Age difference between adoptive parent and adopted child

There are often cases when aunts, uncles, grandparents of a sister, or brothers of a child from an orphanage want to act as an adoptive parent. But the age difference between the adoptive parent and the adopted child should be optimal for both parties.

Criteria for applicants to adopt a child

Of course, there are a number of criteria that an adoptive parent must meet in order to foster an orphan from an orphanage, namely:

• reach the age of majority;
• have no criminal record;
• have a legal permanent income;
• have privatized living space that meets all sanitary and housing standards;
• be fully competent;
• do not have serious health problems;
• absence of alcohol and drug addiction;
• have no mental disorders.

Minimum age

According to the current legislation of the Russian Federation, citizens who have reached the age of 21 have the right to adopt children, i.e. exclusively adults.

At the same time, they must have an official job and a stable income to provide the family with the necessary benefits.

Minor citizens who have managed to achieve the right to adopt a child into their family are an exception to the rule and these trials are considered more carefully.

Maximum age

The law does not provide for a specific age when candidates are considered unsuitable for adoption; it all depends on related factors. However, as practice shows, PPPs are in no hurry to give up children for adoption to citizens over 45-50 years old, since this age period is secretly considered the maximum.

Reasons for refusing older candidates:

• Health problems.
• Lack of finances.
• Lack of privatized living space.
• Lack of help from close relatives.
• The difference in interests and foundations against the backdrop of a large age difference.

Age difference between adoptive parent and adopted child

The age difference between the adoptive parent and the adopted child must be at least 16 years, since the possibility of marriage is taken into account, subject to a voluntary intimate relationship resulting in pregnancy. But if the stepfather/stepmother expressed a desire to adopt, then there are no age restrictions in this case.

But there are exceptions to the rules when candidates can obtain the right to adopt a child through a judicial procedure. Examples of such cases:

• the age of one of the candidates is within the normal range;
• high quality of life;
• adoptive parent is a close relative, godfather or family friend.

Choosing a child due to age characteristics

The age period for the adoption of children is also not prescribed by law; it can be either an infant or a teenager. But it should be understood that each age limit has its own characteristics.

Child's age

Age
Pros
Cons

0-3 years	Easy adaptation of the child in the family. The baby will not remember that he was adopted if you want to hide this fact from him.	Frequent illnesses. Sleepless nights. Features of feeding. A sharp change in the usual way of life (especially for the mother). Can't explain his demands. Requires 24/7 attention
3-7 years	The child easily fits into the family. Perceives adoptive parents as family. He can serve himself. Can express his requests and desires.	Possible restless sleep due to stress. Changing the usual way of life to a more active one, since the child will not sit still and require active games. Requires constant attention.
7-12 years	He can serve himself. Will be able to help with housework. They can keep themselves busy. Does not require 24/7 attention.	There may be difficulties in adapting to school.
12-15 years	Does not require constant attention. He can serve himself. Can help with housework.	Conflictful and irritable, due to the characteristics of adolescence. He does not always listen to his adoptive parents. Often expresses protests related to the new rules of family life.
15-18 years old	Does not require constant attention. Independent. You can rely on him. Helps with housework. Can solve his problems on his own.	May express dissatisfaction with the new way of life (but not as categorically as in adolescence). It’s hard to get used to the new rules in the family.

Adoption as an adult

In Russia, the adoption of adult children is not allowed, since after passing the age limit of 18 years a person is considered an independent person who does not require either adoptive parents or guardians.

The best age for a child to be adopted into a family

Adoptive parents are often faced with the question of what age is the best for a child to be adopted, so that his adaptation into the family is as painless as possible. In fact, each age period has its own positive and negative features, as the child grows, his perception of others changes, his own opinion appears, and it can change over the years.

But still, the best moment is considered to be the age of 3-7 years, during this period it is easier for the child to perceive the values, rules and foundations of the new family. The baby easily gets along with his new parents.

The worst period for adoption is adolescence (12-15 years), since it is during this period of development that personality formation occurs, which leads to protests against all possible foundations, which leads to frequent conflicts in the family.

• Article 128 of the RF IC. The age difference between the adoptive parent and the adopted child.
• Article 127 of the RF IC. Persons entitled to be adoptive parents
• Article 124 of the RF IC. Children for whom adoption is permitted.

Of course, adoption is a complex process with many difficulties and nuances, including those related to the age of the adoptive parents and children. But, in almost any situation, you can achieve a positive result, the main thing is not to give up and give the new family member the opportunity to feel the warmth and comfort of their home.

Source: https://opekarf.ru/usynovlenie/raznitsa-v-vozraste-usynovitelem-i-usynovlennym

Special obligations. What is required for adoption?

The other day in Moscow, a girl wearing a medical mask brought and left her two-year-old daughter at a clinic in the north of the capital.

When the lady was detained some time later, she told the police that she could not cope with the child and decided to get rid of her daughter in this way. A little later it turned out that the girl was preventing the cuckoo mother from establishing a personal life with her next roommate.

In a sense, the baby was lucky: the woman did not leave her to die, but brought her to people. Now the girl is in the hospital, and the mother is under investigation.

I would like to believe that such a mother will be deprived of parental rights, and that the baby will eventually have a real family - there will be many who want to adopt the girl. After all, thousands of families have been dreaming of having a baby for years, spending exorbitant sums on infertility treatment.

The motives for adoption are different: some cannot have children, while others take a lonely child into their family and raise him along with their children, just to make the world a little happier and brighter.

In any case, adoption is a very important step, and candidate parents will have to go through interviews, collection of documents, numerous examinations and even courts. The adoption procedure is described in detail in the Family Code of the Russian Federation, and, of course, it will not be easy to do without the help of a lawyer. But there are general points that would be useful for potential adoptive parents to know.

Still from the film “My Little Angel” / “Kinopoisk”

In Russia, adoption is allowed for both Russian citizens and foreigners. By law, adoptive parents can be adults of both sexes. In fact, there are quite a lot of unobvious nuances and limitations.

The age difference between the adoptive parent and the adoptee must be at least 16 years.

You cannot adopt a boy without adopting a brother or sister. Priority is given to close relatives of the child and married couples.

It is the court decision that will become the basis for the civil registry office to issue a birth certificate, where the adoptive parents will be indicated as the baby’s parents.

By the way, within the framework of maintaining the secrecy of adoption, the law allows, when resolving the issue of adoption in court, to change the last name, first name, patronymic, place and date of birth of the baby at the request of the adoptive parents.

© RIA Novosti / Vladimir Pesnya

At this stage, it is necessary to contact the guardianship authorities with a statement of desire to become candidate parents. The application is accompanied by a biography and characteristics of the applicant, health certificates, information about property and income.

Such an application is considered within five days, but the deadline can be extended, because often the guardianship authorities need to conduct an examination of the candidate’s living conditions, check the reported data, and talk with both the candidate for adoptive parents and his family members.

Clear reasons for refusal of adoption permission are certain illnesses, lack of own housing, insufficient income, an outstanding criminal record and some other factors.

If the decision is positive, the guardianship authorities issue a written approval of the candidate’s status, which the adoptive parent will subsequently submit to the court along with other documents.

Often, people who already know who they want to adopt or adopt come to the guardianship authorities.

For those who have not decided, the guardianship and trusteeship authority will provide access to a closed list of candidates for adoption. There is even a waiting list for adoption - sometimes you have to wait six months or more for “your” baby.

During the communication between potential adoptive parents and the child, the management of the institution where the child is located observes how the candidate parents interact with the child, whether they manage to find a common language, and based on what they see, informs the guardianship and trusteeship authorities of their conclusions, and from the age of 10, adoption is allowed only with the consent of the child himself - the issue of approval of the adoptive parents is approached carefully and systematically.

And now the meeting between the adoptive parents and the baby has taken place, the guardianship authorities have no comments or questions for the candidates - it’s time to prepare documents for the court and prepare the house for the arrival of a new family member.

© RIA Novosti / Ruslan Krivobok

Court hearings in these cases are closed. They are attended by specialists from the guardianship authorities, the prosecutor and adoptive parents. This guarantees the secrecy of adoption, the disclosure of which is subject to criminal liability.

Also, teachers and other persons can be called to the court as witnesses who will help the court to form a complete objective picture of both the adoptive parents and whether a positive decision on adoption corresponds to the interests of the child.

Documents for the baby are prepared by the guardianship authorities.

The adoptive parents prepare their own package: certificates from work, certificates of property, data on health, absence of criminal records and marital status (for married people, a similar package of documents will be required for the spouse). It is necessary to provide the consent of the baby's biological parents for adoption. Such consent is not required in some cases, for example, if the biological parents are deceased or unknown.

In some cases, it may be necessary to additionally conduct complex examinations and examinations. The adoption process is long and complex, which is fully justified by the significance of the moment, because there is nothing worse than giving a child false hope for a family, and then returning him to the orphanage.

The reward for the time, effort and nerves spent is the happy eyes of the baby and his new parents - people who consciously became parents and will never want to leave their baby.

Elizaveta Khudyakova

Source: https://life.ru/p/1216893

Age difference between adoptive parent and adopted child

In order to become an adoptive parent, you must meet a number of requirements established by the Family Code and other regulations. One of these conditions is the minimum age difference between the adoptive parent and the adopted child.

Often the adoption process is accompanied by difficulties and problems. The time between submitting an application to the guardianship authorities and the appearance of the baby in the house can be very long.

However, after all the issues are resolved, the baby acquires parents and begins a new life in a full-fledged family.

Requirements for those wishing to adopt a child

Of course, the candidate for adoptive parents must have a decent moral character and be able to support both himself and the minor.

The first condition set by the law is the age of majority. This means that you are at least 18 years old. There are cases when a citizen becomes an adult at the age of 16 due to employment or the appearance of his own children, but in such situations the court rarely gives consent to adoption.

This rule is quite strict, because people under 18 are rarely able to take care of both themselves and the child. And most often, more mature citizens who do not have the opportunity to have natural children or want to help a minor and be responsible for his life and health think about adoption.

Another important factor is adequate behavior and full responsibility for one’s actions. The adoptive parent must be aware of his actions, and therefore it is important to recognize him as absolutely capable. That is, he must have a corresponding medical certificate in his hands.

In addition, the future adoptive father or mother should not have serious problems with the law. What matters here is whether the person was convicted or prosecuted in a criminal case, but then the prosecution against him ceased.

What should be the health of a candidate for adoptive parents?

It is necessary that the person adopting the child does not have diseases that will interfere with his upbringing or earnings to support him. The parent is obliged to fully perform his functions until his son or daughter turns 18 years old. Adoption is not permitted to persons with a questionable lifestyle, that is, those suffering from alcoholism and drug addiction, or those involved in prostitution.

All specified conditions are specified in Art. 127 RF IC. But there are also criteria that are usually not taken into account by applicants for adoption. These also include the minimum age difference between the adoptive parent and the adoptee.

What should be the minimum age difference for adoption?

So, the age difference between the unmarried adoptive parent and the adoptee must be at least 16 years.

This condition is quite understandable. To raise a son or daughter, you need to become a certain example for him. This can be quite difficult, especially with teenage children who are aware that they are not their own. Then they need an older adoptive parent who turns out to be wiser and more experienced, that is, authoritative.

It is very important that the child listens to the opinion of the elder. If this does not happen, and the teenager does only what he considers necessary and correct, he may commit irreparable acts.

Exceptions to the rule

However, in Art. 128 of the RF IC states that sometimes a slight deviation from the minimum age difference between the child and the adoptive parent is allowed. But specifically such cases are not described there. Whether the situation is controversial or not can only be determined by the court. As judicial practice shows, exceptions are permissible in the following cases:

1. if the candidate for adoptive parents is the child’s closest relative (aunt, uncle) and at the same time his age difference with the child is slightly less than the minimum threshold established by law.
2. if the potential adoptive parent has a very decent financial situation and is able to provide the child with everything necessary.
3. when a married couple wants to take a baby into the family, where the age difference between the husband or wife and the child is slightly less than 16 years. A similar situation is when a child is adopted by his stepfather or stepmother.
4. other circumstances that the court considers exceptional.

Is there a minimum age difference for custody?

In addition to adoption, the law provides for other forms of fostering children, namely: guardianship (trusteeship) and foster care. The following may be taken under guardianship:

• incapacitated persons (Article 32 of the RF IC);
• young children;
• disabled minors left without parental support.

The guardian can be a close relative or any other citizen of the Russian Federation. This form of placement for children or incapacitated persons requires certain material compensation from the state, namely benefits and one-time payments.

Patronage is the placement in the family of an incapacitated person in need of daily care and attention (Article 41 of the RF IC). This form of guardianship is not remunerative, but is counted towards the guardian’s work experience.

With the described forms of accepting minors into a family, there are no restrictions on the age difference between guardians and wards. It is only important that the potential guardian reaches the age of eighteen.

What is the list of requirements for guardians?

• capacity;
• no criminal record for serious crimes;
• having your own home;
• majority;
• constant income;
• absence of incurable diseases;
• no deprivation of parental rights.

Adoption is issued for life, and guardianship and patronage are issued for a limited period, so the criteria for these procedures are less stringent.

Source: https://sudotvet.ru/usynovlenie/raznica-v-vozraste.html

Age difference between adoptive parent and adopted child in Russia

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The adoptive parent must meet a number of requirements. The qualities of the candidate are assessed not only by the guardianship department, but also by the court. Therefore, to achieve a positive result, it is necessary to undergo thorough preparation. One of them is the age criterion. Let's consider what the age difference should be between the adoptive parent and the adopted child.

Age criteria for an adoptive parent

Regulatory regulation of the issue of adoption of a child is contained in Chapter. 19 of the Family Code of the Russian Federation. Art. 127 of the RF IC establishes the need to reach the age of majority to obtain a conclusion on the possibility of being a candidate for adoptive parents.

There is no maximum age level for a substitute parent. If a citizen meets the established requirements, he can reach both 60 and 70 years of age.

The key condition is compliance with the requirements established by law.

No. Conditions

1	Monthly income in the amount of the subsistence minimum for an able-bodied citizen and the subsistence minimum for each dependent and potential adoptee
2	Capacity
3	Capacity
4	Absence of prohibited diseases (alcoholism, oncology, drug addiction, tuberculosis, group 1 disability)
5	No criminal record
6	Consent of all family members
7	Completing special training

Important! An important condition for adoption is that the adoptive parent reaches the age of majority. An emancipated citizen cannot be a substitute parent, although he is endowed with full legal capacity.

Age criteria for an adoptee

Family arrangement is possible only in relation to minors (Article 124 of the RF IC). Therefore, the adoptee must be between 0 and 18 years of age.

Moreover, upon reaching 10 years of age, the child independently decides whether he wants to be placed in a foster family. The exception is the situation when a minor lives in a family and considers the adoptive parents to be their blood mother and father.

The law does not provide for the possibility of adopting an unborn child. Therefore, a prerequisite is the birth of a baby and registration of his birth.

When the person being adopted reaches 18 years of age, family placement is prohibited. Moreover, the court decision on adoption must enter into legal force 1 day before the child reaches adulthood.

Acceptable age difference at adoption

The next age criterion is the age difference between the adopted and the foster parent. The relationship between the adopted child and the adoptive parent must fully correspond to the relationship between the natural parent and the child. Nature has determined that a person can have children starting from a certain age.

Therefore, a person cannot adopt a person of the same age or a person close to him in age. Art. 128 of the RF IC provides for the need for a difference of at least 16 years.

This is necessary to ensure that the ages of the adoptive parents and the adopted child differ no less than those of the potential birth family.

Exceptions to the rules

The law establishes a number of exceptions to the rules. The court may waive the need to maintain the difference in years between the foster parent and the adopted parent in the following cases:

1. When adopted by a married couple . If the age of at least one of the spouses corresponds to the norms, then the court may deviate from the general rule.
2. In case of intra-family adoption . Art. 128 of the RF IC directly establishes an exception for a stepfather or stepmother.
3. When joining a family of close friends . It is in the interests of the minor to maintain social connections. Therefore, the candidacy of citizens who have established contact with the child will be considered as an exception. Neighbors, friends of parents, godparents, and relatives are considered in this capacity.

Example . Citizen Ts. remarried. Her husband was much younger than her. From her first union she had a minor son, 16 years old. The stepfather and the boy became friends. At the family council, a decision was made to adopt.

In addition, the boy's blood father did not pay child support and did not maintain contact with him. The court focused on the fact that the age difference between the stepfather and stepson is only 10 years. The minor was questioned in court.

The teenager confirmed his consent to adoption and change of surname. The applicant's demands were satisfied.

Thus, the court may deviate from the need to maintain the difference in years in the interests of the minor. Each situation is considered individually. The court will take into account the opinion of the guardianship department, the child, and the prosecutor's office.

The guardianship department and the court deviate from the minimum age difference between a minor and a substitute parent only in exceptional cases.

The applicant must prove that he can be the father or mother of the minor, despite the minor difference in age.

If you have a similar problem, you will need pre-trial preparation. Describe the situation, and the site’s lawyers will prepare you for the process.

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Source: http://allo-urist.com/raznitsa-v-vozraste-mezhdu-usynovitelem-i-usynovlennym/

Age difference between adoptive parent and adopted child - law

The adoption process is not easy. There may be difficulties in preparing documents, choosing a ward and establishing contact with him. Often relatives, close or distant, want to act as adoptive parents. Sometimes couples want to take a completely stranger’s child from an orphanage.

Many of them come to the idea of ​​becoming foster parents when they reach adulthood, when the house is full and their children have already grown up.

And it is not surprising that potential adoptive parents have questions about the age at which adoption is possible. regarding the age limit. After all, the future new family member should be comfortable in the family, so it’s a good idea to ensure that there is an optimal difference between the adoptive parents and the adopted child.

Maximum and minimum age limits for an adoptive parent

Of course, there are criteria that an adoptive parent who intends to take a child from an orphanage into care must meet. There are several of them:

• no criminal record;
• having a permanent income;
• Owned housing that meets sanitary and housing standards;
• capacity;
• absence of serious illnesses, mental disorders, alcohol and drug addiction.

A foster family is not much different from a real one. Therefore, Russian laws regulating the processes of guardianship and trusteeship are based, first of all, on an understanding of the laws of nature and logic and establish age restrictions when adopting a child

Therefore, the answer to the question of what the minimum and maximum ages of the adoptive parent should be is:

1. Minimum. The legislator considers it possible for citizens over the age of 21 who meet the above criteria to adopt children.
2. Maximum. The law does not provide for a specific age limit when a candidate is declared unsuitable for adoption. It all depends on the accompanying factors.

Important! In practice, the guardianship and trusteeship authorities are in no hurry to transfer babies for adoption to citizens over the age of 45-50.

Unofficially, this limit is considered the maximum age for an adoptive parent. The candidate must have time to raise the adoptee to adulthood.

There are objective and subjective reasons for this.

• a child may be embarrassed by elderly mothers and fathers in front of their peers in kindergarten or school, and it is difficult for them to establish trusting contact with such parents.
• Caring for a child will require high physical activity from parents, as well as material and psychological support, which spouses may not be able to provide.
• The child is practically deprived of the opportunity to assert himself using the example of his parents, who are inactive, not particularly athletic, and not very wealthy;
• It is difficult for elderly parents to maintain the level of activity of their offspring and to join the young active environment.

All these circumstances do not in any way contribute to family unity.

But if adults are fully aware of the responsibility they place on themselves by becoming a guardian at such an advanced age and feel the strength and readiness to raise a child until he is ready for adulthood, psychotherapy will always come to their aid in resolving conflicts and creating a strong happy family.

In situations where no related contact has arisen between the adoptive parents and the adopted child, Russian legislation provides for the abolition of adoption. And this procedure is even more complicated.

Age difference between adoptive parent and child

It is important to understand that the requirement of the law regarding the difference in age between the adoptive parent and his ward is based, first of all, on the provisions of the Criminal Code of the Russian Federation, which define the years of entry into intimate relationships and marriage on a voluntary basis. This means that the age difference between the adoptive parent and the adopted child must be at least 16 years.

According to the provisions of Article 128 of the Family Code, it is possible to deviate from the rule establishing this difference. But the law does not provide references to specific situations.

A situation can be classified as exceptional only by a judicial decision.

Judicial practice knows cases when the court makes exceptions when determining the minimum difference between the age of the adoptive parent and the adoptee. This happens if:

1. a married couple acts as adoptive parents, and the age of one spouse differs slightly from the norm;
2. a close relative (uncle, aunt), godfather or close friend of the previous family accepts the child into their family;
3. the candidate’s income is high enough to provide the new family member with decent maintenance and upbringing; or in other circumstances that the court deems worthy of exception.

This article also contains clause 2, which provides for a relaxation of the age limits for persons legally married to one of the adoptee’s parents. If a stepmother or stepfather acts as an adoptive parent, the presence of a difference in age established by paragraph 1 of Article 128 does not matter.

Important! Another problem arises. It is required to obtain the parent's consent to adoption, and in fact, to offer him to renounce parental rights.

And, following the requirements of the RF IC (clause 1, article 132), consent to the adoption process will have to be obtained from the child being adopted if he is already 10 years old. Although you can take children into your family almost from birth.

But a positive result can be achieved in almost any situation. Don't give up. The new member of your family will definitely appreciate the warmth and participation that you will give him.

And your home can become home to him, and you all can become one strong family.

Source: https://opeka-rf.ru/usynovlenie/raznitsa-v-vozraste/

RF IC article 128. age difference between the adoptive parent and the adopted child

But legal restrictions appear to apply to some minors who, following the general logic, can be adopted. Thus, the law provides for the acquisition of full legal capacity by persons under 18 years of age. The law does not provide a direct answer to the question of whether it is possible to adopt such children.

In our opinion, there are at least two grounds on which minors can be equated to adults, which, therefore, prevents adoption. Let's look at them separately.

Emancipation

According to Art. 27 of the Civil Code, if a child who has reached the age of 16 is officially engaged in labor activity or, with the permission of legal representatives, has become an entrepreneur, he may be endowed with full legal capacity even before reaching adulthood.

It is logical that in this legal status such a child is equal to a person who has reached 18 years of age. And as a result of this, he probably cannot be adopted.

Moreover, in order to obtain the full scope of rights, he must obtain permission from the guardianship authority (with the consent of the legal representatives) or the court (in the absence of consent).

Marriage

The second case is when a child, even before reaching adulthood, is endowed with the full scope of civil rights, according to Art. 21 of the Civil Code, is the conclusion of marriage. According to the general rule established by Art.

13 SC, marriageable age is 18 years old. However, the legislator does not exclude the possibility of marriage if there are good reasons after the age of 16, and even earlier in the presence of special circumstances.

Thus, you can get married starting at the age of 14, and after that, following this logic, the child loses the opportunity to be adopted.

Vacation

Since 2001, Decree of the Government of the Russian Federation No. 719 has established special leaves for employed citizens who have adopted children:

1. When adopting a newborn – 70 days from the date of birth.
2. When adopting 2 newborns – 110 days from the date of birth.
3. When adopting a minor under the age of 3 years - until the child reaches 3 children.

A rest period is provided to the employee upon his request. Only one of the adoptive parents can receive leave if the minor was adopted by a married couple.

Important! At the initiative of the adoptive mother, adoption leave can be replaced with maternity leave. To do this, you must obtain a sick leave certificate based on a court decision and the child’s birth certificate

The procedure for establishing paternity at the age of majority

This procedure is required only for those men who are out of wedlock with the child’s mother; if he is born into an official family, then the husband automatically confirms his paternity.

Some men, after many years, decide to recognize their children, so the question immediately arises: is it possible to adopt an adult child and what is needed for this? Quite often there are cases when a man finds out very late that he has a child and wants to document his relationship with him. Usually such cases occur after the death of the mother, an accident with the child, or for other important reasons.

Another common question remains: is it possible to adopt an adult incapacitated child?

This procedure is possible, but requires permission for adoption from the guardian. According to the law, the court can refuse the father to register his paternity, even if there are facts confirming the relationship. Refusal is issued without explanation.

Usually paternity of a child is established after the consent of his mother, however, there are some reasons why the fact of paternity is established unilaterally, this happens after the death of the mother, if she is declared legally incompetent, is missing or is deprived of parental rights.

If one of these facts occurs, then to recognize paternity you will need: a statement from the child’s father, as well as a document on unilateral expression of will, that is, a certificate from the police at the mother’s place of residence, a copy of the court decision on the incapacity or death of the mother, a certificate from the guardianship authorities deprivation of mother's parental rights.

If the father has died, then his relationship with the adult child is established in court. Events in this situation are developing according to two schemes.

Guardians, parents and the child will have to collect any evidence that will help establish paternity. For example, this may include photographs, documents, witness statements, certificates from authorized bodies and other facts.

After the death of the father and having proven his relationship, the child receives the rights to his pension, inheritance, social assistance and other payments.

However, if the court decision was in favor of the parents, then it is necessary to find a special approach to independent children, whose personality has already been formed. After all, a child cannot immediately get used to a new fact and the appearance of a new loved one in his life.

Adults must understand that they have taken into the family an adult who still has his own pattern of behavior, habits, thinking, and way of life, so it is necessary to stock up on patience, affection, care and love in order to melt the heart of a capricious child. You may need the help of a psychologist to establish a warm relationship. However, this is a necessary measure if parents reach an impasse when communicating with a difficult teenager.

Only in a loving, full-fledged family will a balanced, full-fledged person grow up who can build his life correctly and rely on his parents.

If an adult son or daughter ends up in a family where the father or mother is not their own, then the attitude towards him should only be good.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 or ask a lawyer a question using the feedback form, located below.

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Hello everyone! I’m 29, no longer married, no children (it’s not working out, but I’m getting treatment and working towards it). I have been thinking about adopting a child (up to 7 years old) for a long time, but I couldn’t decide (either the housing issue or the financial issue was not resolved, I was afraid that the parents would not understand).

Now everything is fine pah pah, at one moment everything became simple and clear, the solution came by itself and the difficulties disappeared by themselves.

I visit the SPR, prepare documents, but there is some kind of emptiness inside, the feeling that I can’t cope, I can’t, there’s a constant swarm in my head...

The child looked at a porn site

Does age matter? Just yesterday I had a conversation on this topic with a baby. She told me what she wanted, and asked me to ask questions of this kind, and not to my friends, such a topic, they say, is not...

Does the age of the adoptive parent matter?

Does the age of the adoptive parent matter? The situation is this... My husband and I want to adopt a boy who is 13 years old, I am 26 and my wife is 33. Is there an age limit???

Teenage gynecologist

Well, an ultrasound scan, he says, needs to be done. It is clear that all our female children will later get into the chair :), but still age matters.

Marriage to a 50 year old

In a harmonious union, spouses have equal rights and do not suppress their other half with authority. If both are morally and spiritually mature, then age does not matter.

Children's "decorations"

Does age matter? Well, there's a discount for age. Yes, it’s very in style when the tree, like in Burda, is decorated with plain pears.

Guardianship of an incapacitated adult citizen

According to the general rules of the law, only a child or teenager under 18 years of age can be adopted. However, there are exception cases when the court will be able to satisfy the applicant’s claim for adoption.

Sometimes adults have such serious illnesses that a court may declare them incompetent. Such citizens are not independent, do not understand their actions and cannot manage them. They need care and guardianship just like minors.

Guardianship of incapacitated adults is a direct way to protect their rights and legitimate interests.

Guardianship is the most favorable form for organizing the life of incapacitated persons, because at the same time they retain their usual home conditions and also receive additional care. We wrote about the differences between guardianship and adoption here.

To recognize a person as legally incompetent, an application must be filed with the court at the place of residence of this citizen, or at the address of the medical clinic (if the person was moved there for treatment). A claim can be filed by: relatives, guardianship authorities, as well as representatives of a psychiatric institution.

The statement of claim must contain data on circumstances that indicate a mental disorder from which the person suffers. And due to what factors he cannot independently manage his actions.

Source: https://VsemoBrake.ru/other/do-kakogo-vozrasta-mozno-usynovit-rebenka.html

Is marriage possible between adoptive parents and adopted children?

Article No. 14 of the Family Code specifies the circumstances under which marriage is impossible. Among them it is stated that a family union between an adoptive parent and an adopted child is not allowed.

It is also worth mentioning article No. 128, which defines the age difference between the new parent and the child upon adoption. She must be at least 16 years old.

This rule does not apply to stepfathers and stepmothers if they decide to become adoptive parents of their spouses’ natural children from previous marriages.

If the adoptive parent is a worthy person, and at the same time also attractive and free, then the stepchild raised by him may well develop feelings that are not filial or daughterly, but of a completely different kind.

And they may turn out to be mutual.

Fear of social condemnation of such marriages, as well as fear of breaking the law, can become an obstacle to personal happiness. And here a family law lawyer can play the role of the good fairy and help you get out of the situation legally.

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What should the adoptive parent and adopted child do if they want to get married?

Blood or judicial relationship is an obstacle to marriage. A parent cannot be a spouse at the same time. If mutual love really arose between the adoptive parent and the adult adoptee and they want to get married, then first of all the adoption must be canceled.

The age of the adopted child under 16 years old makes this situation criminal. But only if there is a physical relationship between him and the adoptive parent. This is punishable under Article No. 134 of the Criminal Code, even if everything was mutual and voluntary.

A reasonable adult who has adequately fulfilled his role as an adoptive parent will not allow such a turn of events. Even if feelings arose earlier, you need to wait until the adopted person comes of age. Then there will be much fewer obstacles to canceling adoption and getting married.

These court-established relationships can also only be canceled through a judicial procedure. Usual grounds for cancellation:

• chronic drug addiction or alcoholism of a parent;
• child abuse;
• evasion of the adoptive parent's responsibilities.

The initiators of the elimination of social roles can be blood parents, the prosecutor, guardianship and guardianship authorities, and those adopted after the age of 14. Positive reasons for ending the relationship between an adoptive parent and an adopted child, such as marriage, are much less common.

Cancellation of the status of adoptive parent and adopted child for the purpose of marriage occurs when the child has already reached 18 years of age. There is a separate article of the Family Code (No. 144) about the inadmissibility of such actions in relation to adults. But with mutual agreement, this restriction is lifted. So there should be no significant obstacles to the transition to a new relationship.

Without a judicial procedure for dissolving the relationship as an adoptive parent and an adopted child, a marriage in such a couple cannot be concluded. When the bride and groom submit an application to the registry office about their desire to get married, employees of this organization are required to check key data. They must ensure that potential newlyweds are not:

• blood relatives in descending or ascending lines, having one or two common parents;
• adoptive parent and adopted person;
• incompetent;
• married to someone else.

If you submit an application while remaining in the status of an adoptive parent and adopted child, the registry office employee will not commit such a violation and will refuse to register the marriage. When a couple legally freed from their previous relationship submits an application for marriage to the registry office, they must attach a court decision to the documents.

Reasons for the ban on marriage between adoptive parents and adopted children

The adoptive parent, unlike the adoptive parent, has the same rights and responsibilities as the blood father or mother. This is a full-fledged parent, and after the adopted person enters the family union, the children from this marriage will be considered by law his grandchildren.

The same girl cannot be both a daughter and a granddaughter at the same time. The same boy cannot be both a son and a grandson at the same time.

Therefore (including) the adoptive parent and the adopted child cannot legally enter into marriage, because the children from this union acquire a double kinship status.

In judicial practice, there have been cases when a non-blood parent and an adopted child tried to get married, concealing their status from the registry office employees. Most often, this ended with the deception being revealed and the family union being declared invalid.

There is also such a problematic situation as the desire to marry between children who were adopted by the same adoptive family, but they are not blood brother and sister. In this case, the parents must terminate the adoption status of one of the children through the court.

Only after this will adult children living in the same family be able to marry. And then the daughter from such a marriage will not be at the same time a niece, and the son will not be a nephew.

Timely judicial procedures protect against legal incidents, which in the future can cause complex situations with inheritance and other legal problems.

Read more about the services of family lawyers here. About the features of civil marriage - in this article.

• Sources:
• About the age difference between the adoptive parent and the adopted child
• On obstacles to marriage

Source: https://rtiger.com/ru/journal/vozmojen-li-brak-mejdu-usynovitelyami-i-usynovlennymi/