Amendments In The Family Code Of The Russian Federation

Just a correction; in 2003, there were 5,209 adoptions from Americans of Russian ophans. America is by far has the largest amount of adoptions than any other country, so maybe 6000 children are adopted each year.

Mary, I don't understand your reply, can u elaborate a bit? Mary

Let's keep it in perspective. We are fortunate that the Russian Federation ALLOWS us to adopt their children. Yes, I said allows. They could at any point put an end to it. Will that happen, probably not but I think we need to take a step back and see the whole picture remembering that it is not our RIGHT to include these children in our family but, an opportunity given to us by Russia. Whatever the circumstances may be, these children have 1st families that are in Russia...many whom grieve at the loss of their kids.....many/some who don't. Regardless, we need to remember that and be thankful to Russia and it's people regardless of how we feel about the government.

mschweber--well said!! I agree many times I feel sadness for my son in not being able to grow up in his birth country and I truly hope that I can keep Russian culture in our house and our lives and always educate him as much as I can on his beautiful country, a country I am forever grateful to. Kris

Actually, there are only about 7,000 children adopted from Russia internationally each year, the vast majority to the U.S. That is only about 10% of all available children, and only 1% of children that are classified as "orphans". That's the shame here. That more children aren't released for adoption, and that more Russians aren't willing to adopt older children (by older, I mean older than 6 months, because that's the upper end of the age Russians usually adopt children, although I did see one Russian family looking at a 3 year old girl when I was in Kemerovo). Realistically, lengthening the time is not going to result in more Russian families adopting, it's just going to delay adoptions by foreigners. And changing the birth date has always been an option. We were asked if we wanted to change our daughter's birth date in October. Good luck to all those who are waiting. I'm keeping you in my prayers.

I hope Russians will adopt more children, but I don't think it will not happen any time soon. One more problem with foreign adoption is that russian government cannot always "trace" the well-being of the adopted child, if adopted parents are not cooperating (not providing post-placements, etc.). There were number of independent adoptions that fail to provide reports. One possible amendment to come would limit international adoption of Russian children by foreigners only to those countries that have ratified the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption. Although the United States is a signatory of this convention (1994), it has not yet ratified it. Congress has authorized the creation of rules and regulations for dealing with international adoption from countries that have ratified the convention, but the U.S. Department of State says those rules will not be available until 2005 or 2006. The Russian adoption moratorium may, indeed, speed things up when prospective U.S. adoptive couples begin contacting their senators and representatives. Adding fuel to this mix was an opinion issued by Alexis II, Patriarch of Moscow and all Russia, and Primate of the Russian Orthodox Church on Dec. 14. The Patriarch bemoaned the demographic crisis in Russia. "We are doomed to live in a horrible time when our nation is extinguishing," he said. "We have every reason to say that its extinction has moral roots." The Patriarch pointed to a decreasing number of weddings and called on Russian couples to adopt Russian children. The Russian population is decreasing by 700,000 to a million a year. The population will be 138.2 million by the start of 2011, and 75 to 100 million by 2050, according to the State Statistical Committee. I hope something will de done to help Russians to raise their own children.

Mike, You should know that when adopting in China, all orphans pics and info are advertised,this is not new! Mary

The one thing that is constant about Russian adoptions is that the process is very unpredictable. There are families before us who have gone through similar changes and those adopting in the future will continue to go through many more changes. Some have adopted as quickly as 5 months, while others, such as myself will take 18 months to two years. One of the reasons we selected Russia over other contries was due to the shortened timeline. It appears that this timeline is no longer in effect and many American families will chose other countries for greater predictability. If my adoption agency would have been honest 13 months ago, that this would take 18 months to 2 years, that all of paperwork would expire, we would have most likely selected another country. If agencies are honest with their families, this latest change will impact future international adoptions from Russia. As the orphanges begin to overflow (even more than today), the Russian government will have to take a hard look at the process. In a previous post, someone mentioned this as being a good thing. What they forgot to mention was the startling statistics of orphans not adopted by the age of 16. They are turned out into society, where 75% of the girls become prostitutes and 70% of the boys commit suicide. Those that survive are degraded by society. With a current domestic adoption rate of 5%--this country has a huge problem.

[font=Arial]I've found it helpful to recall what Winston Churchill said in a radio broadcast on 3 October 1939: "[/font][font=Arial]I cannot forecast to you the action of Russia. It is a riddle, wrapped in a mystery, inside an enigma; [/font][font=Arial]but perhaps there is a key. That key is Russian national interest[font=Arial]."[/font][/font]

What a wonderful quot nungesser! Thank you for sharing it. Thanks to everyone to bring up some really great points. Sometimes my mind starts to narrow, and I hate it when that happens. One positive way to look at this is that we are all experiencing the changes in Russia together. I am so glad to have this forum for us to share our experiences together. Think about the early families who did not have this support. We are very lucky to have eachother, I think.

This board has saved me from this insanity of waiting. Everyday, at anytime, I can come here and hear from people who are in the same boat, but also those who represent my light at the end of the tunnel. I LOVE the pictures people have posted. I can't wait to have my children here and show off their picture.

This has me curious. Does anyone know what the requirements are for a Russian citizen, living in Russia, to adopt? How many Russians living below the subsistence level in unsanitary dwellings would adopt? I wouldn't think many, but heck, what do I know?

Quote from "Irena's" emails: - this has shown up many places "Today, on December 29, 2004 The President of the Russian Federation Vladimir Putin signed this new legislation into law." I can tell you everything that Putin has signed up until about 21 minutes ago (it is now 10:33 PM EST) in most of the major news groups and international searches..... The ONE thing I don't find is this piece of information. I have seen where on Dec. 24 Parliament approved these amendments ([url]http://en.rian.ru/rian/index.cfm?prd_id=160&msg_id=5249741&startrow=1&date=2004-12-24&do_alert=0[/url]) but nothing about Putin actually signing this legislature. If someone could please provide me with a CREDIBLE link to the contrary I would appreciate it. My wife and I got our Christmas miracle phone call a couple weeks before Christmas and we leave for Russia on the 7th of January to meet OUR daughter on the 11th. I'm trying to separate fact from fiction here and either derail this rumor or put it to rest. Thanks

Dear adoptive parents, I have had many families write to me recently asking for my opinion as to the interpretation of the new law and how it will affect children both on and off the database. Even others have written that were very upset, blaming Russia for their "problems and lack of caring". I offer this information that hopefully will clear up many of your questions or concerns. The new law will affect ALL children currently in the Databank and children that will be placed in the Databank in the future. Unfortunately, right now it is really impossible to answer even generally how this will affect adopters who have already received their official referral from the proper Russian authority, met children and gave their official consent for adoption. At this point there are currently many different opinions by the Courts, Prosecution Departments, Ministry of Education, etc. and it is yet to be determined what the official interpretation will be. Hopefully the Supreme Court of the Russian Federation will provide a clear and official interpretation and official recommendations/directions for the Regional Courts of the Russian Federation. I will be happy to post this as soon as it does take place. Also, there have been many questions asked regarding the timeframe that the information about the children will remain on the Databank before it can be released to foreign citizens. I want to emphasize the purpose of this timeframe is to provide the Russian families residing in Russia a priority to obtain information before it is released to foreign citizens. The very reason that the Duma took this step to change the law and extend the timeframe is because of the criminal activity perpetrated in order to "hide" children from Russian citizens by providing information about children secretly to foreign adopters, which breaks the principle of priority of Russian citizens for adoption. Information about children has been "illegally obtained" and "illegally held" for foreign adoptions. I have often spoke about bribes and read many times from adoptive parents: "I do not mind paying bribes if it helps me to bring my child home...".. Well this is the direct result of that activity. Unfortunately, in reality it has affected and will continue to affect more children than it actually helped. Of course, it does not affect the children already home with their families, but the ones that are still sitting in the orphanages along with their future families. It goes without saying that if such criminal activity continues or the new laws are somehow circumvented, more tightening of these laws will take place in the future affecting more children and the overall adoption processes. Regarding the timeframe and how it works, I will try to show this step-by-step: 1. The officials and other persons who have the information about the children left without parental care, must inform the Local Bodies of Trusteeship and Guardianship. (Attorney's comment: This can take from a few days to several months). 2. The Local Body of Trusteeship and Guardianship is obligated within THREE DAYS after the date of receiving this information to conduct the study of the childs living conditions. (Attorney's comment: This can take from a few days to several months). 3. The Local Body of Trusteeship and Guardianship must, WITHIN A MONTH after the date of receiving the information about a child, take all measures to place the child into a Russian family residing in Russia. If it is impossible to place the child with a family, the Local Body of Trusteeship and Guardianship must transmit the information about this child to the appropriate Regional Body of Executive Power (Regional database) (Attorney's comment: Sometimes it takes place with significant delays from several months to years. Some children have never been registered). 4. The Regional authority (Regional Databank of Children) WITHIN A MONTH after the date of receiving the information about the child, must organize his (her) placement in the family of citizens living within the Russian Federation. In the absence of such possibility the information must be forward to for registration to the next level, the Federal Databank. (Attorney's comment: Sometimes it takes place with significant delays from several months to years). 5. Children can be placed for adoption with citizens of the Russian Federation continuously residing outside the Russian Federation, or with foreign citizens or stateless persons who are not the relatives of these children, after the expiration of SIX MONTHS following the date when the information about such children was received by the Federal Databank of Children. So, if you simply count the required months, you can see that if all officials will follow the Law requirements, the earliest a child can be adopted by foreign citizens is EIGHT-AND-A-HALF MONTHS OLD. Irina M. O'Rear Russian Attorney Tampa, FL

Here is the official text of the Family Law of the Russian Federation AFTER the Amendments will go into force. All text in RED indicate the new changes: THE FAMILY CODE

OF THE RUSSIAN FEDERATION

(Excerpts) With Amendments on December 28, 2004 Effective from January 10, 2005 Article 122. The detection and registration of children who have been left without parental custody. 1. The officials of different establishments (preschool educational institutions, general educational institutions, medical institutions and other related facilities) and other persons who have the information about the children, specified in clause 1 of article 121 of this Code are obligated to inform the Bodies of Trusteeship and Guardianship corresponding to the place where the children are actually present. The Body of Trusteeship and Guardianship is obligated within three days after the date of receiving this information to conduct the study of the childs living conditions and, in case of fact-finding that there is the absence of parental custody or other relativesҒ care, to provide the protection of rights and interests of the child up to the decision about the placement of the child. 2. Heads of educational institutions, medical institutions, establishments of the social protection of the population and other similar establishments, in which there are children who have been left without parental custody, shall inform about the child, The Body of Trusteeship and Guardianship corresponding to the place where this establishment is situated within seven days after the day they knew, that the child may be placed with a family. 3. The Body of Trusteeship and Guardianship must provide the placement of the child (article 123 of this Code) within a month after the date of receiving the information indicated in clauses 1 and 2 of this article. If it is impossible to place the child with a family, it shall transmit the information about this child to the appropriate Body of Executive Power of the subject of the Russian Federation after the expiration of the given period. Within a month after the date of receiving the information about the child, the Body of Executive Power of the subject of the Russian Federation shall organize his (her) placement in the family of citizens living within this subject of the Russian Federation. In the absence of such possibility it shall forward the said information to a Federal Body of Executive Power appointed by the Government of the Russian Federation, for registration in the Federal Databank of Children Without Parental Custody and for the ministration in the following placement of the child in the family of citizens of the Russian Federation residing within the Russian Federation. All Regional Databanks of Children Without Parental Custody, and the Federal Databank of Children Without Parental Custody together make the State (National) Databank of Children Without Parental Custody. The procedure of the formation and use of the State Databank of Children Without Parental Custody is defined by the Federal Law. 4. Heads of the orphanage institutions and officials of the authorities indicated in clauses 2 and 3 of this article shall be made accountable in the statutory order for the non-execution of their duties, provided by clauses 2 and 3 of this article, and for giving a certainly doubtful information, and also for other actions, directed at concealment of the child from placement in a family. Article 124. Children eligible for adoption. 1. Adoption is the priority form of the placement of children who have been left without parental custody. 2. Adoption is allowed in regard to children under 18 years of age and only in their interests pursuant to the requirements of paragraph 3 of clause 1 of article 123 of the present Code, and also considering the possibilities to provide children with a well-rounded, proper, physical, mental, intellectual and moral development. 3. The adoption of siblings by different persons is not allowed, except for the cases, when the adoption is in the best interests of the children. 4. The adoption of children by foreign citizens or stateless persons is allowed only in the cases, if it is obviously not possible to place these children with the families of citizens of the Russian Federation continuously residing within the Russian Federation, or for adoption to the relatives of the children irrespective of the citizenship and the place of residence of these relatives. Children can be placed for adoption with the citizens of the Russian Federation continuously residing outside the Russian Federation, or with foreign citizens or stateless persons who are not the relatives of these children, after the expiration of six months following the date when the information about such children was received by the Federal Databank of Children Without Parental Custody as provided by clause 3 of article 122 of the present Code. Article 127. Persons who may adopt 1. Persons of either sex who are eighteen years of age or older may be adoptive parents except for: - persons recognized by Court as incapable or partially capable; - marital partners, if one of them is recognized by Court as incapable or partially capable; - persons having their parental rights removed by the Court; - persons disqualified by the Court from their responsibilities of guardian (the trustee) for inadequate execution of the responsibilities assigned to them by the law; - former adoptive parents, if a previous adoption was annulled by the Court through their fault; - persons, who cannot realize their parental rights due to their state of health. - persons, who at the moment of granting the adoption have no income providing for the adopted child the cost of living, determined in the subject of the Russian Federation where the adoptive parents (parent) live; - persons who do not have a permanent place of residence; - persons having, at the moment of granting the adoption, a previous conviction for an intentional crime against the life or health of human beings. 1-1. At the time of rendering the Court Decision on the adoption of the child, the Court has the right to recede from the conditions established by paragraphs eight and eleven, item 1 of the present Article, in view of the best interest of the adopted child and worthy circumstances.

1-2. The conditions established by paragraphs eight and eleven of item 1 of the present Article, do not refer to the stepfather (stepmother) of the adopted child. 2. Persons, who are not married to each other, cannot jointly adopt the same child. 3. If there are several persons wishing to adopt the same child, the priority right is granted to the relatives of the child provided that the requirements of clauses 1 and 2 of this article and the interests of the child being adopted are necessarily observed. Article 135. The change of the date and place of birth of the adopted child 1. To ensure the privacy of adoption the date of birth of the adopted child may be changed at the request of the adoptive parent, but not more than to three months, his (her) birthplace may also be changed. The change of the date of birth of the adopted child is authorized only if the adopted child is less than one year of age. For the reasons recognized be Court as valid, the change of date of the birth of the adopted child can be authorized upon adoption of the child who has reached the age of one year or older. 2. The change of the date and place of birth of the adopted child shall be incorporated in the Court decision of adoption. Irina M. O'Rear Russian Attorney Tampa, FL