Adoption in Belarus is regulated by the Code of the Republic of Belarus on Marriage and the Family (KoBS) and related legislation. Adoption may be carried out in relation to orphans and children left without parental care. The decision on adoption is made exclusively by the court.
Who oversees adoption in Belarus?
Adoption proceedings are administered by the education departments of local executive committees at the place of residence of the prospective adoptive parents, and by the National Centre for Adoption under the Ministry of Education of the Republic of Belarus. The National Centre for Adoption is the supervisory and coordinating body for all adoption matters in the country. It conducts independent inspections of the living conditions of children in foster families, oversees the work of local education departments, and maintains records of all adopted children — a personal file is kept for each child in a secure archive until the child reaches adulthood.
The adoption procedure
Step 1 — Assessment of prospective adoptive parents. The education department collects information about the candidates and conducts an inspection of their living conditions and family environment. The living standards, personal qualities and family traditions of the candidates are assessed. An inspection report is prepared.
Step 2 — Selection and matching. Based on the inspection, children are identified for potential adoption taking into account all circumstances relevant to the child’s welfare and upbringing. A meeting between the child and the prospective adoptive parents is then arranged.
Step 3 — Court decision. The adoption is decided by the court, taking into account the inspection report, the personalities of the adoptive parents and the child, and the conclusions of relevant specialists — social educators, medical professionals and others.
Step 4 — Transfer of the child. On the basis of the court decision, the education department transfers the child to the adoptive parents. The child is handed over in seasonal clothing together with a full package of documents including the birth certificate, documents relating to the child’s biological parents (death certificates, court decisions on deprivation of parental rights and similar), documents on the child’s property, and health records.
Priority in adoption is given to the child’s relatives — grandparents, aunts, uncles and similar — as well as a stepparent. When a child has reached the age of 10, their opinion on the adoption is taken into account by the court.
Siblings may not be separated — they must be placed in the same family.
Who may become an adoptive parent?
Both men and women may adopt in Belarus, provided they have full legal capacity. The following persons may not adopt:
- persons declared legally incapacitated by a court;
- persons convicted of intentional crimes, particularly grave or especially grave offences;
- persons suffering from chronic alcoholism or drug addiction;
- guardians or trustees who have been removed from their role in relation to children;
- persons who cannot raise children for health reasons (the list of disqualifying conditions is established by the Government of the Republic of Belarus);
- other persons specified in legislation.
Two persons who are not officially married to each other may not adopt the same child jointly.
Age difference. The difference in age between the adoptive parent and the adopted child must be at least 15 years and may not exceed 45 years.
Spouse’s legal capacity. Adoption is also prohibited where the applicant’s spouse has been declared to have limited legal capacity.
Cancellation of adoption
Adoption may be cancelled by the court in the following circumstances:
- the adoptive parent has acquired a disease that prevents them from fulfilling their parental duties, or has been declared legally incapacitated or partially incapacitated;
- the adoptive parent has committed a serious crime;
- the adoptive parent has failed to fulfil or has improperly fulfilled their obligations to raise and maintain the child;
- the adoptive parent has abused the child physically or psychologically, or has abused their parental rights;
- the adoptive parent has incited the child to an immoral lifestyle or engaged in other culpable conduct.
Consequences of cancellation
Cancellation of adoption is comparable in its effect to deprivation of parental rights. The adoptive parent loses all rights in relation to the child, including the right to raise the child, the right to inherit from the child, and the right to a pension following the child’s death. The adoptive parent is no longer a statutory heir of the child. The exception is inheritance under a will — if the child has named the former adoptive parent as a beneficiary in a will, that remains valid.
Frequently asked questions
Can a foreign national adopt a child in Belarus?
Foreign nationals may adopt Belarusian children subject to additional requirements and procedures. Cases involving foreign adoptive parents have specific procedural features and involve the National Centre for Adoption. We advise on these on a case-by-case basis.
Can a single person adopt in Belarus?
Yes — both single men and single women may adopt, provided they meet all the legal requirements. Two unmarried persons may not jointly adopt the same child.
What is the minimum age difference required between adoptive parent and child?
At least 15 years. The maximum permitted difference is 45 years.
Can siblings be separated between different adoptive families?
No. Belarusian law expressly prohibits the separation of siblings — they must be placed in the same family.
Does the child have a say in the adoption?
Yes — if the child has reached the age of 10, their opinion is taken into account by the court in the adoption proceedings.
Can adoption be reversed?
Yes, but only by court order and only on the grounds specified in the law. Adoption is not cancelled simply because the relationship has become difficult — the grounds must be serious, such as abuse, incapacity or serious criminal conduct.
From our practice
Adoption by aunt and uncle — parents deceased. A couple came to us following the death of both parents of their two nephews, aged 5 and 9. As close relatives, they had priority in the adoption process. We guided them through the inspection and assessment procedure, prepared all documentation for the court application, and ensured the brothers were kept together as required by law. The court approved the adoption at a single hearing. The elder boy’s opinion was taken into account and he expressed clear support for the arrangement.
Cancellation of adoption — adoptive parent unable to fulfil parental duties. An adoptive parent was diagnosed with a serious progressive illness that made it impossible for them to continue caring for the child. We advised on the cancellation procedure and supported the family through what was an emotionally difficult process, ensuring the child’s transition to alternative care was handled with minimum disruption. The court granted the cancellation and appropriate alternative arrangements were put in place by the education department.
How we can help
Our advocates have extensive experience in adoption and cancellation of adoption proceedings in Belarus, including cases involving foreign nationals. We advise in English and Russian and can assist remotely.
We provide consultations on eligibility and procedure, full representation before the education departments and courts, advice on the rights and obligations of adoptive parents, and assistance in cases involving foreign nationals.
📧 [email protected] 📞 +375 29 142 27 19
