On Introducing Changes And Additions Into The Family Code Of The Russian Federation

Original Language Title: О внесении изменений и дополнений в Семейный кодекс Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102053871

RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the family code of the Russian Federation adopted by the State Duma on June 5, 1998 the year approved by the Federation Council June 10, 1998 year Article 1. In order to ensure the rights and lawful interests of children for adoption and adopted children, increasing State control over adoptions to amend the family code of the Russian Federation (collection of laws of the Russian Federation, 1996, no. 1, item 16) the following amendments and supplements: 1. In article 122, paragraph 3 shall be amended as follows: "3. The guardianship and tutorship agency within one month from the date of receipt of the information referred to in paragraphs 1 and 2 of this article provides placement of the child (article 123 of this code) and in case of impossibility to transfer the child to a family for rearing sends information about one such child after the expiry of the relevant body of executive authorities of the Russian Federation.
The Executive authority of the Russian Federation within one month from the date of receipt of the information about the child organizes its device in a family of citizens residing in the territory of the Russian Federation, and failing that sends the information to the federal body of executive power, defined by the Government of the Russian Federation, for incorporation into the State databank on children left without parental care, and to assist in the subsequent placing a child in the care of a family of citizens of the Russian Federation permanently resident in the territory of the Russian Federation.
The procedure for the formation and use of the State databank on children left without parental care shall be determined by federal law. ";
in paragraph 4, the words "the heads of the agencies referred to in paragraph 2 of this article, as well as officials of the executive authorities of the constituent entities of the Russian Federation and the tutorship and guardianship agencies" were replaced by the words "heads of agencies and officials referred to in paragraphs 2 and 3 of this article".
2. In article 124: in paragraph 1, delete the words "or adoption (hereinafter-adoption)" and to add after the words "on their behalf" with the words "in accordance with the requirements of paragraph 1 of the third paragraph of article 123 of this code, as well as taking into account the possibilities to ensure children full physical, mental, spiritual and moral development.";
in the second subparagraph of paragraph 3, the words "productions on the central register these children" were replaced by the words "income information on such children into the State databank on children left without parental care,";
to complement the new paragraph 1 as follows: "1. Adoption (hereinafter-adoption) is a form of placement of children deprived of parental care.";
paragraphs 1, 2 and 3 respectively considered paragraphs 2, 3 and 4.
3. Article 125: second paragraph of paragraph 1 shall be amended as follows: "the case of the adoption of children by a court with compulsory participation of the adoptive parents, agencies of tutorship and guardianship, as well as Prosecutor.";
to complement the new paragraph 2 as follows: "2. in order to achieve the adoption of a child requires an opinion of a tutorship and guardianship agency on the validity of the adoption and of its conformity to the interests of the adopted child with information about personal communication adoptive parents (adopter) with an adoptable child.
The order of placement of children for adoption, as well as monitoring the living conditions and upbringing of children in their adoptive families in the territory of the Russian Federation shall be determined by the Government of the Russian Federation. ";
paragraph 2 as subclause 3.
4. The code shall be supplemented with article 126-1 as follows: "article 126-1. Inadmissibility of brokering adoptions 1. Intermediary activity to child adoption, i.e. any activity of others for the purpose of selection and placement of children for adoption on behalf and for the benefit of persons wishing to adopt children is not allowed.
2. Is not brokering adoptions work tutorship and guardianship authorities and the executive authorities to fulfil their duties to identify and children deprived of parental care, as well as the activities of specially authorized bodies of foreign States or organizations on the adoption of children, which takes place on the territory of the Russian Federation in force of the International Treaty of the Russian Federation or on the basis of the principle of reciprocity. Bodies and organizations referred to in this paragraph may not pursue commercial objectives in their activities.
The order among the organs and organizations of foreign States on the adoption of children in the territory of the Russian Federation and the procedure for its implementation shall be established by the Government of the Russian Federation on the recommendation of the Ministry of Justice of the Russian Federation and the Ministry of Foreign Affairs of the Russian Federation.

3. Obligatory personal participation of individuals (persons) wishing to adopt a child in the adoption process does not deprive them of the right to have a representative at the same time, the rights and obligations which are established civil and civil procedural law, as well as to use the services of an interpreter where necessary.
4. Responsibility for the implementation of the brokering adoptions is established by legislation of the Russian Federation. "
5. In article 127, paragraph 1 complement paragraphs eighth, ninth, tenth, to read: "persons who, at the time of adoption do not have income that provides the adoptee child subsistence minimum established in the constituent entities of the Russian Federation, residing on the territory of which the adoptive parents (adopter);
persons without a permanent place of residence, as well as a dwelling that meets the established sanitary and technical requirements;
individuals with adoption at the time of conviction for premeditated offence against the life or health of citizens. ";
supplemented by paragraph 3 to read as follows: "3. If several persons wishing to adopt the same child, the right of priority shall be accorded to the relatives of a child subject to compulsory compliance with the requirements of paragraphs 1 and 2 of this article and the interests of the adopted child.
6. Article 129, paragraph 3 shall be amended as follows: "3. Parents can give consent for child adoption by a certain person or without specifying a particular person. Parents ' consent for child adoption can be given only after his birth ".
7. Article 165: paragraph 1: in the second paragraph, the words "124-126 and 129-132" were replaced by the words "124-126, 127 articles (with the exception of paragraph 1 of the eighth preambular paragraph), articles 128 and 129, article 130 (with the exception of the fifth paragraph), articles 131-133"; After the words "the present Code" add the words "subject to the provisions of the International Treaty of the Russian Federation on international cooperation in respect of intercountry adoption of children.";
to complement the new third subparagraph to read as follows: "adoption in the Russian Federation by foreign nationals or stateless persons married citizens of the Russian Federation, children who are citizens of the Russian Federation, is made in the manner prescribed by this code for citizens of the Russian Federation, unless otherwise stipulated by an international treaty of the Russian Federation.";
paragraph three considered the fourth paragraph;
complemented by a new paragraph 3 to read as follows: "3. the protection of the rights and legitimate interests of children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons, outside the territory of the Russian Federation, unless otherwise stipulated by an international treaty of the Russian Federation, within the limits permitted by international law, consular institutions of the Russian Federation, in which these children are registered until they reach adulthood.
The order of registration of the consulates of the Russian Federation children who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons, shall be determined by the Government of the Russian Federation. ";
paragraph 3 as subclause 4.
Article 2. This federal law shall enter into force on the day of its official publication, with the exception of the second paragraph of paragraph 2 of article 125, paragraph 2 of the second paragraph of article 126-1, paragraph 3 of the second paragraph of article 165, which come into force from the day of official publication of the relevant normative legal acts of the Government of the Russian Federation.
Pending the enactment of the Federal law on the order of formation and use of the State databank on children left without parental care, holds the Government of the Russian Federation, the procedure for keeping a central register of children deprived of parental care, which operates in part, does not contradict this federal law.
Article 3. The President of the Russian Federation and the Government of the Russian Federation to bring its normative acts in compliance with this federal law.
Continue to bring regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation in accordance with this federal law these acts apply insofar as they do not contradict this federal law.
Article 4. To recommend to the Government of the Russian Federation to initiate the conclusion of international treaties of the Russian Federation on international cooperation in respect of intercountry adoption of children while ensuring the monitoring of the living conditions and upbringing of adopted children who are citizens of the Russian Federation outside the territory of the Russian Federation.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N June 27, 1998 94-FZ