Overtaken by Federal Law N 137-FZ RUSSIAN FEDERATION FEDERAL LAW On introducing amendments and additions to the Code of Civil Procedure of the RSFSR , adopted by the State Duma on 18 July 1996
Article 1. In connection with the introduction of the Family Code of the Russian Federation to RSFSR Code of Civil Procedure, 1964, N 24, p. 407; 1965, N 51, est. 1291; 1966, N 32, sect. 773; 1968, N 7, sect. 252; 1973, N 51, sect. 1114; 1974, N 51, sect. 1346; 1977, N 24, sect. 586; 1980, N 32, sect. 987; 1981, No. 23, sect. 800; N 37, 100. 1264; N 46, sect. 1555; 1984, N 3, sect. 106; 1985, N 5, sect. 163; N 9, est. 305; 1986, No. 14, sect. 413; N 48, sect. 1397; 1987, N 9, sect. 250; 1988, N 1, est. 1; N 5, est. 137; 1989, N 16, sect. 398; Statements of Congress of People's Deputies of the RSFSR and Supreme Soviet of the RSFSR, 1991, N 15, Art. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 768; N 27, est. 1560; N 30, sect. 1794; N 34, st. 1966; 1993, 593; N 22, est. 787; Legislative Assembly of the Russian Federation, 1995, No. 18, art. 1596; N 49, sect. 4696; 1996, N 1, sect. 19) the following changes and additions: 1. Part one of article 80 to supplement paragraph 9-1 as follows: "9-1) to citizens-when applying to a court for adoption of a child;". 2. Article 245, supplement paragraph 3-1 as follows: "3-1) on the adoption of a child;". 3. Supplement the Code with Chapter 29-1 as follows: " CHAPTER 29-1. ESTABLISHMENT OF THE MARKET (CERTIFICATE) CHILD Article 263-1. Application Application for adoption (adoption) of a child is submitted by the person (s) who wish to adopt the child to the court of the place of residence (stay) of the adopted child. Article 263-2. The content of the statement In a statement to establish the adoption of a child must be specified: 1) the surname, first name, patronymic of the adoptive parents (adopter), place of residence; 2) surname, first name, patronymic and date of birth An adopted child, his place of residence (residence), information about the parents of the adopted child, his brothers and sisters; (3) the circumstances justifying the request of the adoptive parents (adopter) to establish the adoption of a child, and evidence supporting these circumstances; 4) A request to change the surname, first name, patronymic of the adopted child, the date of birth (adoption of a child before the year), the place of birth of the adopted child, the entry of the adoptive parents (the adopter) into the birth registration record as a child Parents (parent)-if the adoptive parents (the adopter) wish to do so, make appropriate changes to the birth record of the child. A copy of the birth certificate of the adopter, when the child is adopted by a non-married person; 2) copy of the marriage certificate shall be attached to the application for adoption of the child: 1) adoptive parents (adoptive parents)-when the child is adopted by a person (s) married; 3) when the child is adopted by one of the spouses, the consent of the other spouse, or a document confirming that the spouses have ceased to have family relations They live together for more than a year and the place of residence of the other spouse is unknown. If it is not possible to attach the document to the application, the statement must contain evidence supporting these facts; 4) medical opinion on the state of health of the adoptive parents (adoptee); 5) help with The place of work on the position and salary, or a copy of the income declaration or other income document. 6) a document confirming the right to use a dwelling or the right to own a dwelling; 7) in the adoption of a child who is a citizen of the Russian Federation, foreign nationals or persons without Citizenship-the documents referred to in paragraphs 1, 2, 4, 5 and 6 of Part Two of this article, as well as the conclusion of the competent authority of the State of which the adoptive parents are nationals (when the child is adopted by stateless persons-the State, in of whom these persons have a permanent place of residence), their living conditions and the possibility of to be adoptive parents; the permission of the competent authority of the State concerned to enter the adopted child and his or her permanent residence in the territory of the Russian Federation; 8) in the adoption on the territory of the Russian Federation by citizens of the Russian Federation The Federation of a child who is a foreign citizen, the documents referred to in paragraphs 1 to 6 of the second part of this article, as well as the consent of the child's legal representative and the competent authority of the State of which he is a national, and, if so, is required under the law of that State and (or) of the Russian Federation, the consent of the child to adoption. Article 263-3. Judge's actions after the application The judge, in preparing the case, requires the guardianship and custody authorities, at the place of residence (stay) of the adopted child, to submit to the court a finding of reasonableness and The conformity of adoption with the interests of the adopted child. To the conclusion of the guardianship and trusteeship body shall be accompanied by: 1) an act of examination of the living conditions of the adoptive parents (the adoptive parent), drawn up by the tutelage and guardianship authority at the place of residence (s) of the adopted child or at the place of residence of the adoptive parents (adopter); (2) birth certificate of the adopted child; 3) medical report on the state of health, physical and mental development of the adopted child; 4) consent of the adopted child who has reached the age of 10 years, Adoption, as well as possible changes in his/her first name, patronymic and surname and recording of adoptive parents (adoptive parents) as his or her parents (except if such consent is not required by law); 5) parental consent Adoption of the Convention on the Rights of the Child and the Convention on the Rights of the Child; the existence of one of the circumstances under which article 130 The Family Code of the Russian Federation allows for the adoption of a child without the consent of its parents; 6) consent to the adoption of the child of his or her guardian, the adoptive parents or the head of the institution in which the child is located, without parental care; 7) in the adoption of a child by citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, foreign nationals or stateless persons who are not The child's relatives are a document confirming the whereabouts of the child. The Convention on the Rights of the Child is used as a basis for this work. of the family. The
Court may require some other information, if necessary. Article 263-4. Consideration of the application of the case of adoption of a child by the court shall be considered by the court with the mandatory participation of the adoptive parents (the adopter), the representative of the tutelage and guardianship authorities, and the procurator.
The court may, where necessary, involve the parents (parent) of the adopted child, relatives and other interested persons, and the child who has reached the age of 10 years. The court considers the adoption of a child in a closed court.
Article 263-5. The Court's decision on the application The Court, having considered the application for the adoption of a child on the merits, shall decide whether to give satisfaction to the application, in whole or in part of the request of the adoptive parents (the adoptive parent) of the child's parents (parent) of the child's birth record and of the change in the date and place of birth of the child. When the request is granted, the mutual rights and obligations of the adoptive parents and the adopted child shall be established from the day of the entry into force of the court's decision on the adoption of the child. A copy of the court decision handed down by the child is sent by the court within three days from the date on which the decision of the court comes into force in the civil registry at the place of delivery of the decision Registration of the adoption of a child. ".
Article 2. This Federal Act shall enter into force 30 days after its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 21 August 1996 N 124-FZ
