How to rescue your child from bad parents
To deprive the adoptive parents rights taken their child is entitled only to the court . The court required the presence of representatives of the guardianship authorities and prosecution. Persons raising a step-child, are his parents until, while in force will not take a court decision to cancel the adoption.
Cancellation of adoption is a permanent procedure. To restore the rights of former adoptive parents for the child will be in the future is impossible, even if it is proved that the adoptive parents have changed the way of life and are willing to nurture it.
One of the conditions allowing adoptive parents to adopt a child, is the consent of his biological parents. Therefore, the child’s biological parents are entitled to request to cancel the adoption, if the child was given to a new family without their knowledge and consent or under duress.
Once the child is adopted, his birth parents lose all rights and responsibilities . To check and control what the conditions for the life of the child created in a foster family, parents have no right. Even if the parents decide that the family of the adopter, the child does not receive proper attention and education, they will not be able to deprive the adoptive parents rights to the child. When you have evidence of neglectful or cruel treatment of the adoptive parents with a foster child, his parents can provide their Trustee bodies or the Prosecutor’s office.
If you become aware that foster parents brutalize the child and violate his rights, the school authorities or the Prosecutor’s office will need to submit urgently to such adoptive parents in court.
Third-party nationals who do not have the child and his foster parents nothing, to control the life of the family and to sue the adoptive parents are not eligible. With the necessary evidence of mistreatment of a child by his adoptive parents, these persons have the right to appeal to the Supervisory authorities or the Prosecutor.
There must be reason
The child can leave foster care at the request of the adoptive parents, guardianship bodies, Prosecutor’s office of the district or the child, who by this time was 14.
The circumstances in which it is possible to cancel the adoption, in many respects similar to those for which the negligent moms and dads are deprived of parental rights. Depending on the situation adopters, improperly filing foster child, the court may nominate and other claims.
So, adoption of a child is cancelled for the following reasons:
Adoptive parents of the child do not fulfill their responsibilities. Neglect of duty is the failure of parents to educate the child, to monitor his health, physical and mental condition, to provide for the child financially.
The abuse of the foster parents of their rights in relation to the child. Abuse is the child restraint in being able to get a decent education, compelling the child to study hard physical labour, as well as prostitution and begging.
Cruel treatment of parents with a foster child. The abuse of children is a physical and psychological child abuse, neglect attitude and insults.
Alcohol dependence adopters. If addicted foster parents to alcohol will be confirmed by the certificate from the concerned health institution, it will be an occasion to cancel the adoption.
The use of foster parents in drugs. Drug addiction is a serious illness that prevents people normally live and raise children.
In that case, if the court will be presented evidence in the form of certificates from narcological dispensary, confirming that the adoptive parents take drugs, adoption will be cancelled.
No family history, in which the adopted child grows, understanding. If a child cannot get along with their new parents, feels in a new family of strangers and the less fortunate, or Vice versa, is not considered the opinion of the people who adopted him, the court may take the decision to cancel the adoption.
The deviation of the child’s physical and mental nature. If only after adoption reveals that the child has a developmental delay or a serious disease, which the adoptive parents have not been warned, they have the right to cancel the adoption.
The circumstances of a different nature.
Once enter into force court decision abolishing adoption, the mutual rights and responsibilities of foster parents in relation to child and child against them cease. In circumstances requiring compliance with the interests of the child, in force may join the duties and rights of the child and its biological parents.
Depending on how the rest of the circumstances, the court may appoint child maintenance . to pay which will have former adoptive parents. After leaving the family foster parents, the child is deprived of the right of inheritance from them.
In that case, if during the adoption the adoptive parents changed the child’s name, gave his name and surname of the adoptive father, before the court will raise the question about the child will remain with a new name or it will be returned to the name, surname and patronymic, the data of the biological parents.
If at the time of the court session on the case of cancellation of adoption the child will be a full 10 years, when deciding about the name change, the court will consider his opinion.
Correctly prepared statement
Request for cancellation of adoption consider the following courts:
the Federal courts in cities;
the courts in the Autonomous regions;
the Supreme courts;
the regional courts and regional importance;
the courts in the Autonomous districts.
The right to file such application have:
the Supervisory authorities;
parents or adoptive parents of the child;
adopted child, under the age of fourteen.
The application for cancellation of adoption must meet the required standards and to be similar to the following:
In the upper right corner is written the name of the court in which the application is submitted, name and surname of the adoptive parent (applicant) and address, then the name and address of the child (the Respondent), at the end of the information about third parties (the Prosecutor or guardianship bodies).
Then you should specify when and how the court ruled on the adoption by the applicant of the child, the number of cases on adoption, the name and date of birth of the adopted child.
It then describes the reason you need to cancel adoption and its proof. The following paragraph should be requested to cancel the adoption. At the end put the number and signature of the applicant and third parties.
As the Annex to the statement from the plaintiff the following documents are required:
a copy of the court decision on adoption;
a copy of the certificate of adoption;
a copy of this statement;
receipt confirming payment of state duty;
copies of birth certificates of the child;
extract from the place of residence;
Parents raising a foster child, you must know that according to the laws in force in the Russian Federation, adoption can be cancelled. Cancellation may take place for a number of reasons established by law.
To initiate cancellation of adoption can choose the adoptive parents, the school authorities or the Prosecutor’s office.
After the abolition of adoption, all the rights and duties of parents to the child will be considered void . Cancelled the adoption deprives the child of the right to inheritance from former adopters. Statement on cancellation of adoption it is necessary to make competently and reinforce the necessary evidence.