Adoption of a wife's child - procedure and list of necessary documents for the procedure (sample application)

It happens that a man comes to a family consisting of a mother and her child. He becomes the mother’s husband and the actual father of the baby: he takes care of him, supports him, teaches him, treats him. In a word, he performs a whole range of parental responsibilities. The child gets used to the fact that his mother got married again, calls the new family member “dad,” and trust and true affection arise between them.

The adoption by a stepfather of a child of his wife from his first marriage is a widespread phenomenon.

A new happy family is created, which is often cemented by a second, already common, child. However, legally a man is not endowed with any rights in relation to his stepson or stepdaughter, which sometimes gives rise to a lot of problems. Therefore, adoption by a stepfather of a wife’s child from her first marriage is a widespread phenomenon if a woman has remarried.

What grounds can there be for registering paternity?

Important! Please keep in mind that:

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

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What reasons could there be? Before you start collecting documents and writing an application to the court, you should make sure that you are suitable for registration of paternity. There are several points that a citizen should think carefully about before contacting the guardianship authorities:

• the most important thing is the man’s desire to become a father for his wife’s child from his first marriage (he must support his desire with actions that will be taken into account by the guardianship authorities);
• the candidate for the role of the future father must meet all the criteria provided by law (a separate section is devoted to this below);
• voluntary consent of the natural father.

The last point should be dealt with in more detail, since it has its own nuances:

1. The father's consent is required if he takes an active part in the child's life, spends time with him regularly, and also pays child support in full. If all these points are fulfilled by the father, then the applicant for adoption should ask the natural father for written permission, which must be notarized.
2. If the natural father is not interested in his child in any way and does not help him either morally or financially, then the court may omit this requirement. That is, when registering paternity, permission documents from the father will not be required.
3. If the natural father is not listed in the document as one of the parents (that is, the child is raised by a single mother), then his right to the child is also not considered by the court and is not taken into account, since in fact such a parent is not legal.

Worth knowing! If the natural father has given written consent to the adoption of his child by another man and has this document notarized, then he may not be in the courtroom during the adoption trial. A sample agreement can be found below.

If a foreigner (a person without Russian citizenship) applies for adoption, then you should know that the documents must be correctly executed, translated into Russian and certified by a notary. Otherwise, the guardianship council and the court will not consider these papers.

My own father's opinion

Blood father and mother are equal before the law from the point of view of exercising parental authority. Therefore, if their baby is adopted, the consent of both is required. You can revoke your permission at any time before the court makes a final decision. The parent has the right to name a specific person to whom he wishes to transfer parental status.

Question:

What form of parental approval is required by law?

Answer:

According to Art. 129 of the Family Code, the father’s consent can be in written or oral form. In the first case, you should prepare an application and have it certified by one of the suitable structures - a notary office, a local public organization, or the head of a specialized government agency. It is allowed to express one's position orally directly at the court hearing.

A simplified procedure is provided for a single woman. If she is a single mother and has the appropriate official status, the father's consent will not be required. Indeed, from a legal position, such a woman independently performs all parental tasks and bears the burden of providing for the family.

Where to start adopting a wife's child from her first marriage?

Where to start adopting a wife's child from her first marriage? The first thing to do is write and submit an application to the guardianship and trusteeship authorities. You can familiarize yourself with an example of an application, write it and submit it directly to the guardianship authorities.

If you are truly interested in a positive result, then do not be lazy and personally visit the officials who will deal with your case. Get to know them and tell them your intentions. This action will show that you are actually interested in the progress of the case.

The legislative framework

The procedure and conditions for the adoption of children are regulated by law and prescribed by the nineteenth chapter of the Family Code of the Russian Federation, as well as by Government Decree No. 275.

If a Russian citizen marries a citizen of another state with a child (also a citizen of another state), then the conditions and procedure for adoption are regulated by the Federal Law “On Citizenship of the Russian Federation” dated May 31, 2002, number 62-FZ.

How to register the child of a common-law wife?

How to register the child of a common-law wife? The whole point is that adoption imposes certain obligations on a man and a woman, and if before that they could afford to live as they wanted, then at the time of adoption they should decide on the issue of marriage.

A marriage certificate is one of the documents that must be submitted to the court to establish paternity. Otherwise, he will not consider this case.

In general, the list of documents, as well as the procedure for adopting a child of a common-law wife, is no different from adopting a child of a legal spouse. Only the first step should be for common-law spouses to enter into an official marriage. To do this, you need to submit an application to the registry office.

Another question is when a civilian family gave birth to a child and immediately registered him in the father’s surname. Here the question of marriage is posed differently (it is not obligatory) and depends on the wishes of the spouses.

If the new spouse is a foreigner

The assumption by a foreigner of obligations to care for a child who is a citizen of the Russian Federation is characterized by certain features. This procedure is carried out taking into account Art. 165 of the Family Code. If the family lives in Russia, the procedure provided for Russian citizens applies. If the spouse lives outside the Russian Federation, control over compliance with the rights and interests of the minor is carried out by competent institutions and consulates in accordance with current international treaties.

Criteria that the applicant must meet

The criteria that the applicant must meet are provided for by law and are strictly controlled when making a decision. The future adoptive parent must:

• have a stable income (good job with high earnings to fully provide for the family);
• do not have bad habits (alcohol, drugs, gambling and other hobbies);
• have good characteristics not only from the place of work, but also at the place of residence;
• be completely healthy, if the future stepfather suffers from chronic diseases, then the court may refuse adoption (more detailed information about this document will be contained below);
• not have a criminal record or criminal cases brought against him.

If at least one of the points does not meet the criteria, the court will refuse the adoptive parent. Also, the guardianship authorities can cancel the adoption of a child if they are not satisfied with the applicant. There may be various reasons for this, an incomplete package of documents, living conditions do not meet the required characteristics and other reasons provided for by law.

Legislation

To understand the question of whether a single mother can adopt a child from an orphanage, it is necessary to study the legislation.

What documents are needed to adopt a wife's child?

What documents are needed to adopt a wife's child? The first thing you will need from the list of documents is a statement written by the future adoptive parent. In addition to this paper, you will need to prepare the following documents:

1. Certificate of good conduct (this document is issued a month after the request, and is valid for six months). The certificate can be issued online on the State Services portal.
2. A medical certificate confirming that the future adoptive parent is healthy both physically and mentally.
3. It is also worth taking a certificate of income from the applicant’s place of work.
4. An extract from the house register (this information confirms the fact that the person is registered and lives at this address and has a permanent place of residence). This point is very important, the court pays special attention to it.
5. Characteristics/autobiography from the place of work, which will be signed by the boss and certified by his seal.
6. Medical certificate for the child being adopted (this paper is taken from the child’s outpatient card). Please note that the form for filling out this certificate must be issued by the guardianship and trusteeship authority. The document is signed by a medical commission consisting of three people.
7. Written consent from the mother of the child being adopted.

About the status

Single mother status is granted on the basis of the absence of the father. This fact must be reflected on the child’s birth certificate. The column in which dad fits in should be empty. And if the father is included in the document, it is only based on the words of the mother.

It should be borne in mind that divorced women are not single mothers. And also if the father is written on the certificate and this fact is legally confirmed, the status is not assigned.

How to get a?

Single mother status is reserved for those who have children and the presence of a father has not been officially confirmed. That is, when the father does not officially recognize the child.

But it should be taken into account that if a child was born within 300 days after the divorce or death of the husband, then the status is not assigned.

It is necessary to obtain a certificate in form 25 from the civil registry office. On its basis, social protection issues a certificate confirming the status. In the future, it will be used to apply for benefits and allowances.

Privileges

We suggest you read: How to force your ex-husband to pay alimony for a minor child
As for benefits, a single mother is entitled to compensation payments only in some regions of the country. But benefits for single women are mandatory for those who have adopted children.

Thus, according to Federal Law of the Russian Federation No. 349, adoptive parents have the right to receive certain types of benefits and allowances:

• 8,000 rubles – a one-time payment provided when the child is handed over to the adoptive parent;
• monthly childcare allowance for children up to one and a half years old.

According to Law 81-FZ, the state provides a payment in the amount of 100,000 rubles if:

• the adopted child is disabled;
• child over 7 years old;
• the child has a blood relationship with the adoptive parent.

Also in some regions monthly payments are provided.

The grounds for deprivation of parental rights of a single mother are determined by current legislation.

Is maternity capital given to single mothers? See here.

What is the procedure for filing documents to adopt a wife’s child?

What is the procedure for filing documents to adopt a wife’s child? This procedure involves going through two authorities that the future parent needs to visit, and this is in addition to collecting documents.

Guardianship and trusteeship authorities (where you write a statement, and submit the collected documents to this authority as well). The guardianship authorities, after submitting the application, draw up an act that indicates:

• an act of checking the housing where the child will live with the adoptive parent and mother;
• medical certificate (entry from the child’s outpatient card) about the child’s physical and moral health;
• the child’s consent to adoption and change of surname (if the person is already 10 years old).

The next body where the applicant files a claim is the court.

When the guardianship authorities have already given their consent to the adoption, they are satisfied with all the papers, including an autobiography, which, most likely, will also have to be provided, the applicant can write a claim to the court.

Where can I get a medical certificate?

Where can I get a medical certificate? This is one of the frequently asked questions in the guardianship authorities. The paper is issued at the applicant’s place of residence. You need to start with a visit to a therapist. The doctor will refer the citizen to the right doctors. If the applicant passes all the doctors and turns out to be healthy, then he will be given a document-conclusion, which will indicate that there are no obstacles to adoption. There are a number of diseases that make it impossible to obtain guardianship:

• tuberculosis;
• drug addiction (or alcohol addiction);
• mental disorders;
• chronic infections that do not go into remission;
• any cancer;
• Disability groups 1 and 2.

Statement of claim to court

A statement of claim to the court is drawn up after the approval of the guardianship council. The claim must comply with all the requirements of Art. 270-271 Code of Civil Procedure of the Russian Federation. What should a statement of claim look like:

1. Full name, place of residence of the applicant and child.
2. Consent of the biological father, certified by a notary (or indicate the father and what he is ready to testify in court).
3. Certificate of marriage with the mother of the child they want to adopt.
4. Next should be information about the adoptive parent’s lack of criminal record and availability of living space, a positive medical certificate, information about income, characteristics from the place of work and residence.
5. If the applicant has natural children, they should be mentioned by indicating their full names.
6. A request to change the child's surname, if required, to the applicant's surname.

The claim with documents should be filed at the place of residence of the adoptive parent or at the place of registration of the adoptee.

Requirements for a candidate

The stepfather-adoptive parent must meet legal characteristics. These criteria are provided for in Art. 127 SK. The conditions for obtaining approval are as follows:

• majority;
• full civil capacity;
• no criminal record;
• a satisfactory state of health, which gives the physical ability to care for other subjects;
• availability of a registered right to use housing or ownership of residential real estate;
• no past cases of deprivation of parental rights, removal from guardianship or trusteeship.

The legislator also requires applicants to confirm that they have received sufficient income to support their family and to undergo a special program to prepare citizens who have expressed their intention to raise a child. However, these rules do not apply to stepmothers and stepfathers who are adopting minors.

Litigation for the adoption of a wife's child from her first marriage

The legal process for the adoption of a wife's child from her first marriage can only be closed. It only contains:

• applicant;
• the child’s natural parents (if the father refused to be present in the courtroom, then consent to adoption from him in documentary form);
• a child, if he is 14 years old (sometimes, in controversial cases, the court allows the presence of a child over 10 years old, accompanied by a psychologist who can be provided by the guardianship authorities);
• prosecutor;
• one of the representatives of the guardianship authorities.

The court hears the plaintiff, the guardianship council, and if necessary, the court can also hear the child (for this, a psychologist must be present in the courtroom; this employee is provided by the guardianship authorities). Next, the court will review the documents and render its verdict.

After the court makes a decision, you will be issued an adoption certificate. A sample of it can be found below.