Adoption in Russia is terminated in accordance with Art. 140 SK. The procedure is carried out by a judicial authority. The provision that determined the procedure for the abolition of adoption was in force before. This issue was regulated by article 111 of the CoBS. However, today the rules by which adoption is terminated in Russia have significant differences from the earlier ones. Let's consider them in more detail. 
Modern realities
In previous legislation, adoption of a child authorized by an administrative authority ceased. In particular, we are talking about the decisions of the local head of the municipality, and with the participation of a foreign citizen as a trustee - the executive body of the region of the Russian Federation. The adoption of a child permitted by a court ruling in accordance with Sec. 291 GIC and Art. 125 SK.
General rules
The grounds and procedure for the cancellation of adoption are regulated by the Civil Procedure Code. In this case, the rules provided for in Art. 140-142 SC. In them, in particular, the grounds for the abolition of adoption are established. The articles also contain persons who have the right to make such claims. Cancellation of the adoption of a child according to general rules is possible only until he reaches adulthood.
Subject composition
Cancellation of adoption is carried out by decision of the court, adopted as part of action proceedings. Guardianship authorities must take part in the consideration of such cases. This is due to the fact that the abolition of adoption belongs to the category of disputes relating to the upbringing of children. The requirement for the mandatory participation of these bodies in resolving disputes arises from their tasks defined by civil and family laws.
The main one, in particular, is the provision of the necessary protection of the interests and rights of adopted children. The authority of guardianship and guardianship should examine the living conditions of the ward. Having completed this procedure, he must provide an opinion to the court on whether the termination of adoption is in the interests of the dependent. A similar document on the substance of the proceedings after the debate of the parties to the hearing is also given by the prosecutor. In accordance with Art. 140 (paragraph 2) of the Criminal Code, he must also participate in the case. 
Important point
The Family Code, unlike CoBS, does not provide for the invalidation of adoption decisions. However, this action may relate to decisions taken before the introduction of the current IC, in accordance with Art. 112 CoBS. It states, in particular, that adoption is invalidated in cases where:
- It was based on forged documents.
- The adoptive parent was a person who was recognized as partially or fully incompetent or deprived of parental rights.
- It is fictitious.
Adoption, which was carried out with the indicated violations after the introduction of the IC, but before the adoption of the judicial procedure (from 1.03 to 09.26.1996), may be recognized by the court as invalid if it is in the interests of the guardian. This provision is explained in paragraph 21 of the Decision of the Plenum of the Armed Forces No. 9 of 07/04/1997. If these violations were committed in the event of adoption by the courts, they may serve as reasons for the cancellation of the decision or refusal to satisfy the application for the adoption of a child in the family. This issue is also resolved in accordance with the interests of the guardian. 
Reasons for termination of custody
Considering them, it should be noted that the cancellation of adoption is allowed by the UK only when it ceases to correspond to the interests of the ward. Indisputable circumstances are defined in Art. 141, paragraph 1 of the UK. These include, in particular:
- Evasion of persons replacing parents from the performance of duties assigned to them, as well as abuse of their rights.
- Child abuse.
- Recognition of persons replacing parents with chronic drug addicts and alcoholics.
In this case, we are talking about the behavior of the adoptive parents, which contradicts the interests of the ward child, their improper fulfillment of the duties of maintenance and upbringing. It should be said that these circumstances act as the reasons for the deprivation of parental rights. But in the case of adult misconduct, the question can be posed specifically about the abolition of adoption. This is due to the fact that their parental rights arise as a result of the adoption of the ward in the family, and not about the origin of the children from them. 
Other reasons
Cancellation of adoption based on the interests of the guardian may be made in accordance with other circumstances. This position is enshrined in Art. 141, paragraph 2 of the UK. Different circumstances may serve as “additional” grounds, which did not necessarily arise through the fault of persons replacing parents. However, the Family Code does not even provide an approximate list of them. This is another difference in the abolition of adoption from the deprivation of parental rights. In the latter case, the list of circumstances in the Code is exhaustive.
Additional provision
Article 113 of the Code of Administrative Offenses provided for a mandatory norm prescribing the observance of the interests of children after the adoption was canceled. In the current SC, it is supplemented by a provision establishing the need to take into account the views of the guardian when considering a case. If the child does not want to return to the parents, it will be problematic for them to restore normal psychological contact after restoring their rights and canceling the adoption. This, in turn, can adversely affect the entire educational process as a whole.
Earlier in the law, there was an indication of the need to obtain the consent of the adopted child to cancel the adoption, but only after he reached the age of ten and only when the requirement to cancel the adoption of the parents was declared when the adoption was made without their consent (part 2 of article 114 of the CBS). Used in Art. 141, paragraph 2 of the UK wording is considered more flexible. It allows you to find a reasonable compromise between the views and interests of the child on the issue of canceling adoption. Of course, one should not contradict the other. If a child, due to mental development, young age, or for other reasons, is not able to objectively evaluate the behavior of adoptive parents and cannot realize the negative consequences for himself, the court, according to Art. 57 SC, the right to decide on the issue contrary to the opinion of the guardian. 
A special case
Often, people who have adopted the children of their spouse, and subsequently divorced, apply to the court. Changing adult relationships cannot serve as an indisputable circumstance, according to which the requirement must be satisfied. This is due to the fact that the adoptive parent accepts responsibilities for himself in front of the child, and not his father or mother. Only in certain cases can the satisfaction of the claim be allowed. In particular, this may be the case when the immediate parent creates obstacles for the adoptive parent to participate in the upbringing of the child, referring to a new marriage, and requires only the payment of alimony and so on.
The consequences of the cancellation of adoption
They occur regardless of the reasons for which the court decision was made. The consequences are the termination of property and personal duties and the rights of adoptive parents and the child with the restoration of those of the latter and his parents.Under current law, the return of relations between father / mother and children does not occur automatically (unlike CBS). The restoration of the duties and rights of parents and the child takes place if the interests of the latter require it. This should be said in a court decision. Situations where the return of legal relations is impossible are not excluded. For example, this occurs when parents die, are deprived of their rights, and also if they are unknown. It may happen that the restoration of parental responsibilities and rights is inappropriate. For example, they may refuse to accept a child, are chronic drug addicts or alcoholics, and so on. 
The fate of the children
If the court decides to cancel the adoption, the child is transferred to his legal family. This, as a rule, takes place when the requirement is initiated by the parents. In case of their absence, as well as if the transfer of the child would be contrary to his interests, he shall be given into the care of the guardianship authorities. He, in turn, can give an opinion on the future fate of the ward. It, in accordance with the specific circumstances of the case, should indicate: whether the child is returning to the family or should be sent to a specialized educational institution. The Family Code does not establish reasons that may prevent it from being passed on to parents. In this regard, when deciding on the future fate of the child, the court is guided solely by its interests.
Actions of registry offices
An extract from a court decision that has entered into force is sent within three days to the department for recording acts of civil status at the place of state registration of adoption. In accordance with the definition, the registry office makes a mark. Along with this, the birth data are restored to the original data present in it before adoption. No changes shall be made to the columns of the full name, if, in accordance with the decision of the court, the minor, retained the name, surname and patronymic assigned to him in connection with the transfer to the family. 
Cases with adult children
As mentioned above, the cancellation of adoption is allowed only until the child is 18 years old. However, the law provides for exceptions. In particular, termination of adoption in relation to an adult is allowed if, at the time of the presentation of the claim, there is mutual consent of the parties to this (provided that they are legally competent and are not deprived of their rights). In general, the termination of legal relations with 18-year-old children loses meaning, and the circumstances provided for in the law become unacceptable.
