It became known that the Ministry of Education of the Russian Federation has prepared a bill to change the rules for the adoption and guardianship of children. The draft law introduces a ban on the adoption of more than one child per year , unless we are talking about the adoption of brothers and sisters. This will reduce the percentage of children returning to orphanages. Another prohibition for adoptive parents concerns changing their place of residence . Changing the place of residence of an adopted child will be possible only after the guardianship authorities have checked the living conditions of his new place of residence. Also, the upcoming changes will affect the introduction of mandatory psychological examination of potential guardians , as well as adult capable family members with whom the adopted child will have to share a common home in the future.
If the draft law prepared by the ministry is approved, the proposed changes will come into force on January 1, 2021. Despite the apparent reasonableness of these proposals, the bill has critics.
Total psychological examination of caregivers
Strange as it may seem, the requirement for a preliminary psychological examination of guardians was criticized by social activists.
The author of a petition posted on the Change.org platform demanding that work on the project be stopped, Svetlana Stroganova, classified the need for a psychological examination as “total (in fact, barrier) testing when it is impossible for valid tests to exist.” She calls on the authorities to listen to the opinion of the expert community - NGOs, adoptive parents, public organizations. More than 105 thousand users have signed this petition to date.
At the same time, according to the Investigative Committee of Russia, in 2015, 146 criminal cases for crimes against the life, health and sexual integrity of children under guardianship, in 2021 - 189 cases . With reference to the Ministry of Education, Kommersant writes that the innovations being developed are explained by the need to ensure the protection of the child who is taken into care. Moreover, “all the rules for conducting a socio-psychological examination, challenging its results, and the requirements for psychologists who will conduct it will be established in the by-laws of the Government of the Russian Federation and the Ministry of Education.” Consequently, they will exist, but they will become widely available only after the adoption of the bill by the State Duma, i.e. when all discussion of the law will have ceased. Until January 12, 2019, the initiative is at the stage of public discussion, but there is no methodology.
Adoption of children new law 2021: conditions for adoptive parents
State authorities that directly make decisions in matters of adoption follow certain rules.
According to the law, every capable adult citizen has the right to adopt a child. The person who wishes must provide all the information about himself; it must, of course, be truthful. Also, the guardianship and trusteeship authorities must conduct a complete and thorough check of the candidate. His state of health, moral level, financial condition, material security, as well as other characteristics upon request.
Of course, first of all, permission to adopt will be given to a married couple or a close relative.
The law also defines persons who are prohibited from adopting a child. These include citizens who have committed illegal acts against a child; the restriction on adoption for them is indefinite. Also, a person with infectious diseases or a disabled person of group 1 cannot adopt a child until he has fully recovered or his disability has been lifted.
In addition, the following are not eligible for adoption:
- Citizens with an outstanding criminal record
- Alcohol and drug addicts
- Those who have not confirmed the level of income sufficient to raise a child
- Citizens without housing, or a married couple, one of whom is incapacitated
- Those who have been deprived of parental rights regarding biological children, or have previously failed to fulfill the duties of a guardian and adoptive parent.
What are public activists warning about?
Social activists in a broad sense and the author of the petition in particular warn that due to the restrictions being introduced, statistics on the number of orphans in the country could significantly worsen.
It took Russia ten years to reduce the number of orphans from 186 thousand to 50 thousand . On average, in recent years, about 55-65 thousand orphans annually. Most of them go to large families, where they are ready to take responsibility for the future of children over 10 years old with special needs.
The approximate increase in the number of orphans in orphanages will be, according to community activists, at least 30 thousand people per year . Thus, in just a few years, Russia may return to the terrible indicators of ten years ago in terms of the share of orphans.
But this negative scenario may come true if the final version of the law includes a requirement to limit the number of children in a guardianship family to three. However, due to criticism from Orthodox activists, the authorities have already refused to change the current norm, according to which there should not be more than eight children in a foster family. Now it is of a recommendatory nature.
“Responsibility passes to officials”
The new rule will make it easier for Russians to go through the adoption procedure, Sergei Rybalchenko, a member of the Public Chamber commission for supporting family, motherhood and childhood, is sure.
“Changing the procedure does not relieve the authorities themselves from the need to request these documents. The resolution is aimed at facilitating the collection of documents by citizens themselves. All other requirements remain the same. This practice exists in many countries and in our country within the framework of electronic document management,” he noted in an interview with RT.
“It is correct when responsibility for collecting certificates passes from the citizen to officials,” Rybalchenko emphasized.
The document signed by Medvedev notes that these changes will be made “to a number of regulatory legal acts of the government.” These include rules for placing children for adoption and monitoring their lives, rules for selecting and training guardians, as well as rules for temporarily placing children in foster families.
Relaxation for HIV-infected people
Whether or not people with HIV can be allowed to take custody of their children is more of an ethical issue.
But in any social state they are guided by the principle “every citizen is allowed rights until proven otherwise.” Even those who cannot give birth should have the right to be a parent. Therefore, the opportunity to allow HIV-infected people to exercise their parental rights is more of a legal achievement in Russia than some kind of potential threat to children’s health.
The document being developed gives the courts the right, when making a decision on the adoption of a child, to deviate from the provisions established by paragraph 6 of paragraphs. 1 tbsp. 127 of the Family Code of the Russian Federation. That is, HIV-infected people can be guardians of a child “to the extent that these provisions serve as a basis for refusal to a person infected with HIV and the hepatitis C virus,” Kommersant comments on the proposed amendments. It should be taken into account that deviation from these provisions is possible “if the court has established circumstances indicating that adoption is in the interests of the child.”
The basis for changing the law was the decision of the Constitutional Court of the Russian Federation dated June 20, 2021, according to which the ban on the adoption of children living with people with HIV or hepatitis C was declared illegal.
Adoption of children new law 2021: the interests of the child are a priority
The state has clearly defined principles that guide it when deciding to grant permission for adoption:
- Priority of the child's interests
- The rights of biological parents must be respected
- You can't tear brothers and sisters apart
The reason for adopting a minor child may be one of the following:
- The child is an orphan
- The child was placed in an orphanage
- The child was left in the maternity hospital
- abandoned child
- If both biological parents are deprived of parental rights
The law on adoption is focused on the interests of the child
Moscow, 05/27/2021, 19:17:02, editorial office PRONEDRA.RU, author Tatyana Stetyukha.
The resolution approved by Dmitry Medvedev makes it possible to slightly simplify the procedure for submitting documentation for registration of guardianship, adoption and guardianship. Adopting a child from an orphanage is a very serious step, and the process of obtaining the necessary documents is often too long, so you need to be patient.
The state, first of all, follows the rules:
- The interests of the child are a priority.
- The rights of biological parents are taken into account.
- Unity of siblings.
Special authorities that deal with placing a child in a family adhere to the following rules.
A citizen of the Russian Federation who is 18 years old can become an adoptive parent. He must provide as much information about himself as possible, the main thing is that it is reliable. After this, the guardianship and trusteeship authorities are obliged to check his physical and psychological health, financial and financial situation, and, if necessary, investigate other information.
First of all, close relatives of the children (if they have expressed a desire to pick up the child) and married couples will be considered.
There are a number of restrictions in the adoption procedure. People who:
- have already served a sentence for crimes against children or the lives of other citizens;
- have a severe and contagious disease (disabled people of group 1, patients with an infection that can be transmitted to others);
- the criminal record has not been expunged according to the law;
- drug and alcohol addiction;
- did not confirm a sufficient level of their income;
- do not have their own home or whose spouse is declared incompetent by the court;
- have already been deprived of parental rights in relation to their children.
It is imperative to remember the secrecy of adoption, so new parents have every right to change their child’s first, last and patronymic names, date and place of birth.
When you make a deliberate decision to adopt a child this year, the first thing you need to do is contact the guardianship authorities at your place of residence. Here they will give an opinion on the possibility or impossibility of being an adoptive parent or guardian. The specialists’ tasks also include establishing the reasons for adoption, explaining all legal requirements, as well as the rights and responsibilities of adoptive parents.
It is important to first weigh all the information and remember that an adopted child should not become a tool for solving problems.
How is the procedure performed?
Adoption begins with the submission of a petition to the district court office located at the location of the adoptee. Regarding the standards of the RF IC, in this regard, a closed court hearing is being held as a special proceeding. The statement contains the following details:
- Address of the court to which the application is being filed.
- Full name of the initiator of the procedure.
- Initials of the person being adopted.
- Listing of important data and circumstances that may affect the court decision. The marital status of the adoptive parent is indicated here, as well as the relationship (if any) between the parties.
- The conditions in which the child will live are described.
- Level of relationship between the parties. Here you need to indicate whether there was communication between them. If the child has reached 10 years of age, then his consent to adoption is required.
- The reason why the choice was made on a particular child is indicated. Future parents need to justify their position.
- It must be emphasized that there are no conditions prohibiting adoption. If the adoptive parents have considerations regarding changing the child’s initials, it is advisable to also indicate them in the application.
The following package of documents should be attached to the application:
- Marriage certificate if adoption is by a couple.
- Certificate of no criminal record.
- Certificate of residence and family composition.
- Results of the medical examination.
- Certificate from your place of employment indicating your average monthly income.
After filing documents with the court, the plaintiff receives notice of a future hearing date. It is carried out with the participation of the following parties:
- potential adoptive parents;
- representatives of guardianship authorities;
- prosecutor.
The task of the guardianship authorities in such proceedings is to determine whether candidates meet the requirements for an adoptive parent. A very important point is the presence of personal communication between the future parent and the child, which will allow the court to make a conclusion in favor of adoption. The task of the prosecutor is to ensure the legality of the procedure.
The court is obliged to make a verdict during the hearing, after which the plaintiff must wait for three days for an extract to be provided to the registry office at the place of registration of the adoptee. Next, the process of moving the child to new parents begins.
The law on the adoption of children in Russia does not provide for the possibility of mediation in such procedures. This applies to both legal entities and individuals. We are talking about organizing events for the transfer of adoptees or providing any services related to the adoption process. According to the law, the following are not considered intermediaries:
- guardianship and trusteeship authorities, whose official tasks include protecting the interests of minors;
- legal entities and structures whose activities are carried out on the basis of relevant arrangements and agreements with Russia;
- authorized representatives of the federal government who exercise executive functions.
The law allows the presence of an intermediary if the adoptive parent is personally present at all stages of the procedure. It is only impossible for an authorized representative to perform actions on behalf of one of the parties.
