Is it possible to cancel adoption - what grounds are needed to cancel the adoption of the child. Legal consequences Cancellation of the adoption of a child Legal consequences Cancellation of adoption
- The main directions of the State Family Policy in Russian Federation
- Sources of family law
- Application to family relations of international law
- Protection of family rights
- Ways to protect family rights
- The concept of marriage for family law
- Conditions for marriage. Obstacles to the conclusion of marriage
- Obstacles to the conclusion of marriage
- Medical examination of persons marrying
- Order of marriage
- Nullity of marriage
- Persons who have the right to demand marriage invalidation
- Circumstances that eliminate the invalidity of marriage
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- The concept and foundation of the cessation of marriage
- Marriage termination in registry offices
- Termination of marriage in the registry authorities at the request of one of the spouses
- Termination of marriage in court
- Termination of marriage in court with the mutual consent of the spouses to terminate marriage
- Termination of marriage in court in the absence of consent of one of the spouses to terminate marriage
- Questions permitted by the court when making a decision on the termination of marriage
- The moment of termination of marriage when it is terminated
- Legal consequences of termination of marriage
- Marriage restoration In the event of a spouse, declared dead or recognized missing missing
- Personal non-property legal relations between spouses
- Property relations between spouses
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- Possession, use and disposal of the common property of spouses
- Property of each spouse (separate property)
- Section of the common property of spouses
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- Change and termination of the marriage contract
- Recognition of the marriage contract invalid
- Responsibility of spouses for obligations
- Establishing the origin of children
- Voluntary definition of paternity
- Fathers in court
- Legal consequences of a voluntary or judicial establishment of paternity
- Record parents of a child in the book of birth records
- Safety of fatherhood (motherhood)
- Rights of juvenile children
- Personal non-property rights of juvenile children
- Child right to express your opinion
- Child right in the name, patronymic and surname
- Property Rights of Juvenile Children
- Personal non-property rights of juvenile children
- Rights and obligations of parents
- Implementation of parental rights of minor parents
- Rights and obligations of parents for the upbringing and education of children
- Rights and obligations of parents for the protection of the rights and interests of children
- The right of parents to protect parental rights
- The implementation of parental rights by the parent residing separately from the child
- Disputes associated with raising children
- Participation of the body of guardianship and guardianship when considering the judgment of disputes related to the education of children
- Fulfillment of the decisions of the court on affairs related to the education of children
- Deprivation of parental rights and their restoration
- Parental Rights Restoration
- Restriction of parental rights and its abolition
- Cancellation of parental restrictions
- Immediate (pre-trial) Child's mapping from parents
- General characteristics of aliminal obligations
- Aliminal obligations of parents and children
- The size of the alimony on minor children, defended in court
- Responsibilities of parents for the maintenance of disabled adults
- Parents participation in additional costs for children
- Responsibilities of adult children in the content of parents
- Participation of adult children in additional expenses for parents
- Aliminal obligations of spouses and former spouses
- Aliminal duties of former spouses
- Liberation of the spouse from the obligation to keep another spouse or limiting this duty for a period
- Aliminal obligations of other family members
- The duty of pupils on the content of their actual educators
- Responsibilities grandparents on grandchildren
- Responsibilities of brothers and sisters on the maintenance of their minor and disabled adult brothers and sisters
- Alimony payment agreements
- Agreement on the payment of alimony
- The procedure for concluding, execution, changes, termination and invalidation of an alimony fees agreement
- Content of an alimony agreement
- Indexing the size of the alimony paid by agreement on the payment of alimony
- The procedure for paying and recovery of alimony
- Dates of appeal to alimony
- Recovery of alimony to the resolution of the dispute by the court
- The obligation of the administration of an organization to hold alimony
- Appeal to the property of the face, obliged to pay alimony
- Definition of alimony debt
- Foundation of exemption from paying alimony debt
- Invalidation of the credit and reverse recovery of alimony
- Indexing alimony
- Payment of alimony in case of departure of the person who is obliged to pay alimony into a foreign state for permanent residence
- Responsibility for untimely alimony payment
- Changing the size of alimony established by the court and exemption from their payment
- Termination of aliminal obligations
- Identification and device of children left without parental care
- Guardianship and guardianship
- State Bank of Children's Children left without parental care
- Forms of the device (upbringing) of children left without parental care
- Adoption (adoption) of children and its abolition
- Accounting for children to be adopted, and those who want to adopt children
- Persons who have the right to be adoptive
- Conditions of adoption
- The order of adoption
- Questions permitted by the court when adopting a child
- Legal consequences of the adoption of a child
- Grounds, order and legal consequences of adoption
- Guardianship and guardianship
- Sheets and guardianship over children in educational, medical institutions and social protection institutions
- Rights of children under guardianship (guardianship)
- Rights of children left without parental care and those in educational institutions, medical institutions and social protection institutions
- The rights and obligations of the guardian (trustee) of the child
- Reception family
- Content of the Child Transfer Treaty (Children) for Education in the Family
- Rights and obligations of adoptive parents
- Rights of the child (children) transmitted to education in the foster family
- Material Reception Family
- Grounds for applying for family relations of foreign family law
- Legal regulation of marriage and divorce with the participation of foreign citizens and individuals without citizenship
- Invalidity of marriage concluded in the Russian Federation or beyond
- Termination of marriage between citizens of the Russian Federation and foreign citizens
- Legal regulation of personal non-property and property relations of spouses in the presence of a foreign element
- Legal regulation of personal non-property and property relations of parents and children and other family members in the presence of a foreign element
- Legal regulation - adoptions (adoption) in the presence of a foreign element
- Establishing the content and restriction of the application of foreign family law
- Restricting the application of foreign family law
Grounds, order and legal consequences of adoption
The basis of the cessation of adoption according to Art. 140 SC is his cancellation in court. The situation on the abolition of adoption in court acted before. At the same time, the stipulated SC Institute for adoption has a fundamental difference from the previously existing one.
It is that the previous legislation provided for the Cancellation of the decision on the adoption adopted in the administrative order (the head of the local administration, and in the adoption by foreign citizens of the child - a citizen of the Russian Federation - the executive authority of the constituent entity of the Russian Federation), while now it is already talking about the cancellation of the decision Court of adoption, adopted in the manner prescribed by Art. 125 SC and ch. 29 GPK.
The procedure for presenting and consideration of a claim for adoption is governed by civil procedural legislation, taking into account the rules provided for by Art. 140-142 SK (on the basis of cancellation of the adoption of a child and persons who have the right to present the requirement to abolish the adoption of the child). The abolition of adoption is allowed, as a general rule, only until the adopted child has been achieved by the age of majority.
Cases of adoption Considered by the court in the order of claim. The obligatory participation in the consideration of such cases should be a guardian and guardianship authority, as they relate to the category of disputes related to the education of children. The requirement for the participation of the guardianship and guardianship authority in the dispute resolution follows from the tasks of the tasks of the custody and guardianship authorities and is aimed at ensuring the proper protection of the legitimate rights and interests of adopted children. The guardianship and guardianship authority is obliged to conduct a survey of the living conditions of the adopted child and submit a court of conclusion on the compliance with the adoption of the interests of the child.
The same conclusion is essentially a case after the judicial debate of persons participating in the case, gives the prosecutor, which in accordance with paragraph 2 of Art. 140 SK is also obliged to participate in the consideration of the advent of adoption (in any case from the stage of the trial).
Unlike COBS, the SC does not provide for recognition of adoption in court invalid. Given this, the court has the right to recognize invalid on the basis of Art. 112 COBS Adoption, made only before the introduction of the SC in the case when the decision to adoption was based on false documents or when the adopter was a person deprived of parental rights or recognized in accordance with the procedure established by law as incapable or limitedly capable, as well as with adoption fictitiousness.
Adoption made with the above disorders after the introduction of the SC, but before the introduction of a court order of adoption (i.e. from March 1 to September 26, 1996), as clarified in paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation from 4 July 1997 No. 9, can be recognized by the court invalid if it meets the interests of the child.
If these violations were allowed in the adoption of the child in court, then they may be the basis for the abolition of a court decision and failure to satisfy the imposition of adoption, and not to recognize adoption invalid. This question is also solved by the court on the basis of the interests of the child.
Grounds for canceling a child's adoption. Considering the grounds for the abolition of the adoption of the child, it is necessary to emphasize that the abolition of adoption is allowed by SC only when adoption ceases to correspond to the interests of the child.
The undisputed bases (circumstances) to cancel adoption are indicated in paragraph 1 of Art. 141 SK:
- adopters evade the fulfillment of parental responsibilities assigned to them; abuse parental rights;
- adopters are brutally treated with a adopted child;
- adopters are chronic alcoholics or drug addicts, i.e. We are talking about the guilty behavior of adoptive parents, contrary to the interests of the child adopted by them, about the inadequate fulfillment of their duties to raise the child.
It is characteristic that these circumstances are grounds for imprisonment of parental rights. However, in the case of the guilty adoptive parents, the question may be raised about the abolition of adoption, and not about the deprivation of parental adopters, since parental rights and obligations arise from adoptive parents as a result of adoption, and not children from them.
When establishing circumstances, testifying to the guilty conflicting interests of the child's behavior of adoptive parents, the court makes a decision to cancel adoption.
Based on the interests of the child and, taking into account the opinion of the child, the court is entitled to cancel adoption and other than the above-mentioned, grounds. These may be various circumstances, not necessarily emerging due to the fault of adoptive parents, but in any case affecting the interests of the child. Even an exemplary list of these other grounds is not given to the abolition of adoption in the interests of the adopted child.
This, in particular, the abolition of adoption differs from the deprivation of parental rights (the list of grounds for the deprivation of parental rights, presented in the law is exhaustive).
It is essential that that was also the obligatory norm on compliance with the interests of the child when adopting adoption is supplemented with a new provision on the need to take into account the opinion of the child about adoption. After all, in the case of the reluctance of the child, it will be difficult to return to parents after the abolition of adoption and restoring parental rights to establish psychological contact with the child, which can negatively affect the educational process as a whole. In this regard, it should be noted that earlier in the law there was an indication of the need to obtain the consent of the adopted child to cancel adoption, but only after reaching the ten-year-old age and only when applying the requirement to cancel the adoption by his parents, when adoption was made without their consent.
It seems that used in paragraph 2 of Art. 141 SK formulation is more flexible to find a reasonable compromise between the interests of the child and its opinion regarding the cancellation (or preservation) of adoption. Of course, the decision to cancel adoption should be made by the court taking into account the opinion of the child, unless it contradicts his own interests.
In the case when a child, due to young age, mental development, or other reasons, cannot give an objective assessment of the behavior of adoptive parents and is not aware of its negative consequences for itself, the court in accordance with Art. 57 SK can make a decision on the abolition of adoption and contrary to the opinion of the adopted child.
To clarify the opinions of the child about the abolition of adoption, it is necessary to approach delicately even when the circumstances that give grounds for the abolition of adoption precisely in the interests of the child (for example, adoptive parents suffer from chronic alcoholism, the immoral lifestyle can create conditions for proper education of the child and T .P.).
If the adopted child was not previously aware of his adoption, then the disclosure of adoption secrets may hardly affect its moral and even mental condition. In this regard, specific forms of clarification of the child's opinion on adoption should be determined by the court, taking into account the current situation and the recommendations of the custody and guardianship authority.
Often, asking for adoption of adoption, persons who adopted children of their spouse (Pasynkov, Padcheryitsa) also addressed and subsequently terminated marriage with the mother (father) of the adopted child. However, a change in the relationship of the adopter with the parent of the child cannot be an unconditional basis for canceling adoption, since the adoptive agent assumes the duties before the adopted child, and not to his mother or father.
Only in some cases it is possible to cancel the adoption of a child with stepfather (stepmother) - when the mother (father) of the child impedes the participation of the adopter in the raising of the child, communicating with him, referring to the repeated marriage, and requires the adopter only to pay for alimony, etc. ., i.e. If the preservation of relationships in adoption contradicts the interests of the child.
Situations are possible when the relationship between the child and adoptive parents (adoptive carrier) did not work as a result of objective reasons (the child remembers his parents, relatives, it is unfriendly to members of the adoptive parent family, there are deviations in the behavior of a child, development, etc.). The court decision in such a situation will depend on the conclusion of the guardianship and guardianship authority on the results of the survey of the living conditions and education of the adopted child.
It may contain recommendations for the cancellation or preservation of adoption. If the court considers that the abolition of adoption even under such circumstances is contrary to the interests of the child, and in addition, there are prospects for improving relations between the child and adoptive parents (adoptive carrier), the claim for adoption will be denied, and adoptive parents may be invited to take measures to establish relationships with the child .
When applying adopters demanding about the abolition of adoption due to the fact that the child suffers from severe illness, impeding normal education in the family, it is important not only to find out the cause of the disease, but also to establish, it was known to adopters (adoptive parents) about the adoption of the child at the time of adoption and As provided adopters of his treatment. The law does not contain any instructions on this. As a rule, if the child has occurs after his adoption, he cannot be the basis for cancellation of adoption.
In the same cases, when adoptive parents believed that they had taken up a healthy child to raise, and later the innate or hereditary-due to the disease was discovered, the court may decide on the claim for adoptive parents, taking into account the conclusion of the guardianship and guardianship authority on the feasibility of canceling adoption. It is possible that adoption will be and canceled, but only in the interests of a child related, for example, with the need to pass the course of treatment in the hospital medical institution of a special type.
Another thing is when adoptive parents are trying to evade the upbringing and the content of the adopted child by placing it without sufficient grounds in the health care institution. If subsequent adoptive parents refuse to take a child home, their actions may be regarded as guilty behavior, entailing adoption in court.
Other reasons for adoption may be the basis for adoption; for example, concerning the adoptive parents themselves (under construction, severe disease, deterioration of the material situation, a significant change in the marital status, etc.), or the causes associated with a change after the adoption of the circumstances that have made possible Adoption itself (the parent of the adopted child recovered and recognized by the court capable, the court abolished the decision to recognize the parent missingly absent in connection with his appearance and others).
The court, based on paragraph 2 of Art. 141 SK, the right to cancel the adoption of the child and in the absence of the guilty behavior of the adopter, when, according to circumstances, as depends on, and independent of the adopter, the relations needed for the normal development and education of the child were not developed.
To such circumstances, in particular, the lack of mutual understanding due to the personal qualities of the adopter and (or) adopted, as a result of which the adopter does not use the authority in a child or the child does not feel like a member of the adoptive parent family; Identifying after adoption of mental inferiority or hereditary abnormalities in the state of the child's health, which significantly impedely make the process of education, on the presence of the adoptive agent was not warned during adoption; Restoration of the child's parents' capacity, to which he is strongly tied and cannot forget them after adoption, which adversely affects its emotional state, etc.
The court has the right to cancel adoption in these cases on the basis of the interests of the child and, taking into account the opinion of the child himself, if he reached the age of ten years.
As we see, the circumstances that cause the need to cancel adoption in the interests of the child are very diverse. The court in each specific case, taking into account all the circumstances of the case, the conclusion of the guardianship and guardianship authority and necessarily the opinion of the child will make an appropriate decision on the claim of adoption (satisfy the claim or refuse a lawsuit).
Persons who have the right to demand cancellation of the child's adoption.
To persons who have the right to demand abolition of adoption, the law belongs:
- parents of a child;
- adoptive parents of the child;
- adopted child who has reached the age of fourteen;
- guardianship and guardianship;
- prosecutor (Art. 142 SC).
As you can see, the requirement to cancel adoption is entitled to present only interested parties. Moreover, this interest may have both personal character (parents, adoptive parents of a child, adopted child who has reached the age of fourteen), and to flow out of the functions of state and other bodies (prosecutor, guardianship and guardianship authority).
The presentation of the claim by the guardianship body or the prosecutor is necessary in cases of the lack of parents in the child or when in the interests of the child it is necessary to immediately decide on the cancellation of adoption, if the guilty behavior of adoptive parents is established (evasion of duties to raise a child or abuse of their rights, ill-treatment A child, immoral or antisocial behavior that has a harmful effect on a child, chronic alcoholism or drug abuse, etc.).
The right of the prosecutor (or his deputy) to appeal to the court with a statement in defense of the rights and legitimate interests of other persons is directly provided for by law and follows from its powers to oversee the legislation on the rights and freedoms of man. Moreover, the duties of employees of the prosecutor's office directly include the presentation and maintenance of the claim in court in cases where the rights of persons who, according to health or age (for example, minors), cannot personally defend them (Article 26, 27, 36 of the Federal Law "On the Prosecutor's Office of the Russian Federation").
A adopted child who has not reached the age of fourteen, can not independently apply to the court with the requirement of adoption. However, the adopted child is entitled to cancel adoption of a adopted child to inform the custody and guardianship authority or the prosecutor (this is a situation when adoption is not a secret for the child).
In the same way, state and public organizations, as well as citizens (the spouse of the adopter, relatives of the adopted child), who believe that adoption does not correspond to the interests of the child, since they are not entitled to present a claim for adoption.
In such cases, the question of the need to present a lawsuit against adoption is solved by the guardianship and guardianship authority or the prosecutor.
The SCs do not define persons and bodies to which the requirement should be made to cancel adoption. As a rule, the defendants in cases of this category are adoptive parents, the claim to which is made to the court at their place of residence. However, in cases where the claim on the abolition of adoption was presented with the parents adopted, and these adoptive parents are not known to them, the requirement to abolish adoption is presented to the guardianship body and guardianship at the location of this body.
The latter notifies this adopter that the court has the right to attract to participate in the case as a compound. If the claim for adoption is imposed by the adopter itself, then the adequate defendant in the case will be a adopted child, the rights and interests of which will be represented and defended the persons specified in paragraph 1 of Art. 56 SK, primarily the guardianship and guardianship and prosecutor.
Legal consequences of cancellation of the child's adoption. Cancellation by the court of adoption in accordance with paragraph 1 of Art. 143 SK entails the termination of mutual personal non-property and property rights and responsibilities of the adopted child and adoptive parents (relatives of the adopter) and the restoration of the mutual rights and duties of the child and his parents (relatives of the parents). Adoption ceases from the day the decision of the court on the abolition of adoption, i.e. For the future.
The restoration of legal relations between the child and his parents (relatives of the parents) is not automatically produced, but only if the child's interests require, which should be directly indicated in the court decision on the cancellation of adoption.
Therefore, the situation is not excluded when the restoration of the legal relationship of the child with his parents is not only impossible (parents died, are unknown, deprived of parental rights), but also inappropriate, taking into account the interests of the child (parents refuse to cancel the adoption to take a child for education, parents are chronic alcoholics and etc.).
With the abolition of adoption, the child is transferred to parents by the court decision. Such a decision is most often taken by the courts in cases where parents themselves were initiated by the cancellation of adoption. In the absence of parents, as well as if the child's transfer to parents contradicts his interests, the child is transferred to the care of the guardianship and guardianship.
On the further fate of the child, the court may be given the conclusion of the guardianship and guardianship authority, in which it is indicated on the basis of concrete circumstances, whether the child should return to parents when canceling adoption or it will be sent to a children's educational institution of a certain type, where the issue will be resolved About his further education (transfer under custody, guardianship, in the receiving family, for re-adoption).
Circumstances that may interfere with the return of the child to parents, the IC are not defined. Therefore, the court, solving the question of the further fate of the child (transfer it to parents or on the care of the guardianship and guardianship body), should be guided only by the interests of the child.
From the rules on the termination of the mutual rights and duties of the adopted child and adoptive parents (relatives of adoptive parents), when the adoption of the SK was established.
First, in paragraph 3 of Art. 143 SK stipped that the court is entitled to preserve the name assigned to him in the interests of the child, name, patronymic name. In this regard, the guardianship and guardianship authority upon presentation of a lawsuit on the cancellation of the adoption or a conclusion of the court upon presentation of a claim by other persons should find out whether the interests of the child meet the adoption of the surname, name, patronymic, what is the desire of the child himself and on the basis of his interests Share your opinion.
Especially closely to solving these issues should be approached when the adoption of a teenager who is accustomed to his name, surname is canceled. The change in the name, surname or the middle name of the child who has reached ten years is allowed only with his consent. On the preservation of the child assigned in the adoption of the surname, name, the patronyony should be indicated in the decision of the court on the abolition of adoption.
Secondly, paragraph 4 of Art. 143 SK provides for the right of the court to recover the alimony from the former adoptive on the maintenance of the child. The decision to recover the alimony is made by the court, taking into account the interests of the child and the specific circumstances of the case, regardless of which adoption is canceled for what grounds. It is possible that the recovery of alimony from former adoptive parents may be a sanction for the improper fulfillment of their parental duties. But in any case, accumulating alimony from a former adopter, the court is guided by the interests of the child and the need to ensure the maintenance of the child in the future.
The size of the alimony from the former adoptive parents can be determined by the court both in the fractions of their earnings (income) and in a solid monetary amount. If the alimony accumulates from the former adoptive parents in a solid monetary amount, their size should be determined by the court based on the maximum possible preservation of the child of the former level of its provision, taking into account the material and family status of the Parties and other circumstances that take attention (while the amount of alimony is established in the amount corresponding to a certain number of minimum wages). On the child's preservation, the right to obtain content from the former adoptive parents and the amount of this content is indicated in the decision of the court on the abolition of adoption.
An extract from the declaration of court that has entered into legal force should be sent by the court for a three-day term to the registry office at the place of state registration of adoption.
On the basis of the court decision, the registry office makes the letter of adoption in the acts of adoption and restores the initial information to the birth record of the adopted child, which were before adoption (except, the patronymic and the child's name, if the child's decision was saved to him Communication with adoption name, patronymic and surname).
Cancel adoption upon reaching the adopted child age of majority. The abolition of adoption is not allowed if the adopted child has reached an eighteen-year-old child by the time of presentation of the adoption claim. This is due to the fact that after achieving adopted adulthood, the abolition of adoption loses its meaning, and the law provided by the law for the abolition of the adoption of the child in such a situation is unacceptable.
From the specified rule, nevertheless, an exception is allowed: the abolition of adoption is possible and after achieving the adopted child of the age of majority, if there is a mutual agreement of the adopter, adopted child and the adopted child's parents, if they are, of course, are not deprived of parental rights and are not recognized by the court. incapable. Such cases occur infrequently and, as a rule, associated with the loss of legal parents with the Son (daughter) for the circumstances independent of them (severe illness, etc.), when their adoption was not required.
Upon at least one of the parties, the abolition of adoption in relation to an adult adopted child is impossible. In the case when parents adopted died, they were deprived of parental rights at one time or declared as incapable, the court may decide on the abolition of adoption in the presence of mutual consent to the termination of legal relations to adopt an adult adopted child and adoptive agent.
The procedure for the cancellation of adoption in relation to adult persons does not differ from the procedure considered above the abolition of adoption of minor children. The lawsuit on adoption court may be presented with a prepicable child or adoptive parents or parents of the child.
When nominating the requirements for canceling the adoption by the applicants may be prosecuted. If the parents of the adopted child are alive, then it can be about restoring legal communications with them, which can be important for both parties (parents and child). In some cases, such actions are due to the desire of a moral and ethical nature, for example, the desire of the adopted return the name of blood parents, restore legal relations with their relatives (if parents died).
The basis for cancellation by the court of adoption against an adult child is the mutual consent of the parties, i.e. Adopters, child and his parents.
Cancel adoption in accordance with paragraph 1 of Article 140 of the Family Code of the Russian Federation can only be in court. In this article we will try to answer the question in detail: what are the adopter and adopted for the adopter.
The legal consequences of the abolition of adoption are considered in Article 143 of the Family Code of the Russian Federation, in particular, the abolition of adoption entails:
- the termination of the mutual rights and duties of the adopter and the adopted child with the simultaneous restoration of the mutual rights and responsibilities of the child and his parents or relatives, provided that such recovery corresponds to the interests of the child;
- the transfer of a child to his parents or guardianship and guardianship authority, if parents are missing or if such a transfer is contrary to the interests of the child;
- the court decides on the change in the name, family name and patronymic child or to leaving him when adopting a name, family name and patronymic adoption;
- the former adoptiveboard the court may oblige to pay alimony for the maintenance of the child.
We will analyze these legal consequences in order.
Termination of mutual rights and responsibilities of the adopter and adopted
After it comes into legal force, according to paragraph 3 of Art. 140 of the SC of the Russian Federation, from that moment the adoption ceases and the mutual rights and duties of the adopted child and the former adopter cease. At the same time, the mutual rights of the child and his parents are restored, but only if it does not contradict the interests of the child.
During the three-day period from the day the decision of the court decision into force, an extract from the court decision will be sent to the registry office at the place of adoption of adoption for making changes to the assembly record (see paragraph 3 of Art. 140 of the RF IC). Officials of the registry office are contributed on the basis of an extract made from the decision of the court changes to the actual record of the child's birth, that is, restore the initial information about the parents of the child.
The name, surname and patronymic of the child can be preserved if the court decision does not require a change in the name, surname and patronymic that have been given to a child in adoption.
The birth certificate issued in adoption is canceled, instead of it issued a new birth certificate, in which changes are made according to the court decision and the modified acts (see the federal law No. 143-FZ of November 15, 1997 (Art. 46) and the RF IC (paragraph 3 of Art. 143)).
Transfer of a child to parents or guardianship
If the transfer of the child to parents corresponds to his interests, in accordance with paragraph 1 of Art. 143 SC RF is restored by legal relations between the child and his parents. In this case, in a court decision, the adoption of adoption should be indicated for the restoration of the legal relationship of the child with his parents.
Most often, such an outcome is in cases where the parents of the child initiate adoption.
If the child's parents are absent or the court decides that the transfer of a child to parents will contradict the legitimate interests of the child, in which case the child will be transferred to the care of the guardianship and guardianship.
Change or preservation of the name, surname and childhood
The question of changing or preserving the name, surname and patronymic child is solved by the court. At the same time, if the child turned 10 years old, when making a decision, the court should necessarily take into account the opinion of the child himself (see, paragraph 3 of Art. 143 of the RF IC).
Payment of alimony for the maintenance of the child from the ex-adiputor
Considering legal consequences of cancellation of the child's adoption It should be known that the court may decide on the obligation of a former adoptive agent to pay alimony for the maintenance of the child on the basis of paragraph 4 of Art. 143 of the RF IC. This decision the court takes on the basis of the interests of the child.
The reason for the abolition of adoption is not influenced by the factor on the court decision on the payment of alimony, the court takes this decision on the basis of the need to ensure the maintenance of the child.
The court, assigning alimony, proceeds from the possible preservation of the former standard of living for the child. At the same time, the court takes the material and marital status and the parties and all the circumstances that can affect the level of the maintenance of the child in the future (Art. Art. 81 and 83 of the RF IC). Alimony can be appointed both in the fakes to earn the adopter and in a solid monetary amount.
The former adoptive girl loses the right to according to the Tax Code of the Russian Federation (PP. 4 of paragraph 1 of Art. 218).
In the regions of the Russian Federation, additional support measures may be established for adoptive parents. When canceling adoption, these benefits is losing the adopter. So, in Moscow, a former adoptive girl will lose the right to transport taxability in accordance with paragraph 8, 10 hours 1 of Art. 4 of the Law of Moscow No. 33.
When a child appears in the family, whether it is a native or adopted baby, an adult in relation to him arise duties. They are associated with providing normal physical and mental development. Sometimes it happens that blood or adoptive parents refuse the child or lose their rights to him.
Who can demand a refusal to adopt? Is it possible to abandon the child after the divorce with his reception material? Is imposing adoption at the request of guardianship authorities? What does judicial practice speak about such cases?
Grounds for cancellation
The grounds for which it is possible to initiate a case of adoption in many ways are similar to the deprivation of parental rights. For this require good reasons. Basically, they are associated with a violation of the rights of a minor. Each case in cases of cancellation of adoption is considered individually, the opinion of the child is always heard.
The basis of the abolition of adoption is established in the Family Code of the Russian Federation. First of all, it is the fault of the adopter in relation to the child. This includes a list of illegal actions against the adopted, non-fulfillment of parental duties (the absence of a full-fledged education, the child has no necessary things, clothing, etc.), the application of physical and psychological harm to a child (ill-treatment, socially condemned types of punishment, torture, remaining danger and etc.).
The court may also cancel adoption and on other grounds. For example:
- Disorders of psyche or deviations in the physical condition of the child. If the adoption of the guardianship authorities did not put adopted parents informant about the presence of these circumstances, they may continue to cancel adoption. It does not matter, there was a conscious compliment of information or occurred by overwhelming.
- Did not get along. Such a reason can also be considered by the court if non-rigid parents cannot establish contact with their wards, and the child himself wants to leave the family. The court comes first of all of the interests of a minor and can return it to an orphanage.
Terms of abolition of adoption
The basic condition for canceling the adoption of a child is a violation of his rights and interests. It is necessary to repel from how much the minor in this situation suffers, whether his rights suffered.
All situations and circumstances are so different that the Court is often difficult to figure it out, is it really worth returning the child to the orphanage. This will require not one meeting, with the exception of obvious cases when the fault of the receptional parents is proved.
What faces may require the abolition of adoption?
Submit a claim for cancellation may:
- adoptive parents, in this case they will be the plaintiffs, and the defendant will perform a guardian authority for a minor ward;
- prosecutor's Office or guardianship authorities, in this case the defendants are adoptive parents;
- a child at the reaches of 14 years, that is, partially legal;
- breeding parents of a child if they are not deprived of the court of parental rights.
Initiate the issue of canceling the adoption of interested persons or having public authority. Any persons who have become aware of the violation of the rights of the adopted child may be given. It may be teachers at school, educators, neighbors, relatives who add to the prosecutor's office or guardianship authorities with the relevant statement. In the future, the interests of the child are authorized bodies.
Procedure
Refusal of adoption occurs only by court decision. Just return the child to the care of the state. Examples of the claim:
Statement of claim Be sure to contain:
- the name of the court who considers the case;
- the circumstances of adoption;
- the reasons for which the claim is submitted;
- the requirement to cancel adoption;
- list of attached documents.
Consideration of the case occurs in the district court at the place of stay of the defendant. According to order mandatory condition Is the presence at the court session of representatives of guardianship bodies that protect the interests of a minor.
They visit his place of residence and make up an inspection act, make their decision regarding the domestic and psychological conditions of residence in the family. In relation to the child, medical and psychological expertise are carried out, according to which it is possible to estimate its condition.
Application to the guardianship authorities from adoptive parents with a request to assist in cancellation of adoption:
If the Court decides to cancel adoption, within 3 days the information is transmitted to the registry office, which fix this fact. After the entry into force of the court by force, the legal consequences of the abolition of adoption occur.
Is it possible to cancel adoption if the child has already been 18?
The Family Code suggests that after reaching the child of 18 years, the abolition of adoption is impossible. However, in this rule there are exceptions:
What does judicial practice say?
The existing judicial experience in the abolition of adoption is very versatile. The decision of the court depends on the set of factors, on the specific situation in which the participants of the process were.
It is safe to say that the judge will decide to cancel adoption if the adopted parents have committed unlawful actions against a child, cruelly punished or beaten. The facts of ill-treatment are confirmed by police data and medical examination.
Other good reasons will also be the reason for satisfaction of the claim. Thus, the detection of a mental illness may be a valid cause of a child abandonment, because its aggressive actions against other children in the family can lead to sad consequences (see also :). As a rule, such claims are satisfied.
An example from judicial practice. The boy learned about adoption began to behave badly, not to obey and run out of the house. The claims of the parents were not satisfied, the judge decided that parents need to establish contact with the adoptive son, visit child psychologistAnd not to take it back to the orphanage.
Legal consequences of the procedure
After making a decision, adoption is considered canceled. Legal consequences of his cancellation:
- all contacts between adopted and receiving parents are completely stopped;
- in the presence of blood father or mother, not devoid of parental rights, they are restored as a child;
- the minor himself is transferred to the care of the state or his native parents;
- personal data of the child is changing to the previous (before adoption), children over 10 years of age should agree to change them;
- information about the parents of the child is changing.
The court may decide to leave material obligations for adoptive parents towards the child. So, they may be appointed alimony for the maintenance of a minor, preservation of the share in the right of ownership of real estate.
With the adoption of the child, you must first thoroughly think about this step, weigh all the pros and cons, evaluate your strength. The return of the child to the orphanage inflicts him a serious mental injury for the whole life, do not forget about it.
