Australian Embassy
Russian Federation
Embassy address: 10A/2 Podkolokolny Pereulok, Moscow - Telephone: 956 6070 - Fax: 956 6170

ADOPTION IN RUSSIA

This material is provided for general information only and may not be comprehensive or accurate in every detail. All details should be checked by contacting the following organisations:


1. The Embassy of the Russian Federation
in Canberra, Australia
Consular Section

78 Canberra Avenue
Griffith ACT 2603
Phone :(02) 6295 9033
Consular Section Phone :(02) 6295 9474
FAX :(02) 6295 1874
E-mail: rusembassy@lightningpl.net.au

2. Russian Consulate General in Sydney, Australia
7-9 Fullerton Street, Woollahra, NSW 2025
(8-10-612) 9326-1866, 9326-1702

Prospective parents should also seek information from to the appropriate state or territory authority in Australia regarding eligibility criteria and procedures. These may vary from one state or territory to another. State or territory government departments/organisations responsible for administering legislation on adoptions procedures are listed below:



1. New South Wales
Department of Community Services
Adoptions Services Branch
PO Box 3485
Parramatta NSW 2124
Tel: 61 2 9865 5906
Fax: 61 2 9689 3507

2. Victoria
Department of Human Services
Inter-country Adoption Services
20th Floor
555 Collins Street
Melbourne VIC 3000
Tel: 61 3 9616 7137
Fax: 61 3 9616 7974

3. Queensland
Department of Families
Adoptions Services Unit
PO Box 806
Brisbane QLD 4001
Tel: 61 7 3224 7415 or
1800 647 983 (only within Qld)
Fax: 61 7 3210 0350

4. South Australia
Australians Aiding Children Adoption Agency
72 Fullarton Rd
NORWOOD SA 5011
Tel: 61 8 8362 0588
Fax: 61 8 8362 0530

5. Western Australia
Department for Community Development
Adoption Services
PO Box 6334
East Perth WA 6892
Tel: 61 8 9222 2555
Fax: 61 8 9222 2607

6. Tasmania
Department of Health and Human Services
Adoption & Information Services
GPO Box 538
Hobart TAS 7001 Tel: 61 3 6222 7373
Fax: 61 3 6223 1343

7. Northern Territory
Territory Health Services
Family & Children Services Specialist Unit
PO Box 40596
Casuarina NT 0811
Tel: 61 8 8922 7077
Fax: 61 8 8922 7480

8. ACT
Department of Education and Community Services
Family Services Branch
Service Development and Adoptions
PO Box 1584
Tuggeranong ACT 2901
Tel: 61 2 6207 1080, Fax: 61 2 6207 8888

Questions related to the acquisition of Australian citizenship by children adopted by Australian citizens while they are in Rusia or CIS must be referred to the Department of Immigration and Citizenship: immigration.moscow@dfat.gov.au

General information: Responding to calls for child adoption procedures to be made more transparent, the Education and Science Ministry has created a new Internet site to provide information about laws and regulations governing adoption, and is offering a database of all orphans eligible for adoption in Russia.

Those interested in adopting a child can visit the site, www.usynovite.ru, to find out which documents are required by law to qualify for an adoption, and can also browse through photographs of thousands of orphans from across the country.

The site includes information on around 260,000 children living in orphanages across Russia. Visitors to the site can enter the age, gender and other details of a child they wish to adopt and view photographs of children who match the request.

International adoptions have recently come under fire in Russia amid calls by some senior officials to sharply restrict adoptions following the death of an adopted boy in the United States.

The site has a full list of foreign adoption agencies officially accredited with the Education and Science Ministry.

The information is provided in Russian language only.


How the Process Works: To begin adoption proceedings, prospective parents (or their agency) ask the local Ministry of Education office in the area where they wish to adopt for information on children available for adoption. They must provide personal information about themselves (names, ages, foreign address, occupation, etc.). They may make specific requests for the type of child they wish to adopt (age, gender, disabilities, sibling groups, etc.). In addition to these local inquiries, parents can also receive information on the children listed in the Federal Ministry of Education’s Central Data Bank (www.usynovite.ru/international/ru)

When the prospective parents have identified an orphan they wish to adopt, they submit a formal adoption application to the local court in the area where the child lives. The following documents must accompany the adoption application:
A copy of the couple’s marriage license. If not married, the prospective adoptive parent submits a copy of his/her birth certificate;
Recent medical reports on the prospective parents’ health;
A certificate from their employer(s), verifying their job position and
income; or, a declaration of their income;
Evidence that the prospective parents have permanent housing or proof of home ownership;
The results of a home study conducted by competent state authorities in their country of residence; and
A letter from the Visa Section of the Australian Embassy in Moscow stating that a visa will be issued to the child if he/she qualifies for the visa.

Local child-welfare representatives submit the following material to the judge:

The child’s birth certificate;
A medical report on the child;
Documents confirming the child has been registered with the Central Data bank of orphans at the Ministry of Education and that no Russian citizens have applied to adopt the child;
A statement from the local child-welfare authorities that the adoption is in the child’s best interest;
If the child is older than 10, a statement of his/her consent to the
adoption;
If the child is younger than 10, a statement from his/her natural parents agreeing to the adoption, or documents explaining why parental consent is not required; and,
A statement of consent from the director of the institution where the child lives.

The court’s decision is issued on the day of the hearing, and takes effect ten calendar days later unless the judge waives the waiting period. During the ten-day interval, the decision can be appealed. Once it takes effect, the new parents are granted parental rights and full responsibility for the child.

After the decision takes effect, a copy of the court decree must be sent within three days to the local civil registry office known as ZAGS). When the adoption has been officially registered, the new parents can apply for the adoption certificate, a new birth certificate (issued in the child’s new name and showing them as the child’s parents), passport and visa for the child.

Russian Adoption Law: Under Russia’s adoption law, local court judges in the area where the child lives approve adoptions. The judge’s decision is based on a review of the various documents in the case (these are listed below), and a closed court hearing which usually lasts about an hour. The law requires adopting parents to attend the hearing, and the overwhelming majority do so. Judges sometimes agree to waive one parent’s presence when there are compelling medical or personal reasons for the request. In a few regions, the parents may be represented at the hearing by an adoption agency employee. Most parents describe that their court hearing was thorough, professional and friendly. Many describe it as one of the most moving and memorable elements of their adoption experience.

Although the judge’s decision is issued the day of the hearing, it does not take effect for ten calendar days, during which time it can be appealed. Many judges waive the ten-day waiting period. This is entirely up to the judge, and seems to depend to some extent on the region and on the judge’s experience with international adoption cases.

If you do have to wait ten days for the adoption to be final, you may elect to return to the Australia immediately after the court hearing. One or both of you can return two weeks later to obtain your child’s documents, bring him or her to Moscow for the medical examination and the visa interview, and escort him or her to the Australia. It is also possible for one parent to return to Australia, while the other remains to escort the child home. Some parents designate an escort to complete the paperwork, including accompanying the child to the visa interview. However, some regions require that the application for the child’s passport be submitted by a parent, in person. Check carefully with your agency before making a decision on how you want to handle this.

According to the Russian Federation Governmental Order N-217 of April 4, 2002 on "The State Databank of information on children who have remained without parental guardianship, the control over compiling such formation and its use ", and on the basis of the Federal law N 44-FL of April 16, 2001 regarding "The State Databank about the children who have remained without care of parents " those citizens, wishing to adopt children into their families, have the right to apply to any regional (usually, the State Administration for Education at the Subject of Russian Federation) or to the Federal Operator of the state databank for information about children who have remained without care of parents.

Foreign citizens are to produce to the appropriate Operator an ID establishing their identity, recognised as such in Russian Federation (usually Passport), together with the following documents:

1. The application for adoption of a child in which the applicant requests the information from the above mentioned database on the children;
2. Completed application forms;
3. A declaration of taking an obligation to register in a due time the adopted child with the appropriate consular organisation of the Russian Federation;
4. A declaration of taking an obligation to provide a possibility for periodical checks on the conditions of living and education of the adopted child;
5. Copies of IDs establishing their identity, recognised as such in Russian Federation (usually passport);
6. The resolution issued by a competent body of the applicant’s state of citizenship about the conditions of their life and the possibility of being an adoptive parent. For citizens of Russian Federation, permanently residing overseas, foreign citizens or stateless persons – the document must be issued by the competent body of the State they permanently reside. Recent photographs of the family and living conditions should be attached to the resolution;
7. A declaration from a competent body of the state of citizenship of the adopting parent on accepting the obligation to conduct regular checks on the adopted child’s living and education conditions. For citizens of Russian Federation, permanently residing overseas, foreign citizens or stateless persons such document must be issued by the competent body at the State of their permanent residency.
8. A declaration from a competent body of the state of citizenship of the adopting parent on accepting the obligation to ensure the adopted child is duly registered at the appropriate Russian Consular Mission overseas. For citizens of Russian Federation, permanently residing overseas, foreign citizens or stateless persons – the document must be issued by the competent body of the State they permanently reside;
9. A copy of the licence or other appropriate document from the foreign body, confirming the authority of the above mentioned competent body to issue the documents stated at sections "6" - "8" of the present clause.
10. The documents stated above are accepted for consideration within 12 month from the date of issue.
All the above mentioned documents must be legalised by the Ministry of Foreign Affairs of the issuing country, legalised by the consular mission in Russian Federation, translated into Russian language after which the translation and the signature of translator must be certified by local notary.

The establishment of the adoption is made upon the application from the candidate for adoptive parent by the Supreme Court of Russian Federation, or an appropriate Regional Court, or a Court of a City with Federal status or by a Court of Autonomous Region at the place of residence of the adopted child.

Apart from the stated above the following documents must be attached to the application for adopting a child:

• A copy of the marriage certificate for adoptive parent(s);
• When adopting a child by one of the spouse, a consent from the other spouse or a document stating that spouses no longer maintain a family and do not reside together for a year or more;
• Medical certificate on the state of health of the adoptive parent(s);

Please be advised that according to the article 127 of the Family Code of Russian Federation disable persons or those who are not able to perform parental duties can not be candidates for adoptive parents. The list of illnesses and diseases affecting the rights to adopt children is stipulated by the Russian Federation Governmental Order ¹542 of May 1, 1996, among which are the following diseases and illnesses:

• Tuberculosis (active and chronic) all forms of localization;
• Failures of internal organs, nervous system or locomotor apparatus;
• drugs or other toxic addiction, alcoholism;
• any kind of contagious diseases or illnesses;
• mental illnesses, which caused partial or complete disability;
• All type of illnesses and failures, causing disability of groups 1 or 2 and excluding employability.
Thus, medical statement on the health condition of the adoptive parents must contain information on absence of the above diseases and illnesses.

• A letter from the employer stating the adoptive parent(s) current position and wages or a copy of the declaration on incomes or other document on incomes;
• A document proving the ownership or other right to use appropriate residential premises;
• A document confirming registration in the waitlist of the candidates for prospective adoptive parents;
• Resolution of the competent State organisation of the country of citizenship of prospective adoptive children (for stateless persons – States of permanent residency), on the life conditions and capability of raising children and performing parental duties;
• Approval of the competent state organisation for the adopted child to entry and permanently reside at appropriate country.

Each document must be presented in 2 copies.
Before presented to the Court all documents must be legalised by the Ministry of Foreign Affairs of the issuing country, legalised by the consular mission in Russian Federation, translated into Russian language after which the translation and the signature of translator must be certified by local.

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