Currently, many people cannot have their own children and therefore decide to adopt a child who, by the will of fate, was left without parents. However, this issue is highly confidential. Therefore, many citizens after adopting a baby try to move to a new place of residence, where no one knows them.
But not everyone does this. In addition, special laws apply to maintain confidentiality of adoption. Thus, there is a penalty for disclosing confidential information. Therefore, if a person who is obliged to keep the fact of adoption of a child a secret tells this to someone against the will of one of the adoptive parents, then he must be held accountable under Art. 155 of the Criminal Code.
What are we talking about
The secret of adopting a child is not a term from the legislation that must be deciphered, but only information that, for certain reasons, should not be disclosed to other people. What is it for? First of all, in order not to injure the psyche of the child. After all, if he is still very small, then the people who adopted him become a full-fledged family for him, and he considers them his real parents. In addition, many citizens who have committed such a serious act simply do not want to attract too much attention, especially if they live in a small town.
Features
The punishment for divulging the secret of adoption is fixed in Art. 155 of the Criminal Code. The specified act refers to crimes committed against the family and minors. In this case, the interests of the adopted child may be seriously violated.
Article 155 of the Criminal Code has only one part, from which several most important points can be distinguished:
- the attacker is mainly a person who was obliged to keep secret the fact of adoption of a child as a professional secret (employees of the court, guardianship authorities, medical service);
- sometimes a criminal becomes a person who disseminated this information because of self-interest or other base motives (jealousy, revenge, anger, envy, or because of a desire to receive a monetary reward);
- in this case, the secret of adoption is violated against the will of those people who adopted the baby.
Important
The criminal offense, the punishment for which is prescribed on the basis of 155 of the Criminal Code, will be considered completed at the time of reporting the adoption information to the child himself or to some other person. The culprit here always acts only intentionally. Because he knows in advance that the child is not blood relatives of the parents, and wants to convey this information to the son or daughter of the latter, or to someone from the family's relatives or other persons (acquaintances, friends). Disclosure of secrets may be oral or written. All this does not affect the punishment.
Difficulties
Most often, cases brought under Art. 155 of the Criminal Code, have been investigated for a long time. Indeed, in some cases, it is not always immediately possible to calculate the perpetrator of a crime. In addition, it is not always possible to establish selfish goals or base motives of the deed.
After all, the investigation of this crime is sometimes complicated by the fact that parents and an adopted child are seriously injured. In this state, the latter often forget how exactly the crime occurred, start to be mistaken and say something that actually did not exist.
Therefore, due to the psychological attitude of the injured party to the crime under Art.155 of the Criminal Code of the Russian Federation often remain unsolved, and the perpetrators do not bear any punishment for what they have done.
How to make out
For disclosing the secrets of adoption, the attacker must suffer a criminal punishment, because he committed a crime.
In this case, the victims do not need to think long, but they must immediately contact the law enforcement authorities with a statement in which they should tell about everything that happened. It is advisable to attach to the written document all available evidence of the committed act (for example, a letter in which the attacker tells the adopted child that the latter is not native, a printout of SMS messages). Indeed, in this case, the victims will have the opportunity to achieve justice and punishment of the guilty person.
Comments
The sanctions for disclosing information on the adoption of a child against the will of those people (adoptive parents) who do not want others to know about it are spelled out in Art. 155 of the Criminal Code. It is impossible not to disagree with the comments on this article. It is also necessary to add that a person can be brought to responsibility for the deed only when the person was obliged to keep secret the very fact of adoption due to the fact that this is part of his professional or official duties, but did not do this, and in that case, if a citizen wanted to derive his material benefit from the disclosure of such information, or because of base motives (for example, revenge or envy).
Children often suffer from such unlawful actions by cybercriminals. After all, not a single child is to blame for the fact that he was left without a family and was adopted by other people, step-parents. The law here primarily stands up for the protection of children. And therefore, provides for punishment for those who violate it.
How to find
As noted earlier, not all people can have children. This happens for a variety of reasons. For example, a woman simply cannot become pregnant due to her husband’s infertility or health problems. In such cases, the couple decides to take such a serious step as adoption. The database of children, which allows future parents to find their baby, is freely available on the Internet. It contains all the information about those little citizens of our country who are looking for parents. In addition, each child in this database has a specific status (adoption or guardianship). In some cases, the baby can only be taken to a foster family and take care of him under the control of the social service, to receive benefits for the maintenance of the latter.
In order to adopt a child, it is necessary that he has the status of an orphan (i.e. there were no biological parents), for example, if they died or officially abandoned him). In this case, the family who wants to establish a relationship with the baby has every chance.
Nevertheless, future parents should remember that after adoption, the child acquires all the rights of the legal heir. That is the law. But for this it is necessary that a court decision on adoption takes effect. The database of children, where you can find your baby, is constantly updated. Nevertheless, sometimes the information arrives in it with a delay. Therefore, before collecting documents for adoption, it is best to contact the guardianship authorities of your region and resolve all issues with them.