Since the publishing of “Adopting in Russia” in September 2002, a Code of Civil Procedure of the Russian Federation was enacted. This new Civil Procedure Code was enacted on November 14, 2002 effective February 1, 2003. The changes that have affected the adoption procedures are very minor but I felt it necessary to publish these changes for all of my readers so you can have the most current information in the Law as it pertains to adoption.

Also on December 28, 2004 the Federal Law of the Russian Federation “About the introduction of amendments to the Family Code of the Russian Federation” # 185 FL made changes to the Family Code of the Russian Federation. Effective January 10, 2005.

The following Articles shown below reflect both minor word changes as well as additional language in the new Civil Procedure Code of the Russian Federation and amended Family Code of the Russian Federation. Some Articles simply changed numbers and may have had a slight word change that did not affect the overall meaning of the Law itself. Any important additions or changes to the both Codes have been noted in “red”.

(Excerpts)

Chapter 29 THE ADOPTION OF THE CHILD

Article 269. Filing an Application for adoption 
(Same content as Article 263.1 of former Code of Civil Procedure of the RF)

The citizens of the Russian Federation who wish to adopt the child shall file an Application for the adoption of the child with a District Court according to the place of residence of the child being adopted.

The citizens of the Russian Federation residing continuously outside the Russian Federation, or foreign citizens, or stateless persons wishing to adopt the child, who is a citizen of the Russian Federation, shall file an Application for the adoption of the child with a Regional Court according to the place of residence of the child being adopted.

Article 270. The contents of a Application for adoption 
(Same content as paragraph 1 of Article 263.2 of former Code of Civil Procedure of the RF)

Application for the adoption of the child shall contain the following information:

The surnames, names, and patronymic names of the adoptive parents (parent), and their place of residence;

The surname, name, patronymic name and date of birth of the adopted child, the place of his (her) residence (presence), the information about the natural parents of the adopted child and his (her) siblings;

The circumstances justifying the request of the adoptive parents (parent) for the adoption of the child, and the documents confirming these circumstances;

The request for the change of a surname, name, and patronymic name of the adopted child, the birthplace of the adopted child, his (her) date of birth (if the adopted child is under one year of age), the request for recording the adoptive parents (parent) as the parents (parent) in the child’s birth record 

Article 271. Documents enclosed with the Application for adoption
(Same content as paragraph 2 of Article 263.2 of the former Code of Civil Procedure of the RF)

1. The following documents shall be filed together with an Application for adoption:

1.1. A copy of the birth certificate of the adoptive parent, if the adoptive parent is single;

1.2. A copy of the marriage certificate of the adoptive parents (parent), if the adoptive parents (parent) are married;

1.3. The consent for adoption of the spouse, if the child is adopted by one of the marital partners, or the document confirming that the marital partners have stopped their family relations and haven’t been living together for more than one year. If it is impossible to add the appropriate document to the petition for adoption, the petition shall specify the evidence confirming these facts;

1.4. A medical report about the state of health of the adoptive parents (parent);

1.5. A verified statement from the employer about the job position and wages or a copy of the income tax return or other documents verifying the income;

1.6. The document confirming the right to use the living quarters or the proof of home ownership;

…1.7. The document confirming the registration of the citizens as prospective adoptive parents

2. If the child who is a citizen of the Russian Federation, is adopted by the citizens of the Russian Federation residing continuously outside the Russian Federation, or by foreign citizens or stateless persons, the documents specified in clauses 1 of the present article are required, and also the Homestudy report made by a specially authorized organization of the country of citizenship of the adoptive parents (or of the country of permanent residence if the child is adopted by stateless persons) about their living conditions and the possibility to be the adoptive parents; the permission for entry and permanent residence given to the adopted child by an authorized body of the appropriate State;

3. If the child who is a foreign citizen is adopted by the citizens of the Russian Federation within the territory of the Russian Federation, the documents specified in clauses 1 of the present article are required, and also the consent to adoption given by the legal representative of the child and by a authorized body of the country of citizenship of the child, and, if it is required according to the legislation of the said country and (or) under the International Treaty of the Russian Federation, the consent of the child to adoption. 

4. Documents of adoptive parents (foreign citizens) must be properly legalized. After legalization they should be translated into Russian and the translation must be certified by a Notary. 

5. All documents must be presented in duplicate.

Article 272. Preparation of the Case of adoption for a Court hearing 
(Same content as Article 263.3 of the former Code of Civil Procedure of the RF)

1. The Judge, while preparing a case for the Court proceeding, obligates the Bodies of Trusteeship and Guardianship, corresponding to the place of residence of the child being adopted, to present to the Court the report about the propriety and compliance of the adoption with the interests of the child being adopted.

2. The following documents shall be added to the report of a Body of Trusteeship and Guardianship:

2.1. The report on the examination of living conditions of the adoptive parents (parent) made by a Body of Trusteeship and Guardianship corresponding to the place of residence (presence) of the child being adopted or to the place of residence of the adoptive parents (parent);

2.2. The birth certificate of the adopted child;

2.3. A medical report on the state of health, and physical and mental development of the child being adopted;

2.4. The consent of the child being adopted, who is ten years of age or older, to adoption, and also to possible changes in his (her) name, patronymic name, and surname and to recording the adoptive parents (parent) as his (her) parents (except for the cases, when such consent is not required under the law);

2.5. The consent of the parents of the child to his (her) adoption (and if the parents of the child being adopted are under sixteen years of age, the consent of their legal representatives, and in their absence, the consent of a Body of Trusteeship and Guardianship) or the document confirming the presence of a condition, under which in accordance with article 130 of the Family Code of the Russian Federation the adoption of the child is allowed without the consent of his (her) parents;

2.6. The consent to adoption of the child’s guardian (trustee), the foster parents or the head of the institution, in which a child who has been left without parental custody is being held;

2.7. If the child is adopted by the citizens of the Russian Federation residing continuously outside the Russian Federation, or by foreign citizens or stateless persons who are not the relatives of the child, it is necessary to present the document confirming the availability of the information about the child being adopted in the State Databank of Children Without Parental Custody, and also the documents that confirm that the child’s information has been placed in the State Databank of Children for not less than three months and confirmation of impossibility of placing this child for custody in the family of the citizens of the Russian Federation continuously residing within the Russian Federation, or for the adoption by relatives of the child irrespective of the citizenship and place of residence of these relatives.

3. If necessary, the Court can request any other documents.

Article 273. Court Hearing on Application for adoption
(Same content as Article 263.4 of the former Code of Civil Procedure of the RF)

The Court considers cases related to the adoption of children at the closed hearing, with the obligatory participation of the adoptive parents (parent), a representative of a Body of Trusteeship and Guardianship the Prosecutor and also a child that has reached the age of fourteen years. When it is necessary, the Court may involve in the proceeding, the natural parents (parent), other interested parties, and also the child himself (herself) if the child is from ten to fourteen years in age.

Article 274 The Court decision on the Application for adoption
(Same content as Article 263.5 of the former Code of Civil Procedure of the RF)

1. The Court, having considered the Application for the adoption of the child, shall grant or dismiss the Application for the adoption. In case the Application is granted, the Court shall recognize a child as adopted by particular persons (person) and indicate in the Court decision information about the adoptive parents and the adopted child necessary for registration in the Body of Civil State Registration.

Court granting the adoption of the Application can refuse to grant a petition of the adoptive parents (parent) for recording them as the parents (parent) of the child in his (her) birth record, and also the request for the change in the date and place of birth of the child.

2. If the Application for adoption is granted, mutual rights and obligations of the adoptive parents (parent) and the child being adopted shall be established after the effective date of the Court decision of adoption.

3. A copy of the Court decision, which has rendered such Court decision, shall be transmitted by the Court to a Body of Civil State Registration corresponding to the place of issuing the Court decision within three days after the effective date of the Court decision for the state registration of the adoption of the child.

Article 275 Annulment of Adoption (New)

Consideration and the sanction of cases about Annulment of Adoption shall be performed according to the general rules of claim cases.

SECTION III

Chapter 40

PROCEDURE IN
CASSATION (APPELLATE) COURT

Article 336. The right to submit an appeal or report.
(Same content as Article 282 of the former Code of Civil Procedure of the RF)

The Court decisions of all Courts of the Russian Federation on first instance, except for the judgments of the magistrate, may be appealed by the parties and other persons participating in the procedure. The Prosecutor participating in the procedure can submit a report.

Article 283. The procedure of entering an appeal or report 
(Same content as Article 283 of the former Code of Civil Procedure of the RF)

1. The Court decisions of first instance, which have not come into effect, may be appealed according to cassation procedure:

1.1. The Court decisions of District Courts - to a Regional Court accordingly;

1.2. The Court decisions of Regional Courts – to the Supreme Court of the Russian Federation.

2. Appeals and reports shall be submitted through the Court, which has issued the Court decision.

Article 338. Time frame for Appeal or Report.
(Same content as Article 284 of the former Code of Civil Procedure of the RF)

An appeal or report can be made within ten days after the entry of the final Court decision. 

Article 339. The contents of an appeal or report 
(Same content as Article 286 of the former Code of Civil Procedure of the RF)

1. An appeal or report shall contain: 

1.1. The title of the Court, to which the petition for appeal or report is addressed;

1.2. The name of a person filing the appeal or report their address;

1.3. The notation of the Court decision, which is being appealed or reported against, and the Court, which has rendered this Court decision;

1.4. Request of a person filing the appeal or report, legal grounds why they consider the court decision;

1.5. The list of the written documents attached to the petition for appeal or report.

2. The reference of the person filing the appeal, to new evidence, which has not been presented to the Court of primary jurisdiction, is allowed only if he (she) has validated the impossibility of its presentation to the Court of primary jurisdiction.

3. A petition for appeal shall be signed by the person filing the appeal or by his (her) representative. A report shall be signed by the Prosecutor. The Power of Attorney or other document certifying the authorities of the representative shall be filed together with the petition for appeal made by the representative if there is no such authority in the case.

4. The receipt for Court fees must be enclosed with the Petition for appeal except with cases that have no requirements for a Court fee. (NOTE: Adoption cases do not require a fee).

(Excerpts)

With Amendments on December 28, 2004, # 185 FL
Effective from January 10, 2005

Article 122. The detection and registration of children who have been left without parental custody.

1. The officials of different establishments (preschool educational institutions, general educational institutions, medical institutions and other related facilities) and other persons who have the information about the children, specified in clause 1 of article 121 of this Code are obligated to inform the Bodies of Trusteeship and Guardianship corresponding to the place where the children are actually present.

The Body of Trusteeship and Guardianship is obligated within three days after the date of receiving this information to conduct the study of the child’s living conditions and, in case of fact-finding that there is the absence of parental custody or other relatives’ care, to provide the protection of rights and interests of the child up to the decision about the placement of the child.

2. Heads of educational institutions, medical institutions, establishments of the social protection of the population and other similar establishments, in which there are children who have been left without parental custody, shall inform about the child, The Body of Trusteeship and Guardianship corresponding to the place where this establishment is situated within seven days after the day they knew, that the child may be placed with a family.

3. The Body of Trusteeship and Guardianship must provide the placement of the child (article 123 of this Code) within a month after the date of receiving the information indicated in clauses 1 and 2 of this article. If it is impossible to place the child with a family, it shall transmit the information about this child to the appropriate Body of Executive Power of the subject of the Russian Federation after the expiration of the given period.

Within a month after the date of receiving the information about the child, the Body of Executive Power of the subject of the Russian Federation shall organize his (her) placement in the family of citizens living within this subject of the Russian Federation. In the absence of such possibility it shall forward the said information to a Federal Body of Executive Power appointed by the Government of the Russian Federation, for registration in the Federal Databank of Children Without Parental Custody and for the ministration in the following placement of the child in the family of citizens of the Russian Federation residing within the Russian Federation.

All Regional Databanks of Children Without Parental Custody, and the Federal Databank of Children Without Parental Custody together make the State (National) Databank of Children Without Parental Custody.

The procedure of the formation and use of the State Databank of Children Without Parental Custody is defined by the Federal Law.

4. Heads of the orphanage institutions and officials of the authorities indicated in clauses 2 and 3 of this article shall be made accountable in the statutory order for the non-execution of their duties, provided by clauses 2 and 3 of this article, and for giving a certainly doubtful information, and also for other actions, directed at concealment of the child from placement in a family.

Article 124. Children eligible for adoption.

1. Adoption is the priority form of the placement of children who have been left without parental custody.

2. Adoption is allowed in regard to children under 18 years of age and only in their interests pursuant to the requirements of paragraph 3 of clause 1 of article 123 of the present Code, and also considering the possibilities to provide children with a well-rounded, proper, physical, mental, intellectual and moral development.

3. The adoption of siblings by different persons is not allowed, except for the cases, when the adoption is in the best interests of the children.

4. The adoption of children by foreign citizens or stateless persons is allowed only in the cases, if it is obviously not possible to place these children with the families of citizens of the Russian Federation continuously residing within the Russian Federation, or for adoption to the relatives of the children irrespective of the citizenship and the place of residence of these relatives.

Children can be placed for adoption with the citizens of the Russian Federation continuously residing outside the Russian Federation, or with foreign citizens or stateless persons who are not the relatives of these children, after the expiration of six months following the date when the information about such children was received by the Federal Databank of Children Without Parental Custody as provided by clause 3 of article 122 of the present Code.

Article 127. Persons who may adopt

1. Persons of either sex who are eighteen years of age or older may be adoptive parents except for:

• persons recognized by Court as incapable or partially capable;

• marital partners, if one of them is recognized by Court as incapable or partially capable;

• persons having their parental rights removed by the Court;

• persons disqualified by the Court from their responsibilities of guardian (the trustee) for inadequate execution of the responsibilities assigned to them by the law;

• former adoptive parents, if a previous adoption was annulled by the Court through their fault;

• persons, who cannot realize their parental rights due to their state of health.

• persons, who at the moment of granting the adoption have no income providing for the adopted child the cost of living, determined in the subject of the Russian Federation where the adoptive parents (parent) live;

• persons who do not have a permanent place of residence;

• persons having, at the moment of granting the adoption, a previous conviction for an intentional crime against the life or health of human beings.

1-1. At the time of rendering the Court Decision on the adoption of the child, the Court has the right to recede from the conditions established by paragraphs eight and eleven, item 1 of the present Article, in view of the best interest of the adopted child and worthy circumstances.

1-2. The conditions established by paragraphs eight and eleven of item 1 of the present Article, do not refer to the stepfather (stepmother) of the adopted child.

2. Persons, who are not married to each other, cannot jointly adopt the same child.

3. If there are several persons wishing to adopt the same child, the priority right is granted to the relatives of the child provided that the requirements of clauses 1 and 2 of this article and the interests of the child being adopted are necessarily observed.

Article 135. The change of the date and place of birth of the adopted child

1. To ensure the privacy of adoption the date of birth of the adopted child may be changed at the request of the adoptive parent, but not more than to three months, his (her) birthplace may also be changed.

The change of the date of birth of the adopted child is authorized only if the adopted child is less than one year of age. For the reasons recognized be Court as valid, the change of date of the birth of the adopted child can be authorized upon adoption of the child who has reached the age of one year or older.

2. The change of the date and place of birth of the adopted child shall be incorporated in the Court decision of adoption.

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