Adopt a child of a single mother after marriage: through the registry office

Some people think about what documents are needed to adopt their wife’s child.

What is generally required to implement the task? What difficulties might members of the new family encounter? We will try to understand all this further. Without preliminary preparation, adoption is impossible.

In some cases, citizens will not be able to bring the idea to life. Fortunately, in practice, adoption is most often quite possible.

Reasons for the procedure

What documents are needed to adopt a wife's child? Before you create a package of papers, you need to find out under what conditions you can cope with the task. Maybe it's not worth starting?

Adoption is possible if:

• The “new” dad himself wants this;
• the adoptive parent meets generally accepted requirements (we’ll talk about them later);
• the child's biological father agrees to renounce parental rights.

Important: to carry out the operation, the future stepfather must be officially married to the child’s mother. Otherwise, you can forget about further preparation. A civil (not registered in the registry office) marriage deprives the right to adoption.

Brief instructions

How to properly submit an application to adopt your wife’s child? This is not as easy to do as it seems. Especially if the biological father of the minor conscientiously fulfills his parental duty.

To briefly imagine the operation, you should adhere to the following procedure:

1. Prepare a certain package of papers for the procedure. We will look at the full list of components later.
2. Submit a request for adoption to your local guardianship and trusteeship authority.
3. Obtain permission for “guardianship” and a certificate in the prescribed form.
4. File an adoption claim with your local court.
5. Prepare documents for the child at the registry office after delivery of the court order.

It would seem that there should be no problems. In fact, the operation being studied causes a lot of trouble.

When the bio-dad's consent is not required

As we have already said, in order to adopt a spouse’s child from a previous marriage, the consent of the child’s biological father to the procedure is required. A child in Russia cannot have two dads.

In some cases, consent is not required. When exactly? Here are situations in which you can avoid unnecessary paperwork:

• biological father died;
• the child's father is declared missing or dead;
• the woman did not initially register the minor as the natural father;
• the man was declared incompetent;
• Dad has been deprived of parental rights.

If the man is the legal representative of a minor, his consent to the operation under study is mandatory.

About the help package

What documents are needed to adopt a wife's child? First, let's look at the list of relevant papers in general terms. Next, we will study the individual components in more detail.

Ideally, to carry out the adoption procedure, citizens are required to provide the following extracts:

• characteristics of the stepfather;
• certificate of marriage with the mother of a minor;
• consent of the child’s biological father to perform the operation;
• statement from a man;
• spouse's consent to adoption;
• certificate confirming that the applicant has no criminal record;
• medical report of the established form;
• statements confirming the income of the adoptive parent;
• autobiography;
• applicant's passport;
• birth certificate of a minor;
• medical reports indicating the child’s health status;
• certificate “from guardianship” (issued on the basis of the previously listed extracts).

Usually, no problems arise with preparing these statements, especially if the adoptive parent has no criminal record and is a successful worker in good health.

Other information

We have reviewed the necessary documents for adopting your wife's child. These are mandatory components, without which it will not be possible to complete the task under any circumstances. What other papers may be required?

In some cases, the mother and stepfather of a minor are required to:

• personal information about the citizen;
• information about education;
• data on work and income;
• information about the presence or absence of separate housing (it is advisable to attach extracts from the Unified State Register of Real Estate);
• confirmation of the fact of marriage with the child’s mother;
• information about the situation in the family and the existing relationship with the adoptee;
• personal characteristics (health status, administrative violations, criminal records, etc.);
• reasons for the operation.

Usually this is enough. More accurate information on individual cases can be obtained from the local guardianship authority.

Autobiography of a citizen

To adopt a wife's child from her first marriage, you need to write an autobiography. Without it, coping with the task will be problematic.

The document is written personally by the applicant. It usually states:

• personal information about the citizen;
• information about education;
• data on work and income;
• information about the presence or absence of separate housing (it is advisable to attach extracts from the Unified State Register of Real Estate);
• confirmation of the fact of marriage with the child’s mother;
• information about the situation in the family and the existing relationship with the adoptee;
• personal characteristics (health status, administrative violations, criminal records, etc.);
• reasons for the operation.

It is worth remembering that an autobiography does not have an exact form. It is written freely.

Statement of claim

What does a sample application for adoption of a wife's child look like? “Claim” is an extremely important document. It can be drawn up by a notary or lawyer. You can also get by on your own.

Ideally, the application for adoption to the court should contain the following information:

• Full name of all participants in the process;
• information about the child’s past father;
• information about marriages with a former and current spouse (in relation to the baby’s mother);
• personal data of the applicant;
• information about the presence of other children with the stepfather;
• information about the relationship with the adoptee.

In fact, the claim will act as a kind of request. If the “guardianship” allowed the operation, the judge is unlikely to surprise with his verdict.

Important: the statement of claim for the adoption of the wife’s child will have to be accompanied by documents confirming what was written.

At the registry office

Let's assume that the court allowed the adoption and issued a corresponding order. Now what?

Next, you will have to issue adoption certificates. This is done at the local registry office or at the MFC. The applicant will have to have:

• court statement;
• passport;
• birth certificate of a minor;
• a certificate indicating the fact of marriage with the biological parent (in our case, the mother) of the baby.

At the selected registration authority, the stepfather will have to fill out an application in the prescribed form. It will allow you to re-register children’s documents to the new parent.

For single mothers

What does it take to adopt your wife's child? If we are talking about a single mother, we can hope for a faster solution to the task.

The list of documents for bringing the idea to life will be exactly the same as in the case of adoption if the child has two parents. The difference is that single mothers do not need the consent of their ex-spouse to adopt.

If the husband is against

We found out what documents are needed to adopt a wife's child. But what if the biological father of the minor is against the mentioned process?

Here you can encounter different scenarios. For example:

1. The parent conscientiously fulfills his obligations, but the child is not “eager” to change his father. In this case, you will either have to negotiate and persuade the father to agree, or abandon the corresponding idea.
2. The father copes with his responsibilities as a parent, but at the same time the stepfather is more involved in the child's life. The minor does not mind/wants to see a potential adoptive parent as his father. In this case, it is worth applying to “guardianship” and obtaining adoption through the court. It won't be easy, but it's possible.
3. The father does not participate in the child’s life; the minor is not against the appearance of a “new dad”. In this case, you will have to go to court and try to deprive the biological father of parental rights. If it fails, adoption is impossible.
4. The man does not fulfill parental responsibilities. For example, he has alimony debts. The lack of consent of such a parent is usually easily resolved through the court. First, the bio-dad's parental rights are terminated, and then a decision is made regarding adoption.

It sounds easy, but in reality, “taking away” a child from a conscientious father is problematic. In other cases, deprivation of parental rights followed by adoption will resolve all issues.

Deadlines for consideration of cases

Let's assume that we have sorted out the documents. The application for adoption has been submitted. Now what? How long should I wait for an answer in this or that case?

Guardianship considers adoption requests within 10 working days. It's not as long as it seems.

An application to adopt a wife’s child is also examined in court within 10 days. Sometimes the procedure takes a month, but this is an extremely rare scenario.

Registration of final documents “for the child” will take from 7 to 30 days. Usually in two weeks you can complete the task without much hassle.

Ultimately, the entire adoption process can take anywhere from 2 to 6 months. Sometimes you have to spend more time to get the desired result. Especially if, along with the adoption, the bio-father’s powers as a parent are deprived.

Conclusion

We reviewed documents for adopting a child from a single wife and more. Apart from the consent of the biological father, it will not be difficult to create a package of papers to complete the task.

If everything is done correctly, the court will allow the adoption. After completing the certificates at the registry office, the applicant will become the official stepfather of the child.

Source

Source: https://zakon.temaretik.com/1849388240261351807/kakie-dokumenty-nuzhny-dlya-udochereniya-rebenka-zheny/

If a single mother gets married, does she lose benefits?

In Russia, additional financial assistance is provided for women who raise children on their own, but before tying the knot, you need to clarify if a single mother gets married, whether she loses her social status as a single mother. It all depends on who becomes the spouse, as well as what role is assigned to the child's biological father.

About the status of a single mother

According to current legislation, a single mother is a woman who independently raises a child without any participation from the biological father (psychological or financial). But, at the same time, not every single-parent family can qualify for state benefits, since in order to acquire a special status, a number of significant features must be present.

Thus, the categories of parents who are not considered to be raising children alone include the following:

• if, after the termination of the marriage relationship, the mother remains alone with the minor children, and the father (former spouse) evades alimony payments;
• when the child was born within 300 days from the date of official termination of the marriage relationship (the personal data of the ex-husband is entered into the birth certificate);
• all situations in which paternity was established in court;
• women whose husbands died or were declared missing by the court;
• if the spouse was deprived of paternity by the court.

This is a limited list of situations in which the mother is not entitled to benefits. To be able to obtain the social status of a single parent, at least one of the following conditions is necessary:

• the birth of a baby outside of official marriage (all facts of adoption are also taken into account);
• if the baby was born more than 300 days from the date of termination of the family relationship.

Acquiring status

Mothers often resort to deliberate violation of the law, pointing out that the child does not have a second parent. Whereas, in fact, the biological father takes part in raising the child. In order to avoid such fraudulent actions, a clear procedure for assigning benefits and salary was provided.

Important! The scope of rights and opportunities of a single parent cannot be limited. That is, either the subject receives all the bonuses at once, or a refusal to assign the social status of a single parent is sent.

The documentation and assignment of benefits is carried out by the civil registry office and social services. At the birth of a baby, it is necessary to issue a birth certificate, and already at this stage, if there are sufficient grounds for this, a dash is placed opposite the father in the document, or the mother can indicate only the father’s name, so that there are no questions with the patronymic.

Situations are possible when initially the baby had both parents, but after a while the spouse initiated the procedure to clarify paternity, and DNA testing showed a negative result. Thus, the official spouse was excluded from the list of relatives, and the issue with the father remained open.

In this case, after completion of the trial to revoke paternity, the court sends a copy of the Resolution to the Civil Registry Office, where changes are made to the child’s document. After making new copies of the papers (which takes about 10 days), the mother receives the baby’s birth certificate in her hands.

Read also: Payments of child benefits on the world map: from May 1, 2020

 

Accrual

As mentioned above, the registry office is responsible for issuing papers confirming the grounds for applying benefits. But all responsibilities for checking the provided papers, as well as for assigning the status of a single mother, are handled by the social service. Regardless of whether the family was single-parent initially, or the need for financial assistance arose later, the woman will have to contact the social service.

So, immediately after the birth of the baby, mothers begin to prepare documents for the accrual of child benefits. At the same time, additional papers are submitted for the assignment of benefits due to the sole upbringing of the child. The main papers that need to be collected include:

• mother's personal passport;
• the baby’s birth certificate (which is proof of the father’s absence);
• a copy of the identification code;
• certificate of family composition;
• extract from the migration service regarding registration.

It is also required to open a separate financial account, into which payments will be made. As a rule, money begins to be transferred from the next month after submitting the application. At the same time, the Law requires that all months except the one in which the child was born are counted.

If the benefit is issued a little later, then the package of documents will be the same, but in addition you need to attach an official document by virtue of which paternity was canceled. Help will also arrive starting next month.

Special circumstances

There are a number of special circumstances that raise doubts among the subjects of legal relations. In particular, this applies to repeated marriages. So, if a single person gets married, then all benefits are retained for her, since the law does not oblige the new spouse to take full part in raising a child who is not his own . Payment of financial benefits ceases if the man has adopted a child and thus received the full package of powers and parental responsibilities.

In addition, taking into account the above, the spouse can apply for single status after she gets married. This right remains with her as long as there is a dash in the “father” column on the birth certificate or simply the name she named.

Important! After the new husband confirms paternity of the child through the court or the registry office, the benefits are automatically canceled, since such a family is considered complete and excludes independent raising of the child.

 

Advantages

So, what bonuses remain for a woman who gets married again? The main ones include:

• reduction of tax payments from the amount of official income (mothers of 1-2 children can count on a tax reduction of 2.8 thousand rubles);
• receiving additional leave or taking a vacation at any convenient time;
• the right to full compensation for sick leave, regardless of the term of work and total length of service;
• impossibility of engaging in night work without consent;
• mandatory consent to business trips or overtime work;
• the possibility of reducing the working day by mutual agreement with the employer (only if there are children under 14 years of age);
• protection against layoffs and unauthorized dismissal from work;
• bonuses when paying for utilities.

This is an incomplete package of benefits that are guaranteed to every parent raising children on their own, but all benefits are canceled if the child has an official parent. This may be adoption by a new spouse or initiation of paternity determination by the biological father.

Source: https://SemyaiZakon.ru/mat-odinochka/vyhodit-zamuzh.html

Adoption of a child by a spouse of a single mother

sonship of a child of a single mother's wife

If a woman has the status of a single mother, then the consent of the biological father for the adoption of the child by the new spouse is not required.

Single mothers are those women who raise a child on their own. And on her child’s birth certificate there is a dash in the “Father” column.

However, the biological father has the right to establish paternity at his own request. Therefore, if the biological father knows about the existence of the child or communicates with him, it is better to discuss all issues related to adoption in advance.

The issue of adoption of a child by the new spouse of his mother is resolved, as a rule, within one to two months exclusively through the court.

Where to submit

First of all, all documents are submitted to the guardianship and trusteeship authorities at the child’s place of residence, along with the application for adoption. After the guardianship issues permission for adoption, all documents are submitted to the court along with the statement of claim at the place of residence of the child being adopted.

Required documents

•             The future adoptive parent of the child must collect the necessary package of documents, namely:
• -autobiography;
• - certificate and description from his place of work;
• -a document confirming that the man has not been convicted;
• -copy of the passport;
• -a copy of the marriage certificate with the child’s mother;
• - a copy of the birth certificate of a son or daughter;
• - medical conclusion employees about the health status of the potential father;
• - a similar certificate of health of the child;
• -Act of inspection of living conditions (drawn up by the guardianship authority);
• -a certificate confirming the housing’s compliance with sanitary and technical standards;
• - a document that confirms ownership or right to use housing.

Order

1.             After receiving all these documents and carefully studying them, representatives of the guardianship and trusteeship authorities come to the home of the child’s future adoptive parent, communicate with him and the child’s mother, and also examine the living conditions.
2.             Based on this visit, representatives of the guardianship and trusteeship authorities make a decision and draw up an inspection report of the residential premises.
3.             Once such permission has been obtained, written consent to the adoption must be obtained from the child's mother.

Child's consent

If the child to be adopted is already 10 years old, then it is necessary to obtain his consent to adoption. If the child’s stepfather lives with him from an early age, and the child perceives him as his own father, then the principle of secrecy of adoption comes into force. In this case, the child’s consent is not asked.

The consideration of the case of adoption of a spouse's child takes place in court in the presence of representatives of the guardianship and trusteeship authorities, as well as the prosecutor. Adoption cases are considered in closed court hearings.

Requirements for an adoptive parent

•             The future adoptive parent of the child must be:
• - fully capable and of legal age;
• - at least sixteen years older than the child being adopted;
• - have no criminal record;
• - have a regular income;
• - do not suffer from chronic diseases, including alcoholism and drug addiction;
• - should not be deprived of parental rights in relation to other children;
• - must not be the adoptive parent of another child in respect of whom the adoption has been cancelled.

If two or more children

If a spouse decides to adopt one child of his wife, then according to paragraph 2 of Art. 124 of the RF IC, he must adopt the rest. Because, according to the family legislation of the Russian Federation, the adoption of brothers and sisters by different parents is not allowed.

Training program

The prospective adoptive parent must complete a training program. After its completion, a special certificate is issued, which must be attached to other documents. If the future adoptive parent has been living with the child for a long time and fulfills all the duties of a father, completing such a program is a formality.

Denial of adoption

The court will refuse adoption if the spouse wishing to adopt the child suffers from chronic diseases, including cancer; parents are not legally married.

Who can challenge adoption

Parents, that is, mother and biological father; the adoptive parent himself; a child when he turns 14 years old; guardianship and trusteeship authorities, as well as the prosecutor.

Contacts

If you need the help of a lawyer or lawyer, come to us.

m. New Cheryomushki, st. Architect Vlasova, 18, tel. 8-925-999-25-00.

Sincerely, the team of the Center for Legal Expertise.

Source: https://lawex.ru/articles/305/

Adoption of a child of a wife of a single mother (adoption) 2020 - documents

Often single mothers get married and the new spouse wants to formalize the adoption of the wife’s child from her first marriage.

The procedure is accompanied by a considerable number of pitfalls that you need to know about in advance.

General information

You can become a single mother immediately after the birth of your baby. If the child's biological father renounces his obligations and paternity, then a dash can be placed on the birth certificate or the name can be written down according to the mother's words. Then she is assigned the status of a single mother, and she receives a certificate in Form 25.

It is this certificate that allows you to obtain the right to additional benefits and subsidies.

It is now proposed to receive tax deductions in a slightly larger amount than was originally the case. Additionally, single mothers can count on priority enrollment of their child in preschool and school institutions.

Moreover, a 50% discount on preschool fees is given. You can receive all educational literature and a full lunch at school for free. A single mother also receives additional concessions at work. Including additional vacation, days, 100% sick pay.

She cannot be fired at the initiative of the employer, and the reduction occurs with the payment of a subsidy or simply transfer to another department.

She has the right to refuse to work at night, overtime, and holidays. May refuse to go on a business trip.

The legislative framework

Several legal acts regulate this issue:

• Chapter 19 of the Family Code of the Russian Federation. This law regulates all actions related to the adoption of children, regardless of the child’s status. He can simply remain without parental care and be raised by one side.
• Civil Procedure Code - adoption norms.
• Federal Law “On Citizenship of the Russian Federation” of May 31, 2002.

Adoption of a child by the wife of a single mother

Adopting a child from the wife of a single mother is a common procedure. It is accompanied by a considerable number of nuances and features.

Conditions

Adopting a child is possible only for an adult citizen of the Russian Federation. He must be more than 16 years old than the child.

You cannot adopt a child in the following cases:

• an adoptive parent with incapacity or limited legal capacity;
• if one spouse was recognized as such;
• parents have already been deprived of parental rights or their parental rights have been limited;
• removal of a person from performing guardianship actions;
• lack of adequate income to support the baby in good conditions;
• there was an adoption and it has already been canceled in court;
• does not have a permanent place of residence;
• have a criminal record or are undergoing litigation;
• those who have not undergone parent training;
• in a union with a same-sex spouse.

There are also health restrictions. If a person has a disease, he will be denied adoption of a child:

• cancer diseases;
• addiction to both alcohol and drugs;
• injuries that resulted in group 1 disability;
• infectious diseases before leaving sick leave;
• tuberculosis.

Where to contact?

The adoption of a child by the wife of a single mother in 2020 can occur in several ways. But you need to understand that such an action is accompanied by a large amount of documentation and visits to more than one government organization.

You will need to contact:

• To the guardianship and trusteeship authorities to issue permission for further actions. The organization also checks housing and living conditions.
• At the place of employment to obtain income certificates.
• To the management company to provide confirmation of the availability of property and the absence of debt obligations.
• Medical institution for passing a medical commission.
• To the state registry office or court. Depends on the procedure.

How to apply?

Registration initially occurs through the guardianship and trusteeship authorities. An application of the established form and a complete package of documents are submitted.

The government agency makes an appointment and comes to the applicant’s place of residence to inspect the living conditions. After this, a decision is made to grant the possibility of adoption.

Next, all the necessary certificates are collected and the child is adopted by the new spouse through the court.

Required documents

To submit an application, you will need to provide an additional package of documents:

• identification document of the applicant and single mother;
• child's birth certificate;
• in some cases the father's consent;
• consent of a single mother to adopt a child;
• receipt of payment of state duty;
• consent of the child if his age is over 10 years;
• certificate of housing conditions, title documents for property;
• certificate 2-NDFL and a copy of the work book;
• medical report.

A sample application for adoption of a child is here.

A sample consent for adoption from a child over 10 years of age is here.

Is the status maintained?

After the child is adopted by the new spouse, the status ceases to be valid. Now the child has a father, who also has the right to be registered on the birth certificate.

To do this, together with the court decision, it is necessary to visit the registry office and make the appropriate amendments.

Is adoption by a foreigner possible?

Adoption by a foreigner is possible if he meets all of the above requirements. After providing all the documentation, you can complete the standard procedure.

But he will additionally have to provide all certificates from another state to confirm ownership.

In this case, the documents must be translated into Russian and certified by the consulate.

Reasons for refusal

There are not many reasons for refusal. But if the father suffers from alcoholism or drug addiction, then most likely the court will refuse the adoption.

The future father also undergoes a medical examination.

If the child’s biological father still participates in the child’s life, then written consent will also be required. But if he refuses, then this will be considered a reason for refusal.

In other words, only completely healthy men who can provide for their family can become adoptive parents. But the father’s income alone does not have to allow him to feed the whole family. The total income of the spouse is taken.

A negative answer can be heard by men who do not have a fixed place of residence.

Citizens with a criminal record, disabled or disabled may receive a negative answer.

Adoption can only be carried out on a minor child. The law stipulates that the age difference between parents and child must be 16 years.

But most often, the court agrees to meet the parent and approves the application for adoption.

Video about the registration procedure

 

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Source: http://nam-pokursu.ru/udocherenie-rebenka-zheny-materi-odinochki/

How to adopt your wife's child if she is a single mother?

If you are the legal spouse of a single mother and want to adopt her child, the main difference from adopting a child who has a legal father is that you do not need to obtain the consent of the natural parent.

This aspect of adopting a child from the wife of a single mother certainly facilitates the entire procedure and now the result will depend entirely on you.

Documents for adopting a child from the wife of a single mother

In order for you to have the opportunity to become a legal father for your wife’s child, you need to prepare the following documents:

• 1. Statement. An application is the main procedural document that combines all the important aspects of your case, contains the essence and indicates what specific requests you are making. The outcome of the case will depend on how correctly you prepare your statement. You can familiarize yourself with all the rules for writing this document in the section – Application.

• 2. After writing the application, you can start collecting documents. It’s worth saying right away that the package of documents required for adoption is not small. So, you will definitely need:
  • a. Certificate of birth of the child;
  • b. Information that you are legally married to the child’s mother;
  • c. Confirmation of your criminal record;
  • d. Evidence that you are equally involved in raising the child as the mother;
  • e. Certificate and description from your place of work;
  • f. Documents confirming completion of a full medical examination;
  • g. As well as a number of other certificates and medical certificates, which you can read about in more detail in the section – Documents.
• 3. State duty. As for paying the fee, in cases of adoption of a child by a stepfather, the applicant is exempt from paying money to the state.

How to adopt a child from a single mother in court

• Once you have prepared a complete package of documents, you can go to court.
• Adoption cases are considered exclusively by the district court with the participation of guardianship authorities and the prosecutor's office.
• If your application is prepared correctly and all documents comply with the registration rules, your application will be accepted for processing.
• Upon acceptance of the application, the court issues a ruling, which simultaneously sets a date for preparing the case for the upcoming hearing.
• The case preparation stage is an important procedural stage, which is designed to identify whether all the evidence that is required has already been provided, and also at this moment the court directly involves the specific guardianship unit.
• The guardianship authorities at the child’s place of residence, after receiving a court order, come to the apartment where the child lives and inspect the living conditions; in addition, the authorized officer conducts a conversation with the child’s mother, the future adoptive parent and, often, the child himself.
• Based on the results of the conversation and inspection of the living space, the guardianship provides its reasoned conclusion to the court.

When the preparation has taken place and the guardianship authorities have completed their work, the court determines the date for the hearing of the case, at which the adoptive parent’s application is considered on the merits. You can read about how the actual judicial review of the case takes place in the section - Procedure, order, how to register.

Also, parents who want to carry out the procedure secretly and are afraid of its disclosure need to know that all adoption cases are considered exclusively in a closed process and all information revealed in court is protected by the force of law.

Source: http://usynovlenie-rebenka.ru/kak-usynovit-rebenka-zheny-esli-ona-mat-odinochka-materi-odinochki

[email protected]: how to adopt my wife's daughter? she is a single mother, we have already registered with her. what and where to do we need to do next

Go to the Guardianship Department. They'll tell you everything there.

Well, read on the Internet, adoption is done at the registry office

But you need it, a stamp on a sheet of paper, nothing more... Just an illusion.

Adoption is carried out in the registry office. This requires the written consent of the child’s blood father and, naturally, the mother.

Dear smart people who send to the registry office, you are wondering what relation you have to jurisprudence, and whether you have ever read the Family Code of the Russian Federation. If we talk about adoption, it is carried out only by the court. And now the answer. In order to adopt your spouse’s child, you need to go to court with a corresponding application.

It is not necessary to go to guardianship. If I understand correctly, there is not a word about the father on the birth certificate. You can go another way. Yes, just go to the registry office and apply to establish paternity, but this is not adoption. If you make such a statement, no one has the right to check your biological relationship.

The Civil Registry Office registers the establishment of paternity based on the application where you sign. that you are the father of the child. The best option. Seek an in-person consultation with a lawyer. He will tell you about these two options and you will choose the one you like. Legal consequences of adoption.

so the establishment of paternity will be the same, you will become a father with all the ensuing rights and obligations, including alimony.

and you are sure that you and your wife will not divorce, and after the adoption she will calmly file for alimony and you will pay like a sweetheart. It will be difficult to prove that you didn't know you weren't her father.

Contact the guardianship, they will tell you the rest

I support Efimych’s answer. You can go to the registry office and, with the written consent of your spouse, establish paternity. Pay the bank receipt and you are a father with all the ensuing consequences.

You can contact a guardian, they will help you collect documents for the court, but the procedure is lengthy. They will give you a list of documents that you will need to collect, including medical information.

The child and the child must go through a commission and a certificate from the housing office and a certificate of income and property, etc.

Here is an approximate algorithm of your actions. (adoption + change of child's surname) 1. Contact the Guardianship and Trusteeship Authorities in your area. List of documents required for adoption, provided by candidates for adoptive parents: 1. Application to the court to establish adoption (write together with their guardianship worker); 2.

Consent of a child over 10 years of age to be adopted; 3. A copy of the child’s birth certificate; 4.

Consent of the child's father to adoption or a document confirming his legal absence (in your case, a certificate confirming the status of a single mother (it is done at the registry office, a simple certificate with a dash in the father's column may be enough); 5. A copy of the certificate of imprisonment marriage; 6.

A copy of the certificate of divorce (if the marriage is repeated); 7. Medical report from a state institution on the state of health (according to the attached form. The list includes a therapist, infectious disease specialist, dermatovenereologist, phthisiatrician, neurologist, oncologist, psychiatrist, narcologist); 8. A short autobiography (I have to write it); 9.

A certificate from the place of employment indicating the position and salary, or a copy of the income statement; 10. Characteristics from the place of work; 11. Certificate from place of residence; 12. A copy of the title document for the residential premises; 13.

Certificate from the internal affairs bodies confirming the absence of a criminal record for a deliberate crime against the life and health of citizens (the request is made through the court by the guardianship authorities); 14. Copies of passports (of both parents); 15. Copies of the birth certificate of joint children (if there are other children); 16. Report on inspection of living conditions (conducted by guardianship authorities) 2.

Obtain a court decision on adoption. The court is obliged, within three days from the date of entry into legal force of the court decision on the adoption of a child, to send an extract from this court decision to the state body registering acts of civil status at the place where the decision was made, as well as to the guardianship and trusteeship authority at the place of residence of the adoptive parents. 3. Contact the registry office to register the adoption based on a court decision. 4.Obtain a birth certificate for the child with a new last name.

You need - The adoption of a wife's child from her first marriage takes place according to the standard procedure.
Let's consider its stages: Marriage with the child's mother or preparation for marriage (documents for registration should be submitted to the registry office). Child's consent.

Don't forget that a child over 10 years old must officially agree to your paternity.
Collection of documents.
Medical examination.
Filing an application to the court.
A decision by the guardianship board that you are an acceptable candidate to be the child's father.
Court hearing.

Entry of the court decision into force.

Source: https://touch.otvet.mail.ru/question/81974829

Adoption of a wife's child: necessary documents and procedure

In recent decades, marriage dissolution has become common. Most often, in such circumstances, children remain with their mother. Unfortunately, not all fathers conscientiously fulfill their responsibilities towards their son or daughter.

Sometimes the father is replaced by a stepfather, who has the right to expand his powers to raise his little stepson or stepdaughter. Most of the time in the process of establishing family ties takes the registration and collection of the required documentation.

The documents required for the adoption of a wife's child are listed in Art. 271 Code of Civil Procedure of the Russian Federation.

general information

Legal aspects relating to the adoption procedure are set out in Chapter 19 of the Family Code, Chapter 29 of the Civil Procedure Code. Adopted children are considered equal to their relatives by birth. This form of placement of a minor is established by the court upon the application of the interested party.

The law outlines the requirements for a candidate for the role of an adoptive parent. A detailed list of criteria is enshrined in civil and family legislation. If all conditions are met, the guardianship and trusteeship authority issues a conclusion on the person’s compliance with the declared status.

A stepfather can become an adoptive parent of his wife’s child from a previous marriage if he personally expressed a desire to do so and received the approval of his wife and second parent. The opinion of a minor who is already 10 years old must be taken into account. The legislation provides for procedural features if the applicant is a foreign stepfather or a resident stepfather of a foreign state.

Important! Permission to adopt can only be obtained if there is an officially registered marital relationship between the mother and the potential adoptive parent. A civil marriage does not give grounds to claim a new status for the stepfather.

Requirements for a candidate

The stepfather-adoptive parent must meet legal characteristics. These criteria are provided for in Art. 127 SK. The conditions for obtaining approval are as follows:

• majority;
• full civil capacity;
• no criminal record;
• a satisfactory state of health, which gives the physical ability to care for other subjects;
• availability of a registered right to use housing or ownership of residential real estate;
• no past cases of deprivation of parental rights, removal from guardianship or trusteeship.

The legislator also requires applicants to confirm that they have received sufficient income to support their family and to undergo a special program to prepare citizens who have expressed their intention to raise a child. However, these rules do not apply to stepmothers and stepfathers who are adopting minors.

My own father's opinion

Blood father and mother are equal before the law from the point of view of exercising parental authority. Therefore, if their baby is adopted, the consent of both is required. You can revoke your permission at any time before the court makes a final decision. The parent has the right to name a specific person to whom he wishes to transfer parental status.

• Question:
• What form of parental approval is required by law?
• Answer:

According to Art. 129 of the Family Code, the father’s consent can be in written or oral form. In the first case, you should prepare an application and have it certified by one of the suitable structures - a notary office, a local public organization, or the head of a specialized government agency. It is allowed to express one's position orally directly at the court hearing.

A simplified procedure is provided for a single woman. If she is a single mother and has the appropriate official status, the father's consent will not be required. Indeed, from a legal position, such a woman independently performs all parental tasks and bears the burden of providing for the family.

When paternal permission is not necessary

In some cases, the consent of the blood father in the package of documents for adoption is not necessary. The court exempts you from the obligation to obtain the permission of the second parent if the marriage or cohabitation ended no earlier than a year before the date of application and there is documentary evidence of this.

Often the biological father does not take part in raising his son or daughter, but at the same time does not agree to allow adoption. The legal solution in such a situation is to deprive the father of parental legal rights.

Then he will have no legal control over his offspring. Those who do not want to get involved in additional litigation may try to persuade the court to grant the application without the approval of the other parent.

The grounds for this are evasion of paying child support or a complete lack of communication and meetings with the child.

Stages of the procedure

A citizen who has decided to initiate the act of adoption of a minor from his wife’s first marriage must act in a certain sequence. The proposed algorithm will help save time and resources. The instructions include several independent steps.

• At the first stage, you should undergo a medical examination to check the general condition of the body and exclude the possibility of the existence of diseases that threaten the life and health of the minor.
• Order official confirmation of the absence of criminal liability. An application for issuing a certificate is available on the State Services website through your Personal Account or by contacting the local unit of the Ministry of Internal Affairs.
• Submit an application to the Office of Public Promotion to provide conclusions about the possibility of being an adoptive parent.
• Submit an appropriate appeal to the district or city court.
• If the decision is positive, send to the registry office an application for issuing an adoption certificate and entering information into the registration record.

What to prepare

Legal registration of the relationship between the adopted child and his new teacher involves submitting an application and a package of documentation to 2 different authorities. That is, the applicant will have to collect two sets of applications. For OOP you need:

• passport or other substitute identification document;
• autobiography compiled in chronological order;
• house register or an extract from it, a copy of personal account statements;
• certificate of no criminal record;
• medical report;
• a copy of the marriage certificate;
• certificate of inspection of living conditions;
• written consent of interested parties.

Download the adoption application. 2019 sample

After reviewing the submitted documentation, the OP authorities issue a special act - a conclusion on the possibility of appointing a person as an adoptive parent. The next step is to go to court. The list of documents that the applicant must submit to the court, established in Art. 271 Code of Civil Procedure. It includes the following items:

• a statement drawn up in accordance with the requirements of Art. 270 Civil Procedure Code;
• a copy of the marriage document;
• documentary permission of the biological parents and the consent of the child over 10 years old;
• certificate of completion of a medical examination;
• extract on registration of place of residence, for homeowners - title documents.

Important! If a stepmother or stepfather wants to adopt a minor stepson or stepdaughter, the list of required papers is reduced compared to the generally established list.

In particular, applicants in this category are exempt from the obligation to submit certificates of income, documents on completion of special training provided for in paragraph 6 of Art. 127 SK.

There is also no requirement to comply with the minimum age difference between the adoptive parent and the adopted child, which according to the universal rule is 16 years.

If the new spouse is a foreigner

The assumption by a foreigner of obligations to care for a child who is a citizen of the Russian Federation is characterized by certain features. This procedure is carried out taking into account Art. 165 of the Family Code.

If the family lives in Russia, the procedure provided for Russian citizens applies.

If the spouse lives outside the Russian Federation, control over compliance with the rights and interests of the minor is carried out by competent institutions and consulates in accordance with current international treaties.

Conclusion

The new husband has the right to adopt his wife’s children if he meets all the criteria provided by the legislator. During such a procedure, the approval of both biological parents and the person being adopted is required, if he is more than 10 years old at the time of the action.

If the natural father is deprived of parental rights, does not make child support payments and does not participate in the development of the child, his permission is not required. The list of required documents is fixed by law.

Copies of documentation must be prepared in several copies - separately for social services and the court.

Source: https://semyahelp.ru/semejnoe-pravo/usynovlenie-i-opekunstvo/udocherenie-usynovlenie-rebenka-zheny-neobkhodimye-dokumenty-i-poryadok-dejstvij

Adoption of a child by a single mother through the registry office

Adoption

To answer this question, it is necessary to clarify some nuances. In particular:

1. if the child was born outside of cancer or the father has not been established, you can try the path of “establishing paternity” rather than adoption;
2. if there is a biological father, you need to understand whether he agrees to adoption or not; in case of disagreement, you will first have to apply for deprivation of rights or prove his non-participation in the child’s life directly at the adoption court hearing.

Each adoption case has its own characteristics that must be taken into account.

Sometimes only an experienced lawyer can understand and see all the features.

He will suggest the best option, following which will allow you to get the desired result. The main document is a statement of claim, drawn up according to a certain sample, which the adoptive parent submits to the court - read in detail below.

It is accompanied by a whole package of informational and evidentiary documents.

How is the child of a single mother's wife adopted?

The adoption process is reflected in current legislative norms.

Before you begin the adoption procedure, you should, if possible, familiarize yourself with the following questions:

What it is? To whom does it apply? Where to go.

It is important to remember that the absence of a husband or a woman raising a child alone is not yet a basis for assigning the status of a single mother.

Today, a single mother is recognized as: Indicators Description If the woman of the child is the mother, and paternity was not properly established for some reason: joint paternity was not submitted to the civil registration authorities from both parents at the same time;

Features of adopting a wife's child if she is a single mother

This will save you from many problems. The original birth certificate of the child or children you plan to adopt. Marriage certificate.

You will also need to obtain a detailed description there. A certificate of completion of a medical examination. You must be healthy and mentally balanced. Important! If a child is adopted by his stepfather, he is exempt from paying state fees.

In all other cases, the state fee must be paid. https://youtu.be/aYFpjalNgCUAfter you have collected the entire package of necessary documents, you need to go to court.

How to adopt your wife's child if she is a single mother?

It’s worth saying right away that the package of documents required for adoption is not small.

So, you will definitely need:

1. f. Documents confirming completion of a full medical examination;
2. b. Information that you are legally married to the child’s mother;
3. a. Certificate of birth of the child;
4. d. Evidence that you are equally involved in raising the child as the mother;
5. e. Certificate and description from your place of work;
6. c. Confirmation of your criminal record;
7. g. As well as a number of other certificates and medical certificates, which you can read about in more detail in the section -.

• • 3. State duty. As for paying the fee, in cases of adoption of a child by a stepfather, the applicant is exempt from paying money to the state.

Once you have prepared a complete package of documents, you can go to court.

How to adopt your wife's child if she is a single mother

Voluntary establishment of paternity If you do not know, we recommend that you seek help from professionals.

If the paternity column is not filled in on the child’s birth certificate, the adoption procedure is simplified as much as possible. The child’s mother and stepfather, together with the child’s passports and birth certificate, must appear at the registry office at the child’s place of registration.

The registry office employees must be asked for a statement of voluntary establishment of paternity.

Having filled out the appropriate form, you give the child’s old birth certificate, and within 1-2 business days (the exact period will be told to you on the spot), you receive a new birth certificate, where the stepfather’s full name will appear in the paternity column.

It is worth noting that any “candidate for adoption” can take advantage of this opportunity, even if he knows that he is not the biological father of the child.

Adoption of a child registry office

Procedure for adopting a child 1. Adoption is carried out by the court upon the application of the person(s) wishing to adopt the child.

Secondly, the child’s father has the right to challenge his paternity in court. Article 52. Challenging paternity (maternity) 1.

The entry of parents in the birth register, made in accordance with paragraphs 1 and 2 of Article 51 of this Code, can only be challenged in court at the request of the person recorded as the father or mother of the child, or the person who is actually the father or mother of the child, and also the child himself upon reaching the age of majority, the guardian (trustee) of the child, the guardian of the parent recognized by the court as incompetent. 2.

For example, she is entitled to:

1. enlarged,
2. breakfast and lunch at school.
3. free distribution of educational materials,
4. baby to preschool on a first-come, first-served basis,
5. discount equal to half the cost of services,

In addition, a single mother has the right to demand benefits from her employer.

This:

1. if she receives an increased subsidy or will be transferred to another place of work. In this case, issues related to the latter fact will have to be resolved by the employer himself.
2. refusal to work on holidays, night and overtime hours,
3. additional vacation at your own expense,
4. refusal of business trips,
5. impossibility only at the request of the employer,
6. in full,

The rules regarding the adoption of a child by a single mother are specified in the following legal acts:

1. In ch. 19 IC contains all the information concerning the adoption of a child. It also states that he can be raised by one of the parents.

The procedure for adopting a wife's child if she is a single mother

To do this, the adoptive parent and mother must contact the registry office with passports and the child’s birth certificate; write a statement on a standard form stating that you (the adoptive parent) are the father of the child.

Paternity will be established on the same day. You will be given a new birth certificate for the child, where the name of the adoptive parent will appear in the paternity column. All that remains is to contact the passport office to affix the appropriate stamp in your passport.

• No matter how unimaginable this situation may seem, do not miss this opportunity.
• Surprisingly, many do not even try to go this route, but look for answers in court.
• Meanwhile, in the registry office it makes absolutely no difference whether you are the biological father of the child or not.

Moreover, this possibility is established at the legislative level and is not a “gap” in the law. On the contrary, given the benefits and allowances that the state provides to single mothers, it is beneficial for the administrative apparatus to reduce these expense items by any means.

How to adopt a wife's child - a single mother?

By law, the adoptive parent must be 16 years younger than the guardian; consent of the biological parent, if this is not a single mother; the candidate has no criminal record; consent of the minor’s biological mother; having a permanent income and place of residence.

Russian legislation states that the procedure for adopting a wife’s baby must be kept secret. Disclosure of its details to third parties is strictly prohibited. Despite all the prohibitions, the adoption process involves a large number of people and government institutions through which the designated candidate passes.

At various stages of the procedure for adopting his wife’s baby, the candidate collects documents and submits them to the authorities indicated in the article.

Source: http://iso-sercons.ru/udocherenie-rebenka-materi-odinochki-cherez-zags-97625/