To the Question of Legal Regulation of International Adoption

Abstract

He article is devoted to the actual problem of foreign adoption in international and national law, the legislation of foreign countries. The subject of research in this article is the norms of international law, Russian and foreign legislation governing the process of adoption of Russian children by foreign citizens. The Author considers the international experience, as well as the ratio of international and national law in the field of adoption. The сharacteristic features of the activities of judicial bodies and guardianship and trusteeship bodies in foreign countries are identified and described. The Author analyzes the provisions of the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Family Code of the Russian Federation, the Federal Law “On the state data bank on children without parental care”, the Convention on the Rights of the Child, the Convention on Jurisdiction, Applicable Law and recognition of decisions on adoption and the Convention on the Protection of Children and Cooperation in Respect of Foreign Adoption, other domestic and foreign regulatory acts regulating the basis of the institution of international adoption. Based on the study, the Author concludes that it is necessary to control the competent authorities implementing the international adoption procedure, as well as to refer to the experience of foreign countries in creating a specialized court that deals with adoption cases and exercising control over the activities of the guardianship authorities, and according to in a number of states, which will allow the Russian legislator to help strengthen the position of the family institution in our country.