Adoption is one of the most responsible and emotionally significant legal processes. It is not only an opportunity to give a child a family and care, but also a serious legal procedure that requires strict compliance with the legislation of the Republic of Belarus.
The adoption process includes collecting a package of documents, passing checks, obtaining conclusions from guardianship and trusteeship authorities, participating in court hearings, and drawing up all necessary legal acts. Mistakes at any stage can lead to a delay in the process or even a refusal to adopt.
Special requirements are provided for different categories of adoptive parents—Belarusian citizens, foreign citizens, and stateless persons. There are many nuances: checking the material and living conditions, assessing the possibilities for raising a child, observing the priority of the child’s relatives, and observing the peculiarities of international adoption.
Legal support for adoption guarantees the correct and timely execution of all stages of the procedure. An experienced lawyer will competently prepare documents, represent your interests in court, and accompany the process until its full completion.
In this article, we will tell you :
- What are the requirements for adoptive parents in Belarus?
- What is the procedure for formalizing adoption?
- What difficulties may arise at different stages?
- In what cases is the support of a lawyer vital?
If you are planning to adopt a child in Belarus, we recommend that you seek support from our experienced lawyers. We will accompany you along this path, observing all legal norms and in the child’s interests.
What is adoption: legal nature and features
Adoption is a legally established procedure that results in the same legal rights and obligations between the adoptive parent and the child as between parents and their biological children.
According to the Code of the Republic of Belarus on Marriage and Family, adoption is recognized as a priority form of placement for children left without parental care. It aims to create a full-fledged family environment for the child, providing conditions for his upbringing, development, and protection of interests.
Adoption in Belarus takes place through the courts.
After the court decision on adoption comes into force, the child acquires the rights and obligations of a member of the new family. If necessary, he can change his last name, first name, patronymic, and birth certificate entry.
The purpose of adoption is to protect the interests of the child.
The primary purpose of adoption is to protect the rights and legitimate interests of the child.
The rules of law establish that when resolving any issues related to adoption, the interests of the minor, and not the adoptive parents, are put first.
Adoption should ensure the child’s right to live in a family, receive upbringing, education, medical care, and love. It creates conditions for the child’s full physical, mental, and moral development.
What is the difference between adoption and other forms of child placement?
Adoption differs from other forms of child placement, such as guardianship, trusteeship, or foster care, in that it has legal consequences and a degree to which the child is included in the family.
When adopted, a child becomes a full member of the adoptive parents’ family, as if they were their biological child. He has rights to the adoptive parents’ surname, first name, patronymic, rights to inheritance, and complete protection by family law.
Guardianship and trusteeship protect the child’s rights, but no legal relationship with the guardian arises. Guardianship is usually temporary and preserves the child’s legal ties with his biological parents ( if any ). The situation is similar to a foster family—the child is transferred to a family based on an agreement on transfer for upbringing, but remains legally independent.
Thus, adoption is a form of child placement that is as close as possible to natural family relationships and provides the child with stable legal and family protection permanently.
Who can be an adoptive parent?
The legal norms of the Republic of Belarus establish strict requirements for persons who want to adopt a child.
Adoptive parents may be competent adults who can ensure the full development and upbringing of a child based on their personal and moral qualities, health, family, and financial situation.
The main requirements for adoptive parents include:
- Age—There is no direct age limit for adoptive parents. The adoptive parent must be legally capable, meaning they must be at least 18. However, the age difference between the adoptive parent and the adopted child must be no less than 16 years and no more than 45 years. For valid reasons, the court may reduce or increase the age difference.
- Legal capacity—A person must fully possess civil legal capacity, that is, be capable of acquiring rights and obligations through their actions.
- No criminal record—The candidate must not have a criminal record for intentional crimes or intentional serious or especially serious crimes against a person.
- Health status – Adoptive parents must be physically and mentally healthy. There is a list of diseases that make it impossible to be adoptive parents.
- Housing and material conditions—The adoptive parent is obliged to provide the child with the conditions necessary for living, education, upbringing, and development. However, separate housing is not always necessary; it is important that living conditions generally comply with the requirements of the guardianship authorities.
- Family relationship with the child – Relatives of the child have an advantage in adoption, provided that the child’s interests are respected.
Restrictions for adoptive parents
Some people cannot adopt children. The following cannot be adoptive parents:
- Persons deprived of parental rights.
- Citizens with limited parental rights.
- Persons who suffer from serious illnesses that prevent them from fulfilling their responsibilities in raising a child.
- Persons who are chronically addicted to alcohol, drugs, or toxic substances.
- Persons who do not have a permanent place of residence and housing that meets established sanitary and technical requirements.
- When one of the spouses is recognized as incompetent or partially incompetent, such a family cannot adopt a child.
- Persons who, at the time of adoption, do not have an income that would allow them to provide the child with a living wage.
- Persons who have been removed from guardianship or trusteeship.
- Unmarried persons cannot jointly adopt a child.
Adoption may also be denied if the guardianship authorities determine that the candidate, based on their characteristics or behavior, is not capable of ensuring the successful development of the child.
National Adoption Center
The National Adoption Center (NAC), under the Ministry of Education of the Republic of Belarus, is a specialized state organization coordinating the country’s adoption process.
If the adoption concerns children who are in state care, or if the adoptive parents are foreign citizens, the participation of the Center is mandatory.
Main functions of the National Adoption Centre
The National Adoption Center performs the following tasks:
- Keeps records of children left without parental care.
- Collects and stores information about potential adoptive parents.
- Provides methodological and advisory assistance to citizens who wish to adopt a child.
- Organizes training for candidates for adoption ( preparatory courses are mandatory ).
- Monitors compliance with the rights of children placed for adoption, including through subsequent support of families.
- Interacts with guardianship and trusteeship authorities on adoption issues.
How does adoption through the NCU work?
1. Submission of documents
Citizens wishing to adopt a child apply to the territorial guardianship and trusteeship authorities at their residence. After the initial check, their case is transferred to the National AdoptionCenter.
2. Training
Candidates take mandatory courses to prepare for adoption, which help them understand the specifics of raising an adopted child, their psychological needs, and possible adaptation difficulties.
3. Selecting a Child
After successfully completing training, candidates may be introduced to information about children available for adoption. The selection of a child is carried out taking into account the wishes of the adoptive parents but strictly observing the interests of the child themselves.
4. Organizing meetings
Organized meetings are held between the candidate and the child, which help to establish emotional contact.
5. Court procedure
Once stable contact between the candidate and the child has been established, the documents are sent to the court to consider the adoption case.
6. Post-Adoption Monitoring
The National Adoption Centre and guardianship authorities monitor the child’s living conditions and upbringing in the new family for a specified period of time to ensure that the child’s rights are protected and that his or her well-being is ensured.
The role of the National Adoption Center in international procedures
If the adoptive parents are foreign citizens or citizens of Belarus who permanently reside outside the country, the adoption must occur through the NCU.
The Center controls the entire process, ensures compliance with legal norms, and interacts with other states’ competent authorities to ensure the legality of the adoption and the subsequent protection of the child’s rights abroad.
Consent of parents, guardians, and trustees for adoption
Without the consent of the biological parents, the child can be adopted in cases where the parents are unknown, deprived of parental rights, recognized by the court as incompetent, missing, or deceased.
In other cases, written consent from the parents is required to adopt a child. Consent can be given after the child is born. It can indicate a specific person who can be the adopter or give consent without indicating a particular person.
The consent statement is certified by a notary or by the head of the institution where the child is located or the guardianship and trusteeship authority at the place of adoption or the place of residence of the parents. Consent can be expressed in court upon adoption. Before the court makes a decision on adoption, the parents can revoke their consent.
Written consent for adoption must be obtained from the guardian or trustee of orphans or children left without parental care. In the interests of the child, the court may permit his adoption without the consent of the guardian or trustee.
Our family lawyer will advise you on all issues related to parents’, guardians’, and trustees’ consent to adoption and the revocation of such consent.
The Mystery of Adoption
The secrecy of adoption is one of the most essential rights of both the child and the adoptive parents, enshrined in legal norms.
Protecting the secrecy of adoption is aimed at ensuring the psychological comfort of the child, maintaining family privacy, and preventing interference by outsiders in the family’s personal life.
Disclosure of information about adoption without the consent of the adoptive parents is not permitted.
The secret of adoption is protected by law, and persons who become aware of such information while performing official duties (for example, employees of guardianship authorities, the court, the registry office, and medical workers) are obliged to maintain it.
Who keeps the secret of adoption?
- Guardianship and trusteeship authorities.
- Courts.
- Employees of the civil registry office.
- Medical and educational institutions.
- All persons who became aware of the information in performing their professional duties.
These individuals are legally responsible for disclosing information without the adoptive parents’ consent or court approval.
Disclosure of the secret of adoption is possible only in exceptional cases:
- If it is deemed necessary by a court order in the child’s interests.
- At the initiative of the adopted child who has reached the age of majority.
Thus, in most situations, the right to maintain confidentiality belongs entirely to the adoptive parents and, subsequently, to the child.
Responsibility for violation of the secrecy of adoption
The secret of adoption without legal grounds entails civil, administrative, and even criminal liability, depending on the severity of the consequences for the adopted child and his family.
In case of violation of the rights of adoptive parents or the child, you can go to court to protect your interests.
Practical recommendations
Always consult a lawyer if you need to inform third parties about adoption.
All documents containing information about adoption must be kept with special care.
When receiving questions from educational, medical, and other organizations, it is advisable to clarify the procedure for interaction in advance to avoid unnecessary disclosure.
Our lawyers are ready to advise you on issues related to maintaining the secrecy of adoption and to provide assistance in the event of a breach of that secrecy.
Adoption procedure in Belarus
The adoption process in Belarus is strictly regulated by law and includes several mandatory stages. Accompanied by an experienced lawyer at each stage, the process helps to avoid mistakes, correctly complete all documents, and protect the interests of the adoptive parents and the child.
Step 1: Applying to the guardianship and trusteeship authorities
The first step is to contact the territorial guardianship and trusteeship authority at your place of residence with a statement of your desire to adopt a child. The application is accompanied by a package of documents confirming the applicant’s identity, marital status, financial situation, and housing situation.
Our lawyer can competently prepare an application and assist in collecting the necessary documents by established requirements.
Step 2: Undergoing a Living Conditions Survey
After accepting the application, guardianship authorities examine the candidates’ living conditions. They evaluate housing conditions, financial situation, the nature of family relationships, and psychological readiness for adoption.
If necessary, our lawyer will recommend preparing for a specialist visit so that the examination procedure goes smoothly.
Step 3: Obtaining a conclusion on the possibility of being an adoptive parent
Based on the examination results, a conclusion is issued on the possibility or impossibility of being an adoptive parent. A positive conclusion is valid for one year.
At this stage, our lawyer will check the conclusion’s correctness and help promptly eliminate any possible shortcomings.
Step 4: Selecting a Child for Adoption
If the conclusion is positive, candidates are given access to information about children subject to adoption through guardianship authorities or the National Adoption Center. Meetings with the child are organized to establish emotional contact.
Our lawyer will advise on the legal aspects of choosing a child and help evaluate the specifics of further registration.
Step 5: Filing a claim in court
After establishing contact with the child and obtaining the parties’ consent, a statement of claim for adoption is prepared, which is submitted to the court.
Our lawyer will professionally draft the claim, attach all necessary documents, and ensure their correct submission.
Step 6: Court hearing and adoption decision
The court considers the adoption case in a closed session, with the obligatory participation of representatives of the guardianship authorities. The main criterion is the observance of the child’s interests.
A lawyer will represent your interests in court, prepare you for possible questions, and help you pass the court hearing.
In court, children who have reached the age of 10 are asked for consent to adoption. When a child lives in the adoptive family, then, as an exception, adoption is possible without the child’s consent.
Stage 7: State registration of adoption in the Civil Registry Office
After the court decision comes into legal force, the adoption is subject to state registration in the civil registry office. In the child’s birth certificate, you can change his first name, patronymic, last name, and information about his parents.
Our lawyer will advise you on registration matters.
Conclusion
Adoption is a serious and responsible step aimed at protecting the rights and interests of a child and creating a loving family for him. The legal norms of Belarus establish precise requirements for candidates for adoptive parents and regulate the entire process, from applying to the state registration of adoption.
Each stage requires careful preparation and compliance with legal formalities. The observance of the secrecy of adoption is significant, as the state protects it and requires careful handling.
To avoid mistakes, speed up the process, and protect your rights, we recommend that you seek advice and support from our experienced lawyers. We will help you undergo the adoption procedure confidently and competently, providing legal support at all stages.
Contact us
If you have any questions related to adoption of children, we will be happy to help! Our long-term experience will help you choose a lawyer to represent your interests.
- +37529142-27-19 (WhatsApp, Viber, Telegram);
- info@ambylegal.by.
