Is it possible to abandon an adopted child? Is it possible to cancel an adoption? Where to contact about refusal of adoption in case of divorce

Mikhailovsky Yuri Iosifovich(09/26/2013 at 19:24:13)

Good evening! Family code Russian Federation Article 140. Cancellation 1. Cancellation of the adoption of a child is carried out in judicial procedure. 2. The case of canceling the adoption of a child is considered with the participation of the guardianship and trusteeship authority, as well as the prosecutor. 3. Adoption terminates from the day the cancellation of the adoption of the child comes into force. The court is obliged, within three days from the date of entry into legal force of the court decision to cancel the adoption of a child, to send an extract from this court decision to the civil registry office at the place of state registration of the adoption. Article 141. Grounds for canceling the adoption of a child 1. The adoption of a child may be canceled in cases where the adoptive parents evade fulfilling their parental responsibilities, abuse parental rights, or abuse adopted child , are patients with chronic alcoholism or drug addiction. 2. The court has the right to cancel the adoption of a child on other grounds based on the interests of the child and taking into account the opinion of the child. and adoptive parents (relatives of adoptive parents) are terminated and the mutual rights and obligations of the child and his parents (his relatives) are restored if the interests of the child so require. 2. If the adoption is cancelled, the child is transferred to the parents by court decision. In the absence of parents, and also if the transfer of a child to parents is contrary to his interests, the child is transferred to the care of the guardianship and trusteeship authority. 3. The court also resolves the question of whether the child retains the first name, patronymic and last name assigned to him in connection with his adoption. Changing the name, patronymic or surname of a child who has reached the age of ten is possible only with his consent. 4. The court, based on the interests of the child, has the right to oblige the former adoptive parent to pay funds for the maintenance of the child in the amount established by Articles 81 and 83 of this Code. Resolution of the Plenum of the Russian Federation dated April 20, 2006 N 8 “On the application of legislation by courts when considering cases of adoption of children” 19. Since parental rights and responsibilities arise for adoptive parents as a result of adoption, and not the origin of children from them, it is necessary to keep in mind that in cases of evasion of adoptive parents from fulfilling the duties of parents assigned to them, abuse of these rights or ill-treatment with adopted children, and also if the adoptive parents are sick with chronic alcoholism or drug addiction, the court can decide the issue of (Article 140, paragraph 1 of Article 141 of the RF IC), and not of deprivation or restriction parental rights(Articles 69, 70, 73 RF IC). In these cases, the child’s consent to cancel the adoption is not required (Article 57 of the RF IC). The court, based on paragraph 2 of Article 141 of the RF IC, has the right to cancel the adoption of a child even in the absence of guilty behavior of the adoptive parent, when, due to circumstances both dependent and independent of the adoptive parent, the relationships necessary for the normal development and upbringing of the child have not developed. Such circumstances, in particular, include a lack of mutual understanding due to the personal qualities of the adoptive parent and (or) the adopted child, as a result of which the adoptive parent does not enjoy authority with the child or the child does not feel like a member of the adoptive parent’s family; identification after adoption of mental disability or hereditary abnormalities in the child’s health, which significantly complicate or make impossible the process of upbringing, the presence of which the adoptive parent was not warned at the time of adoption. In these cases, the court has the right to cancel the adoption based on the interests of the child and taking into account the opinion of the child himself, if he has reached the age of ten years (Article 57, paragraph 2 of Article 141 of the RF IC). If the adoption is canceled through no fault of the adoptive parent, this circumstance must be reflected in the court decision. 20. The right to demand the cancellation of the adoption of a child in accordance with Article 142 of the RF IC belongs to the child’s parents, his adoptive parents, the child himself upon reaching the age of fourteen years, the guardianship and trusteeship authority, as well as the prosecutor. If such a demand is made by the adoptive parents (adoptive parent), the appropriate defendant in the case is the adopted child, whose rights and legitimate interests are protected by the persons specified in paragraph 1 of Article 56 of the RF IC. An application to cancel the adoption of a child is considered by the court in the manner of claim proceedings with the mandatory involvement of the guardianship and trusteeship authority, as well as the prosecutor, in the case (clause 1 of Article 78, clauses 1, 2 of Article 140 of the RF IC). at the place of residence or location of the child being adopted, cases of cancellation of the child’s adoption in these cases must also be resolved by the above-mentioned courts.

Cancellation of the adoption of a child in accordance with Article 144 of the Family Code of the Russian Federation is not allowed if by the time the adopted child has reached the age of eighteen years, except in cases where the cancellation of adoption has the mutual consent of the adoptive parent and the adult adopted child, as well as his parents, if they are alive, not or are not recognized by the court as incompetent.

21. When canceling an adoption, the court must resolve the question of whether the child retains the name, patronymic and surname assigned to him in connection with his adoption, keeping in mind that changing the specified data in relation to a child who has reached the age of ten years is possible only with his consent (clause 3 of Article 143 of the RF IC).

Based on the provisions of Article 46 of November 15, 1997 N 143-FZ “On Acts of Civil Status,” the court should also decide the issue of restoring the original information about the place and date of birth of the child, about his parents, if this information was changed at the request of the adoptive parents.

This is a very complex process that involves careful vetting of the family.

After all, it is necessary to protect the interests of the child by eliminating the possibility of crimes being committed against him. Therefore, they undergo a strict selection process.

Accordingly, this topic often concerns the behavior of adoptive parents, not adopted children. Meanwhile, fulfillment in relation to the child imposes serious responsibility. And many cannot stand it, wanting. Termination is also possible for other reasons.

In any case, there is a refusal of adoption. These cases are not uncommon in law enforcement practice. Therefore, the question of how to abandon an adopted child is very relevant. It must be said that raising someone else’s child in your family is a voluntary process. It must meet the interests of both parties. Therefore, adoption occurs only voluntarily: there can be no question of any coercion. As stated above, it is possible various situations

, in which abandonment of the adopted child will be the only option for parents. Regardless of the specific reason, parents have the unconditional right to return the child to

Orphanage

There may be several reasons for such a decision. As a rule, there is a whole complex of circumstances and reasons that make it impossible to further raise an adopted child.

Several main groups of reasons for refusal to adopt should be pointed out:

Besides, big number failures are caused by the termination family relations. Parents stop living together and running a joint household. In fact, the family is breaking up. And interest in joint child lost in both parents. In this case, the parents or one of them requests that the adoption be terminated.

Before going to court, you should try to get help from the guardianship authority, since this specialized department administration, which is obliged to take measures to preserve the adoption.

How is adoption abandoned?

This procedure involves a trial. It is impossible to abandon an adopted child in any other way.

Therefore, there is no need to write an appeal to the guardianship authority. It is necessary to prepare a reasoned application to the judicial authority. Only a judge has the authority to terminate an adoption.

It is this procedure that makes the institution of adoption fundamentally different from the legal relationship between parents and their children. It is impossible to stop them. Parents can only be deprived of their rights. At the same time, they will retain the responsibility to support the children.

And when the adoption is terminated, all legal consequences are eliminated. That is why a statement of claim is required. After all, it is necessary to understand the reasons for the decision and find ways to overcome existing problems. Adoption is a serious responsibility, and arbitrarily taking children into care and then abandoning them is unacceptable.

Because the we're talking about about the initiative of the parents, then they are obliged to prepare a statement of claim. Specified document must meet a number of conditions:

If there are documents confirming the plaintiffs' arguments, they should be attached to the application.

Consequences

Claims of the declared category are satisfied in all cases.

After adoption, the child begins to be perceived as a blood relative, losing contact with old family. He receives the same rights as any other member. If for some reason there is a need to terminate the agreement, such actions are inevitably associated with psychological, material and moral difficulties.

Is it possible to refuse a child adopted into the family? Yes, but only under certain circumstances. The main condition is the infringement of the interests and rights of the taken baby. There are several absolute reasons to start this process:

Proven guilt of the adoptive parents. This applies to situations of cruelty, violence towards a child, or the presence of chronic alcoholism/drug addiction in such a family. If the fact of a fictitious procedure is proven, the baby is removed from it.
The minor’s severe mental/physical illness manifested itself after he was taken from orphanage. Adoptive parents knew nothing about pathology.
No mutual understanding has been reached. It happens that children's rights are not violated and the child's health is not in danger. Just in new family There are no friendly relations, and the adoptive parents cannot find an approach to the minor.

Possible initiators

How to abandon an adopted child? According to Art. 140 of the RF IC, such a procedure is carried out only through the court. Below is a list of those citizens who have the right to demand cancellation (Article 142 of the RF IC):

Biological parents (provided that they have not been deprived of parental rights by a court decision).
Adoptive parents.
A child adopted into the family who is 14 years old.
An employee of the PLO or the prosecutor's office (the defendants will be the adoptive parents).

Possible initiators of this process can also be people who are not indifferent to the fate of the minor (neighbors, relatives, teachers). They should contact the PLO or the prosecutor's office.

To carry out the cancellation procedure, adoptive parents must file a claim with the district court. The rights and interests of the minor will be protected by representatives of the PLO. Until the appropriate court decision is made, refusal of adoption is unacceptable.

Features of the procedure

This procedure must be carried out taking into account the following requirements (Article 140 of the RF IC):

If there is a claim.
With the participation of guardianship and trusteeship authorities.
With the mandatory organization of proper protection of the interests and rights of minors.
If there is a conclusion about the current living conditions of the child.

A similar document is drawn up by employees of the guardianship authority after a visit to the foster family after providing a prosecutor's report on the case. After analyzing all the facts presented, the court makes a decision. Within 3 days, the relevant information is submitted to the registry office.

Is it possible to renounce paternity after adoption?

The court often receives lawsuits from people who adopted their wife’s children, and after a divorce want to refuse to adopt a step-child. A change in marital status will not be grounds for breaking family ties.

During the trial, an additional review of the conditions of detention of the minor is usually ordered. Representatives of educational organizations, psychologists, and teachers take direct part in it. Refusal of a previously adopted child by the father requires compliance with the following algorithm of actions:

Mandatory filing of a claim in court.
Payment of state duty: 400 rubles.
Providing documents proving the applicant’s position.
Ensuring the attendance of witnesses (if any) at the court hearing.
Providing compelling reasons regarding the current situation.

Statement of claim: contents

Must be completed correctly, taking into account specific requirements.

Full name judicial authority, where the documentation is submitted.
Personal information of the applicant and respondent.
Information about the employee of the prosecutor's office, PLO.
Circumstances of the procedure: information about the court decision, its date and number.
A request to refuse adoption with reference to the provisions of the law that allow this procedure to be carried out.

It is necessary to have a signature and a date of registration, which must coincide with the date of filing the claim. Otherwise, the statement of claim and attached documentation will not be accepted for consideration and will be returned to the applicant for revision. Contacting a professional lawyer will help eliminate possible mistakes.

Legal consequences of refusal

If the court decision is positive, the adoption will be terminated. According to the Family Code, the following changes come into force:

Cancellation of adoption of an adult child

You cannot abandon adult adopted children (Article 144 of the RF IC). The following situations fall under the exception:

The presence of living, capable parents who have not been deprived of parental rights to an adult.
Mutual agreement of the parties on cancellation.

Other reasons are not considered. The court decision depends on many reasons, but the interests of the child are always taken into account. Let's look at specific examples.

Refusal. An adult child filed a lawsuit against his adoptive parent. The reason for the cancellation was the sentence passed against the stepfather for criminal offense. The court rejected the claim due to the lack of consent of the adoptive father (Article 144 of the RF IC).

Satisfaction of the claim. A foster boy was taken into the family. He did not make contact and had a very negative attitude towards the eldest son of his adoptive parents. The child was diagnosed with a rare mental pathology, which the family did not know about before. The claim was granted.

A child adopted into a family can only be abandoned if there are compelling reasons: proven guilt of the adoptive parents, a serious illness of the child, or a lack of mutual understanding in the family. If the court decision is positive, the extract is sent to the registry office, where the cancellation of the adoption is registered.

Unfortunately, even families that have gone through trials and difficulties, such as joint adoption and raising a child, fall apart. As a rule, after a divorce, an adopted child remains with one of the parents. And often the second parent asks the question: how to relieve oneself of parental obligations to a step-son or daughter? Especially if after the divorce he created new family, and had his own children.

Rights of an adopted child

Parental rights and responsibilities apply to all children - natural and adopted - equally, and are fully preserved after divorce.

A child who has been adopted has the same rights as a child who is born into this family. And these rights remain after the adoptive parents divorce:

the right to material support;
right to education;
the right to protection, in particular, from discrimination or disadvantage on the basis of adoption;
the right to relationships with adoptive parents;
other rights provided for by the Family Code of the Russian Federation.

Thus, the legal status of an adopted son or daughter is completely similar legal status a child born in wedlock or out of wedlock.

Is it possible to abandon an adopted child after a divorce?

Since the cancellation of adoption is not a rare case, the family legislation of the Russian Federation provides for:

features of the procedure (Article 140 of the RF IC);
legal grounds for cancellation of adoption (Article 141 of the RF IC);
an exhaustive list of persons who have the right to initiate the procedure for canceling adoption (Article 142 of the RF IC);
legal consequences of abandoning an adopted child - for the child himself and the adoptive parents (Article 143 of the RF IC);
cases in which cancellation of adoption is impossible (Article 144 of the RF IC).

Reasons for refusal

The reasons why adoptive parents make this decision can be different:

The child was adopted at the request of one of the spouses, or caused by circumstances that concern only one of the spouses. The second spouse seeks to relieve himself of moral and material obligations.

For example, due to the wife’s inability to become pregnant or bear her own child, a married couple decided to adopt, but after the divorce, the husband abandoned the “alien” child.

The child was adopted at the mutual request of the couple, but after the divorce, the life circumstances of the husband or wife changed. Family breakdown is a difficult experience.

For example, after a divorce, a wife realized that she would not be able to raise her adopted child herself without receiving any support from her ex-husband, who had entered into a new marriage.

The adoptive parents were unable to reach an understanding with the “difficult” child. And after a divorce, you usually have to raise an adopted child alone - this is even more difficult.

Grounds for abandoning an adopted child

If the reasons are life circumstances that force one to make a decision to abandon the child, then grounds– these are the conditions provided for by law, without which such a refusal is impossible.

Firstly, cancellation of adoption is possible only in court (on the initiative of a clearly defined circle of persons), secondly, for this there must be compelling reasons grounds, provided for in paragraph 1 of Art. 141 RF IC:

Avoidance of fulfilling parental obligations to adopted children;
Abuse of parental rights, which is contrary to the interests of children;
Harshness towards children;
Alcoholism or drug addiction.

One can guess that the initiator of the cancellation of adoption on the grounds listed above will not be the adoptive parents themselves, but third parties - the prosecutor, a representative of the guardianship authority. But the right to initiate abandonment of a child is also provided for adoptive parents.

According to clause 2 of Article 141 of the RF IC, the court can cancel the adoption on grounds other than those listed in clause 1, which have nothing to do with guilt and violations on the part of the adoptive parents. This does not contradict the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 8 dated April 20, 2006 (as amended on December 17, 2013). Such a reason could be, for example, the impossibility of raising a child normally:

the child has been diagnosed with a serious mental or physical disorder that impedes his full development;
There is no relationship of trust and understanding between the child and the adoptive parent.

Based on clause 2 of Art. 140 of the RF IC, the court may take into account the mutual reluctance of the adoptive parents or the reluctance of one of the adoptive parents to raise and care for the child, and cancel the adoption. As shown arbitrage practice, even cases of hostile relationships that have developed between a child and adults that interfere with upbringing can be considered by the court as grounds for litigation.

This does not mean that every unscrupulous adoptive parent can easily relieve himself of his obligations to the child. But it is possible to achieve a fair court decision, since the reasons and life circumstances in each family are individual.

Who has the right to ask the court to cancel the adoption?

The law contains an exhaustive list of persons who can initiate legal proceedings:

Adoptive parents;
The biological parents of the child, if they are not deprived of parental rights and are not declared incompetent;
The adopted child himself, if he is already 4 years old;
Prosecutor;
Representative of the guardianship and trusteeship authority.

For example,

The Levchenko couple adopted a 4-year-old boy, but three years later the marriage between them broke up. After divorce ex-husband moved to another city, and after some time his interest in his adopted son waned. A year after the divorce, the adoptive mother filed a lawsuit to cancel the adoption against her ex-husband, on the grounds that he was avoiding fulfilling parental obligations towards the child. The court granted the claim and canceled the adoption, but collected child support from Levchenko.

So, divorce between adoptive parents is not a basis for abandoning a child. But divorced adoptive parents have the right to file a lawsuit to cancel the adoption on other permissible grounds.

How to cancel an adoption after a divorce?

With reasons and on legal grounds We figured it out, now we’ll look in detail at how to actually implement our plans.

Algorithm of actions

Preparation of a statement of claim;
Collection of documents that are attached to the claim;
Filing a claim in court in accordance with the rules of jurisdiction;
Participation in court hearings;
Obtaining a court decision.

Statement of claim

The claim for cancellation of adoption is drawn up strictly taking into account the provisions of Art. 131-132 Code of Civil Procedure of the Russian Federation.

Minor violations of the claim form will result in the documentation being returned to the plaintiff to correct errors, and will cause the proceedings to be delayed. For example, although the law does not prohibit filing a claim in handwritten form, lawyers still advise typing the text - this prevents the claim from being returned due to unreadability. If the content of the claim is legally illiterate, weak, and not supported by documents, the case may be lost and the plaintiff’s demands will remain unsatisfied.

Therefore, at the stage of preparation for the trial - when drawing up a claim and collecting evidence base- It would be useful to enlist the support of a lawyer. If you need advice or help, write to the chat or call hotline and get a free consultation with a lawyer on our portal.

How to file a claim correctly?

The structure of the claim is as follows:

Name of the judicial authority, address;
Information about the plaintiff and defendant: full name, registration and residence addresses;
Information about third parties: guardianship authority, prosecutor;
Title: “Statement of Claim for Cancellation of Adoption”;
Circumstances: when the marriage was concluded and dissolved, when the child was adopted. You can additionally indicate other circumstances: who initiated the adoption, whether the second adoptive parent was against it, how the relationship developed between the child and the adoptive parents.
Reasons and reasons why the adoption should be cancelled;
Evidence, links to documents;
Claim;
List of attachments to the claim;
Signature;
Date of filing the claim.

The completed statement of claim is submitted by the plaintiff to the district/city court at the defendant's place of residence. But if he lives with the plaintiff minor child, he can file a claim at his own place of residence.

Who will be the plaintiff and defendant? Above we listed the circle of persons who have the right to file a claim to cancel the adoption, among them are the adoptive parents themselves. If a claim is filed by one adoptive parent against a second adoptive parent, then the defendant will be the adoptive parent who needs to be deprived of his status. If the claim is filed by two adoptive parents, the defendant will be the adopted child, and his interests will be represented by the guardianship authority and the prosecutor.

Documentation

According to Article 132 of the Code of Civil Procedure of the Russian Federation, all the circumstances that the plaintiff sets out in the claim, on which he relies and with which he substantiates the claims, must be documented. Consequently, the package of applications to the claim must be formed individually, depending on the circumstances, and professional legal assistance should not be neglected when preparing documents.

Main documents:

Receipt for payment of state duty;
Marriage or divorce certificate;
Child's birth certificate;
Court decision on adoption;

Other documents: medical certificates, extracts from the medical history, characteristics of teachers and psychologists, police decisions on an offense and/or administrative liability.

Procedure

Despite the fact that cases of abandonment of adopted children seem out of the ordinary, they are considered within the framework of civil procedural law and are almost no different from other civil cases, with the exception of some features:

The case is heard exclusively in a city or district court;
The prosecutor and a representative of the guardianship and trusteeship authority must take part in the trial;
If both adoptive parents are the plaintiffs, the child is the defendant, in which case his interests are represented by the prosecutor and a representative of the guardianship authority. If the plaintiff is the child himself, who has reached the age of 14, the defendants are his adoptive parents (or one of the adoptive parents);
The court listens to the plaintiff and defendant, considers the documents and other evidence presented, and determines whether the circumstances described in the claim really serve as a basis for canceling the adoption. If necessary, the court requests additional evidence, invites witnesses and schedules forensics;
If the child has reached the age of 10 years, the court must ask and take into account his opinion regarding the cancellation of the adoption;
When deciding to cancel an adoption, the court has the right to recover alimony from the former adoptive parents for the maintenance of the child - until adulthood or until the child is adopted by other persons.

Deadlines

Duration trial for civil and family matters is determined by Article 154 of the Code of Civil Procedure of the Russian Federation:

2 months – for immediate consideration of the case;
1 month – for the court decision to enter into force.

It is possible that the trial period may be extended if a forensic examination is required, during which legal proceedings is suspended.

Expenses

If a claim is filed on behalf of two adoptive parents, they must pay a state fee of 300 rubles (Part 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). If a claim is filed by one adoptive parent against another, as well as by other persons authorized to file a claim to cancel the adoption, they are exempt from paying the state fee, since the claim is filed in the interests of a minor child.

In addition to the state fee, additional costs may be required, for example, for legal advice and representation in court, notarization of documents, and forwarding of documents.

Legal consequences

It is obvious that the cancellation of adoption entails legal consequences for both parties – the child and the adults:

Cancellation of mutual rights and obligations of the child and the adoptive parent;
Return of the child to biological parents (if they are alive and not deprived of parental rights), relatives or to a specialized children's institution - at the discretion of the court and the guardianship and trusteeship authority;
At the discretion of the court - collection of alimony for the maintenance of the child until he comes of age or re-adoption;
With the consent of a child who has reached 10 years of age, a change in the full name received upon adoption, restoration of the previous metric data.

Simultaneously with the removal of all parental obligations, the adoptive parents also lose their rights to the child, in particular, the right to demand maintenance from the child in old age or to inherit the child’s property in the event of his death. The child also loses the right to inherit after the death of the adoptive parents.

For example,

By statement of claim Citizen Timchenko, the court canceled the adoption by her ex-husband of a child taken from an orphanage during marriage, because after the divorce, the ex-husband stopped caring for the 7-year-old boy. A year after the court decision came into force, Timchenko died. His ex-wife tried to prove the child’s right to inheritance after the death of the former adoptive parent. But the court rejected the claim because there were no legal rights and there are no longer any responsibilities left between the deceased Timchenko and the child who was adopted.

Arbitrage practice

Judicial practice in cases related to the cancellation of adoption due to divorce is very insignificant. As a rule, we are talking about formal claims filed in order to relieve oneself of all responsibilities towards the child.

In such cases, the court will cancel the adoption if it finds that...

One or two adoptive parents claim unwillingness to raise and care for the child;
Normal raising of a child by one or two adoptive parents is impossible;
The opinion of a child who has reached the age of 10 does not contradict the wishes of the adoptive parents;
The representative of the guardianship authority also does not object to the cancellation of the adoption.

Question.

My stepfather adopted me after marrying my mother. I was 8 years old. Ten years later, his mother divorced him due to alcoholism and domestic violence. Now I have turned 18, I want to renounce my adoptive parent and all legal rights and obligations to him. Is it possible?

Answer.

Yes, this is possible, but only with the consent of all parties: the mother and stepfather-adoptive parent, as well as your biological father, if he is alive and not deprived of parental rights (Article 144 of the RF IC).

Question.

Many families do not have the opportunity to have their own children. The only way for them to create a full-fledged family is adoption. This procedure requires enormous effort, both legally and morally. Sometimes parents cannot overcome the psychological barrier, and the result is cancellation of adoption.

How does the process work, what documents are needed for this, On what grounds can a revocation of adoption be initiated?? These issues require in-depth study, including judicial practice in such cases.

Legal framework governing the revocation of adoption

The Family Code of the Russian Federation provides for the possibility of refusing adoption. The procedure for cancellation, grounds and consequences are discussed in Articles 140-144 of the SK.

Article 140 says that deprivation of the right to adoption is established through legal proceedings, with the involvement of guardianship and trusteeship authorities and prosecutors.

When the court decision comes into force, the adoption is canceled, and an extract from the decision is transferred by the court to the civil registry office at the place of registration of the adoption agreement.

Article 141 of the RF IC is aimed at protecting the rights of the child, and defines the grounds for the forced cancellation of adoption due to the fault of the parents.

Such reasons may be:

avoidance of parental responsibilities;
abuse of parental rights in relation to the child;
cruel treatment;
chronic alcoholism or drug addiction of adoptive parents;
violation of the rights of the child and his interests;
the desire of the child (the opinion is only taken into account when considering the case and determining other circumstances).

With regards to adoptive parents living in another state, a Russian court decision to cancel the adoption may be made if there are grounds for this. However, the execution of a court decision and the return of a minor to the territory of the Russian Federation depends on recognition of its legality in the state of residence of the family and the child in particular. To facilitate the monitoring and enforcement of legal decisions in the field of family law relating to children's rights, the UN Convention on the Rights of the Child was concluded in 1989. In accordance with Article 21 of this document, countries that have signed it are obliged to promote the protection of the interests of minors during adoption. For this purpose, a process is envisaged for concluding all kinds of agreements and arrangements.

Article 142 of the RF IC defines the circle of persons who have the right to demand termination of the adoption of a child.

Article 143 explains the consequences of the revocation of an adoption. They do not coincide with the consequences of deprivation of parental rights, and the main point is the complete termination of the legal relationship between (or one of them) and the child.

Article 144 of the RF IC determines the impossibility of canceling adoption in relation to a child who has reached the age of majority. The article specifies exceptions to this rule, that is, the conditions under which termination of legal relations is possible.

Conditions and grounds for termination of adoption

The main condition under which it is possible to consider the issue of canceling adoption is a violation of the rights and interests of the child. Each case is considered specifically, taking into account the opinion of the adopted person, his wishes and needs.

The grounds for canceling adoption are specified in the text of Article 141 of the RF IC, and are in many ways similar to However, these concepts should not be confused. When an adoption is cancelled, only the legal relationship between the adoptive parents and children is terminated, while deprivation of parental rights has more serious consequences.

Reasons for canceling an adoption may include the following:

The fault of the adoptive parents. If the guardianship authorities find out that the adoptive parents do not fulfill responsibilities towards the child that meet the criteria, perform them improperly, use violence and cruelty, do not pay due attention to education and health, then they have the right initiate the process of canceling the adoption. Chronic alcoholism or drug addiction of adoptive parents can also cause the adoption to end.
Mental and physical pathologies. If, after adoption by the adoptive parents, it turns out that the child suffers from developmental disabilities, which the guardianship authorities did not notify them about intentionally or due to negligence, then the adoptive parents have the right to apply to the court to terminate the adoption.
No guilt of adoptive parents. In cases where the child’s rights are not violated, there is no threat to his health or life, but for some reason contact in the family is not established, and full-fledged relationships do not arise, the adoptive parents can initiate consideration of the case to cancel the adoption. The court will also consider the child’s desire to leave the family, since the interests of the children must be respected first.

Who can initiate the cancellation of adoption

The law (Article 142 of the RF IC) provides for a circle of persons who can open a case to terminate an adoption. They may be:

Adoptive parents (in this case, in a claim filed for consideration in court, the defendant will be a child, whose interests, due to his minor age, will be represented by the guardianship and trusteeship authorities);
An employee of the prosecutor's office or guardianship authority (adoptive parents will appear as defendants in the lawsuit);
A child who has partial legal capacity, that is, who has reached the age of fourteen;
Biological parents of the child (if they were not deprived of parental rights by the court).

In other words, only those persons who are directly interested in this or are authorized by the state to protect the interests of the child can initiate the process of canceling adoption.

In cases where biological parents apply to the court to cancel the adoption of their child, the grounds for opening a case must be based on reasons stronger than personal desire. These may be the living conditions of children that do not meet regulatory requirements, poor relationships in the adoptive family that violate the interests of the child, etc.

If a child over 14 years of age wishes to leave the foster family and cancel the adoption, he cannot independently act as a plaintiff due to limited legal capacity. His interests should be represented by the guardianship authorities or the prosecutor's office, where he should apply with the initiative.

The initiators of the cancellation of adoption can be any person interested in protecting the interests of the child (relatives, teachers, neighbors) who have information about a violation of his rights. With this information, they must contact the prosecutor's office or guardianship authorities, who will decide on the need and advisability of opening a case.

Which court hears the case of cancellation of adoption?

Consideration of the case on cancellation of adoption is within the competence of district courts. The claim must be filed at the place of residence of the defendant (adoptive parents or child, which is the same in most cases).

Claims to cancel adoption by citizens of foreign states are sent to the republican (regional) court, which has federal status.

Important: it is impossible to refuse adoption before the trial. Cancellation occurs only after the court decision enters into legal force.

Adoption refusal procedure

The Family Code of the Russian Federation establishes a number of requirements for the procedure for canceling adoption. According to the text of Article 140, such cases should be considered:

Only by way of legal proceedings;
With the direct participation of guardianship and trusteeship authorities (as they relate to the upbringing of children);
With the participation of prosecutors at the trial stage;
With mandatory provision of adequate protection of the rights and interests of the child;
With the provision to the court of a conclusion on an examination of the living conditions of the adopted child, issued by guardianship officials after visiting the adoptive family;
With the provision of the prosecutor's opinion on the merits of the case, made during the judicial debate.

After considering all the circumstances of the case, the court makes a decision. If the decision is positive, an extract from it is sent to the civil registry office that registered the fact of adoption within three days.

To consider a case on cancellation of adoption, a person entitled to do so must file a claim with the branch of the district court located at the place of registration of the defendant. The application must contain the following mandatory requirements:

circumstances of the adoption (data of the adoptive parent and adopted child, when and on what basis the court decision was made);
reasons for canceling the adoption;
a petition to terminate the adoption in relation to the specified child;
request to change data in documents (if desired by the plaintiff and defendant);
list of attached documents.

The following documents are attached to the application:

copies of documents confirming the identity of the adoptive parents;
copies of personal documents of the adopted child;
copies of documents confirming the fact of adoption;
evidence of existing grounds for cancellation (conclusion of the guardianship authorities on the child’s living conditions, results of medical and psychological examination, conclusion of a psychologist, etc.)

Sample application form

Consequences of cancellation of adoption

After the court decision enters into force, the adoption is considered terminated. This process carries a number legal consequences both for the child and for the adoptive parents. According to the rules of family law:

The legal relationship between the adoptive parents and the child is completely terminated.
(if they exist and have not been deprived of parental rights).
The child is transferred to be raised by the guardianship and trusteeship authorities or actual parents (if available and have legal capacity).
Personal data (last name and patronymic) are changed to the same if this was indicated in the claim, and a child over 10 years old agrees with the change.
Information about the parents, if they were changed during adoption, is changed to the original information, about which the court makes an appropriate decision.

In addition, the court, depending on the grounds for canceling the adoption, may retain the property responsibilities of the adoptive parents:

child;
maintaining a share of residential property.

Basically, alimony obligations are assigned when an adoption is canceled due to the fault of the adoptive parents.

Cancellation of adoption for adult children

Article 144 of the Family Code of the Russian Federation directly states that once an adopted child reaches the age of eighteen, it is impossible to initiate a cancellation of adoption. The only exceptions are specific cases in which the following conditions are met:

adoptive parents and adopted children express a mutual desire to terminate the adoption;
the biological parents of an adult child are alive and have not been deprived of parental rights in relation to him;
legal capacity biological parents was not limited in court.

The law does not provide for other reasons for canceling the adoption of a child over 18 years of age.

Judicial practice regarding the cancellation of the adoption of a child

In practice, cases of cancellation of adoption are decided by the court either with a positive decision or with a refusal to satisfy the claim. This depends on many reasons, but first of all, the interests of the children and the appropriateness of the decision made in relation to them are considered.

Refusal

The Constitutional Court considered the case of cancellation of adoption, initiated by an adult child, against the adoptive father. The basis for the cancellation was the data on the sentencing of the stepfather for committing a criminal offense for rape of a minor (Article 117 of the Criminal Code of the Russian Federation). The case was in cassation because the court of first instance did not satisfy the claim.

Solution Constitutional Court was negative, since according to Article 144 of the RF IC, to cancel an adoption, the consent of the adoptive parent is required, which did not exist.

Satisfaction of the claim

In the court of the city of Lipetsk it was considered case of cancellation of adoption in relation to a minor child. The adoptive parents were unable to find psychological contact with the adopted child, despite numerous efforts on their part. Besides, Foster-son had an extremely negative attitude towards the plaintiffs’ previously adopted daughter. As a result of numerous visits to the psychologist, he was diagnosed with diseases nervous system in the child, which the guardianship authorities did not inform the parents about.

The court made a positive decision, and the adoption was canceled without assigning alimony.