Abandonment of an adopted child after divorce

Have you made plans together and decided to shelter an orphan or adopt your second spouse’s baby? But it happens that fate takes an unexpected turn, and you have to dissolve a failed marriage.

Many here want to know whether it is possible to abandon an adopted child after a divorce or not? The most important thing is not to get excited, since there are always legal ways out of a difficult situation.

How to cancel an adoption upon divorce?

The case is settled only when the corresponding extract is sent to the registry office at the place where the registration took place, but this event must be completed no later than 3 days from the entry into force of the court decision.

The state fee is charged to the person requesting the annulment of parental rights.

Problems of cancellation of adoption are regulated by Articles 140, 141, 142, 143, 144, which cannot be avoided in such matters:

• process features;
• grounds allowing the cancellation of adoption;
• persons applying for consideration of the issue;
• consequences of the procedure;
• explanation for lack of cancellation option.

The justification for renouncing parental rights is the following:

1. neglect of parental responsibilities;
2. abuse of acquired rights;
3. cruelty to adopted children;
4. negative impact on the development of the adopted child;
5. use of false documents;
6. lack of advance information regarding the baby’s health;
7. violation of the interests of the child;
8. the adoptee's opinion.

Where can I apply for a waiver of adoption during a divorce?

Do you want to know where to go about waiving adoption in a divorce? The path to a fateful decision begins with an application to the court.

Regardless of their citizenship of the Russian Federation, interested parties can act through the following authorities:

• city ​​court (federal);
• Supreme Court of the Republic;
• Autonomous District Court;
• regional or regional court;
• Autonomous Region Court;
• court at the place of residence.

The legality of the procedure is monitored by the prosecutor's office, guardianship and trusteeship bodies, which are required to perform the following tasks:

• confirmation (refute) of the reliability of the presented facts;
• survey of the parties involved in the process;
• checking the living conditions and activities of children.

Contents of the statement of claim

When filing an application with the court, you must provide the following information:

• about parents (both);
• evidence base explaining the essence of the requirements presented;
• list of documents (originals and copies) submitted to the court.

The application reflects the requirement for non-disclosure of the secrecy of adoption. Just remember that you should act with maximum prudence and respect for the freedoms and rights of the younger generation.

Package of necessary documents

The basis for the trial is the following materials:

• documentary evidence of all the facts stated in the claim;
• certificate of marriage or divorce;
• duty payment receipts;
• characteristics of the parents;
• baby's birth certificate.

Reasonable justification for refusing paternity are the following:

• honey. a certificate certifying the inability to have children;
• evidence regarding the absence of the father at the time of conception;
• confirmation of the wife’s relationship with another man;
• conclusion of DNA testing.

Features of the procedure

According to the rules of claim proceedings, the specifics of the procedure require attention to a number of circumstances.

A claim for annulment of adoption may be filed by:

• parents;
• adoptive parent;
• adopted child (after 14 years of age);
• guardianship and trusteeship authorities;
• prosecutor's office

The following persons have the right to dispute paternity:

• the person entered in the corresponding column of the birth certificate;
• physiological parent;
• relative over 18 years of age;
• guardian of the adopted child;
• guardian of an incapacitated parent.

Refusal to annul paternity:

• if there is confirmation of prior knowledge regarding the use of foreign biological material for conception;
• with documented consent to adoption.

The following may be recognized as the child's father:

• a man living with his mother at the time of his birth;
• ex-husband (no longer than 10 months after separation).

Legal consequences of cancellation of adoption

Satisfying the corresponding requirement through a court decision entails legal consequences of canceling the adoption in the form of the following circumstances:

1. cancellation of rights and obligations for both parties;
2. reviewing the issue of using the surname, name and patronymic received by the child;
3. resolving the issue of restoring information changed due to adoption (about place and date of birth, biological parents).

Once a verdict is issued to cancel the adoption, the future fate of the child is decided in court.

According to current legislation, children are handed over to parents or relatives who have given their consent. Otherwise, the guardianship and trusteeship authorities will take care of the child’s placement.

A negligent attitude towards the findings and conclusions presented by the prosecutor’s office, guardianship and trusteeship authorities often leads to the following consequences:

• repeal of adopted resolutions;
• additional review of the case.

In addition, even after the adoption is canceled, the child can claim the right to retain the housing where he was settled by his adoptive parents.

The child may retain the right of residence in cases where the adoption is canceled for the following reasons:

• inconsistency of adoption with the interests of the child;
• violation of the goals and content of an event such as adoption.

The decision to cancel adoption may be influenced by the opinion of a child over 9 years of age.

Features of the division of property after divorce in the presence of an adopted child

According to the law, the specifics of the division of property after a divorce in the presence of an adopted child are practically no different from similar requirements involving natural children.

The court has the right to demand that ex-parents fulfill their obligations to support the minor even after the adoption is cancelled.

Since the interests of the adopted child always come first, it will be mandatory to preserve the following rights:

If it is not possible to reach an agreement, a trial is scheduled on the following issues:

1. division of property (acquired jointly during marriage);
2. exercising the right to maintenance on the part of the second spouse and determining its amount;
3. distribution of shares in the division of property with an emphasis on the interests of children.

Contributions in the name of children from common property are not taken into account during division, since they are already considered their property.

In case of refusal of adoption, you should follow only legal methods. The Civil Code of the Russian Federation contains clarifications regarding different options for the development of events. But adults should always remember that the life and mental state of children are much more important than mutual grievances and the desire to punish a spouse during a divorce.

Abandonment of an adopted child

Children who, due to a combination of circumstances, are left without parental care can be adopted by other people.

Adoption can be formalized either by one parent, for example, when a single mother gets married and her husband wants to officially recognize paternity of someone else’s child, or by a married couple who takes a minor from their orphanage. In both cases, this procedure is not just a mark in the passport, but much more.

The honorary title of mom and dad is not only the rights that adults receive in relation to the adopted child, but above all, responsibilities.

Of course, not everything in life does not always go smoothly and smoothly, therefore, when taking responsibility for someone else’s baby, you need to think more than once. It is not for nothing that the adoption procedure itself is quite complex and confusing; it allows you to give a reprieve for adults who have decided to become adoptive parents. In addition, the guardianship authorities have the opportunity to understand whether the declared adult can become a responsible parent.

But life is complex and unpredictable, and it may happen that the obligations taken have become an unbearable burden. Is it possible to abandon an adopted child? How to carry out this procedure, and what consequences await refusing adoptive parents?

Grounds for cancellation of adoption

Abandoning an adopted child is a procedure no less complicated than the adoption itself. This needs to be understood in advance, before taking the child. Even without touching on the purely psychological problem that the parties will have to endure when canceling guardianship, refuseniks will have to face considerable legal difficulties of this process.

Cancellation of adoption falls into two main categories:

1. At the request of the parents themselves.
2. At the insistence of other interested parties.

Regarding the first category, let’s say right away that it is almost impossible to relinquish parental responsibilities unless there are very compelling reasons.

At the same time, the bad behavior of children, their frequent illnesses, poor social adaptation are not the points to which one can appeal in case of refusal.

But the impossibility of raising oneself alone due to divorce or when a serious illness is discovered in a parent can be considered, but is not always satisfied.

1. The father or mother leads an immoral lifestyle, is a drug addict, alcoholic, or has other unhealthy addictions.
2. Child abuse was detected.
3. Parental obligations to provide the child with everything necessary and raise him are not fulfilled.
4. Parents are declared incompetent and therefore cannot take care of minors.

It is often practiced to abandon a child in favor of another adult who wants to adopt him.

Who can demand cancellation of adoption?

To begin the process of canceling a previously established adoption, its initiator is required, that is, the person who will actually file claims of the described nature. According to the legislative acts of the Russian Federation, not every person can become such an initiator.

The list of people who can make such an application includes:

1. Baby's mother. As, for example, in the case of deprivation of the rights of a man to whom she was previously married and who, after a divorce, does not want to fulfill his fatherly duty.
2. The father of the child if the mother behaves inappropriately.
3. Representatives of the guardianship council, when any caring person contacts them and confirms the information provided.
4. The prosecutor, also if there is an application addressed to him from neighbors or relatives. A lawsuit is filed only if there is a collected evidence base.
5. A minor who has reached the age of 14 years.

In any outcome of events, the submitter of the claim must have strong justification for the demands expressed on paper. He is obliged to first collect documents that will present the evidence base. Usually, when resolving this issue, the applicant enlists the support of representatives of the guardianship authorities. Together, preparations are being made for the future trial.

Judicial procedure for cancellation of adoption

If parents abandon a previously adopted child, they can do this only through the courts.

Regardless of who exactly is the filer of the claim, the procedure for carrying out the cancellation is always the same.

We offer step-by-step instructions on how to abandon an adopted child:

1. Collect documentary evidence that what is being claimed in the claim occurs. We’ll talk about the completeness of the documents separately.
2. Write a petition addressed to the judge, which will outline not only the grounds for deprivation of the parent’s rights, but also provide other important arguments.
3. Submit papers to the court. If the applicant is not among the persons who have the right to do so, he should first contact the guardianship council or the prosecutor.
4. Participate in court hearings.
5. Wait for the decision to be made and help the relevant authorities put it into effect.

Not everything is as simple as it may seem; in order to fully consider the issues, various witnesses may be involved and documents may be requested, and the process itself can take months.

Which court should I go to?

Jurisdiction for this type of case lies with district or city courts. The petition must be submitted at the place of residence of the defendant. If the address of the responding party is unknown, then it is possible to file a claim at the place of residence or registration of the applicant.

The applicant must have maximum information about the defendant; this allows the process to be expedited and carried out correctly. Do not forget that the judge can ask the opinion of even the most minor what he thinks about everything that is being declared. True, this can only be done if the child is over 10 years old.

Another important point is the fact that you can only give up an adopted child if you are a minor. If he is already over 18 years old, then it is impossible to make such demands.

What documents should I prepare?

The documentary base is presented in full. Without it, the claim will not be accepted for registration and consideration. The list of required papers includes:

1. Passport data, usually these are photocopies of the passport, the applicant and the defendant.
2. Previously registered adoption form.
3. Birth certificate of the baby.
4. A certificate from the housing office about the minor’s current place of residence.
5. Certificate of inspection of the premises.
6. Medical reports and certificates.
7. Income certificates.

The completeness of the papers directly depends on the conditions that became the basis for the cancellation of parental rights.

Legal consequences of cancellation of adoption

When achieving the goal and canceling the previously issued guardianship of a minor, the parent deprived of rights is obliged to understand what consequences such a procedure entails.

The primary issue that is decided is the future fate of the baby. An adult deprived of parental rights will no longer be able to live with him under the same roof.

He will either be returned to his biological parents, if they exist and have the opportunity to restore their rights, or will be placed in a special closed institution.

The issue with personal data that was changed during adoption will also be resolved. The surname and patronymic may be left unchanged, or they may be returned to their former values.

A child over 10 years old can express his wishes in this regard.

If the minor is not immediately adopted, then the deprived parents will be required to pay him alimony until he becomes an adult or is placed in another family.

Is it possible to refuse to adopt a step-child - Marriage and divorce How to refuse an adopted child

Adopting a baby into a family is a responsible step, and it should be carefully considered so that you do not later have to decide how to abandon the adopted child. This is not the easiest procedure.

Most often, fathers abandon an adopted child in the event of a divorce from their spouse. It doesn’t matter whether it was the child’s biological mother or whether he was simply taken from an orphanage and adopted from a previous marriage. The procedure for canceling adoption in this case will be the same. It takes place exclusively in court.

Can a person abandon an adopted child?

As a rule, the cancellation of adoption is initiated not by the adoptive father, but by completely different persons. In this list:

• the child himself upon reaching 14 years of age;
• representative of the prosecutor's office;
• employee of the guardianship and trusteeship authorities;
• second adoptive parent (most often ex-wife);
• biological father or mother of the adopted child.

Anyone from this list can file a claim in court, supplementing it with relevant documents and receive satisfaction on all points of the claim. But it is worth remembering that, first of all, the court acts in the interests of the child. The procedure is regulated by Article 140 of the Family Code of Russia.

The man himself, who is going to cancel the fact of adoption, can do this only in two cases. Firstly, if he and his adopted son or daughter have completely lost mutual understanding. If the child does not consider him an authority, is insolent, aggressive towards the adoptive father, in a word, the normal process of upbringing will no longer be possible to restore.

And, secondly, if a stepson or stepdaughter is diagnosed with a genetic or mental illness, about which the adoptive parent was not informed before signing the documents. The chances increase if the very nature of the disease prevents one from raising a full-fledged member of society (an example would be mental retardation of any degree in a minor).

On what grounds can an adoption be cancelled?

Initiation of cancellation of adoption by third parties occurs for the same reasons as deprivation of parental rights. These procedures are almost identical. The reasons may be as follows:

1. Child abuse, sexual harassment, regardless of age (before reaching adulthood) and gender. Humiliation of the individual, both moral and physical.
2. Inadequate fulfillment of parental responsibilities, lack of seasonal clothing and shoes, monitoring of academic performance and school attendance, proper nutrition, as well as appropriate treatment if the child is sick.
3. Chronic alcoholism, drug addiction, substance abuse of the adoptive parent. But the diagnosis must be officially confirmed by a narcologist, and the patient must undergo treatment repeatedly in the appropriate institution. Another reason may be the confirmed incapacity of the adoptive parent.

If compassionate neighbors, relatives, or acquaintances see the situations described above and want to help the baby, they can contact the guardianship and trusteeship authorities, and their representative, in turn, initiate the procedure for canceling the adoption.

The child himself can ask for help. He can do this by coming to an appointment with a juvenile affairs inspector or an employee of the guardianship and trusteeship authorities.

The child can contact the latter directly during the check visit, which are mandatory to monitor the standard of living of the adopted child. Representatives of the service are required to draw up a report and record complaints.

The child must be over 10 years old.

Procedure for canceling adoption

Abandonment of an adopted child by a father is carried out exclusively in court. However, in any other case the process is exactly the same. The plaintiff submits a corresponding application to the court at the place of actual residence of the child. The document must indicate the reasons why the adoption should be declared invalid; in fact, a requirement for such a step and references to articles of legislation according to which this should happen.

Documents must be attached to the application (their list should be indicated at the very end). The court will accept the claim for consideration or refuse to accept it, indicating the reasons.

During the review process, the judge may request additional documents, order examinations and studies, listen to testimony, including from the child himself, as a citizen of Russia, provided that he is over 10 years old.

Based on the information collected, the judge will make a decision, and as soon as it comes into force (if the issue is resolved positively), he will send an extract from the decision to the Civil Registry Office within three days. In accordance with it, the Civil Registry Office will make the necessary changes and issue the child a new birth certificate. At this point, the process of abandoning an adopted child can be considered complete.

Documents required to submit an application to the court

The statement of claim, or rather the facts set out in it, must be confirmed using the following list of documents:

• the plaintiff’s passport, if he is one of the adoptive parents;
• adoption certificate;
• child's birth certificate;
• evidence that confirms that the child behaves negatively towards the adoptive parent, which was the reason for filing the claim. This could be witness testimony, medical reports that recorded beatings of varying degrees of severity, police reports;
• a medical report that confirms that the child has a genetic or mental diagnosis that prevents him from raising someone else’s child into a full-fledged member of society. In the latter case, it will be necessary to prove that the plaintiff was not aware of the diagnosis at the time of adoption;
• a medical report on the diagnosis of the adoptive parent, regarding whom the adoption cancellation procedure is being carried out, if it was initiated by the guardianship and trusteeship authority, the prosecutor's office, the second adoptive parent, biological parents or the child himself. This could be chronic alcoholism, drug addiction, substance abuse or mental illness. The doctor should mention that the patient is incurable;
• other documents that the court will require at the beginning of the consideration of the case.

The statement of claim itself can be drawn up in any form, but the applicant must adhere to the sample, which he can always find in the court office.

Subtleties and special conditions for invalidating an adoption

Refusal to adopt a stepchild is possible only until the age of 18, that is, until the child reaches adulthood. After this date, it will be impossible to break the relationship between the adoptive parent and the adopted child.

The responsibilities of an adoptive parent are absolutely similar to those of biological parents. Refusal to adopt only removes the rights of the adoptive father, but not the obligations.

He will also be obliged to pay alimony, if necessary, the adopted child becomes a first-priority heir on a par with adopted, but not abandoned or natural children, he has the right to receive a share of housing and participate in the privatization process until he reaches adulthood.

Only a counterclaim from a former spouse and the adoption of a child by another person can exempt you from the mandatory payment of alimony.

If the former adoptive parent is not the initiator of invalidation of the adoption, the court may not oblige him to make alimony payments.

If a child is taken away by the guardianship and trusteeship authorities, the former adoptive parents still pay alimony for his maintenance until he reaches the age of majority or until he is adopted by another family.

The opinion of a stepchild who is already 10 years old, but before reaching adulthood, is mandatory for consideration at the trial. During the conversation with him, representatives of the prosecutor's office and bodies for the protection of the rights of minors, a teacher or child psychologist, as well as the second adoptive parent (provided that he remains an adoptive parent) must be present.

Alternatively, representatives of the guardianship and trusteeship authorities can talk to him at his home, in a familiar environment, so as not to traumatize the child’s psyche. At the end of the conversation, a special report and conclusion of the social service worker who conducted the survey are drawn up. These documents will appear in court as the opinion of the minor orphan.

As a rule, experienced lawyers always insist on a thorough study of the adoption procedure once carried out. Was consent given by the child himself earlier and did it meet all legal requirements regarding age, intellectual and physical development?

Whether there was mutual consent of the biological parents, provided that it was required at all. Whether the adoptive parent was truly aware of his actions and intended to assume the responsibilities of a parent. Wasn't the very fact of adoption fictitious?

Are there any false documents or forged signatures in the adoption case? Have all permissions been obtained to complete this step? All this will greatly facilitate the search for an answer to the question of whether it is possible to reliably abandon an adopted child.

If the cancellation of the adoption is contrary to the interests of the child or the ex-wife is categorically against invalidating the process, the claim will most likely be denied.

Consequences of invalidation of adoption for both parties

If the court satisfied the plaintiff’s demands and declared the adoption invalid, the following consequences occur:

1. Family ties with all their rights (on the part of the adoptive parent) and obligations (on the part of the adopted child) cease from the moment the court decision enters into legal force.
2. The child will be returned to the biological parents, and if this is impossible (they are deprived of parental rights) or is contrary to the interests of the minor, to the guardianship authorities to further decide his fate. If the claim was filed by the ex-wife (husband), that is, the second adoptive parent, the child remains with him.
3. The child’s personal data (last name/first name/patronymic) will be changed at his request (if he has reached 10 years of age).
4. If the initiator of the invalidation of the adoption was the person who is withdrawing from participation in the child’s life, he will be forced to pay alimony for the maintenance of the minor. The calculation procedure is exactly the same as when claiming payments for natural children.
5. When trying to adopt or re-adopt someone, the initiator of the termination of adoption will not be able to do this. He will be on the “black list” of adoptive parents. If the initiative was not on the part of the person who was deprived of the right to be called a foster parent, he can try to become one again, but not earlier than 6 months after the end of the process.
6. The former adoptive father or mother will be required to pay child support until the child reaches 18 years of age, or 23 years of age, provided that he or she is studying at a stationary department of a higher educational institution. But the adopted child himself will be released from the obligation to in any way support disabled former adoptive parents.

Thus, the most common goal of men (less often than women), the opportunity not to pay alimony, by declaring the adoption invalid, becomes practically unattainable. Only the rights are removed; the obligations of paternity towards the minor remain.

The amount of alimony payments can be reduced only if the former adoptive father or mother remarries and has other children.

Why is it better to hire an experienced lawyer to handle the process?

Judicial practice proves that any hearing that involves children, especially adopted children, is extremely difficult. An amateur who does not know the latest changes in legislation risks losing the process.

Moreover, he may simply not see a simpler solution to the problem, while an experienced lawyer is in full control of the situation. But you should look for a professional who specializes in family matters. In this case, a narrow specialist is preferable to a generalist lawyer.

He will correctly assess the situation, warn about possible risks, and will also be able to act as a representative at court hearings, saving time and nerves.

How to give up an adopted child and not pay child support

Parents are required to fully provide for their children. Upon adoption, a person acquires parental rights and responsibilities.

Accordingly, at the request of the child’s mother, alimony may be collected from the guardian. If the guardian does not want to fulfill the obligation, he can try to refuse the adoption.

Therefore, many are interested in the question of how to abandon an adopted child and not pay child support.

Is this allowed by law

It often happens that a person gets married and, at the request of his wife, takes custody of her children. And after the divorce, the ex-wife files for alimony. When such a situation arises, almost every person asks the question whether it is possible to cancel the decision made. The answer to this question is indicated in Article 140 of the Family Code and in Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 20, 2006 No. 8.

Refusal of adoption

The refusal procedure is quite complex and problematic. Since these actions affect the interests of a minor, and their rights are under special protection of the state.

In order for the competent authority to cancel a previously committed action, one of the following persons must submit an application. It could be:

• adoptive parent;
• other side;
• employee of the authorized body: guardianship and trusteeship authorities, prosecutor. Typically, these persons conduct an inspection after a request from the minor’s neighbors and teachers, and if they confirm a violation of the rights of minors, they file an application with the court;
• a ward who has reached the age of 14.

It is quite difficult to give up parental responsibilities on your own, and in practice only 15% of guardians succeed in this. The adoptive parents' request will be granted only if there are serious reasons for such a need (for example, serious illness, loss of ability to work). Most often, adoption is canceled forcibly if:

1. The caregiver leads an immoral lifestyle or is addicted to narcotic and psychotropic substances.
2. The trustee violates the rights of the ward and puts psychological and physical pressure on him.
3. The parent avoids paying support funds.

In these situations, the guardianship will be revoked; in other situations, the judge rarely cancels the adoption. To achieve the desired result, a citizen should try to negotiate with the other party with whom they were previously married. It is necessary for her to deprive him of parental rights. This will make it much easier to achieve the desired result.

Judicial procedure for cancellation of adoption

A person who wants to abandon his ward will need to go to court; this is the only way to make everything official.

To initiate a lawsuit, you must file a statement of claim. The claim is filed in accordance with the requirements of Article 131 of the Code of Civil Procedure of the Russian Federation. The application must describe in detail and clearly the reason for making such a decision. Along with the claim, you will need to submit the documents to which the plaintiff made references in the civil claim.

When resolving such issues, the participation of a guardian in the process is mandatory; the plaintiff has the right to act through a representative, but the judges will definitely require their personal presence. A civil case can drag on for several months; you need to be prepared for this.

Therefore, to resolve this type of dispute, a citizen should contact a legal professional. Since the case is very complex, and it is almost impossible to win it on your own, in addition, only a representative will take part in some processes.

Legal consequences

If the court grants the applicant's request, the trustee will be released from paying alimony. If a bailiff collects funds for maintenance, he will need to be presented with a judicial act in order for him to terminate the enforcement proceedings.

When making such a serious decision regarding a minor, a person should carefully weigh and consider everything. Since the adoption procedure is quite complex and has an impact on the person under guardianship. Fatherhood also creates obligations.

If a person acted rashly, then he can try to cancel the adoption record. The procedure is carried out in court, the applicant’s demands are extremely rarely satisfied, so it is important to have a serious basis for such an appeal.

If the judge satisfies the requirements, the payer is released from fulfilling alimony obligations.

Abandoning an adopted child after divorce - All about finances

The abandonment of an adopted child is most often formalized by fathers in connection with divorce; mothers decide to take such a step less often. An adopted minor has the same rights as a natural child. After completing the refusal procedure, the parent and adopted child are deprived of the rights and responsibilities that bound them.

Abandonment of an adopted child after divorce

The features of the procedure and the results of judicial cancellation of adoption are briefly disclosed in Articles 140-143 of the RF IC:

• Article 140 describes the nuances of the procedure;
• Article 141 contains grounds for canceling the rights of adoptive parents within the framework of the law;
• in Article 142 you can find a list of persons who have the right to file a statement of claim to cancel the adoption;
• Article 143 reveals the consequences of abandoning a child;
• Article 144 of the RF IC contains a list of situations in which the court will not be able to annul the adoption.

The possibility of canceling adoption due to divorce is not established by law. According to part 2 of Art. 140 of the RF IC, the court can cancel the adoption if the spouse or both spouses no longer want to participate in raising someone else’s child. The Supreme Court of the Russian Federation in Resolution No. 8 of April 20, 2006 indicates that adoption is canceled by the court in other cases, for example:

1. mental or physical disability of the baby;
2. the parent has not become an authority for the adopted child and cannot provide full upbringing;
3. an adopted child who is 10 years or older confirmed in court that he supports the abolition of adoption.

It is quite possible to cancel an adoption through the court. To competently draw up a statement of claim and collect evidence, taking into account the nuances of the case, it is recommended to contact a lawyer.

Procedure for canceling adoption during divorce

Adoptive parents, the child’s natural mother and father (who retained parental rights), a prosecutor, a guardianship officer, and the adopted citizen himself upon reaching 14 years of age have the right to file a claim to cancel the adoption. Filing a claim from the guardianship authorities or a parent is carried out on the basis of the following reasons:

• malicious evasion of parental responsibilities;
• abuse of the rights of adoptive parents;
• abuse, physical and psychological violence;
• chronic alcoholism or drug addiction.

In most cases, one of the adoptive parents will file a claim to annul the adoption against the other adoptive parent. Let's consider the stages of the procedure for registering the cancellation of adoption.

Preparation of a statement of claim	When preparing a claim, the plaintiff relies on Art. 131-132 Civil Procedure Code. To complete the application you will need the following information: name and address of the judicial authority; personal data of the plaintiff and defendant, registration and actual address; information about the prosecutor, guardianship officer; circumstances of the dispute; grounds for deprivation of parental rights; evidence base, documents, links to laws; claim. It is advisable to prepare the application in printed form, certified by signatures.
Collection of documents and evidence base	The circumstances stated in the claim must be supported by documents. The package of papers (Article 132 of the Code of Civil Procedure of the Russian Federation) is compiled individually, but is always attached: child's birth certificate; marriage/divorce certificate; receipt of payment of state duty; court decision on adoption. In addition, medical certificates, characteristics of the pupil, decisions in the presence of violations of law and order, etc. may be required.
Filing a claim in court (Article 133 of the Code of Civil Procedure of the Russian Federation)	It is recommended that you contact a lawyer. If there are errors, the claim will not be accepted in court. A weak claim with illiterate content will lead to the loss of the case. The statement of claim is sent to the district court at the place of registration of the defendant.
Participation in court hearings	At the hearing, the court gives the floor to the plaintiff and defendant, examines documentation and evidence. The court determines whether the reasons specified in the claim constitute a valid basis for the annulment of the adoption. If the adopted child has reached the age of 10, the judge takes into account his opinion. The claim will be considered for no more than 2 months, unless the proceedings are suspended. The deadlines are extended during the examination. The decision comes into force in 1 month.
Obtaining a court decision	After receiving the decision, the mutual rights and obligations of the parent and the adopted child are canceled.

The defendant in court is one of the adoptive parents if the former spouse filed a lawsuit against him to cancel the adoption. For example, a baby was abandoned by his adoptive father during a divorce from his mother, who filed a lawsuit. If both adoptive parents apply to the courts, the adopted child becomes the defendant.

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Results of cancellation of adoption

Annulment of the fact of adoption allows you to free yourself from parental responsibilities. The child returns to the orphanage, to relatives or natural parents (if they retained parental rights).

This is decided by the judge or guardianship authorities. Children deprived of adopted status cannot claim inheritance after the death of their adoptive parents.

From the age of 10, a young person has the right to demand the restoration of changed metric data.

1. receive the inheritance of an adopted citizen in the event of his death;
2. file a claim against the child for old-age alimony.

If necessary, the court may oblige former adoptive parents to pay alimony, which will be paid until the child reaches adulthood or is adopted.

Conclusion

Cases of refusal to adopt are considered within the framework of the Code of Civil Procedure of the Russian Federation. Hearings take place in city or district courts; a prosecutor and a guardianship inspector are required to be invited to the hearings. These cases are classified as complex cases, so it is recommended to invite an experienced lawyer to prepare the claim.

How to give up your ex-wife's adopted child?

Was married. He adopted his wife’s child (a year before the divorce), and his own son was born. Currently I am divorced from my ex-wife. I communicate with my own son and am ready to pay child support and raise him. I pick it up twice a week. I don’t communicate with the adopted child; the relationship has not worked out.

Please tell me how I can withdraw child support for an adopted child? And stop being responsible for an uncontrollable child. Are there any ways? I want to use these funds for the benefit of my own child, or to purchase things and products with this money.

In general, I don’t want to be responsible for an adopted child, because... I am a father only according to documents.

Cases on the cancellation of the adoption of a child are considered by the court in the manner of claim proceedings with the obligatory involvement of the guardianship and trusteeship authority, as well as the prosecutor, in the case.

You are still required to pay alimony for the adopted child; deprivation of parental rights does not entail a release from the obligation to pay alimony in relation to the child, but it frees the child in the future from the obligation to support the disabled parent. Moreover, the child retains the right to inherit the obligatory share in the father’s inheritance until he reaches 18 years of age.

Hello Andrey, in your case you need to file a claim with the court to challenge paternity, cancel the entry in the civil status act, I recommend doing this as quickly as possible since the alimony you paid is not refundable and is not illegal enrichment of the ex-wife. You can write to me in the chat with a detailed description of the problem for further filing of a claim

In cases of evasion of adoptive parents from fulfilling their duties, abuse of rights or cruel treatment of adopted children, the court cannot deprive or limit parental rights, as is done in relation to children related to their parents by family ties.

When considering a case to cancel an adoption, the child’s consent to cancel the adoption is not required (Article 57 of the RF IC).

There may be cases of cancellation of adoption that are not related to the guilty behavior of the parents (Part 2 of Article 141 of the RF IC).

As explained in the Resolution of the Plenum of the Armed Forces of the Russian Federation dated April 20, 2006 N 8 (as amended on December 17, 2013) “On the application of legislation by courts when considering cases of adoption of children,” such circumstances include a lack of mutual understanding, as a result of which the adoptive parent does not enjoys the authority of the child or the child does not feel like a member of the adoptive parent’s family; identification after adoption of mental disability or hereditary abnormalities in the child’s health, which significantly complicate or make impossible the process of upbringing, the presence of which the adoptive parent was not warned at the time of adoption. In these cases, the court has the right to cancel the adoption based on the interests of the child and taking into account the opinion of the child himself, if he has reached the age of ten years (Article 57, paragraph 2 of Article 141 of the RF IC).

The child’s parents, his adoptive parents, the child himself upon reaching the age of fourteen, the guardianship and trusteeship authority, as well as the prosecutor have the right to apply to cancel the adoption of a child.

An application to cancel the adoption of a child is considered by the court in the manner of claim proceedings with the mandatory involvement of the guardianship and trusteeship authority, as well as the prosecutor, in the case.

Cancellation of the adoption of an adult child is unacceptable, except in cases where the cancellation of adoption has the mutual consent of the adoptive parent and the adult adopted child, as well as his parents, if they are alive, have not been deprived of parental rights or have not been declared incompetent by the court (Article 144 of the RF IC).

When canceling an adoption, the court resolves the question of whether the child retains the first name, patronymic and last name assigned to him in connection with the adoption. This issue in relation to a child over 10 years of age is resolved only with his consent.

At the same time, the court must decide the issue of restoring the original information about the place and date of birth of the child, about his parents, if this information was changed at the request of the adoptive parents (Article 46 of the Federal Law “On Civil Status Acts”).

Andrey, if you have any questions, ask, I will be happy to answer. You can also write to me in the chat and order a personal consultation or preparation of a document on your question. All the best!

Hello Andrei!

You have the right to file a lawsuit to cancel the adoption, citing a lack of mutual understanding due to the personal qualities of the adoptive parent and (or) the adopted child, as a result of which the adoptive parent does not enjoy authority with the child or the child does not feel like a member of the adoptive parent’s family. Accordingly, these circumstances are subject to proof by you. Moreover, even a positive court decision will not necessarily entail the termination of alimony obligations, but the opposite is also permissible.

Sincerely! I hope I helped you. If you still have questions, you can write to me in the chat, order an extended consultation or draw up a document on your question. If necessary, please contact me, I am located in Surgut.