Registration of adoption in Belarus
The procedure for adoption in Belarus is regulated by legislation, in particular, the Code of the Republic of Belarus on Marriage and Family. So, it is indicated that adoption can be carried out in relation to orphans and children left without parental care.
The adoption procedure in Belarus is carried out by education departments (departments) under the executive committees at the place of residence of candidates for adoptive parents, as well as by the National Center for Adoption under the Ministry of Education of the Republic of Belarus.
Initially, the adoption authority collects information about potential adoptive parents. The Department of Education conducts a survey of the living conditions and upbringing in the families of candidates for adoptive parents. So, the conditions of life, personal qualities of candidates, family traditions are studied. An act is drawn up about the survey carried out.
After drawing up the act, the selection of children for adoption is carried out, taking into account all the circumstances that are important for the life and upbringing of the child by potential adoptive parents. Further, a meeting of the child with the adoptive parents is organized.
The decision on adoption is made by the court, taking into account the act of examining the living conditions and upbringing, the personality of the adoptive parents and the child, the opinions of specialists (social educator, doctor, etc.).
On the basis of a court decision on adoption, the education department transfers the child to adoptive parents. The child is handed over in seasonal clothing, with a package of documents. The package of documents includes a child’s birth certificate; documents about the child’s parents (death certificates; court decisions on deprivation of parental rights, etc.); documents on the property of the child, on the state of his health and others.
It should be borne in mind that the priority in adoption is given to the child’s relatives (grandfather, grandmother, aunt, uncle, etc.), as well as the makheche or stepfather. When adopting, the opinion of a child who has already turned 10 is also taken into account.
Who can be an adoptive parent in Belarus
Both men and women can be adoptive parents in Belarus. They must have full legal capacity, i.e. be over 18 years of age and understand the meaning and direction of their actions. Therefore, the following persons cannot be adoptive parents:
– recognized by the court as legally incompetent;
– convicted of intentional crimes, especially grave and especially grave crimes;
– suffering from chronic alcoholism, drug addiction;
– guardians and trustees deprived of their rights in relation to children;
– other persons listed in the legislation.
In addition, persons who are not officially married to each other cannot adopt the same child. Separation of siblings is also not allowed. It is believed that siblings should be brought up in the same family.
Adoption is also prohibited if the spouse is recognized as having limited legal capacity, or by persons who cannot raise children for health reasons. The list of diseases that hinder adoption is established by the Government of the Republic of Belarus.
The legislator also takes into account the difference in age between the adoptive parent and the adopted child. Thus, this difference cannot exceed 45 years and must not be less than 15 years.
National Center for Adoption in Belarus: Rights, Functions, Duties
The National Adoption Center in Belarus is the governing body for adoption issues. He performs control and supervisory functions.
The National Center for Adoption has the right to independently conduct an examination of the living conditions and upbringing of children in foster families. This body oversees the work of subordinate departments (departments) of education of local executive and administrative bodies.
The National Center for Adoption operates under the Ministry of Education of the Republic of Belarus. The functions of this body also include keeping records of adopted children. A personal file is formed for each child, which is kept in a special safe until the child reaches the age of majority.
Cancellation of adoption
Unfortunately, adoption does not always create a harmonious family. There are times when an adoption needs to be canceled.
So, if the adoptive parent has acquired a disease that prevents the further fulfillment of the duties of raising children, or is recognized by the court as incompetent or partially capable, or has committed a serious crime, the court shall cancel the adoption.
Also, the basis for the cancellation of adoption may be non-fulfillment or improper fulfillment by the adoptive parent of the rights to raise and maintain children; child abuse; abuse of parental rights; inciting a child to an immoral lifestyle and other guilty actions.
Legal consequences of cancellation of adoption
The adopter legally has the rights and responsibilities towards the child as if he were the biological parent. Therefore, the abolition of adoption can be compared to the deprivation of parental rights – the adoptive parent loses all rights to the child.
The rights lost during adoption include the right to raise a child, and the right to receive a pension after the death of a child, and the right to inherit after a child. Thus, the adoptive parent, in respect of whom the decision to revoke the adoption has been made, is not called upon to inherit according to the law. The exception is cases of inheritance by will.
Our lawyers have extensive experience in representing the interests of our clients in matters of adoption and adoption in the Republic of Belarus. Our adoption lawyers are ready to provide you with the following legal assistance in matters of adoption:
– oral and written advice on adoption and adoption;
– representation and protection of interests in courts on matters of adoption and adoption;
– consultations and representation of interests on issues of adoption and adoption, where one of the adoptive parents is a foreign citizen.
If you have questions related to adoption and if you need help or advice from a lawyer, please contact our lawyers by e-mail: info@familylawyer.by or by phone: +375293664477.
