The Supreme Court has clarified the rights of adopted children from Russia
Nedetskiy question
The Supreme Court has clarified the rights of adopted children from Russia
Photo: Kurpyaeva Olesya
29.05.2012, 22:25 , "Rossiyskaya Gazeta" - www.rg.ru
Text: Vladislav Kulikov ( blog author )
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Today, Russia's Supreme Court issued a judicial review in cases of adoption of children by foreigners.
Acute and controversial topic. It attracted attention after several orphanages deaths abroad when parental care drove children to death. There were a few scandals, no fatalities, but the lives of the children still turn into hell. Also a lot of fuss about "Operation Return" which cranked one American adoptive "mother" with a boy from Russia. She just landed the child on the plane with a note saying that the boy did not fit.
However, in virtue of the laws of the genre, good fortune kids abroad rarely makes the headlines. These stories give birth to a little audience, and therefore do not increase the ratings do not attract advertisers. And indeed, many boring stories sugar. Therefore, the general public was convinced that send their children abroad would be like to send to the slaughter. Most erroneous opinion, though it is less to create.
On the other hand, what prevents us from ourselves to provide children with their compatriots a happy life? Of course, in itself, nothing wrong when some good foreigners take a family of Russian children. But a situation where overseas adoption, as the press wrote, has become a business and was almost put on stream, the country is not beautiful. However, if and when such a case, the information is already outdated.
Children are not for sale
"There is a perception that Russia is widespread international adoption, and Russian citizens adopt children is extremely rare. Yet such a view does not find confirmation" - wrote the Supreme Court to review the court practice. According to statistics, foreigners give Russian orphans to five times less than the adoptive parents Russians.
"During the 12 months of 2011, with the decision reviewed 3076 cases of international adoption (including satisfaction requirements - 3069 cases), which is 4.9 times lower than for the same time ordered the adoption of children by Russian citizens ( 15218) ", estimated the Supreme Court. And in 2010, foreigners adopted 5.2 times less Russian children than parents-Russians.
Overview of the Supreme Court
So all the same: to give or not? According to the UN Convention on the Rights of the Child, inter-country adoption may be considered as an alternative means of child care, if the child can not be transferred to the care of a family at home. Or if, as the document says, "in any suitable manner of care in the country of origin of the child's." "In this way, the child has the right to be brought up as possible in the country of origin", explained in the review.
Homeland has priority
That judges do not make mistakes when dealing with such sensitive cases, Supreme Court examined the practice and clarified some points. For example, the highest court recalled that the Court's inability to transfer the child to grow up in a family of Russian citizens should be motivated. Since the law requires.
The courts must seek to guardianship and custody documents proving the failure to communicate the child's family or the family of Russian citizens. It is necessary to check whether the data were entered in the child's federal bank data on children without parental care, study on the action taken on the device of orphans in Russian families. Not trying to make a baby at home, overseas adoption is not allowed.
The review is an example to the case of the adoption order the juvenile to Kamchatka. The trial court allowed the girl to give the citizens of Spain. Meanwhile, prosecutors determined that the girl has relatives on the paternal side - aunt and grandmother, who live in the Kamchatka region. Incidentally, they objected to the girl's adoption by foreign citizens. Aunt was willing to pick up the girl in the care of his family.
In addition, two brothers girls are under the care of Russian citizens. Therefore the Court of Cassation quashed the decision of another case udocherenii.V decision on adoption order was canceled in part because the court "did not examine the question of religion and the admissibility of the adoptive parents to ensure full religious spiritual and moral development of the adoptee, adoptive parents to provide opportunities child physical, mental , spiritual and moral development. " Also not examined the documents on the material and housing conditions of the adoptive parents.
Single check
Another simple question: is it possible to send their children alone to foreigners? Loneliness is not a sign of a bad man. Still a classic version is a complete family. As stated in the review, children, including the adoption, are entitled to full family.
True, Russian law does not contain a ban on adoptions by single persons. But in each case, the courts must carefully examine the issue. For example, it is necessary to know the laws do not prevent a country from which people came, to adopt children. It should also be weighed separately, whether such individuals, especially when adopt sick children, provide them with proper care. Do the candidates for single parents financial resources for such a mission? "Are they morally educate these children, overcoming all difficulties, whether they have the experience of raising children, whether their hasty decision about adoption, whether they have relatives who can help them in raising their children, and whether they wish to provide such assistance "continues to review the list of requirements.
As the Supreme Court, as of December 23, 2011, in 2011, 393 cases were single adoptive citizens. Of these, 390 - women, most of whom are citizens of the United States (155), Spain (70), Israel (50) and France (49). In addition, in 2011 (as of December 23) adopters were three men who are not married (all three are citizens of Spain). Decision to recognize these individuals adopters were taken Smolensk Regional Court (2 cases) and the Nizhny Novgorod regional court (1 case).
"In some cases, the courts, fully investigate the circumstances of the case, reasonably refuse the applications of single adoptive parents of adopted children - according to a survey. - For example, the decision of the Supreme Court of the Republic of Karelia on 17 February 2011 rejected an application of a citizen of the U.S. adoption of two children (1998 and 1999 birth). As stated by the court, the applicant turned 39 years old, never married, no children, he has no parental experience. Additionally, he works full-time, information on the intention to change schedule toward increasing the amount of free time for education of two children, as well as data on how this may affect its financial security, the court was presented. Given the aforementioned circumstances, the court concluded that an applicant fails to provide the children necessary care and adequate attention, the boys would not receive a full development in the single-parent family. "
Besides, the boys have had a bad experience of being in foster care, it was applied psychological trauma. In May 2009, the child was placed in a children's home in connection with the abolition of guardianship. Time passed, the boy calmed down, something was forgotten. The court decided not to risk giving them a lonely American.
As stated in the review, such cases should be considered the most experienced and trained judges who have knowledge and skills in dealing with such issues. Generalization showed that almost all regional courts and equal to them today introduced specialization of judges to hear cases on international adoption of children, which is a positive thing.
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Where parents
Most often, in the past year adopters are U.S. citizens - they appeared in 28 percent of cases. In second place the citizens of Italy - 21 percent. Adoptive parents from Spain came in 20 percent of cases.
Next ratio (as a percentage of the judgments of adoption) is composed as follows:
Adoptive parents
from France - 8%
Germany - 7%
Ireland - 4%
Israel - 3%
Canada - 2%
UK - 1.5%
Finland - 1%
Malta - 1%
Sweden - 1%
Argentina - 0.4%
Belgium - 0.3%.
The small number of adopters (1 to 6 cases) are, in particular, citizens of Switzerland, Austria, Cyprus, Ukraine, Kazakhstan, Greece, Mexico.
Which courts adopt
The greatest number of cases of international adoptions in 2011, viewed from the judgment of St. Petersburg City Court - 314 cases.
Also reviewed
Moscow City Court - 187 cases
Perm regional court - 181 deal
Krasnoyarsk Regional Court - 137 cases
Kemerovo regional court - 124 cases
Khabarovsk Regional Court - 110 cases
Kirov Regional Court - 103 cases
Saratov regional court - 100 cases
Sverdlovsk Regional Court - 97 cases
Moscow regional court - 94 cases
Novosibirsk Regional Court - 92 cases
Primorye regional court - 91 case.
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