Cancellation of the adoption of a child: grounds, application, judicial practice

Adopting someone else's child is a serious, responsible decision that may not always end happily in the future. Is it possible to cancel the adoption of a child, what is the procedure, who has the right to initiate the process and on what grounds, what documents are needed?

Is it possible to reverse a failed adoption if necessary? If yes, on what grounds?

Adoption may be unsuccessful not only because of the child’s poor heredity or psychological incompatibility, but also for a host of other reasons, but not every reason for a failed relationship will be considered sufficient grounds for cancellation.

Art. 137 of the RF IC states that someone else’s child, officially recognized as one’s own, is equal in rights to his own children . If mother and father, relatives by birth, do not properly fulfill their parental responsibilities, then the court may deprive them of their parental rights.

In relation to adoptive parents who do not fulfill their parental duties and infringe on the rights of a minor, a different measure is taken at the legislative level - the adoption is cancelled. Cancellation of adoption is a legal procedure regulated by Art. 140-144 RF IC, Art. 275 Code of Civil Procedure of the Russian Federation.

As stated in Art. 140 of the RF IC, everything can be returned only in court with the participation of representatives of the guardianship and trusteeship authorities, as well as the prosecutor’s office. Proceedings require truly compelling reasons, with the interests and rights of the child being paramount.

The grounds for cancellation of adoption are most often as follows (Article 141 of the RF IC):

• parents shirk their duties or abuse their rights;
• the child is subjected to violence or abuse;
• adoptive parents suffer from chronic drug addiction or alcoholism.

• Families who have assumed the responsibilities and rights of parents in relation to someone else’s child must constantly be under the close attention of the guardianship and trusteeship service so that they can respond in a timely manner to identified violations of the rights of a young child.
• There are often cases when the adoptive parents are a stepfather or stepmother, who subsequently failed to overcome the negative attitude towards a biologically stepchild and allowed systematic physical or moral oppression of the minor stepson.
• In such cases, the biological parent has the right to return everything back, depriving the step-parent of the minor son/daughter of the rights of an adoptive parent.
• The court may recognize the following circumstances as sufficient grounds for canceling the adoption:

• due to a serious illness or injury of one of the family members, the new family is strapped for money and is unable to provide adequate care and support for another family member;
• the adoptive parent is listed as missing or declared incompetent by the court;
• the child is placed in special care. institution for permanent residence in the state. provision.

One of the grounds for such a procedure is recognition of the adoption as fictitious, i.e., committed for the sake of obtaining any material benefits. Having received what they wanted, such would-be parents do not strive to give someone else’s child everything they should - attention, care, upbringing, a good education, etc.

Proving that the procedure is fictitious is quite difficult, but possible. It is important to understand that legally this aspect is difficult to substantiate and collect documentary evidence.

The Supreme Court of the Russian Federation is also considering the following grounds:

• the relationship between the adoptive parent and the minor is so hostile and hostile that reconciliation and coexistence are impossible, as a result of which there is absolutely no point in adoption;
• the child is mentally disabled or suffers from a hereditary disease, but only if the adoptive parent was not informed about this.

Divorce is not grounds for canceling adoption: a minor child, as with the dissolution of any official marriage, will continue to live with one of the couple, and the other parent will be required to pay child support and participate in upbringing.

Cancellation of the adoption of a minor citizen of the Russian Federation taken by foreign nationals will be carried out in accordance with the laws of the country where the family lives. It also matters whether a treaty has been concluded with this country. The topic of cancellation of adoption is complex and not fully worked out by the RF IC, as a result of which a lot of nuances arise, the answers to which are almost impossible for a non-specialist.

In difficult situations, you need the help of a qualified lawyer specializing in family law, and, if necessary, in international family law.

At the request of which persons is it permissible to initiate legal proceedings?

The circle of persons who have the right to initiate legal proceedings to cancel an adoption is outlined in Art. 142 of the RF IC, these are the following persons:

• relatives by origin - biological father or mother;
• the adoptive parents themselves;
• an adopted child after reaching the age of 14;
• guardianship and trusteeship authorities;
• prosecutor.

Neither grandparents, nor aunts and uncles of a young child, nor a school or kindergarten, and especially neighbors will be able to go to court - the law does not give them such a right, but they have the right to appeal to the prosecutor's office and guardianship officials.

By verifying the facts stated in the signal, officials will be able to obtain legal proceedings. The adopted child who is 14 years old, after receiving a civil passport and until adulthood, has the right on his own behalf to demand the procedure for canceling the adoption.

This is possible with the support of representatives of government agencies - the PLO and the prosecutor's office. Adoption is issued for the period until the pupil reaches 18 years of age. If the adoption is already an adult, then cancellation of the procedure is not allowed by law.

Those children who have already grown up and become adults, that is, adults, can cancel the adoption with the consent of the people who once adopted them, as well as their blood parents (if they are alive, capable and have not been deprived of parental rights) - this is what Art says. . 144 RF IC.

How to cancel an adoption: procedure

In order for legal proceedings to begin faster and be successful, it is important to prepare properly and correctly draw up a statement of claim, supporting it with all the necessary documents.

Jurisdiction of the claim: in which court is the case heard and resolved?

Based on Part 1 of Art. 269 ​​of the Code of Civil Procedure of the Russian Federation, which establishes the jurisdiction of adoption cases, it can be confidently stated that a claim to cancel an adoption should be filed in the district court at the place of residence of the adopted minor.

It is in this district court that the case should be considered and resolved, since in this case the participation of the PLO who supervised the minor will be ensured.

Depending on who is the defendant, jurisdiction may vary.

If the process is initiated by the prosecutor's office or the PLO, then the defendant will be the adoptive parent; in this case, the claim is filed at the location of the defendant.

When a statement of claim is filed by biological parents who do not know the registration address of the adoptive parents, the defendant will go through the OOP, and the case is under the jurisdiction of the district court at the child’s registration address, as in the case if the adoptive parents themselves file the claim.

Rules for registration and sample statement of claim

When filing a statement of claim, the party acting as the plaintiff must follow the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. The form of the document is written, and due to the variety of situations, it does not have a single template.

It is important that the application contains the correct details of the parties:

• the court where the application is addressed;
• full information about the plaintiff - full name, address, passport details;
• the same applies to the defendant if he is an individual. person, and exact details, if state. organ;
• information about the child;
• the same applies to third parties.

The descriptive part must state when and by which court the adoption of the child was approved. Further, it must be explained precisely and specifically, but without excessive emotionality, what exactly the violations of the rights of the child are manifested in or what circumstances caused the demand for cancellation.

It is important to refer to the relevant regulations and thoroughly justify the requirement to terminate the adoption. Unsubstantiated accusations that are not supported by anything will not be taken into account. Having listed the attached papers, the plaintiff must put a personal signature and indicate the date.

You can download a sample statement of claim for cancellation of adoption here.

List of required documents

An application without a package of required documents will not be processed.

The following documents must be attached to the statement of claim (Article 132 of the Code of Civil Procedure of the Russian Federation):

• check for payment of state duty;
• documents proving the existence of grounds for canceling the adoption;
• copies of statements of claim and copies of documentary evidence for each of the participants in the process.

The plaintiff has the right to use any means to convince the court of the existence of grounds, including providing witnesses. The originals of all documents must be brought with you to the court hearing.

Consideration of the case and court decision

The following persons must be present in the courtroom (Article 140 of the RF IC):

A child over 10 years old can also be involved in the process, and this is mandatory if the plaintiff is a minor between the ages of 14 and 18 years. If the case is initiated by blood parents, the participation of both plaintiffs, defendants, and third parties is necessary.

The court considers the case materials, listens to the arguments of the parties and third parties. If necessary, additional information may be required, in which case the meeting is postponed for a month or a month and a half.

The verdict options are:

• cancel the adoption;
• refuse cancellation.

The determining factor for the court to make a decision is and will always be the priority of the interests of the child. The court decision can be appealed within a 10-day period.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

1. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call:
2. +7 (499) 288-73-46;
   8 (800) 600-36-19
3. It's fast and free!

Legal consequences

As soon as the court decision gains legal force, family ties between the adoptive parents and the minor are terminated and legal relations between blood-related parents and their child are resumed. The adoptive parent is deprived of his responsibilities, and at the same time his rights, benefits, and privileges.

Cancellation threatens the child with the following consequences:

• returning to an orphanage or boarding school;
• transfer to relatives, father or mother;
• change of surname and patronymic.

The minor will be assigned to where it will be better for him, taking into account the opinion of the specialists of the PLO (Article 143 of the RF IC) and the minor himself, if he is already 10 years old.

To maintain the previous level of financial support, especially if the cancellation of adoption was due to the fault of adults, the former adoptive parent may be required to pay alimony to the child.

Examples from judicial practice

Example #1

Childless family gr. The Busygins, living in the town of Kamyshevakha, adopted a boy Igor, age 11, who was brought up in an orphanage. The relationship was normal at first, but as the minor grew up, conflicts constantly began to arise between father Busygin N. and the child, which grew into hatred.

Busygin N. humiliated the teenager and violated his dignity in every possible way. The mother, Busygina O., took the side of her husband and did not try to protect her adopted son. The child was not given the necessary things, he was forced to work in the greenhouse from 5 o’clock in the morning, and the punishment for disobedience was imprisonment in the basement.

During the trial, initiated by the adopted I.N. Busygin himself, with the participation of I.F. Krylova and witness S.V. Kurilina, the existence of hostile relations and the failure of the adoptive parents to fulfill their duties were established. By a court decision, the adoption was canceled, and the minor himself returned to the orphanage.

Example No. 2

The Neelovs M. and E., who adopted a 6-year-old girl Nastya, filed for divorce soon after the adoption. The court determined the place of residence of the child together with the mother, obliging Neelov M. to pay alimony. Neelova E. began to experience financial difficulties, was tired of worries and went to court to cancel the adoption.

After studying the materials and hearing from PLO employee Maslova E.I., who visited the family with the adopted girl many times, the court refused to cancel the adoption, finding no grounds for this.

If the adoption does not work out, then it is possible to cancel the procedure. This is only possible in court, if there are sufficiently compelling reasons. The court will take into account, first of all, the interests of the minor child.

Source: https://prozakon.guru/semejnoe-pravo/usyinovlenie/otmena.html

Grounds and procedure for canceling adoption

adoption procedure is aimed at protecting the interests of minor citizens who receive a new chance for decent conditions of upbringing, living, and development. If new parents exercise their responsibilities and rights in violation of the interests of minors, the previously made decision on adoption may be canceled.

Who can initiate a cancellation?

The list of persons and bodies who are granted the right to apply to judicial institutions on this issue is listed in Art. 142 RF IC.

They include:

• natural parents of the minor;
• adoptive parents;
• guardianship and trusteeship authorities;
• representative of the prosecutor's office;
• himself adopted, having reached the age of 14.

Note!

This list is final; other bodies and persons do not have the right to file a claim to cancel the conditions of adoption.

If the materials are sent to the judicial authority by the adoptive parents, the defendant in the case will be a minor, and his interests will be protected by the guardianship authorities.

Grounds for cancellation of adoption

The key role for going to court with this requirement will be on the grounds regulated by Art. 141 IC RF. The establishment of each of these circumstances must indicate a violation of the interests of the minor, and in some cases the child’s opinion will be taken into account.

In the list of circumstances recorded in Art. 141 of the RF IC and giving the right to go to court include:

• improper performance and evasion of duties provided for by law for adoptive parents;
• abuse of rights in relation to the adopted child;
• child abuse;
• establishing the fact of chronic drug addiction and alcoholism.

The law lists only an approximate composition of the grounds for applying to the judicial authorities. The court has the opportunity to apply other grounds if this is aimed at protecting the interests of the minor.

In the presence of circumstances expressly listed in Art. 141 of the RF IC, the consent of the adopted child to the cancellation is not a necessary condition. This follows from the analysis of Art. 57 of the RF IC and Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8.

Among the additional grounds that will be taken into account by the court as the basis for making a decision in the case, the following are highlighted:

• lack of mutual understanding between the minor and the adoptive parents, which is due to the personal qualities of citizens;
• establishment of mental disability or deviations in the child’s health that were identified after adoption and were not communicated to the adoptive parents at the stage of accepting him into the family.

The consideration of cases of this category falls within the competence of courts of general jurisdiction - district and city courts. When challenging decisions of courts of first instance, complaints will be considered in regional or regional courts.

The determination of the judicial authority in which the statement of claim will be considered is carried out with the features specified in Art. 28 of the Code of Civil Procedure of the Russian Federation and clause 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 8:

• claims are sent to the court at the place of residence of the defendant, i.e. adoptive parent;
• if the demand is made by the adoptive parent, the minor is considered the defendant, and, therefore, the dispute will be considered in the judicial authority at his place of residence.

Note!

Officials of the guardianship authority, as well as prosecutorial authorities located at the place of residence of the minor, are involved in the court hearing.

Filling out a claim is the responsibility of the initiator of the lawsuit, and sending it to court will be the basis for starting consideration of the civil case.

The statement of claim must comply with the following content:

1. name of the judicial authority to which the documents are sent;
2. personal data of citizens participating in the process, as well as the names of authorized bodies;
3. circumstances of adoption - information about the court decision, its number and date;
4. grounds for cancellation of adoption with references to evidence;
5. request to cancel adoption in relation to a minor child.

Evidence that supports the grounds for going to court must be attached to the statement of claim. In addition, already during the trial of the case, the court has the right to order an additional inspection of the living conditions of the child and adoptive parents, which will be carried out by the guardianship and trusteeship authorities with the participation of teachers, psychologists and other specialists.

How to cancel an adoption for adult children

Protecting the interests of minors is the responsibility of adoptive parents and authorized government bodies. Is it possible to cancel adoption in relation to an adult child, because after the age of 18 he acquires full legal capacity?

The answer to this question is contained in Article 144 of the RF IC - if at the time of filing the claim the child has officially reached the age of majority, cancellation is not allowed.

Consequences of cancellation of adoption

The legal consequences of cancellation of adoption are regulated in Art. 143 of the RF IC, they are directly related to the forced termination of the rights and obligations of not only adoptive parents, but also their relatives. A court decision may contain conclusions on the following range of issues:

• termination of the rights of the minor and the adoptive parents in relation to each other;
• restoration of similar legal relations between children and parents (if this is properly directed in the interests of the child);
• transfer of a minor to parents or guardianship officials for subsequent arrangement of his fate in specialized children's institutions or to find a new family.

In addition, the court will have to resolve legally significant issues regarding the preservation of the surname, name and patronymic assigned to the minor as a result of the adoption procedure. If a minor has reached the age of 10, his consent will be required to change personal data.

The court also has the right to pronounce a decision to restore the original information about the child that was changed during the adoption process (including information about his birth, as well as about his natural parents). If the primary information is restored, it is subject to registration at the civil registry office in accordance with a court decision.

If the interests of a minor require the collection of funds for his maintenance, the court will make such a decision in relation to the former adoptive parents. Alimony payments are established according to the general rules provided for by family law.

Judicial practice on cancellation of adoption

When considering cases, the courts are guided by Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8, which contains instructions on certain controversial issues. Among the most important provisions of this document are the following points:

• since the rights and obligations of the adoptive parents and the minor do not arise as a result of biological kinship, the subject of the dispute is the cancellation of adoption, and not the restriction or deprivation of rights;
• the legal grounds for canceling an adoption are not necessarily the guilty actions of the adoptive parents towards the child (for example, in cases of mental disability or lack of mutual understanding with the child);
• If, during the consideration of cases, the courts establish signs of a crime (in the actions of the parties to the process or officials of authorized bodies), this information is reported to the prosecutor to make a decision on initiating a criminal case.

Note!

If the reason for cancellation is not the guilty actions of the adoptive parents, this fact must be reflected in the decision.

Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8 discloses the content of such a basis as mutual understanding between the adoptive parent and the minor. Such reasons will include cases where, due to personal qualities, the adoptive parent does not enjoy authority with the minor, or the child does not feel like a full-fledged member of the new family.

Cancellation due to mental retardation or genetically determined abnormalities is permitted if such diseases significantly complicate or make normal upbringing impossible. If the adoptive parent was notified of the fact of such symptoms before the adoption decision was made, filing a claim to cancel it is not allowed.

Sample claim

A sample statement of claim for cancellation of adoption can be downloaded on our website.

isk-sem-32-215038

Source: http://myfamilylaw.ru/deti-i-roditeli/otmena-usynovleniya-osnovaniya-i-poryadok-provedeniya-protsedury

Cancellation of adoption - grounds, procedure and legal consequences

Article 137 of the RF IC stipulates that the adoption process is a legal form of placing a child into a family. In fact, this is the appearance of parents by law, regardless of origin. The adoptive father and mother have the same powers as parents. In exceptional cases, it is permissible to cancel the adoption of a child by analogy with the procedure for depriving rights to a child. The severance of such a connection is due to emergency circumstances that force the state to provide protection to minor citizens.

Legal grounds

Based on the provisions of Article 141 of the RF IC, the grounds for cancellation of adoption are the following circumstances:

• ignoring responsibilities for maintaining and raising a child;
• a disease in the form of alcoholism or drug addiction that arose after receiving the status of an adoptive parent;
• manifestation of cruelty, committing criminal acts against children or other family members that infringe on health, life or sexual integrity;
• fact of abuse of rights, including misappropriation of the child’s funds. Use of child labor in criminal and fraudulent schemes.

This is not a closed or exhaustive list of circumstances in connection with which a decision to cancel an adoption is made. For example, taking into account the position of the adopted person, the serious illness of the parent, which does not allow him to support the children, may be taken into account as a basis.

The cancellation of the adoption of a child by a wife or husband in the event of a divorce from a stepfather or stepmother is not a mandatory consequence.

The legislator proceeds from the fact that the formation of legal relations and the ensuing consequences arise between a child and an adult, and not between two subjects who have taken on the role of parents.

Consequently, the fact of divorce in itself is not an obstacle to the fulfillment of the duties of the adoptive parent.

Judicial practice allows us to identify two significant grounds for which the court satisfies the applications of the adoptive parents to cancel the status:

1. The diagnosis of a disease in a child associated with genetics or mental disabilities, which prevents or completely eliminates a full-fledged educational process. An important condition is that at the time of drawing up the documents, the adoptive parents did not know about this circumstance.
2. Failure to achieve mutual understanding between the parties, lack of psychological, emotional connection, complete rejection of each other by the parties if such problems are not eliminated.

Cancellation of adoption is carried out only in relation to subjects who are under eighteen years of age. After reaching this age, the procedure is not allowed unless both adoptive parents, the child and the biological parents, consent to such a decision, if they are alive and have legal capacity.

Algorithm of actions

The procedure for terminating an adoption requires a mandatory appeal to the court. Territorial jurisdiction applies to the category of cases under consideration - subjects apply to the court at the place of residence of the adoptive parent. The right to demand the cancellation of adoption, that is, to initiate legal proceedings, may be:

• one or both blood parents;
• the child himself, if he has reached the age of 14 years;
• both or one adoptive parent, if they come to the conclusion that further preservation of one family is impossible;
• city ​​or district prosecutor at the place of residence of the adoptive parent;
• guardianship and trusteeship authorities of the relevant municipality that deal with issues of minors.

The statement of claim for cancellation of adoption is drawn up in accordance with the general requirements of document flow.

The motivational part must contain a reference to the legal grounds and sufficient arguments to substantiate the position.

The claim is accompanied by confirmation of payment of the duty to the state treasury, as well as copies of all documents that confirm the requirements set out in the descriptive and motivational part.

Interesting fact!

The old code of the USSR provided for the possibility of canceling adoption by decision of an administrative body - by issuing a corresponding resolution by the main local executive body for the registration of adoptive parents. This procedure has not been in effect since 1996. Today, the only legal form of termination of legal relations is the cancellation of adoption in court.

A claim for cancellation of adoption is considered according to the general rules of proceedings in this category. A distinctive aspect is the participation of the prosecutor for minors and the guardianship and trusteeship authority. Witnesses are brought into the process to testify and reasonable, sufficient evidence of the arguments is provided.

The Family Code does not specify who is the defendant in this category of cases. The parties are determined based on the specific situation. The predominant number of defendants are adoptive parents.

He is responsible for notifying the adoptive parents about the process.

The court, at its own discretion, decides on the need to involve adoptive parents in the process, regardless of their wishes. If the claims were brought forward by the adoptive parents themselves, the defendant is the adopted person. His interests are represented in court by a competent employee of the guardianship and trusteeship authorities, as well as a prosecutor.

The decisions made by the court to cancel an adoption are divided into two groups:

• satisfaction of requirements;
• refusal of the application.

Both decisions entail legally significant consequences and can be appealed in the appeal and cassation process in civil proceedings.

The second case means that the court did not find any compelling reasons for a radical change in family status and the adoption remains in force.

Such situations include unacceptable cases of cancellation of adoption, in which the court comes to the conclusion that an affirmative decision is impossible due to the death of the natural parents of a minor, the lack of information about them, or the deprivation of the biological father and mother of parental rights.

The second common reason for refusal is the lack of expediency of such a decision based on the interests of the child, for example, due to the abandonment of the child by the natural parents or a chronic disease, for example, alcoholism.

Consequences for the child and parents

The legal consequences of canceling an adoption are reduced to the absolute termination of obligations and rights between the parties.

After completing the procedure, the minor must be transferred to his natural parents or, in the event of their absence or the court is convinced that such actions will lead to negative consequences, to a foster family or an appropriate institution. The issue of arrangement is dealt with by the guardianship and trustee body.

Adoption presupposes and allows for a change in identifying information – the patronymic and surname of a minor. The child may be given the last and patronymic name of the adoptive parent or the person whom the adoptive mother indicated as a parent.

The opinion of a child who has reached the age of ten must be taken into account.

Cases of cancellation of adoption are also considered from the perspective of the need to pay alimony. The official severance of legal ties does not mean exemption from alimony payments. Most often, the court places such a duty on the adoptive father or mother, except in cases where the child is returned to biological relatives or adopted by other persons.

The legal consequences of cancellation are the inability to claim inheritance after the child or after the former adoptive parents. The latter cannot count on the former adopted person to fulfill the obligation to support disabled parents. Upon cancellation, all rights to benefits and benefits previously granted based on status are automatically canceled.

Source: https://legal03.ru/otmena-usynovleniya-rebenka-osnovaniya-poryadok-i-pravovye-posledstviya/

Article 275 of the Code of Civil Procedure of the Russian Federation. Cancellation of adoption

(official current edition, full text of Article 275 of the Code of Civil Procedure of the Russian Federation)

Consideration and resolution of cases on cancellation of adoption are carried out according to the rules of claim proceedings.

Comments on Article 275 of the Code of Civil Procedure of the Russian Federation. Cancellation of adoption

The right to demand the cancellation of the adoption of a child belongs to his parents, the child’s adoptive parents, an adopted child who has reached the age of 14 years, the guardianship and trusteeship authority, as well as the prosecutor. If such a claim is made by the adoptive parents, the appropriate defendant in the case is the adopted child.

Adoption can be canceled in cases where the adoptive parents shirk their duties as parents, abuse parental rights, abuse the adopted child, or suffer from chronic alcoholism or drug addiction. 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.

The court 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 not dependent on the adoptive parent, the relationships necessary for the normal development and upbringing of the child have not developed. Such circumstances, in particular, include:

• 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 of at the time of adoption;
• restoration of the legal capacity of the child’s parents, to whom he is strongly attached and cannot forget them after adoption, which negatively affects his emotional state.

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.

If, as a result of the adoption, the rights of the child established by the legislation of the Russian Federation and international treaties were violated, then such adoption, regardless of the citizenship of the adoptive parent, is subject to cancellation in court.

Consequences of canceling the adoption of a child

The consequences of canceling the adoption of a child are established by Art. 143 RF IC:

• When the court cancels the adoption of a child, the mutual rights and obligations of the adopted child and the adoptive parents (relatives of the 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.
• 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 the child to the parents is contrary to his interests, the child is transferred to the care of the guardianship and trusteeship authority.
• 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.
• 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

• Cancellation of the adoption of a child is not allowed if, at the time of filing a request to cancel the adoption, the adopted child has reached the age of majority, except in cases where such cancellation has the mutual consent of the adoptive parent and the adopted child, as well as the parents of the adopted child, if they are alive, have not been deprived of parental rights or are not recognized by the court as incompetent.
• The legislation does not provide grounds for invalidating an adoption.
• 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.

Additional commentary on Article 275 of the Code of Civil Procedure of the Russian Federation

Unlike adoption cases (see comments to Article 273 of the Code of Civil Procedure), the dispute about the revocation of adoption is considered in litigation proceedings, as established by the commented Article 275 of the Code of Civil Procedure of the Russian Federation.

Adoption can be canceled both in cases of guilty behavior of the adoptive parents, and in the absence of guilt, for example, in cases where, due to circumstances both dependent and not dependent on the adoptive parent, the relationships necessary for the normal development and upbringing of the child have not developed, for example , lack of mutual understanding, identification of deviations in the child’s health, which significantly complicates the process of upbringing, restoration of the legal capacity of the child’s parent to whom he is strongly attached, etc. Unlike deprivation of parental rights, where the list of grounds is exhaustive, the list of grounds for canceling adoption is unlimited . 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 10 years of age.

The right to demand cancellation of adoption belongs to the child’s parents, his adoptive parents, the child himself upon reaching 14 years of age, as well as the guardianship and trusteeship authority and the prosecutor.

An application to cancel the adoption is considered by the court with the mandatory involvement of the guardianship and trusteeship authority, as well as the prosecutor.

Cancellation of adoption is not allowed if, at the time of filing the claim, the adoptee has reached the age of 18, except in cases where there is mutual consent to cancel the adoption of the adoptive parent and the adopted child, as well as his parents, if they are alive, have not been deprived of parental rights or have not been declared incompetent by the court . These circumstances must be established by the court during the preparation of the case for trial and during the consideration of the case.

A copy of the decision to cancel the adoption within three days from the date of entry into legal force is sent to the registry office at the place of state registration of the adoption. The registry office makes a corresponding note in the civil registration book.

The court decision to cancel the adoption, as adopted according to the general rules of claim proceedings (Article 274 of the Code of Civil Procedure of the Russian Federation), can be appealed on appeal within the established time frame (see comments to Article 321 of the Code of Civil Procedure of the Russian Federation).

Samples of statements of claim for cancellation of adoption

1. The child’s parents, adoptive parents, the child himself after reaching 14 years of age, the guardianship authority or the prosecutor can file a claim to cancel the adoption.
2. Download samples:
3.   Child's claim for cancellation of adoption
4.   Adoptive parent's claim for cancellation of adoption
5.   Statement of claim by a parent to cancel the adoption

Source: https://vseiski.ru/statya-275-gpk-rf.html

Cancellation of the adoption of a child: is it possible to abandon an adopted child, judicial practice, grounds, procedure

71 views

At the moment of accepting a minor into the family, adoptive parents are full of joyful expectations. However, in practice, living together can differ significantly from hopes. Various reasons are possible: divorce, illness of a child, lack of contact with a minor. But the law does not provide for the possibility of simply returning the adopted child. Let's look at how the adoption of a child is cancelled.

Is it possible to cancel?

In accordance with Art. 140 of the RF IC, adoption may be canceled by a court decision. A citizen cannot independently abandon a child. The issue is resolved exclusively through the courts.

Not only the adoptive parent can initiate the process. In case of improper performance of duties, de-adoption is possible on the initiative of the prosecutor's office or the guardianship department.

In accordance with the law, the guardianship department is obliged to monitor the families of adoptive parents. The control method is visiting families at their place of residence. If facts of child abuse or other violation of children's rights are revealed, the guardianship department independently initiates the process or transfers the data to the prosecutor's office.

On the other hand, the measure is similar to challenging paternity. Information about the adoptive parents is removed from the child’s documents. He receives his original full name. and date of birth.

Important! If a minor has reached 10 years of age, changing personal data is possible only with his consent.

The adoption is considered canceled from the moment the court decision enters into legal force. The adoptive parent retains the responsibility to provide financial support for the child.

The court is obliged to notify the civil registry office of the decision within 3 days. The civil registry office specialist must make appropriate changes to the children's documents.

The child's legal representative must obtain a new birth certificate. Information about adoptive parents will be removed from the columns about parents. Instead, information about the birth mother and father will be entered.

How to refuse after adoption?

The initiator of the process must go to court. The application must be submitted to the district or city court at the child’s place of residence.

If there are grounds, a minor may be removed from the family in advance and placed in a rehabilitation center. He can continue to meet and communicate with adoptive parents if this does not violate his rights.

Often men want to give up after adopting their ex-wife’s stepchild. It must be remembered that the obligation to pay alimony will remain.

Algorithm of actions

The procedure for revoking an adoption varies slightly depending on the initiator. However, as a general rule, cancellation is possible in the following stages:

1. Collection of documents.
2. Filing a claim.
3. Referral to court.
4. Trial.
5. Making a decision.
6. Reporting information to the registry office.

Collection of documents

The list of documents for cancellation of adoption depends on the reasons for initiating the process. However, the general list is the same for all plaintiffs:

• passport;
• child's birth certificate;
• child’s civil passport (if available);
• adoption certificate;
• extract from the place of registration of the child;
• grounds for cancellation of adoption.

Additional documentation:

• a court verdict to hold the adoptive parent accountable for a crime against a child, a second adoptive parent or close relatives;
• administrative decisions on bringing to responsibility under Art. 5.35 Code of Administrative Offenses of the Russian Federation (for improper performance of duties);
• information from the child’s place of study;
• information about the health status of the adoptive parent (if the cancellation is made at the initiative of the adoptive parent due to health status);
• the result of a psychological examination about negative relationships in the family.

If the process is initiated in the interests of a minor, at the request of the child, then correction of the parent-child relationship will be required. If, as a result of the support, the conflict in the family is not resolved, the prosecutor’s office or the guardianship department must go to court on behalf of the child.

If the process is initiated by the adoptive parent, then he has the right to refuse crisis support for the family. To do this, you need to write a statement of refusal to the guardianship department at your place of residence.

Statement of claim

An application to the court must be made in writing. The document is subject to the usual requirements for a claim (Article 131 of the Code of Civil Procedure of the Russian Federation).

A claim to revoke an adoption must include:

• name of the judicial authority;
• applicant details;
• information about the defendant;
• name of the guardianship department;
• data from the district prosecutor's office;
• name of the claim;
• information about the adoption process (date, court decision data);
• information about the child;
• the reasons that led to the process;
• reference to law;
• demands for cancellation of adoption;
• list of documentation;
• date and signature.

Sample claim for cancellation of adoption

Download the statement of claim for cancellation of adoption

In addition to the basic requirement, the document may contain additional:

• on the collection of alimony;
• about maintaining or changing your full name. child to the original ones;
• on the transfer of a minor to the care (guardianship department, second adoptive parent, blood parents).

Important! The defendant in the process is the adoptive parents. However, the law provides for the possibility of canceling the rights and obligations of only one of them. In such a situation, the second completely retains its status.

If the plaintiffs are the adoptive parents, then the child is named as the defendant. This is possible if the cancellation is made due to the lack of contact between the adoptive parents and the minor (clause 20 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 2006 No. 8).

Trial

The initiator of the process must prove the existence of conditions for the annulment of the adoption. Witnesses can be brought in as evidence. For example, if the defendants perform their duties improperly.

A prerequisite is the participation in the judicial proceedings of a specialist from the guardianship department and a prosecutor. The opinion of a child aged 10 years or older is also heard.

Deadlines

The duration of the process depends on a number of reasons:

1. If a minor was adopted from an orphanage, then you will need to undergo crisis support. It can last from 1 to 6 months.
2. In case of intra-family adoption, the issue of cancellation can be resolved together with divorce or division of property. If there is a dispute, it will take from 2 to 6 months.
3. If the cancellation of adoption occurs in a separate court proceeding, it will take 3 months (2 months for the trial + 1 month for the court decision to enter into force).

Expenses

Costs of canceling an adoption

No. Name of expenses Cost

1	Legal consultation	Legal consultation
2	Filing a claim	From 3000 rub.
3	Representation in court	From 5,000 rub. per meeting
4	State duty to court	300 rub.

If the plaintiff in the process is the blood parents, the guardianship department or the prosecutor's office, then the state fee is not paid. Funds are contributed exclusively if the cancellation occurs at the initiative of the substitute parents.

Who has the right to demand cancellation?

Let's consider who can go to court with a claim to cancel the adoption. Art. 142 of the RF IC strictly limits the list of citizens who can initiate the process.

Persons who have the right to demand cancellation:

• child;
• adoptive parents;
• blood parents;
• guardianship department;
• prosecutor's office

A minor has the right to cancel the adoption from the age of 14 years. Moreover, the child is given the right to cancel kinship with the adoptive parents even after reaching adulthood. However, this requires the consent of all parties, including the child’s blood parents.

Cancellation is allowed at the request of the blood parents. Moreover, it does not matter whether they were deprived of parental rights. However, they must provide solid evidence. An application in which a citizen claims that he has reformed and is ready to take the child is not considered. The only reason may be improper performance of duties by the adoptive parents.

Grounds for refusal

Submitting a claim to court does not guarantee the success of the process. In a number of cases a negative decision may be made:

• the application was filed by an improper plaintiff;
• there is insufficient evidence to support the claim;
• the fact of child abuse has not been confirmed;
• the child has reached 18 years of age, but there is no consent of the other parties.

Arbitrage practice

Mutual rights and obligations cease from the moment the court decision enters into legal force. The only connection remains the obligation to pay child support.

This measure was taken by the legislator, since citizens often use fictitious adoption. This is a procedure in which the adoptive parent does not want to be the father of the child or raise him.

The process is carried out to achieve other goals. For example, to get a deferment from the army. Subsequently, such a man abandons the child in court.

Example. Alexey, 22 years old, entered into a relationship with Irina, 26 years old. The girl had two children from her previous marriage. Alexey got married and adopted his wife’s children. The man constantly worked in shifts and rarely came home. Periodically betrayed money.

Upon reaching the age of 28, Alexey filed for divorce. After the divorce, the man initiated the process of canceling the adoption. He explained that contact with the children has not been established; they communicate poorly. In the future, he does not plan to maintain relations with them. The court granted the applicant's request.

However, he collected 1/3 of his earnings to support the children.

Legal consequences

Having decided how to cancel an adoption, you need to find out what consequences this entails.

The adopted person loses:

• the right to inherit property in the event of their death;
• the right to their surname;
• the right to consider their relatives as relatives;
• the right to a patronymic formed on behalf of the adoptive parent;
• the official relationship with the adoptive parents is terminated.

Regarding the surname and patronymic, the issue is controversial. If the child has reached 10 years of age, the change is possible only with his consent. Even if the adoptive parents insist on a change, the child may object. The court will take into account his opinion.

A minor retains the following rights:

• on property that was registered in his name;
• to bank accounts opened in his name;
• for alimony from adoptive parents.

Example. Nikolai and Olga adopted Rimma. After 3 years, the family privatized the apartment. The girl became a participant in privatization. After 2 years, the adoptive parents divorced. None of them wanted to adopt the girl. Therefore, they initiated the cancellation of the adoption. However, Rimma retained the right to a 1/3 share in the adoptive parents’ apartment.

There are many reasons for canceling an adoption. Citizens themselves may become disappointed in the child, the natural parents may want to take him away, and the guardianship authority may take measures to protect the minor. To avoid mistakes, it is advisable to first talk with a lawyer and assess the situation. You can get legal advice immediately. Simply describe the problem in the contact form.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

Save the link or share with friends

Source: http://allo-urist.com/otmena-usynovleniya-rebenka/