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
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
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.
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
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.
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.
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.
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.
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.
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.
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
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LawyerLegal assistance is provided by advocate Anton Grinewich, Specialized Legal Bar No. 2 in Minsk.
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E-mail
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AddressOffice: 1 Krasnaya str., Minsk, Republic of Belarus Postal address: 1 Krasnaya str., Minsk, Republic of Belarus
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Working hoursMonday-Friday 9:00-19:00
