Adoption of the wife’s child from the first marriage. How to adopt a wife’s children

Many men are happy to recognize their spouse's children as relatives. Therefore, it is worth knowing what is the adoption of a child’s wife from his first marriage, what are the conditions, what documents are required, and also to study the subtleties of the process.

The adoption procedure in the Russian Federation is legally regulated by the Family Code. All the nuances and conditions are spelled out in this legislative act. The adoption process itself is not easy, but it is worth remembering that the result is worth it, because you become a full-fledged family, a unit of society.

Grounds for Paternity

To begin with, we will determine in what cases you can become a father to a wife’s child:

• he has not reached the age of 18;
• the biological father is dead;
• the biological father abandoned the child;
• the biological father does not raise a child (even if he pays alimony);
• the biological father is deprived of the rights of the parent in accordance with the legislation of the Russian Federation.

In the above cases, you have to go through the standard adoption procedure.

However, there are cases when the adoption of a wife’s child from his first marriage does not suit the biological father. In this case, a trial will be held with the clarification of the motives of the father and the forced deprivation of his parental rights. Conditionally, his motives can be divided into 2 categories:

• personal (does not want another man to become a father to his child);
• benefit (for a man who does not live with his child and does not raise him, it is beneficial to have the status of a father).

All the motives and evidence of the parties are considered in court, and only authorized persons can make a decision, satisfy your application or refuse to adopt you.

Training

If you are determined to become a father to the wife’s child, you should prepare for this event. Weigh the pros and cons. Remember that if you divorce your spouse, parental rights to her child are valid until the court decides otherwise.

In addition to legal delays, in the event of separation, you will encounter a serious moral and ethical problem. In the eyes of a child who recognized you as a father, loved as a father, you will be a traitor. The baby will be seriously injured - his father will repeatedly abandon him. Understand that you are taking responsibility for the well-being of your child.

Preparing for the process has another pitfall. The law provides that your adopted child has the same rights as your own children. Namely:

• Equal property rights with native children.
• The descendants of the adopted child have equal rights with the descendants of their children.

In relation to the biological father, the child loses similar rights.

The law states that children over 10 years old have the right to agree or refuse adoption. Moreover, their word for the court will be decisive. So prepare your future son or daughter. As you wish to become a father, so the child must be given the right to choose whether to recognize you as papa or not. Remember that you must adopt all the children of your spouse.

When you can’t become a father

The law protects the rights of the child, sometimes to the detriment of him. Even the most caring and loving future father may be refused adoption if:

1. He is recognized as incompetent or partially incompetent.
2. Has an outstanding conviction.
3. The court deprived him of parental rights.
4. He has health problems that may prevent him from fully raising a child.
5. Mentally unwell.
6. Has problems with alcohol and drugs.
7. Financial condition and living conditions do not allow raising a child.
8. According to the future father, there is confirmed information about the tendency to sadism, pedophilia, inappropriate behavior without recognizing him as mentally ill.

If the above restrictions are not about you, the adoption of the wife’s children from the first marriage is absolutely real. You can start collecting documents.

We collect documents

In order to adopt spouse children, the following documents are required:

1. Application for adoption. It is submitted to the district court at the place of registration.
2. If you have not married yet, a copy of your birth certificate.
3. A copy of the certificate confirming your marriage to the mother of the child.
4. A document that confirms the abandonment of the biological father of the rights to the child. Adoption of the wife’s children implies the rejection of the biological father; a person cannot have two official dads.
5. A medical document confirming that your health condition meets all legal requirements.
6. Documents confirming that you work and earn income. This may be a statement of employment and a monthly salary certificate.
7. A document that indicates your right to housing. For example, a contract of sale, privatization, inheritance. The court may also request a home book to confirm the adequacy of the living space for the needs of the child.
8. A document confirming the registration of you as a candidate for adoption.

Do not be afraid, under other normal conditions, documents for the adoption of a wife’s child are collected in a short time, and the presence of a standard package satisfies all the requirements of the law. Nuances can arise if the future father is a foreign citizen, a stateless person or resides permanently abroad. In this case, additional documents confirming the legal status, income, property availability should be provided. Specialists recommend using a lawyer.

Procedure

Adoption of the wife’s child from the first marriage is carried out according to the standard procedure. Consider its stages:

1. Marriage with the child’s mother or preparation for marriage (documents for registration must be submitted to the registry office).
2. The consent of the child. Do not forget that a child older than 10 years must officially agree to your paternity.
3. Collection of documents.
4. Medical examination.
5. Filing an application with the court.
6. The decision of the Board of Trustees that you are an acceptable candidate for the role of the father of the child.
7. Judicial sitting.
8. Entry into force of a court decision.

Marriage

Adopting a wife’s child from her first marriage is possible if you are legally married. A certificate from the registry office that you have submitted an application is allowed. It is better to marry before the adoption procedure.

Child consent

Remember that adoption is not a purely legal procedure. You must become a full-fledged family, and only then - a legally complete family.

Collection of documents

It is not difficult to collect all the necessary documents, if they are in order. Try to resolve the “paper” issues in advance: it may take a long time to get some inquiries.

Medical Examination

You need to undergo a full medical examination and get a certificate in the form prescribed by law. As a rule, a direction is given in which you go through a set of examinations and get the right document.

Submission of application to court

The question: “How to adopt a wife’s child from their first marriage?” Is decided exclusively in court. Do not be scared - this is a standard procedure. You are applying with a package of documents and expect the next step.

Board of Trustees decision

The Board of Trustees is considering, based on the submitted documents, the possibility of giving you the legal status of a father. This decision is not final, the Board of Trustees only gives the green light to parenthood or rejects the application. All claims and reasons why you, in the opinion of the competent authority, do not meet the requirements, are set forth in a written decision.If absolute prohibitions do not appear in it, you can challenge it, and the court will most likely be on your side.

Judicial sitting

The trial is held behind closed doors with the mandatory presence of an official guardian (mother) and a future father. The decision of the Board of Trustees and testimony are considered.

Here are a few dirty nuances. Witnesses (third parties) may, for personal reasons, testify against you. For example, they may raise the question: “How to adopt a wife’s child if the future father has a weakness for underage girls?” Or relatives will provide incriminating information for personal reasons (the child becomes a full heir).

Unjustified accusations during the trial can be completely refuted, but it is worth remembering that such nuances may tip the scales of the judge not in your favor (the motive is how safe it is for a child to become your son or daughter). Here are a couple of tips:

• hire a good lawyer;
• keep the secret of future adoption as much as possible.

Entry into force of the judgment

In case of a positive outcome, the court decision shall enter into force 10 days later. Within 3 days, the court sends an extract from the case to the registry office so that the child legally receives a new birth certificate, and parents - passports.

It is important to remember that the question: “How to adopt a wife’s child?” Is completely resolved at the legislative level. It is much more difficult to become a real family.