Information about the procedure of adoption of children being Russian citizens for foreign citizens, public authorities, adoption organizations for posting on the website of the Ministry of Education and Science of the Russian Federation “Adoption in Russia”
1. The conditions under which the children being Russian citizens may be adopted by foreign citizens
Adoption of children being Russian citizens by foreign citizens, citizens of the Russian Federation residing outside the territory of the Russian Federation and stateless persons (hereinafter – foreign citizens) is permitted only in case of impossibility to foster out such children to families of Russian citizens residing in the territory of the Russian Federation, or impossibility of adoption by relatives of the children, regardless of nationality and place of residence of such relatives.
Adoption of a child being citizen of the Russian Federation in the territory of Russia by foreign citizens is subject to the law of the state, which nationality the adopter holds at the time of application for adoption. In addition, appropriate requirements of the Russian Family Code must be complied with, taking into account international treaty of the Russian Federation for cooperation in the sphere of adoption[1].
Children may be fostered out to foreign citizens who are not relatives of the children upon expiration of twelve months of the date of receipt of information about such children by the Federal Database of Children without Parental Care.
Adoption is permitted only for the benefit of children, having regard to ethnic origin of a child, particular religious and cultural affiliation, native language, possibility to ensure succession in fostering and education, and taking into account possibilities to provide the children with adequate physical, mental, spiritual and moral development.
The law of the Russian Federation does not provide for any restrictions for adoption depending on the state of their health.
Adoption of brothers and sisters by different persons is prohibited, except when such adoption is in the interests of the children.
Foreign citizens married with Russian citizens adopt children being Russian citizens in manner prescribed for Russian citizens, unless otherwise stipulated by international treaty of the Russian Federation.
In case if as a result of adoption a child's rights determined by Russian law and international treaties of the Russian Federation may be infringed, the adoption may not be carried out, regardless of the adoptive parent's nationality, and carried out adoption is subject to cancellation judicially.
2. Requirements to adoptive parents being foreign citizens
Female and male adults may be adoptive parents.
A child may be adopted both by a couple, and an individual, whether married or single. Single persons may not jointly adopt the same child.
The following persons may not be adoptive parents:
1) persons held by a court legally incapable or having limited legal capacity;
2) a married couple, one of which was held by a court legally incapable or having limited legal capacity;
3) persons deprived of parental rights or disqualified by a court;
4) persons discharged from tutor's (guardian's) obligations for improper performance of its statutory obligations;
5) former adoptive parents, if the adoption was cancelled by a court through their fault;
6) persons, who, due to their state of health, may not exercise parental rights or who cohabit with the persons suffering a disease which is dangerous for other people around.
The list of diseases which prevent a person to adopt a child includes the following diseases:
1) respiratory tuberculosis in persons falling into the I and II groups of regular medical check-up;
2) infectious disease prior to termination of regular medical check-up due to sustained remission;
3) stage III and IV cancer at any site, and stage I and II cancer at any site before radical cure;
4) mental and behavioural disorders before termination of regular medical check-up;
5) narcomania, toxicomania, alcoholism;
6) diseases and traumas resulting in the I disability group.
The list of diseases dangerous for people around includes the following diseases:
1) a disease caused by human immunodeficiency virus (HIV);
2) virus fever infected by arthropoda, and virus hemorrhagic fever;
3) helminthiasis;
4) hepatitis B;
5) hepatitis C;
6) diphtheria;
7) infections with a predominantly sexual mode of transmission;
8) leprosy;
9) malaria;
10) pediculosis, acariasis and other infestations;
11) glanders and meliodosis;
12) anthrax;
13) tuberculosis;
14) cholera;
15) plague.
7) persons with no fixed abode;
8) persons having outstanding or previous convictions, subject to criminal prosecution at present or in the past (except the persons in relation to which criminal prosecution was dismissed on exonerate grounds) for crimes against life and health, freedom, honour and dignity of human (except for unlawful hospitalization, defamation and insult), sexual integrity and sexual freedom of a person, against a family and minors, health of the population and public morality as well as against public safety;
9) persons with unexpundged or outstanding conviction for felony or gravest crimes;
10) persons who failed to undergo training of persons willing to foster a child without parental care.
Foreign citizens willing to adopt a child without parental care and being a Russian citizen (hereinafter – potential adoptive parents) may present the documents in relation to such training in the territory of the state of their permanent residence, having regard to the subject areas and to the extent at least as stipulated by the requirements to the contents of the program for training of persons willing to foster a child without parental care, as approved by the Ministry of Education and Science of the Russian Federation.
Potential adoptive parents failing to undergo training in the territory of a foreign state of their permanent residence may undergo the specified training in the territory of the Russian Federation.
Requirement in relation to compulsory training of persons willing to foster a child without parental care do not apply to the following categories of potential adoptive parents:
the child's stepfather (stepmother);
the child's immediate relatives;
persons who are or were adoptive parents and in relation to which the adoption was cancelled;
persons who are or were tutors (guardians) of children and who were discharged from duties vested in them.
When making decision on adoption of a child a court may also derogate from the specified requirement and in relation to other citizens taking into account the interests of the adoptee and circumstances worthy of attention;
11) persons who joined the union between same-gender persons recognized as marriage and registered in accordance with the law of the state in which the marriage is permitted, and persons being citizens of the specified state and single.
Pursuant to part 1, article 4 of the Federal law dated December 28, 2012 No. 272-FZ “On Measures of Influence upon Persons Involved in Abuse of Fundamental Human Rights and Freedoms, Rights and Freedoms of Russian Citizens”, adoption of children being Russian citizens by citizens of the United States of America is prohibited.
3. The procedure of application of foreign citizens for the purpose of obtainment of information about children
Potential adoptive parents may apply for information about children who may be adopted:
to the executive bodies of any subject of the Russian Federation vested with the functions of regional operator of a State Database of Children without Parental Care (hereinafter – the State Children's Database), at own option;
to the federal executive body vested with the functions of federal operator of the State Children's Database (the Ministry of Education and Science of the Russian Federation).
Application of potential adoptive parents for the purpose of obtainment of information about children to organizations for orphans and children without parental care (children's homes, orphanages, etc.) is not permitted.
When applying to appropriate operator of the State Children's Database a potential adoptive parent submits identification document and the documents recognized as such by the Russian Federation, and presents the following documents:
a) statement of the wish to foster a child and with a request for familiarization with information about children meeting his/her wishes, as available in the State Children's Database;
b) application form of a citizen willing to foster a child with completed first section;
c) obligation to register an adoptee with appropriate consular office of the Russian Federation (hereinafter – consular registration);
d) obligation to make an opportunity to examine living and upbringing conditions of the adoptee;
e) opinion of a competent public authority of the state of his/her nationality of his/her living conditions and ability to be an adoptive parent. The opinion must be accompanied by photo materials about his/her family;
f) obligation of a competent public authority of the state of residence of the potential adoptive parent to supervise the living and upbringing conditions of the child in the adoptive parent's family;
g) obligation of a competent public authority of the state of residence of a potential adoptive parent to supervise the child's consular registration;
h) copy of a license (or other document) issued by a foreign organization confirming authorities of a competent authority commissioned with preparation of the documents specified in sub-paragraphs “e” - “h”.
Potential adoptive parent permanently residing in the territory of the state, nationality of which he/she doesn't hold, presents the documents specified in paragraphs “e” - “i”, issued by a competent authority of the state of his/her permanent residence.
The documents specified in paragraphs “a” - “d” are taken for consideration within a year of the date of preparation, and those specified in paragraphs “e” - “h” - within a year of the date of their issue.
To the extent that the law of a foreign state provides for other duration of the documents as specified in paragraphs “e” - “h”, such documents may be considered within the time period determined by the law of appropriate state.
In case of departure, at the time of execution of a child's adoption, to another state for more than a year (for work or for other reasons), except the documents specified in paragraphs “a” - “d”, a potential adoptive parent must present:
a) the opinion of the ability to be an adoptive parent and obligation to supervise living and upbringing conditions of the adoptee and its consular registration on return to the state of permanent residence issued by competent authorities of such state;
b) the opinion of living conditions and obligation to supervise living and upbringing conditions of the adoptee and its consular registration on arrival to the state of its residence at the time of execution of the adoption issued by competent authorities of such state.
Any presented documents must be legalized in a prescribed manner, translated into Russian; a translator's signature must be certified in a consular office or a diplomatic mission of the Representative office in the state of residence of the foreign citizen, or by a notary in the territory of the Russian Federation.
Potential adoptive parents being the child's relatives may apply for solution of issue related to adoption of the child directly to the guardianship authorities at the child's location.
4. Representation of interests of adoptive parents being foreign citizens in the territory of the Russian Federation by other persons or entities
In the territory of the Russian Federation agency in relation to adoption of children, i.e. any activities by other persons for the purposes of selection and fostering of children on behalf and in the interests of persons willing to adopt children is prohibited, including collection, transfer, publication in mass media, public data and communications networks (including on the Internet) and other distribution of information about a child, photographing and video filming of children and additional medical examination of the adoptee.
Activities of guardianship authorities and executive bodies connected with performance of their obligations to find and arrange children without parental care, and the activities of adoption authorities and organizations specifically authorized by foreign states (hereinafter – adoption organizations) undertaken in the territory of the Russian Federation pursuant to international treaty of the Russian Federation or on the basis of reciprocity principle are not regarded as adoption agency. Adoption organizations are prohibited to pursue commercial objectives in their activities.
Compulsory personal presence of persons willing to adopt a child in the course of adoption does not deprive them of the right to have their representative at the same time, with the rights and obligations being determined by Russian civil and civil procedure laws, as well as to use translator's services, as appropriate.
Representation of interests of foreign citizens for the purposes of selection and fostering of children, and other non-profit activities in relation to protection of their rights in the territory of the Russian Federation may be carried out by adoption organizations through their representative offices established in a prescribed manner in the Russian Federation.
Representative offices of adoption organizations may:
a) submit documents of potential adoptive parents to the operator of the State Children's Database for selection of the adoptee, and to a court for adoption;
b) on the basis of application of potential adoptive parents receive derivative information about a child. Transfer of derivative information about a child received for the purpose of presentation to a particular foreign citizen, as well as its other utilization is prohibited;
c) execute invitations and render visa support to prospective adoptive parents;
d) arrange reception and accommodation of prospective adoptive parents; render necessary assistance in execution of adoption;
e) participate in legal proceedings when trying adoption cases, receive court decisions in relation to adoption, and render assistance to adoptive parents in execution of a child's birth certificate and his/her passport for exit outside the Russian Federation;
f) undertake other activities in the Russian Federation related to representation of interests of potential adoptive parents and adoptive parents, not prohibited by Russian laws.
Confidential information about a child as well as referral for visitation of a child in an organization for orphans and children without parental care is provided by the operator of the State Children's Database exclusively to potential adoptive parents.
Potential adoptive parents are also liable to personally:
meet the child and make contact with the same;
familiarize with the documents of the adoptee;
confirm in writing the fact of familiarization with medical opinion of the child’s state of health.
5. The procedure of making decision on adoption of a child by foreign citizens
Decision on adoption of a child by foreign citizens is made accordingly by the supreme court of a republic, territorial court, regional court, federal city court, autonomous region court, autonomous district court at the place of residence (location) of the adoptee by application of a potential adoptive parent.
Application for adoption must specify:
full name of adoptive parents (parent), their place of residence;
full name and date of birth of the adoptee, his/her place of residence or location, information about the adoptee's parents, availability of brothers and sisters of such adoptee;
circumstances substantiating the request of the adoptive parents (parent) for adoption of the child, and the documents confirming such circumstances;
request for changing full name and place of birth of the adoptee, and his/her date of birth (when adopting a baby under the age of one year), for recording of the adoptive parents (parent) as parents (parent) in the birth statement.
Application for adoption must be accompanied with:
1) copy of the birth certificate of the adoptive parent, when the child is adopted by a single person;
2) copy of the marriage certificate of the adoptive parents (parent), when the child is adopted by a married persons (person);
3) in case of adoption of a child by one of the spouses, consent of the other spouse or a document confirming termination of marital relations and separation of the spouses for more than a year, In case of impossibility to attach appropriate document to the application, the application must specify evidence of such facts;
4) medical opinion of state of health of the adoptive parents (parent);
5) employment reference with specification of the position and salary or copy of income statement or other document confirming income;
6) document confirming the right to use residential premises or the ownership of residential premises;
7) document certifying registration of the citizen as a potential adoptive parent;
8) opinion of a competent public authority of the state, nationality of which the adoptive parents hold (state of their permanent residence), of the living conditions and ability to be adoptive parents;
9) entry permit issued by competent authority of appropriate state for the adoptee and permit for residence in the territory of such state.
As appropriate, a court may request other documents, including duly legalized documents certifying the contents of rules of foreign family law, to which the potential adoptive parents refer in substantiation of their requests or objections.
If married potential adoptive parents are citizens of the state permitting same-sex marriage, or permanently reside in such state, the court ascertains whether the law of such state permits rearrangement of the adoptee in his/her interests in another family, and whether there is an effective international treaty for cooperation in the sphere of adoption between the Russian Federation and such state, stipulating that decision on rearrangement of the child in another family, including on his/her adoption by other persons, may not be made without the consent of a competent authority of the Russian Federation.
If foreign law permits rearrangement of adoptee, and the above-mentioned treaty is unavailable, a court refuses the application for adoption.
Any documents are presented to a court in duplicate. The documents must be duly legalized. Upon legalization they must be translated into Russian and the translation must be certified by a notary.
Court decision on adoption becomes effective upon expiration of the period of appeal, unless appealed. The specified period is 10 days.
Rights and obligations of adoptive parents and adoptee accrue from the effective date of the court decision. Adoptive parents must pick up the child at his/her place of residence (location) upon presentation of passport or other identification document of the adoptive parent, or a court decision.
6. Costs connected with adoption of children being Russian citizens
The procedure of adoption of children in the Russian Federation, regardless of nationality of adoptive parents, is free of charge.
Acceptance of remuneration by public or municipal officers in connection with performance of their official duties (gifts, money award, loans, services, and payment for entertainment, recreation, transportation costs and other remuneration) is prohibited. Acceptance of bribe by an official, directly or indirectly, as well as giving bribery entails criminal liability.
The cost of services of foreign adoption organizations is fixed by the law of appropriate foreign state. Activities of the specified organizations and the services provided by the same must not facilitate receipt of unreasonable commercial benefit.
7. Supervision of living and upbringing conditions of children in families of adoptive parents
7.1. Consular registration of children
Adoptive parents, within three months of the date of entry of adoptee to the state of their place of residence, must register the child with a consular office of the Russian Federation located within the consular district in the territory of such state, or in the absence of such office, in diplomatic mission of the Russian Federation.
For consular registration of a child adoptive parents must provide a consular office of the Russian Federation with the following documents:
1) application for registration of the adoptee accompanied by 2 photos of the child;
2) adoption certificate;
3) identification documents of the adoptive parents and the child;
At the option of adoptive parents consular registration of adoptee may be carried out before departure from Russia through the Consular Department of the Ministry of Foreign Affairs of the Russian Federation.
Supervision of consular registration of a child is carried out by an adoption agency, representing the interests of potential adoptive parents in the territory of the Russia, or a competent authority of a foreign state, which undertook to carry out such supervision.
The specified agency or authority, within 1 month of the date of consular registration of a child, provide an executive body of a subject of the Russian Federation with a consular registration certificate or a copy of the child's passport with a mark on his/her consular registration.
In case of change of the adoptee's place of residence, the adoptive parents must accordingly inform a consular office with which the child is registered, and register the child with a consular office at their new place of residence.
7.2. Reports on living and upbringing conditions of children in families of adoptive parents
A competent authority or agency of a foreign state, on the territory of which an adoptee lives, which undertook appropriate obligation, prepare reports on living and upbringing conditions of a child in the family of adoptive parents and present the specified reports to executive bodies of subjects of the Russian Federation.
The reports must include information amount a child's state of health, his/her education, emotional and behavioural development, self-service skills, appearance and relations in the family (form of the report find attached). The reports are accompanied by photos of the family and the child at the time of preparation of the reports.
First examination of living and upbringing conditions of the child is carried out upon expiration of 2 months of the date of effective date of a court decision on adoption; the report is presented at the end of the 4th month of the effective date of the court's adoption decision at the latest.
Second examination of living and upbringing conditions of the child is carried out upon expiration of 5 months of the date of effective date of a court decision on adoption; the report is presented at the end of the 7th month of the effective date of the court's adoption decision at the latest.
Third examination of living and upbringing conditions of the child is carried out upon expiration of 11 months of the date of effective date of a court decision on adoption; the report is presented at the end of the 13th month of the effective date of the court's adoption decision at the latest.
Forth examination of living and upbringing conditions of the child is carried out upon expiration of 23 months of the date of effective date of a court decision on adoption; the report is presented at the end of the 25th month of the effective date of the court's adoption decision at the latest.
Fifth examination of living and upbringing conditions of the child is carried out upon expiration of 35 months of the date of effective date of a court decision on adoption; the report is presented at the end of the 37th month of the effective date of the court's adoption decision at the latest.
Upon expiration of 3 years of the effective date of the court's adoption decision and till the child's majority, living and upbringing conditions of the child are examined upon expiration of 23 months of the date of preparation of the previous report. The report is presented at the end of the 25th months of the date of preparation of the previous report.
The reports are presented in a state (official) language of appropriate foreign state.
The reports presented must be duly legalized, unless otherwise stipulated by the law of the Russian Federation or international treaties of the Russian Federation, and translated into Russian. Translation or translator's signature must be certified by a consular office or a diplomatic mission of the Russian Federation in the state of residence of adoptive parents or a notary in the territory of the Russian Federation.
Additional information and explanations in relation to adoption of children being Russian citizens by foreign citizens may be obtained at:
the Department of State Policy in the Sphere of Protection of the Rights of the Child of the Ministry of Education and Science of the Russian Federation:
support department of the Federal Database of Children without Parental Care, telephones (495) 629-60-30, (495) 629-08-84 – concerning presentation of documents by potential adoptive parents and selection of children in the State Children's Database;
department for regulation in the sphere of protection of the rights of the child, telephone (499) 237-94-11 – concerning organization of activity of representative offices of foreign adoption entities in the territory of the Russian Federation
Report on living and upbringing conditions of children in the family of the adoptive parents
[1] At present similar international treaty, i.e. Treaty between the Russian Federation and the Italian Republic for cooperation in the sphere of adoption, exists.