RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of April 20, 2006 No. 8

About application of the legislation by courts by hearing of cases about adoption (adoption) of children

The Convention on the Rights of the Child accepted by the 44th session of the United Nations General Assembly on November 20, 1989 (N1559-I is ratified by the resolution of the Supreme Council of the USSR of June 13, 1990), it is proclaimed that the child for complete and harmonious development of his personality needs to grow in family environment, in the atmosphere of happiness, love and understanding (paragraph of the sixth preamble of the Convention).

The family code of the Russian Federation (further - the IC RF) according to provisions of the Convention on the Rights of the Child refers the principle of priority of family education of the child to the main beginnings (principles) of the family legislation (Item 3 of Article 1) and affirms the right of each child to live and be brought up in family as far as it is possible (Item 2 of Article 54). The legal institution of adoption is one of basic guarantees of observance of this major right of the child in case of loss of parent care by it.

Having discussed materials of the carried-out studying of court practice on cases on adoption (adoption) of children, the Plenum notes that courts of Russia it is generally correct, with observance of requirements of articles 124-144, 165 of the Family code of the Russian Federation and articles 269-275 of the Civil Procedure Code of the Russian Federation, consider cases of this category.

At the same time in connection with enforcement since February 1, 2003 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation), and also with introduction of amendments to the family legislation in court practice the questions requiring permission arose.

Considering it, the Plenum of the Supreme Court of the Russian Federation for the purpose of the correct and uniform application of the legislation governing the relations on adoption (adoption) of children decides to make to courts the following explanations:

1. Cases on adoption (adoption) of the child (further - adoption) citizens of the Russian Federation (except constantly living outside the territory of the Russian Federation) are jurisdictional to district courts at the place of residence or the location of the adopted child (part 1 of article 269 CCP of the Russian Federation).

If persons wishing to adopt the child - the citizen of the Russian Federation, are the citizens of the Russian Federation who are constantly living outside the territory of the Russian Federation, then cases on adoption of the child by them are jurisdictional according to the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area at the place of residence or the location of the adopted child (part 2 of article 269 CCP of the Russian Federation). Foreign citizens or stateless persons including in cases when they constantly live in the territory of the Russian Federation as part 2 of article 269 CCP of the Russian Federation for the called persons does not provide possibility of change of patrimonial cognizance of cases on adoption depending on their residence also submit applications to the specified courts. If these persons are married to citizens of the Russian Federation with whom they constantly live in the territory of the Russian Federation, and wish to adopt (to adopt) the stepson (stepdaughter) who is the citizen of the Russian Federation or wish to adopt other rebenkagrazhdanin of the Russian Federation together with the husband (wife), then considering that the CCP of the Russian Federation does not establish special cognizance of such cases, it is determined proceeding from general rules. As one of adoptive parents is the foreign citizen or the stateless person, these cases are also jurisdictional according to the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area at the place of residence of the child (part 2 of article 269 CCP of the Russian Federation).

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