Family lawyer

Family lawyers specialize in handling matters such as divorce, child custody, alimony, and property division. They provide professional support and practical solutions tailored to each unique situation. Whether navigating complex family disputes or seeking legal guidance on adoption or guardianship, a family law attorney is dedicated to protecting your rights and securing the best possible outcome. Their expertise ensures a thorough understanding of legal processes, guiding clients through every step with care and integrity. With their help, clients can confidently address family law issues and achieve a favorable resolution.

General conditions for the adoption of children

Persons who permanently reside in Belarus, regardless of their citizenship, can adopt children who are citizens of the Republic of Belarus and foreign children who permanently reside on the territory of Belarus. Citizens of foreign states who live outside the Republic of Belarus can be adoptive parents of children — citizens of the Republic of Belarus with some peculiarities.

Adoption in Belarus takes place on the basis of a court decision. After adoption, the same responsibilities arise between the adoptive parent and the child as between the parent and the child.

It is possible to adopt a child under the age of 18 who has a single parent or both parents:

died,

deprived of parental rights,

consented to the adoption of a child,

recognized in court as incompetent, missing or deceased, unknown.

There are peculiarities in the adoption of brothers and sisters

You can adopt a child with any health condition. The adoptive parent is provided with all the information about the child’s health and the information that is available about close relatives and their health.

Before starting the adoption process, candidates for adoptive parents need to establish communication with the child they want to adopt.

Not everyone can be an adoptive parent (adopter). They cannot be adoptive parents, for example, those who do not have a permanent place of residence, income that provides a child with a living wage established in Belarus, have some diseases.

The child’s relatives have a preferential right to adoption.

The age difference between the child and the adoptive parent (adopter) must be at least 16 years and no more than 45 years. The court can change this difference when a stepmother or stepfather adopts a child.

You can adopt a child from the age of 10 only with his consent.

Adoptive parents — foreign citizens with a residence permit in Belarus

For adoption, a foreign citizen who has a residence permit must obtain a written permission for adoption from the Ministry of Education of the Republic of Belarus.

A republican adoption data bank has been created in Belarus.

Foreign citizens who are not relatives of a child can adopt a child only a year after the data of this child was included in the republican data bank.

When foreign citizens with a residence permit want to adopt a foreign child who lives in Belarus, it is necessary to obtain a written permission from the state authority of the state whose citizenship the child has.

Adoptive parents are foreign citizens

Adoptive parents are foreign citizens with a residence permit in Belarus

A foreign citizen who has a residence permit must obtain a written adoption permit from the Ministry of Education of the Republic of Belarus.

A national adoption data bank has been established in Belarus.

Foreign citizens who are not relatives of a child can adopt a child only one year after the child’s data has been included in the national database.

When foreign citizens with a residence permit want to adopt a foreign child who lives in Belarus, they need to obtain written permission from the state body of the state of which the child has citizenship.

Adoptive parents are foreign citizens who permanently reside abroad in Belarus

Foreign citizens can adopt a child who is a citizen of Belarus if the condition is met, the child is included in the list of children for whom international adoption is possible.

The procedure of international adoption has been agreed between the competent authorities of Belarus and another state. This condition is not required when it comes to the international adoption of a child by his stepfather, stepmother, or other relatives of the child.

Currently, the procedure of international adoption is coordinated only with the Italian Republic. Italian citizens can adopt only those children who are included in the list for international adoption, whom they have repeatedly accepted into their family when a parent-child relationship has developed between the family and the child.

How the court considers the case of adoption

International adoption takes place by the decision of the regional court in the region of the country where the child lives, and in the city of Minsk — by the decision of the Minsk City Court. To begin the judicial review, persons who want to adopt a child submit an application to the court.

In cases of international adoption, the adoptive parents themselves, the prosecutor, representatives of the guardianship authority and the National Adoption Center are present in court.

The guardianship authority prepares for the court an opinion on the validity of the adoption, whether it corresponds to the interests of the child, about the nature of the personal communication of the adoptive parent with the child.

From the date of entry into force of the court decision on adoption, the child is considered adopted.

National Adoption Center in Belarus

The National Adoption Center in Belarus is the main governing body responsible for overseeing adoption processes. It plays a crucial role in controlling and supervising adoption-related activities. The center is authorized to independently assess the living conditions and upbringing of children placed in adoptive families. It also monitors the work of education departments within local executive and administrative authorities.

Affiliated with the Ministry of Education, the center’s key functions include maintaining detailed records of adopted children. Each child has a personal file, securely stored until they reach adulthood.

Cancellation of adoption

Unfortunately, adoption does not always result in a harmonious family dynamic, and there are instances where adoption may need to be canceled.

Adoption can be annulled if the adoptive parent develops a condition that hinders their ability to fulfill parenting duties, is deemed incapable or has limited capacity by the court, or has committed a serious crime. Additionally, failure to properly care for and raise the child, mistreatment, abuse of parental rights, leading the child towards an immoral lifestyle, or other wrongful actions can serve as grounds for canceling the adoption.

Legal consequences of canceling an adoption

The annulment of an adoption has significant legal consequences, as the adoptive parent loses all rights and responsibilities toward the child, similar to the termination of parental rights. This means the adoptive parent no longer has the right to raise the child or receive a pension after the child’s death, nor the right to inherit from the child.

After the adoption is canceled, the child is not legally entitled to inherit from the adoptive parent, except in cases where inheritance is specified in a will. These legal changes highlight the severity of annulling an adoption.

Our Services

International Adoption Consultation

We provide expert guidance on international child adoption, answering all your questions and helping you navigate the legal process for adopting a child from abroad.

Eligibility Assessment

We evaluate whether you qualify to be an adoptive parent for a specific child, considering the legal requirements and suitability for adoption in Belarus.

Adoption Process Analysis

We analyze the potential steps and timeline for your international adoption case, helping you understand the complexities and guiding you through the legal proceedings.

Document Checklist Creation

We prepare a comprehensive list of documents required for your adoption case, ensuring you are fully informed about the necessary paperwork for court submission.

Court Petition Preparation

We draft a well-structured adoption petition for submission to the court, ensuring all legal aspects are covered for a smooth and successful application process.

Court Representation

We represent your interests in court by proxy, ensuring that your case is presented professionally and effectively, with your best interests always at the forefront.

Adoption Eligibility Criteria

Child with Deceased Parents

A child under 18 can be adopted if both parents are deceased, ensuring the child’s welfare is prioritized with a loving, permanent family.

Child with Parental Rights Terminated

A child can be adopted if one or both parents have had their parental rights revoked by the court, making the child eligible for adoption.

Child with Parental Consent

Children whose parents have legally consented to their adoption (or relinquished their parental rights) may be adopted, ensuring the child’s well-being is considered in the process.

Child with Incapacitated or Absent Parents

If a parent is legally declared incompetent, absent without notice, or presumed dead by the court, their child may be eligible for adoption under legal provisions.

Child with Unknown Parents

A child whose parents are unknown, untraceable, or presumed dead can be adopted, ensuring they receive care and protection from a legally recognized adoptive family.

Who Can Be an Adopter in Belarus

Incapacitated or Limited Capacity Individuals

Persons recognized by the court as incapacitated or having limited capacity cannot adopt, as they are unable to fully fulfill parental responsibilities.

Spouses with One Incapacitated Partner

Couples where one spouse has been declared incapacitated or limited in capacity by the court are not eligible to adopt, as adoption requires both spouses’ capability to care for the child.

Individuals with Parental Rights Revoked or Limited

Persons who have been deprived of parental rights or restricted in these rights by the court cannot adopt, as they have demonstrated an inability to properly care for children.

Individuals Removed from Guardian or Custodian Duties

Those removed from their guardian or custodian responsibilities for inadequate performance cannot adopt, as they have failed to meet the necessary caregiving standards.

Former Adoptive Parents with Canceled Adoption

Individuals whose adoption has been canceled by the court due to their fault are not eligible to adopt again, as they have failed to meet the required parental standards.

Individuals Without Sufficient Income

Persons without an income that ensures the child’s minimum living standards set in Belarus are not eligible to adopt, as financial stability is crucial for child welfare.

Individuals Without Permanent Residence or Adequate Housing

Those without a permanent residence or proper housing that meets sanitary and technical standards cannot adopt, as they cannot provide a suitable living environment for the child.

Individuals with Unresolved Criminal Convictions

People with unresolved criminal convictions for intentional crimes, especially serious crimes against a person, are not eligible to adopt due to concerns about safety and wellbeing.

Individuals Whose Health Prevents Parental Responsibilities

Persons whose health prevents them from fulfilling parental duties are not eligible to adopt, as they cannot adequately care for a child’s physical and emotional needs.

Individuals with Children who Need State Protection

People whose children need state protection due to failure to fulfill parental duties cannot adopt, as their previous behavior does not demonstrate sufficient parental capability.

Adoption Process in Belarus

Step 1: Medical Examination & Documentation

Undergo a medical examination and obtain a health certificate from your local clinic. Also, request a work certificate and salary history for the year preceding the adoption.

Step 2: Psychological Evaluation & Preparation

Complete psychological diagnostics and adoption preparation at an authorized social-pedagogical center. You will receive a certificate of readiness based on psychological evaluations and family dynamics.

Step 3: Searching for a Child to Adopt

Upon receiving a positive conclusion, you can begin searching for a child. You will be given access to child profiles and can meet children through authorized centers.

Step 4: Meeting the Child

Once you establish contact with the child, discuss the child’s background, needs, and preferences with specialists. Decide whether you want to proceed with adoption based on this information.

Step 5: Filing for Adoption in Court

If you decide to adopt, submit a petition to the court along with required documents proving your eligibility. The court will review the case and schedule a hearing.

Step 6: Finalizing Adoption

After the court’s decision, collect your child from the institution and register the adoption with the civil registry. Obtain a new birth certificate with your names as parents.

Other Services

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Determining the Child’s Place of Residence

In cases of family disputes, determining a child’s place of residence is essential. Legal advice can help establish which parent the child should live with, considering the child’s best interests and any relevant circumstances. The court takes into account both parents’ living conditions, the child’s relationship with each parent, and any potential risks. Legal professionals can provide guidance to ensure that the child’s rights and welfare are prioritized during custody decisions, assisting in establishing a legal agreement or court ruling.

Determining Alternative Procedures for Child’s Departure

In certain situations, parents may need to determine alternative procedures for a child’s departure from the country, especially when one parent objects. Legal services are available to clarify the process, ensure compliance with Belarusian law, and navigate complex regulations. In cases of disputes over international travel, including vacations or relocations, it is crucial to secure legal permission from the other parent or the court. Lawyers specializing in family law can guide clients through the steps necessary to obtain approval for such travel arrangements.

Termination of Parental Rights

The termination of parental rights is a serious legal process that can occur when a parent fails to fulfill their duties, poses harm to the child, or engages in criminal behavior. It can be initiated by the court or requested by the state in cases of neglect or abuse. Legal professionals assist in navigating this complex process, ensuring that the child’s welfare is prioritized. Termination removes the parent’s legal rights to custody, visitation, and decision-making regarding the child, securing the child’s future in a safe environment.

Children’s Agreement

A children’s agreement is a legal document that outlines parental rights and responsibilities, including custody, visitation, and financial support. It can be used to resolve disputes amicably and avoid the need for court intervention. A well-drafted agreement ensures that both parents are clear on their roles and obligations, preventing future conflicts. Legal assistance is available to draft or review such agreements, ensuring they comply with the law and protect the child’s best interests. Lawyers can help mediate between parents and establish a fair and equitable agreement.

Restoration of Parental Rights

In some cases, parents may seek to restore their parental rights after they have been lost or restricted. Restoration involves legal procedures that require demonstrating to the court that the parent has made significant improvements in their circumstances. Legal representation is essential in these cases to guide parents through the required steps, such as completing rehabilitation programs or meeting specific requirements set by the court. Restoration of parental rights ensures the parent’s ability to regain custody and decision-making power for the child, provided the child’s welfare is safeguarded.

Guardianship and Custody

Guardianship and custody arrangements are vital for the care and protection of children, especially when birth parents are unable to fulfill their parental duties. Legal services assist in securing guardianship or custodianship, which can be granted to a relative or a non-relative who is fit to care for the child. The court evaluates the guardian’s ability to provide a stable and supportive environment. Attorneys specializing in family law guide clients through the legal procedures, ensuring that the best interests of the child are always prioritized in the decision-making process.

Adoption in Belarus

Adopting a child in Belarus involves a thorough legal process that ensures the child’s best interests are protected. This process includes background checks, medical and psychological evaluations, and court hearings. Legal experts assist prospective parents by guiding them through every step, including the collection of required documents, the selection of a child, and the finalization of the adoption in court. Attorneys ensure that all procedures are followed, helping adoptive parents understand their rights and responsibilities while safeguarding the child’s welfare throughout the adoption process.

Limitation of Parental Rights

Limiting parental rights can occur when a parent fails to meet the necessary standards for raising their child or engages in harmful behavior. The court may limit certain parental rights, such as visitation or custody, based on the parent’s ability to provide for the child’s well-being. Legal professionals can help parents understand when and why parental rights may be limited and assist in navigating the legal system to protect the child’s interests. Limiting parental rights ensures that children are not exposed to harm and can live in a safe, supportive environment.

Disputing Parentage Records

In cases where parentage is questioned, legal action may be required to dispute the records, especially when one or both parties believe that the birth certificate or parentage registration is incorrect. Legal representation is necessary to challenge these records in court. Lawyers assist in gathering evidence, presenting arguments, and seeking a ruling that reflects the true biological or legal parentage. The court will review the case and make a final determination based on the evidence provided, ensuring that the child’s legal identity is properly established and upheld.

Child Support Collection

Child support collection is essential for ensuring that children receive the financial support they are entitled to. In cases of non-payment, legal professionals can help enforce child support orders through various means, including garnishment of wages or seizing assets. Lawyers assist in calculating the appropriate support amount and seeking legal remedies if a parent fails to meet their obligations. Ensuring that child support is collected helps provide for the child’s needs and ensures fairness in parental responsibilities, especially when one parent refuses or is unable to make payments.

Child Support Collection from Foreign Citizens

Collecting child support from foreign citizens can be more complicated due to international laws and regulations. Legal professionals assist in navigating these complexities and enforcing child support orders across borders. Through cooperation with foreign legal systems and international agreements, lawyers help ensure that children receive the financial support they are entitled to, even if the non-custodial parent resides abroad. Legal experts can guide clients through the procedures required to seek enforcement of child support payments from foreign individuals or entities, ensuring the child’s welfare is prioritized.

Modification of Child Support Amount

Child support amounts may need to be adjusted due to changes in the financial situation of either parent, such as job loss, salary increase, or changes in the child’s needs. Legal services assist in modifying child support agreements to reflect these changes. Parents can request a review of the child support order and file a petition for modification in court. Lawyers guide clients through the legal process, ensuring that the new amount is fair and aligns with the child’s current needs. Modifying child support ensures that the child continues to receive adequate financial support.

Why Us

Personalized Approach

We provide a personalized approach to every case, ensuring that your unique needs and circumstances are met with tailored legal solutions for the best possible outcome.

Experienced Family Lawyers

Our team consists of experienced family lawyers who specialize in various family law matters, offering expert guidance and representation throughout the entire legal process.

Cross-Industry Experience

With cross-industry experience, we bring a broad perspective to family law cases, drawing on diverse knowledge to address complex issues effectively and deliver favorable results.

We Speak Your Language

We understand the importance of clear communication, offering legal services in multiple languages to ensure that you fully understand your rights and the legal process.

Achieving Results

Our focus is on achieving results for our clients. We work diligently and efficiently to resolve family law matters in your best interest, ensuring positive outcomes.

International Experience

With extensive international experience, we are equipped to handle complex cross-border family law issues, providing expert legal services for cases involving foreign nationals or international jurisdictions.

FAQ

Who can be adopted?

Children who are under 18 years old and have no living biological parents, or whose parents have been legally deprived of parental rights, can be adopted. This includes children from both local and international backgrounds, ensuring they are placed in a safe and loving environment. International adoption follows specific protocols and requires a thorough assessment of both the adoptive parents and the child’s circumstances.

Can only one child from a group of siblings be adopted?

It is possible to adopt just one child from a group of siblings, but efforts are typically made to keep siblings together in the adoption process. International adoption agencies strongly recommend adopting siblings together to maintain family bonds and emotional support. However, depending on individual circumstances, adoption of one sibling may be allowed.

Where and how can I find my child for adoption?

To find a child for international adoption, you must work with accredited adoption agencies that specialize in foreign adoptions. These agencies provide profiles of children available for adoption in various countries. They will guide you through the legal process, ensure compliance with international laws, and match you with a child in need of a loving home.

Can an unmarried man or woman become an adoptive parent?

Yes, both unmarried men and women can become adoptive parents. However, in international adoption, eligibility criteria vary by country. Some countries may have preferences for married couples, while others are open to single adoptive parents. Each adoption case is evaluated based on the suitability of the prospective parent and their ability to care for a child.

What salary is required for adoption? Is owning a home necessary?

There is no specific salary requirement for adoption, but prospective adoptive parents must demonstrate financial stability to support the child. In international adoption, the child’s welfare is the priority, and adoptive parents must show they can meet the child’s physical, emotional, and educational needs. Owning a home is not mandatory, but you must have stable and adequate living conditions that meet the child’s needs, including sufficient space and safety.

Are there any training courses or schools for prospective adoptive parents?

Yes, there are various preparatory courses and training programs available for prospective adoptive parents. These programs are designed to help individuals and couples understand the challenges of adoption, especially international adoption. They cover topics such as parenting adopted children, cultural integration, dealing with trauma, and attachment. Some countries require this training before allowing adoption to proceed.

What is the typical profile of an adoptive parent?

The typical profile of an adoptive parent varies widely. For international adoption, agencies look for individuals or couples who are emotionally stable, financially secure, and capable of providing a loving and supportive environment. While many adoptive parents are married couples, single parents can also adopt, depending on the country. It is essential for adoptive parents to be prepared for the challenges of parenting an adopted child, especially one who may come from a different cultural or emotional background.

Contact us

Lawyer

Legal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
E-mail

info@ambylegal.by
Address

Office: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
Working hours

Monday-Friday 9:00-19:00

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