Abstract
This article discusses the development of legislation on adoption of children in the Russian Federation. Results were obtained from the analysis, in the historical and modern aspects, of the legislation on adoption of children that allows us identify the problems associated with the regulations on the children-orphans adoption in the family.The results of the court statistics demonstrated that almost every second child adopted by Russian citizens is returned to authorized guardianship bodies. However, adoption of children by foreign citizens or non-resident persons shall be allowed only in the cases of absolute impossibility in granting adoption to permanent residents of the Russian Federation or to the children's relatives.The article formulates the improvement tendencies in the adoption legislation of the children: creating a system for an open adoption, simplifying adoption establishment procedures, improving mechanisms in legal, organizational, and psychological support of Russian citizens intending to adopt children.The results will be useful for those who are interested in the process of adoption, lawyers, representatives of the guardianship, and family members.
Highlights
Regulatory issues concerning children adoption have existed throughout all historical stages and are common to all legal systems
The placement of children, without parental care, to an adoption family is governed by international instruments and national legislation
According to Article 20 of the Convention, “Concerning the Rights of a child,” it is determined that “a child, whose family environment is temporarily or permanently disabled or there is no opportunity to live in that environment on his own best interests, shall be entitled to special protection and assistance provided by the state” (Konventsiya, 1993)
Summary
Regulatory issues concerning children adoption have existed throughout all historical stages and are common to all legal systems. Clarification of certain issues concerning the adoption (including the adoption of Russian children by foreigners) is approved by the Supreme Court in Resolution (2006) “Concerning implementation of legislation in cases on adoption” on April 20, 2006.
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