Up to what age can an adoptive parent adopt a child?

The state encourages citizens who decide to adopt in every possible way. It doesn’t matter whether we are talking about a child from an orphanage, or whether the person being adopted is a relative. Benefits and comprehensive financial support are provided at all stages. Moreover, the procedure has been completely equated to the birth of a child: the design features are different, but in the future the adopted baby will become a full-fledged member of the adoptive parent’s family with all that it entails. The Family Code regulates the rules of adoption in order to ensure proper care of the child. One of these rules is a certain age difference between the adoptive parent and the child.

Age restrictions for adoptive parents

will there be young people among them who approve of your decision, who will communicate with the child when he grows up, creating a positive and supportive circle of friends.
People who can, if necessary, replace you and participate in those entertainments that will be inaccessible to you for one reason or another. Are there anyone among them who can turn the child against you? Find out whether the child is entitled to a survivor's pension or other payments - arrange for them before establishing adoption. In some regions (including Moscow), additional compensation payments are provided for abandoned and abandoned children; they are also retained for an adopted child (Moscow Government Decree of April 6, 2004 No. 206-PP, as amended on November 23, 2004 .)

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Minimum and maximum age of the adoptive parent

As such, Russian legislation regulating family relations does not reflect the minimum and maximum age of a person who plans to become an adoptive parent. It contains only a general phrase that the adoptive parent can be an adult. Thus, we can conclude that the minimum criterion as a general rule is 18 years. There are no maximum age restrictions at all.

However, taking into account other requirements for adoptive parents, and in particular their health, there are very few cases of adoption by persons who have crossed the pension line as a percentage of the total number of adopted people.

Most likely, these are cases when, due to the options provided for by the RF IC, fewer requirements are imposed on the candidate, including in terms of age and health.

The age of the adoptee should not be older than 18 years, since, having crossed the 18-year mark, the child becomes a fully capable citizen and the parents’ responsibilities towards him in the legal sphere cease.

Relations with the adoptive parent are built on the same principles.

Acceptable age difference at adoption

The next age criterion is the age difference between the adopted and the foster parent. The relationship between the adopted child and the adoptive parent must fully correspond to the relationship between the natural parent and the child. Nature has determined that a person can have children starting from a certain age.

Therefore, a person cannot adopt a person of the same age or a person close to him in age. Art. 128 of the RF IC provides for the need for a difference of at least 16 years.

This is necessary to ensure that the ages of the adoptive parents and the adopted child differ no less than those of the potential birth family.

The Mystery of Adoption

The Constitution of the Russian Federation states the right of citizens to personal and family life. From it comes a rule that guarantees the strict preservation of information about the act of adoption. All officials involved in the process who have relevant information are required to keep it secret

Attention: civil servants will face punishment for disclosing information about placing children in families without the permission of the participants in the process.

Child's personal data

In order to maintain the secrecy of information about the adoption of children, new parents have the right to completely change the following data:

• last name (give their own);
• patronymic (corresponds to the name of the male adoptive parent);
• Name;
• date of birth;
• place of birth.

Attention: the issue of changing the baby’s personal data should be initiated during the legal process (and thought about in advance). The court decision provides grounds for re-registration of the child with new full name and other data in the registry office

An exception is cases of adoption of children who have celebrated their tenth birthday. They have the right to refuse a new name, surname or patronymic.

What is adoption

Adoption means the placement of a minor in a family as a family member. This process is accompanied by the acquisition of parental rights, with all the ensuing consequences. The concept is recognized as natural in legal practice. Until recently, it was believed that the adoption procedure did not lead to budgetary costs

Attention: issues of placing children in families were considered at a meeting of the Public Chamber in June 2021. The decisions of this representative body were the basis for the instructions of the President of the Russian Federation

The rules for legal registration of the process are laid down in:

• Chapter 29 of the Civil Procedure Code of the Russian Federation (CCP);
• Federal Law No. 143-FZ.

For reference: the concepts of “adoption” and “adoption” in the legal process are used in an equivalent sense (that is, they mean the same thing).

Who is subject to adoption by law?

When deciding on placement of minors in families, the state adheres to the following principles:

• priority of the interests of the child;
• respect for the rights of biological parents;
• inseparability of family ties between brothers and sisters.

In accordance with paragraph 1 of Article 124 of the Family Code, adoption is considered in relation to a minor deprived of parental care for any reason:

• orphanhood;
• placement in a baby home;
• leaving in the maternity hospital;
• throwing by an unknown person;
• deprivation of guardianship from biological parents.

Important: adoption of Russian children by foreigners is allowed. The priority reason is to respect the interests of the minor

Basic requirements for adoptive parents

In practice, government bodies involved in making decisions about placing children in families are guided by the following legislative rules:

1. Every citizen of the Russian Federation who has reached the age of majority and has acquired legal capacity can potentially become an adoptive parent.
2. The candidate parent must provide complete and accurate information about himself. In addition, agree to a thorough check by the guardianship and trusteeship authorities of your:
   health conditions;
3. moral level;
4. financial and financial situation;
5. other information if necessary.
6. Priority is given to:
   married couples;
7. spouses of parents of minors;
8. close relatives of the children.

Attention: adoption is established exclusively by a court decision. This differs from the institution of guardianship and trusteeship

Who cannot adopt children

Restrictions are established by law for persons applying to adopt children into a family. Namely, adoption by citizens is prohibited:

1. Punished for crimes against children, life and health of citizens (indefinitely).
2. Having a serious illness, including a contagious one. This category includes disabled people of group 1 and patients who can transmit the infection to minors (until recovery and removal of disability).
3. Having a criminal record outstanding by law.
4. Suffering from alcoholism and drug addiction.
5. Those who have not confirmed a sufficient level of income.
6. Without housing.
7. Deprived of parental rights in relation to other children who have previously failed to cope with the function of a guardian or adoptive parent.
8. Having a spouse deprived of legal capacity by a court decision.

Please note: There is a rule regarding the age difference between the minor and the new parent. This indicator cannot be lower than 16 years

The rule is violated extremely rarely. In addition, it does not apply to the spouses of the adoptive parents (stepmother, stepfather).

When is consent required?

In general, permission from biological parents is required to place their child in another family. This document is drawn up in writing and certified by a notary. In addition, there are such situations:

1. For a minor mother and father, permission to adopt minors is given by:
   guardian;
2. OPP in the absence of an official trustee.
3. Consent is formalized in two ways:
   personal - in relation to a specific citizen;
4. general - concerns an indefinite number of people.
5. Cancellation of an adoption permit is permitted only before a court decision on it comes into force.

Attention: guardians must also give permission for the minor ward to be placed in another family. A document of consent is not provided if it is revealed that the biological parents:

• not installed;
• died;
• are listed as missing;
• incapacitated;
• deprived of rights in relation to children.

Important: when deciding on placement in a family, the consent of the adoptee at the age of 10 is required

It is expressed orally and recorded by the guardianship authorities. In addition, there is a circle of people whose permission to the adoption procedure is taken into account. These include:

• spouses of adoptive parents;
• children raised in a family.

Procedure and rules of registration

Dependence of adoption on marriage:

• if a married couple wants to adopt a child, the marriage must be officially registered;
• unmarried people cannot adopt one child;
• one of the spouses can act as an adoptive parent, with the consent of the second ();
• if spouses want to become adoptive parents together, then each of them must collect documents and undergo training;
• An unmarried person can also accept a child into the family.

There must be an age difference of at least 16 years between the adoptive parent and the adopted child. The exception is intra-family adoption.

In addition, the court, in the interests of the child, may not take into account the insufficient age difference. For example, if the adoptive parent is the guardian of a minor.

Adoption stages:

1. Contact the guardianship department.
2. Collection of documentation.
3. Completion of specialized training.
4. Submitting an application to the guardianship department.
5. Obtaining a conclusion.
6. Selection of a child.
7. Getting directions.
8. Registration of consent.
9. Going to court.
10. Obtaining a court decision.

Contacting the guardianship department

A citizen must contact the guardianship department, which is located at the place of his permanent or temporary registration. A prerequisite is the presence of Russian citizenship.

Important! Citizens of other countries must obtain an opinion on the possibility of adopting a child according to the laws of their country.

An initial consultation is required to obtain general information, training directions and documentation.

A number of guardianship departments receive citizens on certain days. Therefore, you must first check the appointment time on the website or by phone.

Preparation of documents

The list of documents differs slightly for adoptive parents - strangers and adoptive parents - relatives. The list is contained in.

Documents for the adoptive parent

The rest of the documentation is requested by the specialists of the guardianship department independently. Information is provided within the framework of electronic document management within 5 days from the date of sending the request.

The medical report is drawn up in accordance with. The document provides a list of diseases that prevent children from being accepted into the family (alcoholism, drug addiction, disability of 1-2 groups, oncology).

The law has been amended since May 2021. Persons with hepatitis C and HIV can adopt a child into a family if he previously lived with them. Thus, if a minor was under guardianship, and during the period of cohabitation the guardian or his spouse was infected, then the court will not take this fact into account.

Example. The family went to court with a claim for adoption. But the demand was not satisfied, since the woman was HIV-infected. The couple appealed this decision. During the process, the applicants explained that they could not have children. Therefore, the plaintiff’s sister gave birth to their child (as a surrogate mother). The couple wanted to adopt him. But during the preparation of the documents, the applicant suffered a miscarriage. During treatment she became infected. The court satisfied the spouses' demands. And the corresponding changes were made to the law.

Completion of training

The list of organizations that can provide training to candidates is established by regional legislation. Organizations are selected in accordance with regional regulations.

The period of study depends on the rules of the particular school. They are often formed on the basis of orphanages and shelters.

Where to apply for training must be clarified in the guardianship department. In a number of regions, candidates can choose a school on their own. In others, territorial consolidation was carried out.

Schools provide basic knowledge for adoptive parents:

• in medicine;
• on the psychology of orphans;
• in jurisprudence;
• on the socialization of children.

After completing the course, the student must pass a test. It is often carried out in the form of testing.

Persons who successfully pass the test receive a certificate. It is valid for 2 years.

Obtaining a conclusion

After collecting documents and completing training, the citizen must re-visit the guardianship department. When applying, you must fill out an application for the issuance of a conclusion.

The document includes the following points:

• name of the municipality;
• applicant details;
• document's name;
• information about citizens living with the applicant;
• list of documents;
• income information;
• information about no criminal record;
• information that the citizen was not deprived of the rights of a parent, was not removed from guardianship, or was not deprived of the status of an adoptive parent;
• has no illnesses that prevent the possibility of receiving a child;
• wishes for the child’s candidacy;
• date and signature.

The documents are reviewed by the commission and a decision is made. A more positive decision is formalized in the form of a conclusion. Its shape is fixed.

A negative decision is issued in the form of a municipal order. The document can be challenged in court within 10 days.

Child selection

The most difficult step in adoption is selecting a child. The citizen must independently carry out actions aimed at searching.

Important! The conclusion contains information about the candidate’s wishes regarding the child’s candidacy and the number of minors who can be transferred to the family.

The law prohibits the family arrangement of siblings (blood brothers and sisters who were raised together) in different families. The exception is children who would be separated when placed in orphanages for health reasons.

Basic search methods:

• websites of guardianship departments;
• websites of regional organizations on family arrangements (for example, Stork Day in Novosibirsk);
• websites of orphanages;
• federal adoption website Usynovite.ru;
• district guardianship departments;
• regional operators of a data bank on orphans;
• federal operator of a data bank on orphans.

Important! There is no need to obtain information from unofficial sources (on social networks, on third-party sites).

To find a child you need to be active. Waiting in line at the child welfare department can take years. The situation is especially difficult with newborns and children under 3 years of age.

Candidates are often interested in the question of where to take a small child. To do this, you need to register with the guardianship departments, on the territory of which there are maternity hospitals and baby homes. Moreover, a citizen can apply to any region of the Russian Federation.

Getting directions

Let's look at how to start the search process. It is prohibited for candidates to apply directly to maternity hospitals, orphanages, shelters and other organizations where children are directly located. You can only search for a child remotely. Before dating, you need to get a referral.

You can obtain the document:

• in the guardianship department on the territory of which the organization is located.
• from the regional data bank operator;
• from the federal data bank operator.

The referral is currently valid for 10 days. The document is issued only for 1 child; if brothers and sisters are subject to placement, then one referral is issued for them.

The document can only be issued if the candidate's wishes correspond to the child's candidacy. For example, imprisonment for a girl aged 3 to 7 years. The guardianship department will refuse to issue a referral for a boy or girl of a different age.

Advice. When drawing up a conclusion, it is advisable to indicate a child of any gender with the widest possible age gap. For example, from 0 to 7 years.

If a citizen was unable to visit the child, then the document can be extended for another 10 days. Quarantine in an institution or hospitalization of a child or candidate is considered a valid reason.

During the dating process, it is necessary to study the child’s personal file, medical record and establish contact. The candidate has the right to insist on an independent medical examination of the minor. The costs of conducting research are borne by the applicant.

Registration of consent

If contact between the child and the adoptive parent is established, the citizen must give consent to the guardianship department. Information must be provided no later than 10 days from the date the referral is issued.

After consent is given, information about the child is deleted from the data bank. Meeting other candidates is no longer possible.

Punishment under the Code of Administrative Offenses of the Russian Federation

If the act was committed for the first time and without a mercenary motive, then a protocol on an administrative offense under Art. 5.37 Code of Administrative Offenses of the Russian Federation. All participants who have committed a deliberate violation of the procedure - parents, potential adoptive parents, officials, as well as legal entities - can be held accountable under this rule.

The only penalty applied is a fine, which will differ for the following categories of violators:

• individuals (1000–2500 rubles);
• officials (4–5 thousand rubles);
• legal organizations (200,000–500,000 rubles).

The difference between the adoptive parent and the adopted child must be no less than

Adoption into Christ. understanding, this is a new position of the redeemed sons of God, who have received the Spirit of U., through which they can cry to God: Abba, Father! (Rom 8:15; cf. v. 9). Thus, they are no longer subject to the slavery of the Law (Gal 4:5 et seq.; see Male, female slave, ... ... Brockhaus Biblical Encyclopedia

ADOPTION is the adoption of children who have lost parental care, with the establishment of legal (personal and property) relations existing between parents and children between the adopted child and the adoptive parent. According to Russian law, adoption is allowed... ... Big Encyclopedic Dictionary

What is adoption from a legal point of view?

Adoption is a procedure that involves the complete transfer of the rights and responsibilities of parents and children to the adoptive parents and adoptees, respectively.
According to the law, parents undertake to provide the child with food, clothing, education, as well as fulfill financial obligations to him and guarantee a decent existence. Adopted children, in turn, also have separate obligations to their adoptive parents. Until they reach the age of 18, they are obliged to take into account in their actions the opinion of the parents who are responsible for them. After reaching adulthood, responsibilities include caring for seriously ill and disabled loved ones, if required.

Thus, adoption presupposes the same rights and obligations as between natural parents and children, but here the presence of consanguinity is not necessary. A relative of the child can also become an adoptive parent if he meets the established criteria.

Minimum and maximum age of adoptive parents: up to what age can you adopt a child?

If adults are aware of the responsibility that guardianship represents in adulthood, then, with a strong desire, all conflicts can be resolved with the help of psychotherapy, which will ensure the creation of a strong, happy family.

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Children approaching the age of 10 become vulnerable to public attention. Accordingly, when others begin to notice an unnatural difference in the ages of the parents and the warded offspring, they may begin to annoy you with uncomfortable questions or ridicule.

Exceptions to the rule

However, in Art. 128 of the RF IC states that sometimes a slight deviation from the minimum age difference between the child and the adoptive parent is allowed. But specifically such cases are not described there. Whether the situation is controversial or not can only be determined by the court. As judicial practice shows, exceptions are permissible in the following cases:

1. if the candidate for adoptive parents is the child’s closest relative (aunt, uncle) and at the same time his age difference with the child is slightly less than the minimum threshold established by law.
2. if the potential adoptive parent has a very decent financial situation and is able to provide the child with everything necessary.
3. when a married couple wants to take a baby into the family, where the age difference between the husband or wife and the child is slightly less than 16 years. A similar situation is when a child is adopted by his stepfather or stepmother.
4. other circumstances that the court considers exceptional.

Briefly about guardianship

The most popular form of placement for orphans in Russia is guardianship (Chapter 20 of the RF IC). It is established for minors aged 0 to 13 years. The main condition for the appointment of guardianship is that the child has no parents or is unable to fulfill their duties.

Grounds for appointing guardianship

Important! The district guardianship department at the place of residence of the minor assigns him the status of a child deprived of parental care. Transferring children without status to a foster family is prohibited

Guardianship is provided free of charge or for a fee. Free guardianship is assigned to relatives. Paid guardianship is carried out under a foster family agreement and is considered a professional form of placement.

Guardianship is appointed by a resolution of the district guardianship department for a certain period. As a rule, until the ward’s eighteenth birthday.

The guardian bears full responsibility for the safety of the child's property. He receives and spends the money of the ward (benefits, alimony, pension) for the needs of the ward. The citizen annually reports for the expenses made to the regulatory authority.

A minor has the right to have one guardian. The appointment of the second is provided for by law in exceptional cases. Therefore, when living in a foster family, only the guardian has rights and responsibilities in relation to the child. His spouse has no right to represent the interests of the ward.

Guardianship Information

Guardianship (Chapter 20 of the RF IC) is a family form of placement for orphans from 14 years of age until emancipation or adulthood. Appointed by the district guardianship authority for minors who have the status of deprived of parental care.

The requirements for a trustee are similar to those for a guardian. Guardianship and trusteeship are regulated by general law. Among them:

• Family Code of the Russian Federation;
• Civil Code of the Russian Federation;
• Government Decree No. 423 of 2009;
• Law No. 48 “On Guardianship” of 2008;
• Order of the Ministry of Education and Science No. 101 of 2015.

The ward has limited legal capacity and can independently make transactions with his property with the consent of the trustee, as well as manage personal funds (salary, stipend, fee).

The non-property rights and obligations of a trustee and ward are identical to those arising from guardians. If a child has been placed under guardianship, then upon reaching 14 years of age, she is considered under guardianship. For this purpose, a separate act of the local government body is not issued.

The best age for a child to be adopted into a family

Adoptive parents are often faced with the question of what age is the best for a child to be adopted, so that his adaptation into the family is as painless as possible. In fact, each age period has its own positive and negative features, as the child grows, his perception of others changes, his own opinion appears, and it can change over the years.

But still, the best moment is considered to be the age of 3-7 years, during this period it is easier for the child to perceive the values, rules and foundations of the new family. The baby easily gets along with new parents. The worst period for adoption is adolescence (12-15 years), since it is during this period of development that personality formation occurs, which leads to protests against all possible foundations, which leads to frequent conflicts in the family.

Problems of adoptive parents

After a child is placed into a family, some adoptive parents have problems. Among the main ones is the health of the baby. To rule out problems, it is recommended to do an independent medical examination in advance, which is permitted by law.

Some parents believe that adopted children may have bad heredity, because often minors brought up in families of alcoholics, drug addicts, etc. are sent to state institutions. But psychologists say that under favorable conditions of upbringing and socialization, such children grow up to be quite successful people. In order for the child’s adaptation to the new family to go well, it is recommended to contact a child psychologist.

Adoption: age of the child and future parents

People to whom God has not given children of their own often think about adopting one or more children.

Such couples most often find out whether there is an age limit for adoption and whether it is possible to adopt a child from the maternity hospital?

But in addition to the desire to hold a newborn baby in their arms, future parents must consciously take into account their physical and moral reserves, because the fate of the baby depends on their choice.

Bypass the ban

In their desire to be together, despite any prohibitions, people strive to circumvent the law.

Already, employees of the Civil Registry Office will cancel the application of such a couple if it is received.

What to do? Cancel the adoption. This is the only legal way to formalize a marriage between an adoptive parent and an adopted child who has reached the age of marriage.

In this sense, adoption has undeniable advantages over consanguinity - it can be terminated. And the grounds for this procedure are not specified by law.

The decision to terminate the adoption is made by the institution that deals with the matter in the presence of the adoptive parent. An employee of the guardianship authority must take part in the meeting.

Many citizens who have once drawn up a guardianship and trusteeship agreement by decision and consent of both parties eventually decide to adopt. You can legally become parents only by court decision

It is important to respect age restrictions. But the court sometimes goes beyond them

Age of adoptive parents and adoptees

Only adult citizens can be adoptive parents. There are no other age restrictions provided for by law - it all depends on each specific situation. Thus, a forty-year-old couple will find it much more difficult to cope with a newborn or a younger child than a couple under 30-33 years of age. Both physiological and psychological factors come into play here. Older couples should understand that in a few years the child will enter adolescence and raising him will require more strength and patience, so they should initially focus on older children. In the same way, young couples who adopt a teenager run the risk of not being able to cope with his upbringing, since this requires having a strong character and a firm position in life.

As for the requirements for the age limit for adoptees, the maximum limit is eighteen years old. There is no lower limit - a child is allowed to be adopted from the moment of his birth.

If a couple has doubts whether they will cope with the adopted child or not, then they can first take custody of the child. In this case, the state will provide them with additional support in the form of financial assistance, various benefits, etc.

The procedure for establishing paternity at the age of majority

Today, there are two ways to establish paternity, even if the child is an adult, that is, forced recognition of paternity in court and voluntary recognition.

Some men, after many years, decide to recognize their children, so the question immediately arises: is it possible to adopt an adult child and what is needed for this? Quite often there are cases when a man finds out very late that he has a child and wants to document his relationship with him. Usually such cases occur after the death of the mother, an accident with the child, or for other important reasons.

However, to establish paternity, one important nuance is necessary - after the child comes of age, the father must provide the court with his written consent to carry out this procedure.

Another common question remains: is it possible to adopt an adult incapacitated child?

This procedure is possible, but requires permission for adoption from the guardian. According to the law, the court can refuse the father to register his paternity, even if there are facts confirming the relationship. Refusal is issued without explanation.

Usually paternity of a child is established after the consent of his mother, however, there are some reasons why the fact of paternity is established unilaterally, this happens after the death of the mother, if she is declared legally incompetent, is missing or is deprived of parental rights.

Unilateral recognition of paternity occurs only after the consent of the guardianship authorities, therefore a certificate from this service must be attached to the package of documents.

If the father has died, then his relationship with the adult child is established in court. Events in this situation are developing according to two schemes.

In the first case, the court has evidence that the deceased father recognized his child during his lifetime. After this, the establishment of kinship proceeds according to the standard procedure and does not create problems. In the second case, the deceased father did not recognize the child during his lifetime, so there is no evidence of their relationship.

Guardians, parents and the child will have to collect any evidence that will help establish paternity. For example, this may include photographs, documents, witness statements, certificates from authorized bodies and other facts.

However, if the court decision was in favor of the parents, then it is necessary to find a special approach to independent children, whose personality has already been formed. After all, a child cannot immediately get used to a new fact and the appearance of a new loved one in his life.

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Adults must understand that they have taken into the family an adult who still has his own pattern of behavior, habits, thinking, and way of life, so it is necessary to stock up on patience, affection, care and love in order to melt the heart of a capricious child. You may need the help of a psychologist to establish a warm relationship. However, this is a necessary measure if parents reach an impasse when communicating with a difficult teenager.

Only in a loving, full-fledged family will a balanced, full-fledged person grow up who can build his life correctly and rely on his parents. If an adult son or daughter ends up in a family where the father or mother is not their own, then the attitude towards him should only be good. After all, there is no difference between adopted and natural children; everyone makes the decision to adopt deliberately, and therefore must be responsible for their actions.

1. The age difference between the unmarried adoptive parent and the child being adopted must be at least sixteen years. For reasons recognized by the court as valid, the age difference may be reduced. 2. When a child is adopted by a stepfather (stepmother), the age difference established by paragraph 1 of this article is not required.

Commentary on Article 128. 1. Adoption is permitted solely in the interests of the child (see Article 124 of the Family Code and the commentary thereto), therefore adoptive parents (adoptive parents) can be persons who have the necessary qualities of a teacher. In accordance with Article 127 of the Family Code, adoptive parents can be persons of both sexes who have reached the age of majority, i.e. 18 years. Based on the exact meaning of the law, emancipated minors cannot be adoptive parents, although due to emancipation they are recognized as fully capable (Article 27 of the Civil Code). 2. In order to ensure the interests of children, the insurance company increases the requirements for future adoptive parents. Such requirements were provided for by previous legislation. Now their list has been significantly expanded. Along with persons deprived of parental rights, incompetent or with limited legal capacity (Article 99 of the Code of Laws), spouses cannot adopt a child, one of whom is recognized by the court as incompetent or with limited legal capacity; persons limited by the court in parental rights (see Article 73 of the Family Code and commentary thereto); former guardians, trustees and adoptive parents, if through their own fault they improperly raised the child (Article 39 of the Civil Code, Article 140-141 of the SK - see the commentary on them), as well as persons suffering from diseases that do not allow them to raise child or are dangerous for the child himself. Their list was established by the Government of the Russian Federation (Resolution No. 542 of May 1, 1996). These diseases include: tuberculosis (active and chronic) of all forms of localization in patients of groups I, II, V of dispensary registration; diseases of internal organs, nervous system, musculoskeletal system in the stage of decompensation; malignant oncological diseases of all localizations; drug addiction, substance abuse, alcoholism; infectious diseases before removal from dispensary registration; mental illnesses in which patients are recognized in accordance with the established procedure as incompetent or partially capable; all diseases and injuries that led to disability of groups I and II, excluding the ability to work. A certain age difference between the adoptive parent and the adopted child is also required. This difference should correspond to the normal age difference between parents and children and ensure normal family relationships. In accordance with Article 128 of the Family Code, the age difference must be at least 16 years. If a child is adopted by a stepfather (stepmother) or both spouses, the age difference does not play any role. If there are good reasons (the child considers the adoptive parent to be his blood parent, is attached to the adoptive parent, etc.), the court establishing adoption may allow adoption even if there is a smaller age difference between the adoptee and the person wishing to adopt him. 3. The absence of legally established obstacles to adoption does not in itself mean that a person who has expressed a desire to become an adoptive parent should be allowed to do so in all cases. Since adoption is carried out only by decision of the competent government authority and solely in the interests of the child, a request for adoption can only be granted if the authority is fully convinced that the adoption will meet its immediate goals. When deciding on the admissibility of adoption in each specific case, the personal qualities of the adoptive parent, the state of health of not only him, but also the family members living with him, the relationships that have developed in the family, the relationships that have arisen between them and the child, as well as the material and living conditions of future parents are taken into account. adoptive parents. These circumstances are equally taken into account when adopting a child by both strangers and close relatives. 4. A child can be adopted by spouses or by one person. As a result of adoption, a child becomes a member of a family, the fullness of which presupposes that the child has a father and a mother. Therefore, it is desirable that the adoption be carried out by spouses (persons who are in a registered marriage), or the husband of the child’s mother (stepfather), or the wife of his father (stepmother). The law also allows for the adoption of a child by one of the spouses (see Article 133 of the Family Code and the commentary thereto) and by single persons - a man or a woman. The latter can be both the child’s relatives and strangers. However, unlike the CoBC, Article 127 of the Family Code does not allow the adoption of a child by two persons who are not married to each other.

What is the difference between an adoptive parent and an adopted child?

At the same time, just as happens with ordinary modern families, the parental rights of every person who decides to accept a new member of his family are terminated when the child reaches the age of majority, and also in the event that teenagers under 18 years of age have entered into a legal marriage. Adoptive parents do not have the right to cause harm to the physical and mental health of their children, and in particular, their moral development. It is recommended that they take due care in choosing the right parenting method.

The words “adoptive parent”, first of all, mean a person who, due to the presence of an appropriate desire, seeks to adopt an outsider. By the way, the last one will be the so-called adopted child. The adoption procedure itself, at this moment in time, acts as a certain form of family education for those children who, due to a combination of certain circumstances, were deprived of parental attention. In her case, there are some nuances.

Age limits for adoptive parents.

The Family Code in Article 127 regulates the general rule: you can only adopt a child from the age of 18.

Men and women have the right to become adoptive parents after reaching adulthood. This is the lower age limit. The upper limit is not established by law.

It all depends on individual characteristics.

• Can an elderly person support a child?
• What is his health status?
• What are the conditions for raising a child?
• Other reasons for adoption.

As a rule, older people decide to adopt when it comes to grandchildren, or other relatives and friends left without guardianship.

In addition, there are other requirements for persons who want to become adoptive parents.

This is a requirement for a clean criminal record and the absence of cases of deprivation of parental rights. It is important what the income of the potential adoptive parent is.

The guardianship authorities will require a certificate from the hospital. A person with a serious illness cannot become an adoptive parent; it is not safe for the child.

Also, two people cannot become adoptive parents at once if they are not married.

Who can adopt a child in Russia: requirements for adoptive parents

Any citizen of the Russian Federation who wishes to adopt a child must submit a package of required documents to the relevant government authorities.

A citizen must meet the requirements established by law for all candidates, they are as follows:

1. the person expressing a desire to adopt a child must be an adult;
2. the gender of the candidate does not matter. Not only a woman, but also a man can take a baby from a maternity or orphanage.

In other words, persons of both sexes who are over eighteen years old can become adoptive parents, except for the following categories of citizens:

1. a person who has been declared incompetent or partially capable by a court cannot apply for the adoption of a particular child, since he cannot even take care of himself;
2. A husband and wife, one of whom has been declared incompetent or partially incompetent by a court, also cannot become adoptive parents;
3. persons deprived of parental rights by a court decision. This should also include citizens who have limited rights to their own or adopted child;
4. citizens removed from the duties of a guardian and trustee. Especially if this happened due to improper fulfillment of the duties assigned to them by law. Such people will no longer be able to apply for adoption or guardianship;
5. former adoptive parents, if their direct responsibilities towards minor citizens were canceled or cancelled. We are talking about cases where this happened solely through the fault of the adoptive parents;
6. people who, at the time of adoption, do not have a permanent job and income. As a rule, in order to adopt a child from a maternity or orphanage, you must have a salary or income that allows you to provide the child with a living wage. A minor child must receive sufficient maintenance. Each territory of the Russian Federation has its own subsistence level, from which the amount necessary for the maintenance and upbringing of an adopted child is calculated;
7. citizens who do not have a permanent place of residence cannot take care of a child who is not yet eighteen years old;
8. persons who have a criminal record or are facing criminal prosecution. In this case, we are not talking about those people whose criminal prosecution was terminated on exonerating grounds and circumstances. If a person has been punished in prison for committing a crime against the life and health of other people, then he cannot apply to adopt a child. This should also include other crimes relating to honor and personal dignity (except for illegal placement in a psychiatric hospital, slander, insult). This category of serious crimes includes offenses against sexual integrity, sexual freedom of a person, family, minors, public health and public morality, as well as against public safety;
9. Citizens of the Russian Federation who have an unexpunged or outstanding conviction for serious and especially serious crimes cannot yet become adoptive parents;
10. persons who have not been trained as foster parents. It is mandatory;
11. a person who is in a union concluded with a member of the same sex;
12. people who have serious illnesses included in the list of illnesses in the presence of which the adoption procedure cannot be carried out.

Criteria for applicants to adopt a child

In order to take on the responsibility of parenting, a person must have decent moral character and be able to take care of himself and minors.

The first criterion that must be met is age. You must reach the age of majority. In this case, it means reaching the age of 18 years. If a candidate has become an adult ahead of schedule, due to employment under an employment contract or due to the onset of paternity or maternity, then the court often considers this an insufficient basis and postpones the issue of adoption.

Only adult citizens can be adoptive parents

This requirement is necessary because under the age of 18 a person cannot always take care of himself. Earn money and support a child. But according to statistics, people of a more mature age resort to adoption when they realize that they cannot have their own children or that they are ready to take responsibility for the life and well-being of another.

Another condition is the ability to adequately behave and react to reality, and be responsible for one’s actions. That is, the candidate must be recognized as fully capable. This is confirmed by medical certificates.

Can HIV-infected people adopt a child?

At the moment, judicial practice is such that people suffering from HIV are regularly refused in a fairly categorical manner.

The proposed bill will allow courts to take a balanced approach to consideration of cases related to adoption. For example, it is proposed to allow adoption for those who already live in the same living space with a minor child.

In this case we are talking about close relatives. But people with HIV are still prohibited from adopting children from maternity and orphanages.

If a negative response from the guardianship authorities regarding the adoption of a minor child is received, all documents will be returned to the candidate. The procedure for appealing the decision must also be explained to him.

Adoption is a responsible process that represents the establishment of a family relationship between the mother (father) or both spouses with a minor child. In order to become foster parents, you must meet eligibility requirements.

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Before submitting documents to the relevant government authorities, you should familiarize yourself with information about what a potential adoptive parent should be like. This will help you prepare for the procedure to avoid failure.

Age criteria for an adoptive parent

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

Regulatory regulation of the issue of adoption of a child is contained in Chapter. 19 of the Family Code of the Russian Federation. Art. 127 of the RF IC establishes the need to reach the age of majority to obtain a conclusion on the possibility of being a candidate for adoptive parents.

There is no maximum age level for a substitute parent. If a citizen meets the established requirements, he can reach both 60 and 70 years of age.

The key condition is compliance with the requirements established by law.

Important! An important condition for adoption is that the adoptive parent reaches the age of majority. An emancipated citizen cannot be a substitute parent, although he is endowed with full legal capacity

Age criteria for an adoptee

Family arrangement is possible only in relation to minors (Article 124 of the RF IC). Therefore, the adoptee must be between 0 and 18 years of age.

Moreover, upon reaching 10 years of age, the child independently decides whether he wants to be placed in a foster family. The exception is the situation when a minor lives in a family and considers the adoptive parents to be their blood mother and father.

The law does not provide for the possibility of adopting an unborn child. Therefore, a prerequisite is the birth of a baby and registration of his birth.

When the person being adopted reaches 18 years of age, family placement is prohibited. Moreover, the court decision on adoption must enter into legal force 1 day before the child reaches adulthood.