How to abandon a step-child. How to give up your ex-wife's adopted child? Who can initiate the cancellation of adoption

Reply from 06/10/2014 14:55

Good afternoon.

Adoptive parents have the right to formalize the abandonment of an adopted child in court. To do this, they need to file a claim in the court of the district where the defendant lives. The defendant in this situation will be the child himself. Protection of his interests and rights in court, in accordance with Part 1 of Art. 56 of the RF IC, will be carried out by the guardianship and trusteeship body.
Grounds for cancellation of adoption

It must be taken into account that when considering the issue of canceling an adoption, the court will first of all act in the interests of the minor. Here are some reasons that the court is likely to consider relevant in considering the case:

Adoptive parents do not fulfill the responsibilities for the upbringing, care and maintenance of the child they have adopted.
Adoptive parents are cruel to their adopted child.
The adoptive parents turned out to be chronic drug addicts or alcoholics.

In paragraph 2 of Art. 141 of the RF IC states that the court can sometimes cancel an adoption in other circumstances, but only if this corresponds to the personal interests of the child. Here are a few examples on the basis of which the court may approve the abandonment of a child by the adoptive parents:

After the adoption, it turned out that the adopted child suffers from a severe mental illness, which the adoptive parents were not aware of previously, so the child needs to constantly stay in a specialized medical institution
The relationship between the adoptive parents and the child did not work out due to objective reasons (the minor remembers his natural parents, is unkind to the adoptive parents, has developmental or behavioral abnormalities, etc.).

If the court considers that these arguments are insufficient to satisfy the adoptive parents’ claim to abandon the child, it may invite them to establish relations with the minor.

It should also be noted that abandonment of an adopted child is not possible if he is already 18 years old. Cancellation of the adoption of an adult child takes place only when he himself has given his consent.

Often, citizens who have adopted their spouse’s children (stepdaughters, stepsons) go to court, and after a divorce want to give up their stepchildren. However, changes in the relationship between spouses are not an objective reason for canceling the adoption, so the court rarely makes a positive decision.
Legal consequences of abandoning an adopted child

In accordance with Art. 143 of the RF IC, if an adopted child is abandoned and the court makes a positive decision, then after it comes into force, the child returns to his biological parents. If they are not there, or they are deprived of parental rights, then the fate of the child is decided by the guardianship authorities. Usually he returns to an orphanage or orphanage.

The court makes a decision to change the child’s first, last and patronymic names, which he received after adoption, to those that were before. It must be taken into account that the return of past settings to a child over ten years old is possible only with his consent to this. The court may also oblige former adoptive parents to pay the child

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.

Many here want to know whether it is possible to refuse 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?

In order not to make mistakes and to find a way to cancel the adoption upon divorce, they go to court. In addition, the decision cannot be made without the participation of the prosecutor's office, guardianship and trusteeship authorities.

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 , , , , , 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 rationale is based on the following aspects:

neglect of parental responsibilities;
abuse of acquired rights;
cruelty to adopted children;
negative impact on the development of the adopted child;
use of false documents;
lack of advance information regarding the baby’s health;
violation of the interests of the child;
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.

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;
or its termination;
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:

cancellation of rights and obligations for both parties;
reconsidering the issue of use, name and patronymic received by the child;
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 adoption of a spouse's child from his first marriage or an orphanage baby is presented as proof of love and nobility, but when the relationship between spouses breaks down, legal fathers, and less often, mothers, express a desire to refuse adoption, avoid responsibility and pay alimony.

Is it possible to abandon an adopted child after a divorce?

The procedure for adopting a child from an orphanage is much more complicated than when adopting a child of a second spouse on the basis of legal marriage. The difference is that in the second case there is no need to search for the person being adopted in the database, the guardianship authorities do not draw up a conclusion about the possibility of the stepfather (stepmother) to be an adoptive parent, there are no restrictions related to the need to own residential property and the difference in age (Articles 127, 128 RF IC).

In both cases, cancellation of the new status is possible in court with the participation of the guardianship and trusteeship authorities. If in relation to natural children the concept of “deprivation of parental rights” applies, then in relation to adopted children they talk about the abolition of adoption, but it is impossible to abandon a child who is accustomed to a certain circle of relatives for no reason.

In judicial practice in cases of cancellation of adoption, it is customary to be guided by Resolution of the Plenum of the Armed Forces of the Russian Federation No. 8 of April 20, 2006, where in paragraph 19 the reasons for a possible refusal are specified in detail:

Failure by persons who formalized the adoption to fulfill parental responsibilities related to raising a child and creating comfortable living conditions for him.
Adoptive parent's abuse of alcohol and drugs.
The use of harsh methods of education, involving the use of physical violence, emotional pressure, and intimidation.
Lack of mutual understanding between the adoptive parent and the child due to circumstances not related to the guilty behavior of the adoptive parent; lack of authority in the eyes of a minor, constant misunderstandings that negatively affect the psychological development of the adopted child.
The presence of serious deviations in the child, identified after paternity (maternity) was registered, which are an obstacle to the further maintenance and upbringing of the minor in the family and about which the adoptive parents were not warned.

If the adoption is canceled due to the guilty behavior of the parent (clauses 1, 2, 3), the opinion of the children is not taken into account.

In other cases, minors who have reached 10 years of age are heard by a judge. The process determines how prepared the child is for the loss of his parents, whether he wishes to remain adopted, and whether the information provided by interested parties is reliable.

Common reasons why one or both parents refuse to adopt

Depriving a child of one or both parents who abandon him during a divorce creates sad statistics. The reasons that provoke parents to commit an unsightly act come down to the following:

a child from an orphanage was taken by one of the parents, for example, by the husband, and after the divorce the woman refuses to have common ties with both her husband and the adopted child;
the couple was unable to reach complete mutual understanding with the minor, feelings of fatherhood and motherhood were not awakened, and after the divorce, the adopted child became a burden;
children did not fit into the concept of a new life after divorce;
the spouse does not want to bear financial responsibility for a child who is not related to him by blood.

No matter how condemned such actions are by society, abandonment of adopted children after divorce is not uncommon.

How to cancel the adoption of a child during a divorce

If there are grounds for canceling the adoption, and the adoptee is under 18 years of age at the time of refusal, the adoptive parents have the right to go to court. When a child reaches the age of majority, cancellation of adoption is possible only with his consent with the support of his parents and adoptive parents.

The Family Code of the Russian Federation (Articles 140-144) outlines the main provisions on the abolition of adoption and stipulates the legal consequences of such actions for parents and children.

The following may apply for cancellation of adoption:

Persons who have registered the right to be the parents of a minor.
Half-blooded mother or father, unless they are incapacitated and not deprived of parental rights.
Representatives of government bodies: guardianship and trusteeship, courts (prosecutor). Third parties initiate the process if alarming signals are received from concerned neighbors, relatives or other persons about existing offenses against a child, and the applicants have evidence of infringement of the rights and freedoms of children in the family.
The child himself, if he is 14 years old at the time of application.

If the main reason for a couple's request to abandon children is divorce, the judge in rare cases makes a positive decision.

Algorithm of actions

Having decided to cancel the adoption, you need to adhere to the following algorithm of actions:

Find out whether there are grounds for canceling the adoption.
If there are reasons for abandoning the child, go to court. The consideration of such cases is within the competence of the federal city court; Armed Forces of the Republic; courts of the autonomous district, region; courts at the place of residence.
Prepare documents and file a claim.
Appear at the hearing of the case in court and receive a decision to cancel the adoption.

Preparing and filing a claim

If one adoptive parent in a lawsuit demands to deprive the status of a parent of the second adoptive parent, then the first will be the plaintiff, and the second will be the defendant. If both parents act as plaintiffs, wanting to cancel the adoption, the defendant is the child, acting with the support of the prosecutor, guardianship and trusteeship authorities.

The claim is filed at the place of residence of the plaintiff.

The application to the court is drawn up in accordance with the rules set out in Art. 131 Code of Civil Procedure of the Russian Federation, and contains:

name of the court, its location;
indication of the plaintiff, defendant, third parties;
information about the adoptive parents (if there is only one adoptive parent, then about the blood parent and the legal parent);
the main part, which describes in detail the circumstances of the case: when the marriage was concluded and dissolved, who initiated the adoption of the child, for what reasons the cancellation occurs (attach evidence);
petition for cancellation of adoption; list of applications;
date and signature.

Download a sample claim for cancellation of adoption

The following documents must be attached to the claim:

copies of the claim according to the number of interested parties;
a copy of an identity card, divorce or marriage certificate;
a copy of the birth certificate;
evidence of the child’s illness, evasion of parental responsibilities or other circumstances allowing the refusal of adoption.

The review procedure requires the mandatory participation of guardianship and trusteeship authorities in the process. Without evidence of control on their part, the case will be sent for review.

Procedure

The process of cancellation of adoption is subject to supervision by the prosecutor's office, guardianship and trusteeship authorities. The reliability of the provided grounds for initiating a trial is subject to mandatory verification, witnesses and interested parties are questioned, and the living conditions of the minor are checked.

At the same time, the question of whether the child will retain his last and patronymic names is being decided, and whether the parents will be required to pay benefits in accordance with Art. 81, 83 RF IC.

If the court makes a positive decision to cancel the adoption, the child, in accordance with Art. 143 of the RF IC, or is transferred to parents who are not deprived of the right to raise him, or to the guardianship and trusteeship authorities.

Deadlines

For consideration of a civil case in accordance with Art. 154 Code of Civil Procedure of the Russian Federation is allotted 2 months. It will take another 1 month for the decision to cancel the adoption to come into force.

If any additional examinations are required, the period will be suspended for the duration of additional activities and then resumed again.

Expenses

The cost of going to court depends on who files the claim. If both spouses apply, the state fee will be 300 rub. If one adoptive parent represents the interests of a minor and is a plaintiff against the second parent, filing an application is exempt from the state fee.

Additional costs are usually associated with the provision of legal services. Their size is negotiated individually.

Nuances, consequences

Parents whose adoption has been canceled are most interested in the legal consequences of the procedure. After the court decision comes into force, the following happens:

the rights and obligations of children and parents in relation to each other are canceled;
the minor is deprived of his previous surname and patronymic or leaves them at his own discretion (the opinion of children is taken into account when they reach 10 years of age);
the minor is returned to his parents (if there is such a possibility) or to the guardianship and trusteeship authorities.

At his discretion, the judge may oblige the former adoptive parents to pay alimony, but the children are deprived of the right to receive the inheritance property they left behind, and the former parents will not be able to demand payment of financial support in old age.

Arbitrage practice

Citizen S. filed a claim with the district court to cancel the adoption of his son under 18 years of age.

In the claim, S. indicated that his wife’s son was adopted by him at the age of 5 years, as evidenced by the entry in the registry office, the child was given the surname and patronymic of the adoptive parent. The relationship became tense; 4 years after marriage, S. left his wife and for 2 years did not maintain a relationship with her and did not take part in raising his son. S. noted that the adoptee does not consider him family and does not want to maintain communication, so S. asks the court to cancel the adoption. The plaintiff pays alimony and does not renounce the assigned responsibilities, but believes that the cancellation of the adoption should exclude the adoptee’s claims to his property.

The defendant did not agree with the judgments of her ex-husband. She noted that a family relationship had developed between her son and S., the son learned about the presence of another biological father only at the age of 11, and if he loses a parent again, this will cause irreparable trauma to the child’s psyche. In addition, the plaintiff and the defendant have a common son, the brothers are friendly, and if the father pays attention to only one, the children’s relationship may become tense.

The guardianship authorities conducted an examination, during which it was determined that the son considered S. to be his father, and the cancellation of the adoption would negatively affect the emotional state of the child. Taking into account all the circumstances, the court did not satisfy the claim to cancel the adoption.

Questions and answers

My husband and I divorced in 2019. My ex-husband wants to refuse to adopt a daughter from his first marriage so as not to pay child support. Will he be able to do it? Lawyer's answer: The spouse can formalize the refusal of adoption by going to court, but not, since his rights in relation to the minor will cease, but not his obligations.
We adopted a baby from an orphanage, but during the divorce we filed a cancellation of the adoption. Now this child is already an adult, and I am wondering whether, due to his inability to work, I can receive financial assistance from him? Lawyer's answer: no, since when the adoption is cancelled, mutual rights and obligations cease in accordance with Art. 143 RF IC.
My stepfather adopted me at the age of 3, and 10 years later he divorced my mother. While married, he was rude, intimidated, and treated me cruelly. Now I’m 18, I want to return my mother’s last name and refuse to adopt him, so that he ceases to be the father in the documents. Is this possible? Lawyer's answer: yes, but only with the consent of your stepfather, mother and your biological father.

Rash decisions lead to personal tragedies, and the worst is when the main characters are children. But if this is the case, lawyers from ros-nasledsvtvo.ru will help you get into the situation and understand the intricacies of the process.

Sometimes adoption occurs thoughtlessly, for example, trying to win the favor of a woman, the stepfather promises to adopt her daughter or son, treating the child with indifference or feeling hostility. In such cases, the cancellation of adoption is a good thing. Another situation is the abandonment of the child by both adoptive parents. This decision should be approached with maximum responsibility, trying not to miss the slightest opportunity to raise a child in a family, albeit an incomplete one.

Unfortunately, even families that have gone through trials and difficulties, such as joint adoption and raising a child, fall apart. As a rule, after a divorce, an adopted child remains with one of the parents. And often the second parent asks the question: how to relieve oneself of parental obligations to a step-son or daughter? Especially if after the divorce he created a new family and had his own children.

Rights of an adopted child

Parental rights and responsibilities apply to all children - natural and adopted - equally, and are fully preserved after divorce.

A child who has been adopted has the same rights as a child who is born into this family. And these rights remain after the adoptive parents divorce:

the right to material support;
right to education;
the right to protection, in particular, from discrimination or disadvantage on the basis of adoption;
the right to relationships with adoptive parents;
other rights provided for by the Family Code of the Russian Federation.

Thus, the legal status of an adopted son or daughter is completely similar to the legal status of a child born in or out of wedlock.

Is it possible to abandon an adopted child after a divorce?

Since the cancellation of adoption is not a rare case, the family legislation of the Russian Federation provides for:

features of the procedure (Article 140 of the RF IC);
legal grounds for cancellation of adoption (Article 141 of the RF IC);
an exhaustive list of persons who have the right to initiate the procedure for canceling adoption (Article 142 of the RF IC);
legal consequences of abandoning an adopted child - for the child himself and the adoptive parents (Article 143 of the RF IC);
cases in which cancellation of adoption is impossible (Article 144 of the RF IC).

Reasons for refusal

The reasons why adoptive parents make this decision can be different:

The child was adopted at the request of one of the spouses, or caused by circumstances that concern only one of the spouses. The second spouse seeks to relieve himself of moral and material obligations.

For example, due to the wife’s inability to become pregnant or bear her own child, a married couple decided to adopt, but after the divorce, the husband abandoned the “alien” child.

The child was adopted at the mutual request of the couple, but after the divorce, the life circumstances of the husband or wife changed. Family breakdown is a difficult experience.

For example, after a divorce, a wife realized that she would not be able to raise her adopted child herself without receiving any support from her ex-husband, who had entered into a new marriage.

The adoptive parents were unable to reach an understanding with the “difficult” child. And after a divorce, you usually have to raise an adopted child alone - this is even more difficult.

Grounds for abandoning an adopted child

If the reasons are life circumstances that force one to make a decision to abandon the child, then grounds– these are the conditions provided for by law, without which such a refusal is impossible.

Firstly, cancellation of adoption is possible only in court (on the initiative of a clearly defined circle of persons), secondly, for this there must be compelling reasons grounds, provided for in paragraph 1 of Art. 141 RF IC:

Avoidance of fulfilling parental obligations to adopted children;
Abuse of parental rights, which is contrary to the interests of children;
Harshness towards children;
Alcoholism or drug addiction.

One can guess that the initiator of the cancellation of adoption on the grounds listed above will not be the adoptive parents themselves, but third parties - the prosecutor, a representative of the guardianship authority. But the right to initiate abandonment of a child is also provided for adoptive parents.

According to clause 2 of Article 141 of the RF IC, the court can cancel the adoption on grounds other than those listed in clause 1, which are in no way related to guilt and violations on the part of the adoptive parents. This does not contradict the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 8 of April 20, 2006 (as amended on December 17, 2013). Such a reason could be, for example, the impossibility of raising a child normally:

the child has been diagnosed with a serious mental or physical disorder that impedes his full development;
There is no relationship of trust and understanding between the child and the adoptive parent.

Based on clause 2 of Art. 140 of the RF IC, the court may take into account the mutual reluctance of the adoptive parents or the reluctance of one of the adoptive parents to raise and care for the child, and cancel the adoption. As judicial practice shows, even cases of hostile relationships that have developed between a child and adults that interfere with upbringing can be considered by the court as grounds for litigation.

This does not mean that every unscrupulous adoptive parent can easily relieve himself of his obligations to the child. But it is possible to achieve a fair court decision, since the reasons and life circumstances in each family are individual.

Who has the right to ask the court to cancel the adoption?

The law contains an exhaustive list of persons who can initiate legal proceedings:

Adoptive parents;
The biological parents of the child, if they are not deprived of parental rights and are not declared incompetent;
The adopted child himself, if he is already 4 years old;
Prosecutor;
Representative of the guardianship and trusteeship authority.

For example,

The Levchenko couple adopted a 4-year-old boy, but three years later the marriage between them broke up. After the divorce, the ex-husband moved to another city, and after some time his interest in his adopted son waned. A year after the divorce, the adoptive mother filed a lawsuit to cancel the adoption against her ex-husband, on the grounds that he was avoiding fulfilling parental obligations towards the child. The court granted the claim and canceled the adoption, but collected child support from Levchenko.

So, divorce between adoptive parents is not a basis for abandoning a child. But divorced adoptive parents have the right to file a lawsuit to cancel the adoption on other permissible grounds.

How to cancel an adoption after a divorce?

We have dealt with the reasons and legal grounds, now we will consider in detail how to actually implement our plans.

Algorithm of actions

Preparation of a statement of claim;
Collection of documents that are attached to the claim;
Filing a claim in court in accordance with the rules of jurisdiction;
Participation in court hearings;
Obtaining a court decision.

Statement of claim

The claim for cancellation of adoption is drawn up strictly taking into account the provisions of Art. 131-132 Code of Civil Procedure of the Russian Federation.

Minor violations of the claim form will result in the documentation being returned to the plaintiff to correct errors, and will cause the proceedings to be delayed. For example, although the law does not prohibit filing a claim in handwritten form, lawyers still advise typing the text - this prevents the claim from being returned due to unreadability. If the content of the claim is legally illiterate, weak, and not supported by documents, the case may be lost and the plaintiff’s demands will remain unsatisfied.

Therefore, at the stage of preparation for the trial - when drawing up a claim and collecting evidence - it would be useful to enlist the support of a lawyer. If you need advice or help, write to the chat or call the hotline and get a free consultation from a lawyer on our portal.

How to file a claim correctly?

The structure of the claim is as follows:

Name of the judicial authority, address;
Information about the plaintiff and defendant: full name, registration and residence addresses;
Information about third parties: guardianship authority, prosecutor;
Title: “Statement of Claim for Cancellation of Adoption”;
Circumstances: when the marriage was concluded and dissolved, when the child was adopted. You can additionally indicate other circumstances: who initiated the adoption, whether the second adoptive parent was against it, how the relationship developed between the child and the adoptive parents.
Reasons and reasons why the adoption should be cancelled;
Evidence, links to documents;
Claim;
List of attachments to the claim;
Signature;
Date of filing the claim.

The completed statement of claim is submitted by the plaintiff to the district/city court at the defendant's place of residence. But if a minor child lives with the plaintiff, he can file a claim at his own place of residence.

Who will be the plaintiff and defendant? Above we listed the circle of persons who have the right to file a claim to cancel the adoption, among them are the adoptive parents themselves. If a claim is filed by one adoptive parent against a second adoptive parent, then the defendant will be the adoptive parent who needs to be deprived of his status. If the claim is filed by two adoptive parents, the defendant will be the adopted child, and his interests will be represented by the guardianship authority and the prosecutor.

Documentation

According to Article 132 of the Code of Civil Procedure of the Russian Federation, all the circumstances that the plaintiff sets out in the claim, on which he relies and with which he substantiates the claims, must be documented. Consequently, the package of applications to the claim must be formed individually, depending on the circumstances, and professional legal assistance should not be neglected when preparing documents.

Main documents:

Receipt for payment of state duty;
Marriage or divorce certificate;
Child's birth certificate;
Court decision on adoption;

Other documents: medical certificates, extracts from the medical history, characteristics of teachers and psychologists, police orders regarding an offense and/or administrative liability.

Procedure

Despite the fact that cases of abandonment of adopted children seem out of the ordinary, they are considered within the framework of civil procedural law and are almost no different from other civil cases, with the exception of some features:

The case is heard exclusively in a city or district court;
The prosecutor and a representative of the guardianship and trusteeship authority must take part in the trial;
If both adoptive parents are the plaintiffs, the child is the defendant, in which case his interests are represented by the prosecutor and a representative of the guardianship authority. If the plaintiff is the child himself, who has reached the age of 14, the defendants are his adoptive parents (or one of the adoptive parents);
The court listens to the plaintiff and defendant, considers the documents and other evidence presented, and determines whether the circumstances described in the claim really serve as a basis for canceling the adoption. If necessary, the court requests additional evidence, invites witnesses, and orders a forensic examination;
If the child has reached the age of 10 years, the court must ask and take into account his opinion regarding the cancellation of the adoption;
When deciding to cancel an adoption, the court has the right to collect alimony from the former adoptive parents for the maintenance of the child - until the child reaches adulthood or until the child is adopted by other persons.

Deadlines

The duration of the trial in civil and family cases is determined by Article 154 of the Code of Civil Procedure of the Russian Federation:

2 months – for immediate consideration of the case;
1 month – for the court decision to enter into force.

It is possible that the trial period may be extended if a forensic examination is required, during which the trial is suspended.

Expenses

If a claim is filed on behalf of two adoptive parents, they must pay a state fee of 300 rubles (Part 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation). If a claim is filed by one adoptive parent against another, as well as by other persons authorized to file a claim to cancel the adoption, they are exempt from paying the state fee, since the claim is filed in the interests of a minor child.

In addition to the state fee, additional costs may be required, for example, for legal advice and representation in court, notarization of documents, and forwarding of documents.

Legal consequences

Obviously, the cancellation of adoption entails legal consequences for both parties – the child and the adults:

Cancellation of mutual rights and obligations of the child and the adoptive parent;
Return of the child to biological parents (if they are alive and not deprived of parental rights), relatives or to a specialized children's institution - at the discretion of the court and the guardianship and trusteeship authority;
At the discretion of the court - collection of alimony for the maintenance of the child until he comes of age or re-adoption;
With the consent of a child who has reached 10 years of age, a change in the full name received upon adoption, restoration of the previous metric data.

Simultaneously with the removal of all parental obligations, the adoptive parents also lose their rights to the child, in particular, the right to demand maintenance from the child in old age or to inherit the child’s property in the event of his death. The child also loses the right to inherit after the death of the adoptive parents.

For example,

According to the claim of citizen Timchenko, the court canceled the adoption by her ex-husband of a child taken from an orphanage during marriage, because after the divorce, the ex-husband stopped caring for the 7-year-old boy. A year after the court decision came into force, Timchenko died. His ex-wife tried to prove the child's right to inheritance after the death of the former adoptive parent. But the court refused to satisfy the claim, since there were no longer any legal rights and obligations between the deceased Timchenko and the child who was adopted.

Arbitrage practice

Judicial practice in cases related to the cancellation of adoption due to divorce is very insignificant. As a rule, we are talking about formal claims filed in order to relieve oneself of all responsibilities towards the child.

In such cases, the court will cancel the adoption if it finds that...

One or two adoptive parents claim unwillingness to raise and care for the child;
Normal raising of a child by one or two adoptive parents is impossible;
The opinion of a child who has reached the age of 10 does not contradict the wishes of the adoptive parents;
The representative of the guardianship authority also does not object to the cancellation of the adoption.

Question.

My stepfather adopted me after marrying my mother. I was 8 years old. Ten years later, his mother divorced him due to alcoholism and domestic violence. Now I have turned 18, I want to renounce my adoptive parent and all legal rights and obligations to him. Is it possible?

Answer.

Yes, this is possible, but only with the consent of all parties: the mother and stepfather-adoptive parent, as well as your biological father, if he is alive and not deprived of parental rights (Article 144 of the RF IC).

Question.