You decided to start a family with a man who already has a child from his first marriage. But after some time for you, this child becomes not just close and dear, he becomes truly yours. This fact can be legally fixed by going through simple steps to formalize the procedure for adopting a child.
It is necessary
- - application for adoption;
- - passport
- - marriage certificate.
First of all, discuss this issue with your spouse in order to obtain documentary consent for adoption in the future. This confirmation must be officially certified by a notary, or by the city or district office of the child custody department. For adoption, the consent of both parents of the child is required.
If the biological parent in a previous marriage was officially deprived of parental rights and currently does not have rights to the child, then you can start drawing up the adoption procedure in accordance with the law. If the biological parent has not been deprived of his rights, then before you formalize the adoption, you will first have to achieve, accordingly, his refusal from the child. Obviously, getting such consent from the parent of the child is not an easy task. Work with your current spouse to make a compelling case for this step and that your actions are in the best interests of the child and his future. It will be better and easier to deal with the further steps of adoption if you reach an agreement on this issue without resorting to going to court.
If one of the parents refuses to give you the right to adopt a child, go to court with an application for deprivation of parental rights. The possibility of depriving the biological parent of his parental rights on a legal basis can only be in one case - if the parent systematically fails to fulfill his duties, for example, in the case of malicious evasion from the payment of alimony. But the procedure for collecting the evidence base is rather complicated.
File a statement of claim with the city or district court at the place of your child's registration.
Please provide the following information in your application:
- the circumstances and substantiation of the request for the adoption of the child;
- information about the parents of the child and the child himself: last name, first name, patronymic and date of birth, information about the place of residence (location);
- a request to change (if necessary) the surname and patronymic of the child applied for adoption, to enter the data of the adoptive parent as a parent in the child's birth certificate;
- one of the documents: the consent of the biological father / mother, certified by a notary or a court decision on deprivation of parental rights.
You must also have the following original documents with you:
- passports or other documents confirming the identity of the applicants;
- birth certificate of the child;
- marriage certificate.
If the court makes a positive decision, the district or city registry office will issue a birth certificate with the new data of your child.