Adoption step by step

• Marriage and Family Code;

• Decree of the President of the Republic of Belarus of 26.04.2010 No. 200 "On administrative procedures carried out by state bodies and other organizations on the applications of citizens" (hereinafter - Decree No. 200);

• Civil Procedure Code of the Republic of Belarus of January 11, 1999 No. 238-Z (hereinafter - CPC);

• Regulations on the procedure for the transfer of children for adoption and control over the living conditions and upbringing of children in the families of adoptive parents in the territory of the Republic of Belarus, approved by the Resolution of the Council of Ministers of the Republic of Belarus of 28.02.2006 No. 290 (hereinafter - Regulation No. 290);

• Resolution of the Council of Ministers of the Republic of Belarus of 14.12.2005 No. 1454 "On the procedure for organizing work with citizens in the bodies registering acts of civil status, on the issuance of certificates or other documents containing confirmation of facts of legal significance";

• Resolution of the Plenum of the Supreme Court of the Republic of Belarus of 20.12.2000 No. 9 "On judicial practice in cases of adoption";

• Resolution of the Ministry of Education of the Republic of Belarus of 12.03.2007 No. 20 "On certain issues of adoption, establishment of guardianship, guardianship of children, transfer of children for foster care, family-type orphanage, foster care, return of children to parents" (hereinafter - Resolution No. 20).

Step 1. Collection of documents, receipt of an act of examination of the living conditions of a candidate for adoptive parents (foster parents)

Candidates for adoptive parents (foster parents) must undergo a medical examination at the place of residence and obtain a medical certificate of health. The form and procedure for issuing such a certificate are determined by the Resolution of the Ministry of Health of the Republic of Belarus dated 09.07.2010 No. 92. This certificate is valid for 1 year. The certificate must contain a conclusion on the presence (absence) of diseases in which persons cannot be candidates for adoptive parents (the list of diseases is established by the Resolution of the Ministry of Health of the Republic of Belarus of 15.12.2017 No. 108).

At the place of work it is necessary to obtain: a certificate of the place of work, service and position of the candidate for adoptive parents (the standard form of the certificate is approved by the resolution of the Ministry of Labor and Social Protection of the Republic of Belarus of 05.10.2010 No. 140 (Appendix 1)); information on the income of the candidate for adoptive parents (foster parents) for the year preceding adoption.

Candidates for adoptive parents must apply to local governments and local governments to obtain an act of examination of living conditions.

In accordance with paragraph 4.1 of the list of administrative procedures carried out by state bodies and organizations on the applications of citizens, approved by Decree No. 200 (hereinafter - the list of administrative procedures), in order to receive an examination report, candidates for adoptive parents (foster parents) need the following documents:

• application;

• passport or other document certifying the identity of the candidate for adoptive parents (foster parents);

• marriage certificate of a candidate for adoptive parents (foster parents) - in case of adoption of a child by a married person;

• written consent of one of the spouses for adoption - in case of adoption of a child by the other spouse;

• medical certificate of the state of health of the candidate for adoptive parents (foster parents);

• certificate of the place of work, service and position of the candidate for adoptive parents (foster parents);

• information on the income of the candidate for adoptive parents (foster parents) for the year preceding adoption.

After the candidate's appeal, the departments of education conduct or organize psychological diagnostics and training of candidates for adoptive parents (foster parents). If the adoption of a child is applied for by a stepfather (stepmother), grandfather or grandmother, psychological diagnostics and training of candidates for adoptive parents (foster parents) are not carried out.

The results of psychological diagnostics of candidates for adoptive parents (foster parents) are drawn up in the form approved by the Ministry of Education of the Republic of Belarus (Annex 1 to Resolution No. 20) and are included in the examination report. At the request of candidates for adoptive parents (foster parents), psychological diagnosis and training can be carried out by specialists of the institution "National Adoption Center of the Ministry of Education of the Republic of Belarus" (hereinafter - the National Adoption Center) in the direction of management (department) of education.

In order to prepare an act of inspection of the management (departments) of education within three days from the date of application of the candidate to adoptive parents (foster parents) request the following information:

- in the absence of a criminal record of a candidate for adoptive parents (foster parents) - from the relevant department of internal affairs of the regional executive committee or the main department of internal affairs of the Minsk city executive committee;

- whether he was deprived of parental rights, whether he was limited in parental rights, whether adoption was previously canceled in respect of him, whether he was recognized as incapacitated or partially capable, - from the court at the place of residence of the candidate for adoptive parents;

- whether the children of the candidate for adoptive parents (foster parents) were recognized as in need of state protection, whether the candidate for adoptive parents (foster parents) was removed from the duties of a guardian for improper performance of the duties assigned to him , - if necessary, from the executive and administrative body at the previous place of residence of the candidate for adoptive parents (foster parents);

- a copy of the document confirming the ownership of the candidate for adoptive parents (foster parents) for a dwelling or the right to own and use a dwelling;

- on the state of fire safety of residential premises owned or owned and used by a candidate for adoptive parents (foster parents) (paragraph 6 of Regulation No. 290). This information is also indicated in the inspection report.

Issuance of the act of examination of the living conditions of the candidate for adoptive parents (foster parents) is made within a month from the date of submission of documents. The form of the act of examination of living conditions of candidates for adoptive parents, guardians, foster carers is established by Resolution No. 20 (Annex 2).

The validity of the act is 1 year.

In the presence of an act of examination of the living conditions of a candidate for adoptive parents (foster parents), the selection of a child is carried out by the department of education or (at the request of candidates for adoptive parents) by the National Adoption Center (application form - Annex 13 to Resolution No. 20).

Reference. The Department of Education carries out the selection of a child who meets the needs of candidates for adoptive parents, in children's boarding schools, health care organizations, guardian families, foster families, family-type orphanages located in the territory of the local executive and administrative body.

The National Adoption Centre selects a child in the republican data bank on the adoption of orphans and children left without parental care in residential institutions, health care organizations, guardian families, foster families, family-type orphanages (i.e. located throughout the country) (paragraphs 13, 14 of Regulation No. 290).

Specialists of the National Adoption Center work in all regional centers (see: http://nacedu.by/kontakty for contact phones)

Reference. In the Republic of Belarus, adoptive parents may be persons permanently residing in the Republic of Belarus, regardless of citizenship;

- a document on the absence of a criminal record in the territory of a foreign state of which he is a citizen;

- a document of the competent authorities of a foreign state containing information on whether he was deprived of parental rights or was limited in them, whether he was recognized as incapable or partially capable, whether he was removed from the duties of a guardian for improper performance of the duties assigned to him, whether adoption was previously canceled against him, whether the children of the candidate for adoptive parents were recognized as in need of state protection.

Documents must be legalized and translated into Russian. Translation of documents is certified by a notary

Step 2. Child selection

When selecting a child, candidates for adoptive parents are provided with all available information about the health, development, personal characteristics and special needs of the child, as well as available information about the parents and other relatives of the children.

To get acquainted with the child, the candidate(s) for adoptive parents (foster parents) is given a referral. The refusal of candidates for adoptive parents from adopting a child offered by them does not prevent candidates for adoptive parents (foster parents) from receiving a referral to get acquainted with another child for adoption.

Reference. It is possible to adopt a child who has reached the age of 10 only with their consent, which is revealed by the guardianship and guardianship body (management (department) of education) at his place of residence (location), the consular office of the Republic of Belarus or the court when making a court decision (paragraph 20 of Regulation No. 290, Article 130 of the Code).Consent is issued in the form established by the Ministry of Education of the Republic of Belarus (Appendix 6 to Resolution No. 20).

If, before submitting an application for adoption, the child lived in the family of the adoptive parent and considers him his parent, adoption as an exception may be made without obtaining the consent of the adoptee (Article 130 of the Code).

Step 3. Appeal to the court

Adoption is carried out by the district (city) court at the request of persons wishing to adopt a child, at the place of residence (location) of the child or at the place of residence of the adoptive parents (Article 121 of the Code) (information on the location of the courts can be found on the website of the Supreme Court of the Republic of Belarus: http://court.gov.by/).

The application for adoption of a child (application form - Appendix 15 to Resolution No. 20) must be accompanied by the entire collected package of documents.

Consideration of cases on adoption of a child shall be carried out by the court in the manner of special proceedings according to the rules provided for by the civil procedural legislation of the Republic of Belarus. For consideration of the application it is necessary to pay the state fee in the amount of 2 basic units (paragraph 7 of Appendix 14 to the Tax Code of the Republic of Belarus).

Cases on adoption of children are considered by the court with the obligatory participation of the adoptive parents themselves, the guardianship and guardianship authorities, the prosecutor (Article 122 of the Code).

An application for adoption of a child shall be considered by the court within 15 days from the date of submission to the court of the application of the adoptive parent (foster parents).

The decision enters into force after 15 days (Articles 317, 403 of the CPC)

Adoption is considered to be established from the date of entry into force of the court decision on adoption (Article 122 of the Code).

At the request of the adoptive ants in the interests of the child and on the basis of a court decision, the following may be changed:

• date of birth of the adopted child, but not more than 1 year and not later than the date of recording the birth certificate;

• his place of birth within the Republic of Belarus.

The adopted child may have the surname of the adoptive parent, as well as his own name indicated by him. The patronymic of the adopted child is determined by the adoptive parent's own name, if the adoptive parent is a man, and when adopting a child by a woman - by the own name of the person specified by her as the father of the adopted child, except for cases when the father of the child retains his rights and obligations in relation to the child. If the surnames of the adoptive spouses are different, by agreement of the adoptive spouses, the adopted child is assigned the surname of one of them.

If the adopted child has reached the age of 10, his consent is required to change his surname, first name and patronymic.

The change of the surname, own name, patronymic, date and (or) place of birth of the adopted child is indicated in the court decision on his adoption (Article 132 of the Code). At the same time, the place of birth of an adopted child may be changed to the place of birth within the Republic of Belarus, regardless of the place of his birth.

At the request of adoptive parents, the court may also decide to enter information about adoptive parents (foster parents) in the record of the birth act as parents of the child adopted by them. The need to make such a record is also indicated in the court decision on the adoption of a child (Article 133 of the Code). In case of adoption of a child by an unmarried person, information about the surname of the mother (father) shall be entered in the record of the act of birth of the adopted child by the surname of the adoptive parent, and the proper name and patronymic of the mother (father) of the adopted child shall be recorded on the instructions of the adoptive parent (Article 132 of the Code).

Step 4. Transfer of adopted child

An adopted child is transferred to adoptive parents (foster parents) on the basis of a court decision on the adoption of a child.

The adopted child is handed over to the adoptive parents in a seasonal set of clothes. At the same time, adoptive parents (foster parents) are transferred by act:

• birth certificate of the child;

• extract (copy) from medical documents and a copy of the medical certificate on the state of health of the adopted child;

• documents on education (for school-age children);

• documents about parents (death certificate, court decision and other documents confirming the absence of legal relations between parents and the child);

• Information about the presence and whereabouts of siblings;

• an inventory of the property belonging to the child and information about the persons responsible for its safety (if any);

• a document confirming the child's ownership of a dwelling (its part) (if any);

• other documents available in the child's personal file.

The act of transfer of documents of the adopted child is drawn up in two copies, one of which is kept by the adoptive parents, and the second - in the personal file of the adopted child (Chapter 4 of Regulation No. 290).

Step 5. Adoption Registration

Registration of adoption is an administrative procedure carried out by the registry office on the basis of documents submitted by interested persons in accordance with Chapter 5.7 of the list of administrative procedures for citizens' applications, approved by the Decree of the President of the Republic of Belarus of April 26, 2010 No. 200 "On administrative procedures carried out by state bodies and other organizations on citizens' applications".

Registration of adoption is carried out on the basis of a court decision on the adoption of a child by the bodies registering acts of civil status, at the place of issuance by the court of such a decision or at the place of storage of the record of the birth act of the adopted one at the joint application of the adoptive parents (at the request of the adoptive parent) (Article 216 of the Code).

The application for registration of adoption shall be submitted in writing by the adoptive parents jointly or by one of them.  Registration of adoption through a representative is not allowed.

The basis for registration of adoption is the court decision on adoption which is made by the registry office at the place of adoption decision (Article 216 of the Code).

To register adoption, applicants must submit documents in accordance with Chapter 5.7 of the list of administrative procedures

• application

• passport or other document certifying the identity of the adoptive parent(s);

• birth certificate of the child;

• a copy of the court decision on adoption of a child

Registration is free of charge.

The term of execution of this administrative procedure is 2 days from the date of submission of the application, and in case of request for information and (or) documents from other state bodies, other organizations - 1 month.

When making a record of the act of adoption, all information shall be entered in the record of the act of adoption in accordance with the court decision on adoption.

When adopting a child by an unmarried person, information about the surname of the mother (father) shall be entered in the record of the act on the birth of the adopted child by the surname of the adoptive parent, and the mother (father) of the adopted child shall be recorded by the name of the adoptive parent.

When changing the place of birth of the adopted person, the record of the act of birth of the child is restored by the registry office at the changed place of birth (Article 217 of the Code).

The registry office that made changes to the record of the act of birth of the adopted (the registry office body that restored the record of the act of birth of the adopted) issues a new birth certificate to the adoptive parents or sends it to the adoptive registry office at the place of registration of the adoption for issuance to the adoptive parents.

Reference. Registration of adoption, amendments to the record of the act of birth of the adopted, storage of records of acts on adoption and birth of adopted, as well as other materials related to adoption, shall be carried out in the manner ensuring the preservation of the secrecy of adoption.

(Chapter 5 of the Regulations on the procedure for registration of acts of civil status and issuance of documents and (or) certificates by the bodies registering acts of civil status, approved by the Resolution of the Council of Ministers of the Republic of Belarus of December 14, 2005 No. 1454).

Step 6. Registration of a child at the place of residence

Registration of minors at the place of residence is carried out by adoptive parents (foster parents) at their place of residence no later than one month from the date of entry into force of the court decision on adoption if the minors were previously registered at the place of residence not at the place of residence of the adoptive parents (foster parents), or from the date of arrival at the new place of residence.

To register an adopted child at the place of residence of the adoptive parents, the consent of the owner or tenant of the dwelling is not required (if the adoptive parents are not).

(p.7 of the Regulations on registration of citizens at the place of residence and place of stay, approved by the Decree of the President of the Republic of Belarus of 07.09.2007 No. 413 "On improving the system of registration of citizens at the place of residence and place of stay")

Documents that must be submitted to the passport office of the RSC (Settlement and reference center) or HMS (Housing maintenance service)

Application for registration at the place of residence, certificate of birth of a child, parents' passports, marriage certificate, copies of personal accounts of the father and mother, if the parents have different registration.

Step 7. Appointment of monthly cash payments

According to the Decree of the President of the Republic of Belarus of 30.06.2014 No. 330 "On State Support for Families Who Adopted Children)", monthly cash payments were established for children adopted by persons permanently residing in the territory of the Republic of Belarus. To assign payments, it is necessary to contact the local executive and administrative body (department of education at the place of residence) and in accordance with item 4.2 of the list of administrative procedures provide the following documents:

-application;

-passport or other document certifying the identity of the adoptive parent;

-birth certificates of minor children;

- a copy of the court decision on adoption.

Payments are assigned from the date of submission by one of the adoptive parents or the only adoptive parent of the above documents until the adopted child reaches the age of 16 years.

On the basis of the Decree, the monthly cash payments specified in the first part of this subparagraph shall be appointed from the date of submission by one of the adoptive parents or the only adoptive parent of the documents provided for in paragraph 4.2 of the list of administrative procedures carried out by state bodies and other organizations on the applications of citizens.

Also, persons who have adopted a child aged 3 to 16 years have the right to short-term leave without pay for up to 90 calendar days within 6 months from the date of entry into force of the court decision on adoption. In the case of use by the adoptive parent of short-term leave without pay of at least 30 calendar days, monthly cash payments for the first month falling on such leave shall be paid in double amount when the adoptive parent (foster parent) provides a copy of the leave order to the local executive and administrative body.

Reference. More information can be found on the website of the National Adoption Center  www.nacedu.by

Step 8. Control over the living conditions and upbringing of the adopted child

The Department (Department) of Education shall carry out registration of adopted children living in the territory of the local executive and administrative body, from the date of receipt of the court decision on adoption of the child until they reach the age of majority.

The department (department) of education at the place of actual residence of the adopted child, with the exception of children adopted by the stepfather (stepmother), forms his personal file. To form a personal file, adoptive parents must submit:

• an extract from the court decision on adoption;

• a copy of the child's new birth certificate;

• a copy of the personal account or a certificate of residence and family composition of adoptive activities.

Departments of education at the place of residence of the adopted child shall monitor the living conditions and upbringing of adopted children in the families of adoptive bodies.

Within 3 years  after adoption, at least 1 time a year, the department of education conducts a survey of the living conditions and upbringing of the child. Such a survey can also be carried out by the National Adoption Center. With the consent of the adoptive parents (foster parents) or at their request, employees of social and pedagogical centers (educational psychologist, social pedagogue) can be involved in surveys of the living conditions and upbringing of adopted children (paragraph 29 of Regulation No. 290). The need for examinations of the living conditions and upbringing of adopted children  and the frequency of surveys of the living conditions and upbringing of such children shall be determined by the departments of education at the place of residence of the adopted children.

The act of examination of the living conditions and upbringing of the adopted child is drawn up in the prescribed form (Appendix 9 to Resolution No. 20).

Step 9. Family accompaniment

Adoptive parents can receive advice and assistance on the life and upbringing of an adopted child by contacting the Department of Education, the Social and Pedagogical Center at the place of residence and the National Adoption Center.

On the basis of the National Adoption Center, the work of the club is organized to support adoptive parents (meetings once a month) on topical issues of development and upbringing of children (on request).

Twice a month, group classes are held for adolescent children in order to stabilize the psycho-emotional state, form optimal ways of behavior in conflict situations, develop self-confidence, etc. (on request)

In social networks Facebook, Instagram, Vkontakte you can subscribe to the pages of the National Adoption Center: www.facebook.com/NACBELARUS,  www.instagram.com/ncu_by,  https://t.me/NCUofBelarus, where important information forfamilies of adoptive parents, questions on answers, useful recommendations, etc. are posted.               You can get qualified assistance in the form of consultations, correctional and developmental classes, diagnostic examinations, etc. from educational psychologists, inspectors for child protection of the National Adoption Center.

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