How much does it cost to adopt a foreign child

U.S. Adoption vs International Adoption

Making this decision is important at the start of your adoption journey.

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It will determine with whom you will work and insure that you are pursuing the right adoption path in building your family. Three issues are critical at this point in the process:

COST

Domestic – According to a 2010-11 Adoptive Families Cost and Timing Survey, private domestic newborn adoptions can cost anywhere between $30,000 to $50,000 dollars, and international adoptions can cost anywhere between $32,000 to $66,000 dollars, depending on the child’s country of origin. Travel costs to the country you are adopting from need to be figured into the total, as well as repeated visits, and extended stays. Adoptions can also be paid for with adoption tax credits, grants, loans, adoption assistance, and private fund raising.
International – Depending upon the country from which you adopt, international adoption can be very costly, ranging anywhere between $32,000 to $66,000 dollars, depending on the child’s country of origin. Travel costs to the country you are adopting from need to be figured into the total, as well as repeated visits, and extended stays. Most agencies can help you estimate the total fees/cost before you begin your journey. In addition to out of pocket costs, international adoption will usually require more travel costs and time away from home/work.

AGE OF CHILD DESIRED

Domestic – If you are looking to adopt a newborn or young infant, you are looking at a domestic adoption. It’s that simple.
International – International adoptions are of non-infants. Let’s clarify. Children adopted from overseas must be cleared for adoption. They must meet local guidelines and be offered to a local family before being eligible for an international placement. As a result, there is always a period of several months prior to the referral for adoption. In addition, all adoptions take time to process. By the time the child would come to the United States 6-12 months would have elapsed. Except for a few programs where children under the age of 8 months are referred for placement, the majority of children are at least 1 year of age at the time of referral and almost 2 years old when they immigrate to the United States. If you are looking to adopt a young toddler or an older child you can choose to adopt internationally or through the U.S. foster care system.
If considering U.S. foster care, you will be able to adopt locally or from another state. Most children are older and have been placed into foster care due to child abuse or neglect. They may have been in several foster care placements prior to being “freed” for adoption. If you agree to take an infant into your home, check to see if the child has been freed for adoption or if it is a foster care placement with a family reunification or adoption goal. If the child is not freed for adoption, it is a risky placement—meaning the child can be removed from your home and placed with a family member or even another foster care or adoptive family. Children freed for adoption in the foster care system are typically 4 years and older.

WAIT TIMES

Wait times for international adoptions are comparable to private domestic adoptions, if not longer. With the increasing amount of paperwork required to adopt a child from another country, and the adherence to The Hague Convention adoption process, the gap between domestic private adoption and international adoption wait times has been closing. According to a 2010-11 Adoptive Families Cost and Timing Survey, an average international adoption can take anywhere from 6 months to a few years to be completed.

BACKGROUND OF CHILD REQUIRED

Domestic – If it is important for you to have medical, familial and social background on a child — you are looking at a domestic adoption. In cases of private domestic adoption, a Birth Mother is matched with the Adoptive Parents and can provide medical history, genetic information, drug history, and other relevant health information to the adoptive parents. The Birth Parent will be asked to complete a long questionnaire. There are questions on medical, extended family (3 generational), education achieved and talents and hobbies. You will have the opportunity for a physician to review pre-natal records and ask questions directly of the OBGYN or hospital personnel.
International – There may be more unknowns with an international adoption. International adoptions commonly involve foster care facilities and orphanages, not Birth Mothers, the biological mother of an adopted child. In an international adoption, the child’s history typically begins when they are “abandoned” at the maternity hospital or orphanage. The record will contain any medical appointments or treatment as of that time. If it is an older child, it will include social and educational information. The extent and quality of information varies from country to country and institution to institution. While a physician in the U.S. can review the information provided, in very few instances is there an ability to reach out to a Birth Parent for more information. International adoptees may be under-immunized and be at risk for infections dues to often-crowded living conditions, malnutrition, lack of clean water and exposure to endemic diseases that are not common in the US. Medical histories and biological family histories are often unavailable or very limited for international adoptees. Also note that internationally adopted children will have a harder time finding their birth families later in life, if they wish to contact them.

TRAVEL NECESSARY TO COMPLETE ADOPTION PROCESS

Domestic – Domestic adoptions require an Adoptive Parent to travel to the place of the child’s birth to obtain custody of the child. Many Adoptive Parents travel to meet Birth Parents prior to birth. Some adoptions require the Adoptive Parent to travel back to the state where the child was born to finalize the adoption. If a parent cannot fly, they can choose to adopt from a nearby state, thereby being able to drive rather than fly. When adopting domestically, your travel will be limited to the US, to the state where your Birth Mother is living.
International – International adoptions often require you and/or your spouse to travel to the country from which you are adopting for several weeks. Trips may be for a few days or several weeks’ duration. Often with international adoptions, more than one trip is required. It is important if considering an international adoption that you ask about travel and in-country stay requirements. If an Adoptive Parent cannot fly or stay away for an extended period, this option may not be for you.

GOVERNING LAW

Domestic – In the U.S., adoption laws vary state by state. Thus, it depends on what state the Adopting Parents live in and the state the Birth Parent(s) live in. For more information on your state’s adoption laws, click here.
International – Adoption laws change from year to year, and from country to country. Changes in intercountry adoption bans and regulations in different countries may cause unexpected challenges for prospective international adoptive parents. For instance, Cambodia, which does not comply with the Hague Convention, has retained its right to continue to ban adoptions between the United States and Cambodia into 2013. Whereas, Lesotho, an African country, has lifted its ban on intercountry adoptions as of February 28, 2013. When choosing which country to adopt from, timing can play a crucial role.

YOUR AGE

By the time individuals or couples turn to adoption, most have spent time pursuing a biological child, including fertility treatments. The years have progressed and you are probably in your late 30’s or upper 40’s. Some of you may even be in your 50’s. How does your age impact on your adoption options and choices?

Domestic – In the majority of domestic adoption, the Birth Mother will choose the Adopting Parent(s). If she has no problem with your age, the adoption can move forward. However, in domestic adoption, some agencies put a cut off on an Adoptive Parent’s age, usually at 40. Why? If the adoption agency is showing your profile to a Birth Mother and you are competing with younger singles and couples, the agency may feel your chances of being selected are low. While it may not seem so to you, they are actually doing you a favor by not taking you on as a client when there is little chance of success. You can ask the agency if you found your own Birth Mother, would they provide the needed services. Most agencies will agree to do so.
International – In international adoption, each country (and domestic agency) has age guidelines and restrictions. Many keep the age difference between the child and youngest parent at 40 years. This does not mean you cannot adopt, just that depending on your age, you would be referred an older child.

MARITAL STATUS

Singles and couples can adopt.

Domestic – Domestic adoption has no limitations, although marital stability must be evident.
International – There are stricter regulations in international adoption. Some countries require marriage or marriages of several years duration, and some limit adoptions to individuals with multiple divorces.

MEDICAL OR PSYCHIATRIC ILLNESS

Where current or a history of medical or psychiatric illness exists, the Adopting Parent will need to provide evidence of current stability. This would require a letter from the treating physician. Some countries will not allow individuals with specific medical or psychiatric conditions, including the taking of psychiatric medications, to adopt.

HISTORY OF ARREST

If there is a history or arrest, whether or not you were convicted of the crime, the Adopting Parent will need to provide a disposition of arrest and an explanation of the circumstances. If a DUI or DWI, proof of rehabilitation (i. e. classes, treatment, etc.) will be needed, as well. Some countries will not allow anyone with an arrest history to adopt.

HISTORY OF CHILD ABUSE OR NEGLECT

If ever charged as the perpetrator of child abuse, depending on the result of the child abuse clearance, you may not be able to adopt, either domestically or internationally.

HISTORY OF DOMESTIC VIOLENCE, SEXUAL OR CHILD ABUSE

If you were the victim of any of the above, you will need to discuss the circumstances and any rehabilitation received. Current emotional stability is necessary to proceed with an adoption. Some international countries will not allow individuals to adopt with such a history.

RELIGION

Individuals of all religions adopt. However, if adopting an older child who is already observant, an adoptive parent needs to be flexible in allowing the child to continue observing his or her religion. Some domestic agencies and international programs prefer families of a specific religion.

INCOME

Families of all income levels can adopt.

Domestic – Domestically, those with very limited resources should look at adopting from foster care. Other individuals can pursue a private adoption.
International – To adopt internationally, a family must show an income 125% over the Poverty Level for at least 3 years.

CONCLUSION

There are issues that can affect your adoption process from the very beginning. Domestic adoptions are of newborn infants or older children in foster care. International adoptions are of toddlers and older children.

By making your decision at the beginning of your adoption journey you will be able to choose an adoption agency or attorney with whom to pursue the adoption.

It is important that Adopting Parents meet the guidelines discussed above for age, marital status, medical, criminal and child abuse histories, as well as other requirements for a particular type of adoption process.

It is important that all areas included in this article are discussed with any adoption agency or attorney before the adoption process is started. These areas will also be discussed with the social worker who does the Adoption Home Study.

Knowing the limitations of options, and honesty from the start will eliminate unexpected delays and barriers to an adoption.

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American Adoptions - Comparing the Costs of Adopting

The amount of money you have budgeted for adoption could determine which type you choose to pursue; whether that’s:

Private/domestic adoption
International adoption
Foster care adoption

The costs of adopting will vary for each method because they have their own unique adoption services and benefits for adoptive families. Understanding the different costs of adopting and the services your money goes toward is essential to choosing the best type of adoption for your family.

Let's dive deeper into the varying costs of adopting. To get more information about American Adoptions' current cost estimates for adoptive families, you can get free information now when you call us at 1-800-ADOPTION.

Prospective birth parents searching for information on financial assistance for choosing adoption can fill out our free contact form to connect with an adoption professional today.

The Costs of Adopting Privately/Domestically

Private adoption refers to the adoption of infants when their birth parents voluntarily place them for adoption. There are two main types of private adoption for families to pursue: agency adoption and independent adoption.

Agency Adoption: An adoption agency completes the entire adoption process from beginning to end, including helping the family find the right adoption opportunity with a pregnant mother through advertising and networking.

Independent Adoption: The adoptive family independently finds a pregnant mother through advertising or networking and uses the services of an adoption agency and/or attorney to legally complete the adoption. But be wary, advertising without a licensed professional may be illegal in your state.

A full-service agency gives an honest and transparent cost based on assessing your needs. The adoption fees and costs will vary based on your specific situation.

Because you deserve to work with the best adoption professionals, American Adoptions promises to give clarity to your adoption costs. Our services and support make it worth every penny.

With us, your money is well spent and goes towards providing you with benefits such as:

Full-service: As a full-service adoption agency, your expenses will go towards all the useful resources we offer, such as matching services, education opportunities, 24/7 counseling for prospective birth parents and many more benefits other agencies don’t include in their fees or don’t offer at all.
Risk-Sharing Program: In the event of an adoption disruption, we will directly issue you a refund of the money you have spent on the adoption opportunity. Other adoption agencies don’t offer this kind of adoption insurance or, if they do, the money is rolled over until you find a different adoption opportunity with that agency. We give you your money back so that you can choose how you’d like to spend it moving forward.
National scope: Our status as a national adoption agency means we work with many prospective birth families at once from all over the country. This allows us to find you the perfect adoption opportunity in a shorter amount of time.

When you work with American Adoptions, we promise that you will always get what you pay for, and we will do everything in our power to help you create the family of your dreams. And you can’t put a price on that. You can call us today at 1-800-ADOPTION or fill out our free online contact form to get more information on our adoption costs.

The Costs of Adopting Internationally

International adoption, or intercountry adoption, refers to the adoption of a child from another country. While international adoption has similarities to private adoption, it also has unique steps and costs, including:

International adoption used to be a popular way for hopeful parents to expand their families. However, the number of international adoptions has dropped dramatically in recent years. A couple of reasons for the decline are because of changes in foreign government policy and from the COVID-19 global pandemic.

Another reason is perhaps the increased costs of adopting from certain countries. International adoption also has much longer wait times. Domestic adoption can take up to one to two years in some cases, but with international adoption, that jumps to two to five years. There are also greater risks and more stern restrictions on who can adopt, depending on the country you are adopting from.

Average Total Cost of International Adoption by Country

China: $26,000 – $31,000 + travel
Haiti: $26,000 – $32,000 + travel
South Korea: $32,000 – $38,000 + travel
Taiwan: $22,000 – $27,000 + travel
Uganda: $24,000 – $30,000 + travel + cost of living in Uganda to foster the child for one year.

Average Individual Costs of International Adoption

Agency Fees/Program Application: $14,181
Major Travel Expenses: $8,210
In-Country Adoption Expenses: $6,412
In-Country Travel Expenses: $2,234
Dossier Preparation and Clearance: $1,818
Child’s Passport, Visa, Medical Exam: $816

*Each cost an average of China, Ethiopia, South Korea and Ukraine from 2018-2019.

The Costs of Adopting through Foster Care

The least expensive method of growing your family through adoption is always going to be through your state’s foster care system.

Of course, foster care adoption isn’t for everyone and presents its share of challenges to adoptive families. If you’re fostering to adopt, there is still a chance that the child may eventually reunite with their biological family or become ineligible for adoption.

But, every year thousands of families reach out to children in need of permanent homes. In the U.S., there are around 437,000 children in the foster care system, and depending on your state, there are hundreds of children ready for adoption today.

Adoptive Families Magazine found the following about foster care adoption:

Average Costs of Foster Care Adoption

Home study fee: $231
Attorney fees: $1,573
Travel expenses: $342
All other expenses: $598

The average total cost of foster care adoption is around $2,744.

***

These figures are just a snapshot of the average costs of adopting through each method. To determine which option is best for you and your family, continue your research into each type of adoption, as well as into several adoption professionals within each type of adoption.

To learn more about American Adoptions’ costs and benefits, you can call us at 1-800-ADOPTION to get free adoption information today.

If you're a prospective birth parent needing information on adoption costs, you can fill out this online form to speak to one of our adoption specialists today.

Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. America Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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Adoption of a child - German Federal Foreign Office

Foreign adoption

Attention! The Russian Federation is not a party to the Hague Convention on the Protection of Children and Cooperation with regard to Foreign Adoption (HAÜ). With the entry into force of the German Adoption Assistance Act on April 1, 2021, it became mandatory to conduct a procedure for recognizing and determining the entry into force of the Russian decision on adoption before the German Family Court.

Only so-called assisted adoptions, ie those carried out with the participation and mediation of a German accredited adoption agency, can be recognized. It is possible to confirm the support of the adoption by the authorities of the state of residence of the child and the state of residence of the adoptive parents by presenting a certificate from an intermediary organization dealing with adoption, in accordance with § 2d of the Adoption Law (AdVermiG).

With regard to national adoption, nothing changes with the entry into force of the Law on Assistance in Adoption.

How can I adopt a child, a citizen of the Russian Federation?

If you, being a German citizen, wish to adopt a child from the Russian Federation, you must apply to an accredited intermediary organization dealing with adoption issues. There you will receive advice on the adoption procedure, as well as assistance in the implementation of your intentions.
Please note that, in accordance with the laws of the Russian Federation, adoption of children by same-sex couples is not possible.

Your German mission abroad at the place of residence of the child in the Russian Federation will support you by issuing a certificate in Russian, briefly explaining the impact of the adoption of a child on his citizenship from the point of view of German law. Experience shows that Russian courts require the presentation of such a certificate. As a rule, the specified intermediary organization dealing with adoption issues takes care of the submission of documents necessary for the issuance of this certificate, and the issuance itself.

How can my adopted child obtain German citizenship/passport?

According to German law, a child under the age of 18 who is adopted in accordance with German law acquires German citizenship automatically upon adoption.

In the case of adoption proceedings initiated after 04/01/2021, the acquisition of citizenship takes place only after the German family court has declared its recognition.

To enable you and your adopted child to enter Germany before the end of the recognition and citizenship procedure, it is possible to issue a visa upon presentation of a certificate in accordance with § 2d of the Adoption Act with incidental recognition of the adoption decision by the foreign mission.
Please contact the visa office in advance as experience has shown that it may take some time to issue a visa.

Only in cases where it can be shown that the adoption process was initiated by an intermediary agency dealing with adoption, up to 21.04.2021 , after an incidental verification of the adoption decision, a German passport can be issued for entry into the Federal Republic of Germany.

If you plan to enter Germany after the completion of the adoption procedure, please contact the competent foreign mission in advance in order to carry out an incidental verification of the adoption decision. It is usually necessary to submit the following documents:

decision of the Russian court on adoption (adoption) with a note on the entry into force of this decision with translation
The previous birth certificate of the child before adoption (simple copy)
A new birth certificate after adoption with an apostille and translation
Russian foreign passport of the child
A certificate from the accredited intermediary organization
copies birth certificates of adoptive parents
if available, certificates of name change/divorce certificates if the adoptive parents had previous marriages

Please note the following:

Experience shows that Russian court decisions on the adoption of children by foreign citizens contain somewhat more information than decisions issued to adoptive parents who are Russian citizens. Therefore, when verifying decisions issued by a Russian court to Russian citizens, additional documents may be required.

The process of adoption of Russian children by foreign citizens how to become a parent in 2023 - Legal support

Home » Complaints » The process of adoption of Russian children by foreign citizens how to become a parent

Author Petr Kuznetsov To read 26 min citizens

Matytsina, M. S. The procedure for the adoption of Russian children by foreign citizens / M. S. Matytsina. - Text: direct // Young scientist. - 2021. - No. 3 (345). - p. 193-195. — URL: https://moluch.ru/archive/345/77663/ (date of access: 01/05/2023).

In recent years, the institute of intercountry adoption has attracted great interest in various spheres of life of citizens, including science. Attention is drawn to the fact of the appearance of many works related to both ordinary adoption and adoption complicated by a foreign element, that is, international adoption [1]. Such an increased interest in this area is caused by a significant number of problems in the legal regulation of adoption issues. In addition, there are many cases of unsatisfactory consequences of intercountry adoption. All these consequences require a certain prevention of their recurrence in the future.

As of 2019, as in the previous two years (2017–2018), the most common adoptive parents of Russian children among foreign countries were citizens of Italy (54.8% of cases considered with satisfaction of the application), citizens of Spain (15 .0%) and citizens of France (5.1%) [2].

Adoption of children by foreign citizens is a complex procedure, which is divided into several stages. These stages are: preparatory, which includes the preparation of the adoptive parent, the collection of the necessary documents by him, the selection of the child; the judicial stage, which involves directly considering the application of the prospective candidate, establishing the conditions in which the child is planned to live and issuing the final court order, and the post-trial stage, which consists in registering the adoption, registering the adopted child. The last stage also includes activities for further monitoring of the living conditions of adopted children [1].

The pre-trial stage can be divided into two sub-stages. One of them is carried out in the territory of the place of residence of the adoptive parent, and the other in the state of residence of the child. Candidates for adoptive parents first submit a statement of their intention to the competent authority in their country. For example, in Spain this body is the Ministry of Social Development, in France - the Service for Social Assistance to Childhood. After receiving the application, these bodies, within their competence, examine the conditions for the future residence of the child and give permission for adoption or refusal of such permission.

The application of the adoptive parents with an application for adoption (adopter) to the guardianship and guardianship authorities or the federal data bank of children left without parental care of the country in which he wants to adopt (adopt) a child is a key stage in the adoption process. The applicant must submit his application and other documents that are listed in Decree of the Government of the Russian Federation No. 275.

Transfer of children to foreign citizens is possible after 12 months from the moment the child is placed in this Bank for Children [3].

For foreign citizens who want to become adoptive parents for a Russian child, they are subject to centralized registration. They apply directly to the education authority of the constituent entity of the Russian Federation.

After the documents provided by the potential adoptive parent are considered, the guardianship and guardianship authorities will organize the convening of the Commission in order to comprehensively examine the conditions for the child's possible future life in the applicant's family. Based on the results of such an audit, within 15 days from the date of its completion, a conclusion is drawn up on the advisability (inappropriateness) of adoption (adoption) by this particular applicant.

At the next stage of adoption, the guardianship authority provides the potential adoptive candidate with a list of children who can be adopted by him. The legislator gives the applicant the obligation to familiarize himself with the list of children, as well as with all the data about him, including medical documents, as well as to communicate with the attending physician, if there is a reason for this. After reviewing such documents, the applicant gives a receipt, which confirms the fact of his familiarization with all the necessary documents, allowing him to fully and comprehensively learn about the child who is subject to adoption. An important step in the adoption procedure is the acquaintance of the future parents with the child. This is done in order to communicate, establish contact, find out the possibility of further living together, as a single family. With regard to intercountry adoption, the consent of the child to such an adoption plays an important role, since it, as a rule, gives rise to the transfer of the child to another country. Such a change of scenery often causes some stress for any person. And he, in turn, from the point of view of the current legislation and law enforcement practice, can be considered as a psychological trauma, which is contrary not only to the interests of children, but also to the basic principles of family law [4].

The final decision is made by the court in a closed court session in the manner established for the consideration of cases of special proceedings. In such cases, the participation of a prosecutor, a representative of the guardianship and guardianship authority is mandatory, and if the adoptee is 10 years old at the time of adoption, then the decision is made taking into account his opinion of the child. After a comprehensive and complete consideration of the case, the court makes a decision to satisfy the application for adoption or to refuse to satisfy it.

The final stage of adoption is the execution of the decision. Within three days from the date of the decision, the court sends the said decision to the civil registry offices to carry out the necessary registration actions. In the future, control over the observance of the rights of adopted children after they have moved to the territory of the state of the adopter is carried out within the framework of the powers granted by the norms of international law by the consular institutions of the Russian Federation, in which adopted children are registered until they reach the age of majority.

It can be concluded that the international adoption procedure is not a quick process, but an activity consisting of several stages. Thus, the procedure for international adoption includes preparatory, judicial, post-trial.

Problems related to international adoption of children have recently been actively discussed in the scientific community. Moreover, the views of scientists are not unambiguous. On the one hand, it is impossible to dispute the fact that a child will receive a better upbringing in a family than in an orphanage, on the other hand, after adoption, various kinds of difficulties may arise for both adoptive parents and adopted children. Especially such difficulties may arise if the adoptive parents are citizens of another country in comparison with the child. This is due to different worldviews, mentality, lifestyle, language. And the older the child, the more difficult it is for him to get used to the new environment, to new relatives.

Foreign state authorities do not have any obligation to exercise control over children who are adopted on the territory of the Russian Federation, since there is no indication of this in the laws. The only option for ensuring surveillance of adoptive parents is the conclusion of bilateral agreements between countries, which are not always available. The Russian Federation is currently deprived of the opportunity to exercise any supervision over the observance of the interests of children who are adopted by foreign citizens. It should be noted that if a foreign citizen for any reason decides to abandon the child, the child is not returned to the Russian Federation. There is no mandatory return for such situations. If the adoption is cancelled, the child remains in the country of the adopter. And this entails further transfer to a new family for upbringing, which once again adversely affects the child himself.

However, even given these circumstances, intercountry adoption remains one of the most common ways to place children in a family in many countries around the world. This necessitates a more detailed regulation of the procedure for the adoption of children by citizens whose country of origin differs from the country of citizenship of the child.

In our opinion, it is necessary to legally provide for cases of refusal of parents from an adopted child. Thus, we believe that it is worth introducing a provision stating that the abandonment of a child must be made on the territory of the country where the adoption takes place. This will allow children to return to their country of origin if their adoptive parents refuse to carry out their assumed obligations towards the child.

Issues of legal protection of children with the participation of a foreign element are also regulated by bilateral agreements on legal assistance, which are concluded between the Russian Federation and a number of foreign countries (France, Italy, Lithuania, Georgia, etc. ) and the CIS Minsk Convention on Legal Assistance and Legal Relations on civil, family and criminal cases of January 22, 1993, in which conflict issues of adoption, like the RF IC, are resolved using the laws of the state of which the adopter is a citizen.

In 2000, Russia signed the Hague Convention on the Protection of Children and Cooperation with regard to Foreign Adoption of May 29, 1993, which details the provisions of the Convention on the Rights of the Child, in particular the requirements for foreign adoption, recognition and consequences of adoption, procedural requirements, obligations in this central authorities of the participating countries and authorized organizations. The Hague Convention is applicable in cases where the child permanently resides in one of the contracting states, and being adopted, moves to another contracting state.

The international legal framework for adoption is also provided by the Declaration on Social and Legal Principles Concerning the Protection and Welfare of Children, Especially in the Placement and Adoption of Children at the National and International Levels of 3 December 1986 and the European Convention on the Adoption of Children of 24 April 1967.

The legislator, when implementing adoption by foreign citizens, has fixed a number of provisions aimed at protecting the rights and legitimate interests of the adoptees. However, there is still no state body that would be authorized to control the standard of living of children in new families.

In accordance with paragraph 2 of Art. 165 of the Family Code of the Russian Federation, if as a result of adoption the rights of the child established by the legislation of the Russian Federation and international treaties of the Russian Federation may be violated, the adoption cannot be carried out regardless of the citizenship of the adopter, and the adopted adoption is subject to cancellation in court.

Protection of the rights and legitimate interests of children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons outside the territory of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation, is carried out within the limits allowed by the norms of international law, the consular offices of the Russian Federation in which children are registered until they reach the age of majority.

In our opinion, it is necessary to create a state body of the Russian Federation, which would be authorized to control the life of children after their adoption by foreign citizens.

In addition, it is advisable to conclude bilateral agreements between the Russian Federation and the states where the adoption is carried out, where the issue of authorizing a state body of another country to monitor the observance of the rights of children in the families of adoptive parents would be resolved.

It is also necessary to legally provide for cases of refusal of parents from an adopted child. Thus, we believe that it is worth introducing a provision stating that the abandonment of a child must be made on the territory of the country where the adoption takes place. This will allow children to return to their country of origin if their adoptive parents refuse to carry out their assumed obligations towards the child.

Azizova A. Yu. Adoption according to family law: dis. … cand. legal Sciences. Tashkent, 1990. S, 94.
Review of the practice of consideration in 2019 by regional and equal courts of cases on the adoption of children by foreign citizens or stateless persons, as well as citizens of the Russian Federation permanently residing outside the territory of the Russian Federation "(date of access: 08.12.2020)
Zalunina N. B. International adoption: legislation and practice of its application // Protection of the rights of the child in modern Russia / Ed. ed. A. M. Nechaeva. M., 2004. S. 133.
Decree of the Government of the Russian Federation No. 275 dated March 29, 2000 (as amended on 06/02/2016) “On approval of the rules for the transfer of children for adoption (adoption) and monitoring the conditions of their life and upbringing in families of adoptive parents in the territory of the Russian Federation and the Rules for registering children who are citizens of the Russian Federation and adopted by foreigners by consular institutions of the Russian Federation citizens or stateless persons // SZ RF. 04/10/2000. No. 15. Art. 1590.

Basic terms (automatically generated) : child, international adoption, adoption, Russian Federation, citizen, guardianship authority, country of origin, adoptive parent, adopted child, Hague Convention.

Modern problems of adoption of children - citizens of the Russian Federation by foreign citizens

Atamanchuk, MA Modern problems of adoption of children - citizens of the Russian Federation by foreign citizens / MA Atamanchuk, DA Golovinov. - Text: direct // Young scientist. — 2021. — No. 49(391). - S. 162-165. — URL: https://moluch.ru/archive/391/86309/ (date of access: 01/05/2023).

Article analyzes the practice of adoption of children - citizens of the Russian Federation by foreign citizens. Based on the legislative framework, official data, statistical reports and judicial practice, the main problems and trends in the development of the institution of intercountry adoption in Russia are displayed, and the opinions of scientists on the presented issue are considered. Based on the data studied, the results of the study are summarized.

Keywords : international adoption, children, foreign citizens, trends, problems.

The article analyzes the practice of adoption of children — citizens of the Russian Federation by foreign citizens. Based on the legislative framework, official data, statistical reports and judicial practice, the main problems and trends in the development of the institute of international adoption in Russia are identified, the opinions of scientists on the presented issue are considered. Based on the studied data, the results of the conducted research are summarized.

Keywords: international adoption, children, foreign citizens, trends, problems.

It is almost impossible to imagine modern society without the institution of adoption. It has deservedly become one of the priority areas of legal development worldwide. The institution of adoption was already known in the legal system of ancient Rome, however, despite its antiquity, it continues to develop and improve to this day. One of the most important points in the development of the institution of adoption was the emergence after World War II of international adoption.

In Russia, the development of the institution of intercountry adoption began with the signing and ratification in 1990 of the UN Convention on the Rights of the Child [1].

According to this Convention, intercountry adoption may be applied "if the child cannot be placed in foster care or placed with a family that could provide for his upbringing or adoption, and if the provision of any suitable care in the country of origin of the child is impossible" . In addition, it notes that participating countries are obliged to ensure that the same norms, guarantees and rights of the child apply in the “receiving” country as apply in the case of adoption in the “giving” country.

If we take into account the procedure for the adoption of Russian children by foreign citizens, then the main difference between the process of international adoption and domestic adoption is the mandatory inability to transfer children to Russian citizens permanently residing on the territory of the Russian Federation, or for adoption by relatives of children, regardless of their citizenship and place residence [2]. With the exception of this factor, the conditions are the same for adoption within the country, and for the adoption of a child from Russia by a foreign citizen, or a stateless person.

Adoptive parents must have sufficient income to support the child, permanent residence, no outstanding criminal records and not be in a same-sex marriage, and not be citizens of a state in which such a marriage is allowed.

Thus, capable adults of both sexes can be foreign adoptive parents. A child can be adopted by both spouses and by one person, married or unmarried.

Adoptive parents cannot be:

- Persons recognized by the court as incapable or with limited capacity, as well as spouses, one of whom is recognized as such

- Persons deprived of parental rights by the court or limited by the court in parental rights improper fulfillment of the obligations imposed on him by law

- Former adoptive parents, if the adoption is canceled by the court through their fault

In addition, there is a list of diseases in which a person cannot become an adoptive parent either:

- Tuberculosis in I and II groups of dispensary observation

- Infectious diseases before the termination of dispensary observation due to persistent remission treatment

- Mental and behavioral disorders until dispensary observation is terminated

- Drug addiction, substance abuse, alcoholism

- Disability of the I group

Foreign citizens who have successfully passed all the above filters, according to Article 127 of the Family Code of the Russian Federation (hereinafter referred to as the RF IC) [3], must undergo special training if they have not previously been adoptive parents, or are not close relatives of the child .

Despite the formal definition of all the criteria and requirements for the process of international adoption, by examining practical examples, we can find a number of problems. The first of the significant problems of international adoption is the imperfection of state control over the observance of the interests of adopted children, whose protection and patronage outside the territory of the Russian Federation is guaranteed by the Constitution of the Russian Federation [4].

Most of the children are successfully settled in foster families, however, in the process of adaptation to the unfamiliar conditions of a foreign country, the child needs the support of new parents and guardianship authorities. In addition, there are precedents for child abuse or violence. The reasons for such incidents may be the moral unpreparedness of adoptive parents for life with a child, deceived expectations, misunderstanding, or deliberately selfish goals. Russian legislation establishes control over the living conditions and upbringing of an adopted child, however, guardianship authorities often cannot exercise control over the upbringing of children adopted by foreign citizens, since their jurisdiction is limited to the territory of the Russian Federation.

Protection of the rights of adopted children on the territory of other states is carried out by consular institutions [5], where children are registered, according to international law, or treaties of the Russian Federation, but their powers are limited by the consular district, therefore they cannot exercise full control over the living conditions of the child .

As L.M. Churkina notes in her study [7], foreign adopters often neglect the requirements of Russian and international legislation, as a result, the issue of improving control over foreign adopters is extremely acute.

Thus, at the moment it is almost impossible to exercise effective control over the living conditions of adopted children and to apply measures to prevent violations.

Another equally important issue is intercountry adoption mediation.

Russian legislation Article 126.1 of the RF IC prohibits intermediary activities in the course of adoption. It is worth clarifying that such activities are not the actions of guardianship authorities, executive authorities and bodies specially authorized by foreign states.

Control over the activities of bodies and organizations of foreign countries on adoption, regular inspections and issuance of permits for activities is carried out by the Ministry of Education and Science of the Russian Federation [6]. To open a representative office in the Russian Federation, a large list of documents is required, but there are no restrictions or prohibitions on obtaining such a permit.

In practice, foreign organizations that have received the appropriate permission can search for information about children and pass it on to adoption agencies, thus acting as an intermediary.

Another important problem, in our opinion, is the secrecy of the adoption of a child (Article 139 of the RF IC). The opinions of scientists about the expediency of the secrecy of adoption in modern legislation differ. For example, A. G. Grigoryeva [8] believes that Russian society in its current state is not ready to abolish the secrecy of adoption. N. V. Letova [9] connects the need for the secrecy of adoption with the creation of a trusting relationship between foster parents and an adopted child, thereby facilitating the process of raising a child. Contrary to this opinion, some scholars express doubts about the need for secrecy of adoption at the present time. For example, M. V. Antakolskaya [10] considers the current position of the state regarding the secrecy of adoption obsolete. In her opinion, who has reached the age of majority, has the full right to all information related to his adoption.

The next problem is the interests of the child's biological parents and their protection. The consent of the biological parents is mandatory when adopting a child (IC RF Article 129), however, if the reason for their non-participation in the maintenance of the child is recognized as unreasonable, their opinion may not be taken into account by the court in adoption cases. The process of establishing unreasonableness is currently not perfect enough and in practice, candidates for adoptive parents can obtain data on children and start the process of legal proceedings in the adoption case even before the final court decision is made to recognize the reasons for non-participation in the maintenance of the child by biological parents as unreasonable. Such problems arise due to the difference in the procedural features of adoption cases and cases on the recognition of disrespectful reasons for the non-participation of parents in the maintenance of the child [11].

The result of all the above was a decrease in the number of adoptions of Russian children by foreign citizens over the past years.

According to the Supreme Court's annual reviews of intercountry adoption practice, the difference in the number of approved adoptions between 2009 and 2020 was 98 percent. So in 2009, the courts considered 3427 cases on the adoption of Russian children by foreign citizens, of which 3420 were satisfied [12]. In 2020, the number of considered applications decreased to 42 [13].

Such changes in statistics could be observed against the background of many reasons. Most of the adoptions were made by US citizens [15], however, against the backdrop of the death in 2008 of Dima Yakovlev, who died through the fault of his father three months after the adoption, and the further full acquittal of the perpetrator, at the end of 2012, Federal Law No. 272-FZ [16], better known as the Dima Yakovlev Law, one of the amendments to which prohibits US citizens from adopting Russian children.

On December 8, 2012, the law was signed by the President of the Russian Federation V.V. Putin and entered into force on January 1, 2013.

It is worth adding that this law, as E. B. Khodyreva notes in his work [17], became a product of the global political situation. The tragedy that occurred and the inconsistency of the legal solution to this case, in our opinion, became a catalyst and prompted the legislator to develop more stringent requirements for the adoption process.

However, it is not only the ban on adoptions by US citizens that has caused the decline in intercountry adoptions. According to official data, in recent years the total number of orphans has decreased. Thus, according to the Prosecutor General’s Office [18], in 2014 their number was 87,604, and in 2019-44 429, we see a reduction of almost two times.

Such changes were the result of efforts to prevent child abandonment and a targeted government policy to develop forms of family placement for children. This helped to improve the lives of orphans, as well as reduce the financial costs of their maintenance.

However, such statistics do not take into account children whose parents are not deprived of parental rights, but have difficulties and therefore leave their children in orphanages for a while [19], regularly extending this "time". Such children are not taken into account in official statistics, but in some subjects their number reaches 70 percent of the total number of children in orphanages.

Another important reason was the demographic factor, namely the constant negative population growth since 2014 [20].

In 2020, the epidemiological issue became acute, measures aimed at countering the spread of coronavirus infection in the Russian Federation caused the suspension of many cases due to the complication of the process of collecting documents and entering the country [13].

Summing up, it is safe to say that opinions among scientists, sociologists and members of the public on the issue of intercountry adoption and the reasons for its decline in rates vary. However, in our opinion, the current state of intercountry adoption in Russia was the result of a new government policy regarding orphans and orphanages, as well as extremely tense relations with foreign countries. All this together has complicated the process of adoption, which in turn leads to the slow death of the Russian practice of international adoption.

Convention on the Rights of the Child (approved by the UN General Assembly on November 20, 1989). Ratified by the Decree of the USSR Supreme Council on June 13, 1990 No. 1559-1 // Official reports of the General Assembly.
Decree of the Government of the Russian Federation of March 29, 2000 N 275 On approval of the rules for the transfer of children for adoption (adoption) and monitoring the conditions of their life and upbringing in families of adoptive parents in the Russian Federation and the Rules for registering children who are citizens by consular institutions of the Russian Federation of the Russian Federation and adopted by foreign citizens or stateless persons // Rossiyskaya Gazeta, April 13, 2000, N 72.
"Family Code of the Russian Federation" of December 29, 1995 N 223-FZ. // "Rossiyskaya Gazeta" of January 27, 1996 N 17.
The Constitution of the Russian Federation (adopted by popular vote on December 12, 1993 with changes approved during the all-Russian vote on July 1, 2020). –Ch. 2 Art. 61 // Rossiyskaya Gazeta of December 25, 1993 N 237.
Decree of the Government of the Russian Federation of March 29, 2000 N 275 (as amended on September 27, 2021) “On approval of the rules for the transfer of children for adoption (adoption) and control over the conditions of their life and upbringing in the families of adoptive parents on the territory of the Russian Federation and the Rules for registering children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons by consular institutions of the Russian Federation " // "Rossiyskaya Gazeta" dated April 13, 2000, N 72.
Decree of the Government of the Russian Federation of September 11, 2020 N 1396 "On the activities of bodies and organizations of foreign states for the adoption (adoption) of children on the territory of the Russian Federation and control over its implementation" // URL: http://publication. pravo.gov .ru/Document/View/0001202009150014 // 2020
Churkina L. M. On the issue of the legal regulation of international adoption // Siberian Legal Review, 2019. Volume 16, No. 3. P. 287 // URL:. https :// cyberleninka . en / article / n / k — vopro8 — 287 o - pravovom - regulation - mezhdunarodnogo — usynovleniya / viewer
Grigoryeva AG Problems of ensuring the secrecy of adoption // Economics. Right. Bulletin of the Kuban socio-economic institute. 2014. No. 1 (61). pp. 37–43.
Letova NV Adoption in the Russian Federation. Legal issues. M.: VoltersKluver, 2006. P. 106.
Antokolskaya M. V. Family law: textbook. 5th ed., revised. and additional M.: Norma: Infra-M, 2010. P. 301
Agrasheva O. E. “Features of the adoption (adoption) of Russian children by foreign citizens” // Questions of Russian justice. 2020. No. 9.
Review of the Supreme Court of the Russian Federation of the practice of consideration in 2011 by regional and equal courts of cases on the adoption of children by foreign citizens or stateless persons, as well as citizens of the Russian Federation permanently residing outside the territory of the Russian Federation // Website of the Supreme Court of the Russian Federation // 2012 // URL: https://www.vsrf.ru/files/13971/
Overview of the practice of consideration in 2020 by regional and equal courts of cases on the adoption of children by foreign citizens or stateless persons, as well as citizens of the Russian Federation permanently residing outside the territory of the Russian Federation // Website of the Supreme Court of the Russian Federation // 2021 / / URL: https://www.vsrf.ru/documents/all/30064/
US Department of State - Bureau of Consular Affairs // URL:.https://travel.state.gov/content/travel/en/Intercountry -Adoption/adopt_ref/adoption-statistics-esri. html?wcmmode=disabled
Federal Law "On measures of influence on persons involved in violations of fundamental human rights and freedoms, rights and freedoms of citizens of the Russian Federation" dated December 28, 2012 N 272-FZ // "Rossiyskaya Gazeta" dated December 29, 2012 N 302.
Khodyreva E. B. PhD thesis on the topic: International adoption as a construction of social kinship // Dissertation Councils of UNN // 2019
On the results of research conducted at the University of the Prosecutor's Office of the Russian Federation on the protection of the rights of orphans and children by prosecutors left without parental care // Website of the Prosecutor General's Office of the Russian Federation. — URL: https://epp.genproc.gov.ru/web/gprf/massmedia/news/archive?item=50434478
Mazur, DN The problem of social orphanhood in modern society // Young scientist. - 2019. - No. 7 (245). — S. 227–229. — URL: https://moluch.ru/archive/245/56592/
Federal State Statistics Service // Total growth of permanent population 2014–2020 // Showcase of statistical data. — URL: https://showdata.gks.ru/report/278934/.

Basic terms (automatically generated) : international adoption, child, Russia, adoption, Russian Federation, RF IC, maintenance of the child, dispensary observation, adopter, adoption of a child.

Adoption of Russian children by foreign citizens

Syusyura, K. S. Adoption of Russian children by foreign citizens / K. S. Syusyura, A. G. Ostapenko. - Text: direct // Young scientist. - 2016. - No. 28 (132). — S. 697-698. — URL: https://moluch.ru/archive/132/37014/ (date of access: 01/05/2023).

There are many reasons why couples from Russia refuse to adopt or adopt orphans, these can be illnesses, the need for rare operations with long-term rehabilitation, the impossibility of material assistance to the child. Foreign citizens are not afraid of such problems, because adoption abroad is associated with enormous difficulties, and in Russia this procedure is simpler. [3]

- Foreign citizens will be able to start the adoption process only when there is no possibility to find parents for the baby in Russia. The absence of such a chance of a child being adopted by a Russian family must be recorded at the council of the judicial board by the departments of guardianship.

− Adoption of children from the Russian Federation takes place according to the laws of the country in which the foreign citizen lives, but taking into account all the rules and regulations that are provided for in paragraph 3 of Article 124 of the Family Code of the Russian Federation and Article 21 of the Convention on the Rights of the Child. [4]

Children who are siblings may be adopted into the same family, except in circumstances that take into account the best interests of the children. [1]

For citizens of other countries who are officially married to Russian citizens and want to adopt a child from the Russian Federation, the process will be carried out according to Russian legislation.

There are also prohibitions on the adoption of Russian children by foreign citizens.

Under the law of the Russian Federation, there is a ban on the adoption of babies by citizens of America and a restriction on the adoption of Russian children by citizens of those countries in which unions between people of the same sex are legal.

This law states that adoption is only possible upon reaching the age of majority, by male and female persons, but not related by marriage to a person of the same sex.

Requirements that are established for the adoption of children by foreign citizens: a married couple can adopt a baby; adoption by one person is allowed, regardless of his marital status; foreign citizens will not be able to adopt or adopt the same child if their marriage is not registered. [2]

According to the legislation of the Russian Federation, citizens of a foreign state will not be able to become adoptive parents if they: cannot perform actions of a legal nature and are not responsible for their actions; are married to a disabled person; court deprived of parental rights or these rights are limited; released from care, as not fulfilling legal duties; suffer from serious illnesses; do not have their own housing and funds to provide for the child; have a criminal record that has not been expunged or have previously been convicted.

Adoption of children by foreign citizens occurs only in a certain order. [4]

Foreigners who wish to adopt a baby must apply to the federal state bank or the regional department of social protection.

The adopter selects the child from the database registry and is given permission to visit the child. During such visits to the child, it is necessary to find an approach to him, and if decisions on adoption have already been made, notify the board of trustees about this.

The verdict on adoption is announced by the Supreme Republican Court, the adoption case can also be considered by the court of the autonomous region or the city court.

Documents required for the adoption of a child.

Adoption of a Russian child by citizens of a foreign state is possible with a certain package of papers. [1]

The adoptive parent must submit to the regional office of the department:

a passport of a foreign citizen, which will be recognized on the territory of the Russian Federation;
application for adoption and familiarization with information about children that are in the database registry;
a questionnaire that conforms to a specific pattern;
signature on the registration of the adopted baby in the consular department of the Russian Federation;
subscription for the opportunity to examine the living conditions of an adopted child by the control authorities;
a document certifying that the legislation of the country where the adopter is a resident prohibits same-sex marriages;
Written confirmation of the authority of the organization of the country of residence of the foreign citizen to check the living conditions in which the child is located4
Written confirmation of the authorized organization of the country on the registration of the adopted child with the consular department of the Russian Federation;
duplicate certificate that guarantees the competence of this organization;
duplicate of the certificate of training of the applicant for adoption;
duplicate training program.

The package of documents must be legal and translated into Russian, the correctness of such a document must be confirmed by the consular department of the Russian Federation in the country of residence of the foreigner or notarized in Russia.

Summing up the procedure and features of the adoption of children from the Russian Federation by foreign citizens, we can say that, wishing to adopt a child, foreign citizens must apply to the federal state bank or to the regional department of social protection and care. Select a child from the database registry, get permission to visit him, befriend him and decide on adoption. Collect a package of necessary documents, translate them into Russian and notarize them. Submit the application for adoption to the court. Get a positive court verdict, pick up a child from an orphanage. Upon arrival in the country of residence, put the child on the consular register.