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Expired-the Federal law dated 14.11.2002 N 137-FZ dated December 30, 2008 the RUSSIAN FEDERATION FEDERAL ACT amending and supplementing the code of civil procedure of the RSFSR adopted by the State Duma on July 18, 1996 year, Article 1. In connection with the introduction of the family code of the Russian Federation to amend the code of civil procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1964, N 24, art. 407; 1965, N 51, art. 1291; 1966, no. 32, St. 773; 1968, N 7, art. 252; 1973, N 51, art. 1114; 1974, N 51, art. 1346; 1977, N 24, art. 586; 1980, no. 32, St. 987; 1981, no. 23, art. 800; N 37, art. 1264; N 46, art. 1555; 1984, no. 3, art. 106; 1985, N 5, art. 163; N 9, art. 305; 1986, N 14, art. 413; N 48, art. 1397; 1987, N 9, art. 250; 1988, N 1, art. 1; N 5, art. 137; 1989, N 16, art. 398; Statements of the RSFSR Congress of people's deputies and the Supreme Soviet of the RSFSR, 1991, no. 15, St. 494; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 15, St. 768; N 27, art. 1560; N 30, art. 1794; N 34, art. 1966; 1993, N 17, art. 593; N 22, art. 787; Collection of laws of the Russian Federation, 1995, no. 18, art. 1596; N 49, St. 4696; 1996, N 1, art. 19) the following amendments and supplements: 1. the first part of article 80 shall be amended with paragraph 9-1 to read as follows: "9-1) citizens-when filing in court declarations on the establishment of adoption of the child;".
2. Article 245 shall be amended with paragraph 3-1 as follows: "3-1) on the establishment of adoption of the child;".
3. Add the Code chapter 29-1 with the following content: "chapter 29-1. The ESTABLISHMENT of adoption of the child, article 263-1. The filing of the application for approval of adoption (hereinafter-adoption) of the child are served by persons (person) wishing to adopt a child in the Court of the place of residence (location) of the adopted child.
Article 263-2. The content of the statement in the application for the adoption order must be specified: 1) the surname, forename and patronymic of the adoptive parents (adoptive parents), their place of residence;
2) name, surname and date of birth of the adopted child, his/her place of residence (location), information about the child's parents, his brothers and sisters;
3) the circumstances justifying the request of the adoptive parents (adopter) about adoption, and evidence of those circumstances;
4) a change of surname, name, patronymic of an adopted child, his date of birth (with the adoption of a child under one year of age), the place of birth of the adopted child, the adoptive parents (adoptive parents) in a speech on the birth record as parents (parent)-optionally adoptive parents (adopter) amend the record of birth certificates.
The statement on the establishment of adoption of a child shall be accompanied by: 1) a copy of the birth certificate of the adopter-when a child is adopted by a person who is not married;
2) copy of the marriage certificate of the adoptive parents (adopter)-when a child is adopted by others (person) in marriage;
3) when a child is adopted by one of the spouses, consent of the other spouse or a document confirming that the spouses have ceased marital relations, do not live together for more than a year and place of residence of the other spouse is unknown. If it is not possible to attach to a paper statement in the statement must be shown evidence proving these facts;
4) medical report on the health of the adoptive parents (adopter);
5) certificate from the place of work of the position and wages or a copy of declaration or any other document on income.
6) a document certifying the right to use the dwelling or the property right on the premises;
7) in case of adoption of a child who is a citizen of the Russian Federation, foreign citizens or stateless persons-the documents referred to in paragraphs 1, 2, 4, 5 and 6 of part two of this article, as well as the opinion of the competent authority of the State of nationality of the adoptive parents (if the child is adopted by stateless persons-States in which such persons are domiciled), about their living conditions and the opportunity to be adoptive parents; approval by the competent authority of the State concerned to enter an adopted child and his or her permanent residence in its territory;
8) adoption on the territory of the Russian Federation citizens of the Russian Federation of a child who is a foreign national, the documents specified in paragraphs 1-6 of part two of this article, as well as the consent of the legal representative of the child and the competent authority of the State of which he is, and, if required in accordance with the laws of that State and (or) an international treaty of the Russian Federation, the consent of the child to adoption.
Article 263-3. The actions of the referee after the adoption of the statement by the Judge in preparing the case for trial obliges the tutorship and curatorship at the place of residence (location) of the adopted child to submit to the Court a conclusion about the reasonableness of conformity of intercountry adoption and the child's interests.
To conclude the Agency of guardianship and curatorship shall be accompanied by: 1 the survey of living conditions) Act of adoptive parents (adoptive parents), compiled by the Agency of guardianship and curatorship at the place of residence (location) of the adopted child or the place of residence of the adoptive parents (adopter);
2) birth certificate of an adopted child;
3) medical report on the health, physical and mental development of the child;
4) consent of a child aged 10 and over, for adoption, as well as on possible changes to its name, middle initial, last name and write the adoptive parents (adopter) as his parents (except if such consent in accordance with the law is not required);
5) parental consent of a child to adoption (in the case of teenage parents under the age of sixteen years, consent of their legal representatives, and in their absence, the consent of the Department of custody and guardianship) or a document confirming the existence of one of the circumstances in which, in accordance with article 130 the family code of the Russian Federation is allowed to adopt a child without the consent of his parents;
6) consent for child adoption of his guardian (Trustee), the adoptive parents or the head of the institution where the child is left without parental care;
7) when a child is adopted by citizens of the Russian Federation permanently resident outside the territory of the Russian Federation, foreign nationals or stateless persons who are not relatives of the child, a document confirming the finding of an adopted child on a centralized accounting and its inability to transfer to upbringing in a family of citizens of the Russian Federation permanently resident in the territory of the Russian Federation, or put up for adoption to relatives of the child, regardless of nationality or place of residence of these relatives.
The Court may also require other information.
Article 263-4. Consideration of the application of the case of adoption, the Court shall consider themselves with the obligatory participation of the adoptive parents (adoptive parents), the representative of the Department of custody and guardianship, as well as the Prosecutor.
The Court may, where appropriate, to involve in the parents (parent) an adopted child, his relatives and other interested persons, as well as the child aged 10 years or older.
Cases of adoption, the Court shall consider in a closed court session.
Article 263-5. The Court's decision on the application, the Court, having considered the statement on adoption of the child is essentially renders a decision on the application or refuse to meet in full or in part the request of the adoptive parents (adopter) about recording them as parents (parent) child in a speech about his birth records, as well as on the change of date and place of birth of the child.
In meeting the stated request reciprocal rights and duties of adoptive parents (adoptive parents) and the adopted child are established from the date of entry into force of the court verdict on adoption.
A copy of the Court decision, which establishes the adoption of a child, shall be sent to the Court within three days from the date of entry of the Court decision into legal force in the civil registry authority at the place of judgment for the State registration of adoption of a child. "
Article 2. This federal law shall enter into force on the expiry of thirty days from the day of its official publication.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N August 21, 1996 124-FZ
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