This form of placement of children in the family, as adoption, is regulated by the Family Code of the Russian Federation. In the Soviet Union, this form existed, but was very rare. All children deprived of parental care were placed in a boarding system.
The legal nature of the relationship between adoptive parents and adopted
Legal relations between persons who have adopted a child and those who have been adopted begin immediately after the court adopts a decision on adoption (general provisions). Adoption and the law that establishes equality of rights between biological and non-biological children of the same parents are interrelated phenomena. During adoption, changes may be made to the act of birth of children (by court order). Be sure to change the name and patronymic of the child. When a child is adopted by foreign citizens, it is possible to change the name of the adopted. When inheriting property, the same rights are also established. Adopted children inherit along with their relatives in the first stage according to the norms of the Civil Code of the Russian Federation.
Marriage between adoptive parents and adopted
The laws of different states set barriers to marriage. Note that there are no unified, generally accepted prohibitions. A very large influence on the list of prohibitions has a culture of the people.
According to Russian law, the list of prohibitions is as follows:
- if one of the persons who wants to marry is already in a registered legal marriage, which is not dissolved in the manner approved by law;
- persons who are close relatives cannot marry;
- marriage between adoptive parents and adopted children is also prohibited;
- Persons recognized by the court as legally incompetent cannot enter into marriage until this status is removed from them.
Religious Adoption
In our country, Orthodoxy has always been considered the dominant religion. According to the Orthodox tradition, the church does not recognize marriages between relatives, especially close ones. Ideology distinguished three types of kinship:
- Krovnoye (line "parents - children", "brother - sister", etc.).
- Spiritual (acceptance of spiritual views). In fact, this kinship is more psychological, but in the concept of Orthodox ethics it has a very big influence, because the spiritual principle is the basis of every religion.
- Civil (i.e. adoption).
When did the legal ban on marriages between adoptive parents and adopted children appear?
Note that until 1918 there was no legal prohibition on establishing marriage with an adopted child. In this aspect, several important points can be considered. Firstly, there were practically no boarding schools in the Russian Empire. Of course, it cannot be said that all families were prosperous, that there was no social and biological orphanage. Of course it was. But orphanhood was not as common as it was already in Soviet times. During the time of the Russian Empire, there were no large-scale wars and repressions that left an indelible mark on the history of the twentieth century. It was these cataclysms that became important reasons for the spread of orphanhood.
Secondly, in the days of the USSR and in the period after the emergence of independent states, a system of social services was actively developed, the purpose of which was to identify dysfunctional families.If, as a result of the work of the services, it is not possible to get the family out of difficult life circumstances (including alcoholism of the parents), then depriving the parents of their rights is an effective method of protecting the rights and lives of young children.
During the USSR (1918, 1926, 1969), the norms of the USSR Codes of Marriage and the Family established a specific restriction on marriage between adoptive parents and adopted children.
Of course, in relations of adoption, biological kinship does not arise, but there is a certain moral and educational connection. The fact is that adoption is possible only until the age of 18. Accordingly, these relations are initially established along the line of "parents - children."
Marriage between relatives: legal aspects
In this section we will try to understand how to get married between relatives. Although practically such marriages are very rare, they are legally possible. For example, a marriage between adoptive parents and adopted children is possible if adoption is canceled. Such a legal event is possible only by court order. The legislator does not set deadlines cancellation of adoption, only the reasons for which it is possible to recognize the fact of adoption as invalid (inability to live together, mutual consent, violation of the interests of the child) are settled. We do not see the list of reasons for the desire of the adoptive parent and the adopted one to enter into a legal marriage, but in this case, you can use such a clue as mutual consent.
Marriages in a direct line of inheritance, as well as between siblings, are clearly impossible. Recently, some innovations have been made. For example, a marriage was allowed between the adoptive child and the adopted child. It is also possible to marry between adopted children who live in the same family.
The circle of persons who can and cannot be adoptive parents
Article 127 of the Family Code of the Russian Federation limits the number of persons who can adopt a child. This is done in order to maximize the harmonious development of children in the family. So who cannot be an adoptive parent?
- Disabled persons or persons with limited legal capacity. Based on experience, these are mainly people with mental disorders.
- If one of the spouses is legally incompetent.
- If people who want to adopt a child, previously lost their parental rights in relation to their biological children. This norm is very correct, because parental rights are not just deprived. There are always good reasons for this.
- Persons who previously performed the duties of a guardian cannot be adoptive parents if they have been removed by the responsible services from performing their duties.
- Persons who suffer from diseases that prevent the adoption of a girl or boy from an orphanage.
- They cannot count on a positive decision on the adoption of persons who do not have sufficient income, which will provide the child with a certain standard of living, and persons without a permanent residence.
- Persons who have an outstanding criminal record.
How is the adoption process? First stage
The legal aspects of adoption are regulated by the Family Code of the Russian Federation (chapter 19). The adoption process itself is quite long. It is impossible to resolve this issue quickly. Initially, a married couple wishing to adopt a child turns to social services. Experienced specialists will analyze the educational potential of the family. After that, potential adoptive parents take special courses in which they master the skills of raising an orphan.
After that, the parents go through the process of selecting a child. The social service also helps them in this. There is a special base of children who can be adopted. It is from it that the optimal (based on the wishes of the parents and indicators of special psychological tests) option is selected.
Completion of the adoption process
Legally, the fact of adoption (both domestically and in the case of international) is formalized by a court decision. According to the norms Art. 125 SK RF, potential parents send a statement to the court. These lawsuits are considered in a special judicial proceeding, because you need to seriously study the issue and make sure that all the interests of the child are respected. The branch of law is civil.
After receiving the application, the court sends a request to the guardianship authority. The legislation requires an opinion of this body, which will indicate that this adoption is carried out without violating the norms of the law and does not contradict the interests of the child.
In the case of a positive decision by the court, it gains strength either immediately (if specified in the decision) or in general order (10 days). In the event of a change in the last name, first name, patronymic, date, place of birth of the child, the court is obliged to send an extract from the decision to the civil registration office within three days.
Adoption age restrictions
According to Art. 128 SK RF, the age difference between the adoptive parent and the adopted must be 16 years or more. This norm does not apply to only one case: when the child’s mother died, and the child remains with the father, who after some time gets married the second time. The stepmother can adopt this child even if the age difference between them is smaller.
Conclusion
The legal relationship between the adopter and the adopted is very clearly regulated by law. Abuses on the part of the adoptive parents will always be revealed, because this family continues to be under the constant supervision of social services.
