Adoption

Adoption - is a special way of parenting, based on the adoption of someone else's child as his own. As a result of adoption, the same rights and obligations arise between the adoptive parent and the adopted child as between biological parents and their children.

Legally capable persons of both sexes can be adoptive parents, with the exception of:

• persons suffering from chronic alcoholism, drug addiction, substance abuse;
• persons who, for health reasons, cannot be adoptive parents;
• persons deprived of parental rights;
• former adoptive parents, if the adoption was canceled due to improper performance of their duties by the adoptive parent;
• persons removed from the duties of a guardian or custodian for improper performance of the duties assigned to them;
• persons with a criminal conviction history, as well as persons convicted of intentional grave or especially grave crimes against a person;
• persons whose children were found to be in need of state protection due to non-fulfillment or improper fulfillment by these persons of their responsibilities for the upbringing and support of children in accordance with part one of Article 851 of this Code of the Republic of Belarus on marriage and family;
• persons who do not have a permanent place of residence, as well as living quarters that meet the established sanitary and technical requirements;
• persons who, at the time of adoption, do not have an income that provides the adopted child with a living wage established in the territory of the Republic of Belarus;
• spouses, one of whom is recognized by the court as incapable or partially incapacitated.

     The list of diseases in the presence of which persons cannot be adoptive parents is established by the Ministry of Health of the Republic of Belarus.

    Unmarried persons cannot jointly adopt the same child.

       If there are several persons wishing to adopt the same child, the priority right is granted to the child's relatives, subject to mandatory compliance with the requirements of this article and the interests of the child being adopted (article of the 125 Code of the Republic of Belarus on Marriage and Family).

       The age difference between the adoptive parent and the child to be adopted must be at least sixteen years old and not more than forty-five years old. When a child is adopted by a stepfather (stepmother), as well as for other reasons recognized by the court as valid, the age difference may be reduced (increased) (Article 126 of the Code of the Republic of Belarus on Marriage and Family).

       Adoption is allowed in relation to orphans, children left without parental care, if they have not acquired full legal capacity.

Children are eligible for adoption if their only (one) or both parents:

• Have died;
• have been deprived of parental rights;
• have given their consent to the adoption of a child;
• have been declared legally incompetent, missing or dead;
• are unknown.

Adoption of siblings by different persons is generally not permitted, unless the adoption is in the best interests of the children.

Separation of brothers and sisters during adoption is possible in the case when the adoptive parents do not insist on keeping the secret of adoption and pledge not to interfere with the communication of the adopted child with brothers and sisters.

In the event of separation of brothers and sisters during adoption, the court imposes on the adoptive parent the obligation to inform the child about his brothers and sisters and their location.

Adoption is allowed for all children regardless of their health condition. The adoptive parent must be provided with all information about the state of health of the adopted child, as well as the available information about the close relatives of the adopted child and the state of their health (Article 120 of the Code of the Republic of Belarus on Marriage and Family).

      For the adoption of a child who has reached the age of ten, their consent is required.

     The child's consent to adoption is revealed by the adoption and guardianship authority, the consular office of the Republic of Belarus or the court when making a court decision.

     If, prior to filing an application for adoption, the child lived in the adoptive parent's family and considers him his parent, adoption as an exception can be made without obtaining the consent of the adoptee (Article 129 of the Code of the Republic of Belarus on Marriage and Family).