy deed. Every orphaned child will always be grateful to their adoptive parents.

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