The procedure for adopting a wife’s child from the first marriage

Adoption of a child in the conditions of active hostilities in the country is more relevant than ever.

It is connected with that, that during the war, many children become orphans and are left without parental care, and as a result need to establish a guardianship or care over them, as well as adoption.

Besides this, the question of adopting a wife's child from the first marriage also often arises in practice, since the man marries a second time and wishes to take care of them.

In this article, we will discuss the legal aspects of the procedure for adopting a wife's child from her first marriage.

How is the adoption of a wife's child from the first marriage regulated?

Today, the adoption of children in Ukraine takes place by the norms, that are specified in the Family Code of Ukraine and order, approved by the resolution of the CMU from 08.10.2008 year no905.

What are the legal features of the procedure for adopting a wife's child from her first marriage?

First of all, it should be noted, that the procedure for adopting a wife's child from the first marriage is not much different from the general procedure for adoption.

And that's why, to adopt a child, you need to apply to the territorial office(local)services for children with an application, in which to indicate the desire to adopt a child.

The following documents should also be attached to the application, namely:

• passport of a citizen of Ukraine (if the person is a foreigner, the passport of a foreigner or any other document, which can prove her identity), RNOCPP-are usually submitted in duplicate;
• marriage certificate;
• documents, which confirm the state of health of the person, who wants to adopt a child (for example, the medical opinion of a health care institution);
• if the child is adopted by one of the spouses, then it is necessary to give the consent of the other spouse for these actions, which is drawn up in writing and notarized;
• document, from which it can be seen that the future adopter has no criminal record (must be taken into account when deciding to adopt a child);
• if the applicant is a foreigner, then he must also provide notarial consent in writing to receive data about him from the General Secretariat of Interpol, police authorities, the state prosecutor's office, whose citizen is a foreigner, and the state on whose territory he lives-is usually submitted in two copies;
• if the child has reached the appropriate age, when her opinion on adoption is taken into account, then the applicant must also submit written consent of that child to that effect, that she does not object to adoption;
• if the future adopter permanently lives abroad, then it is also necessary to provide the opinion of the authorized body of the country of residence, from which the possibility of the applicant becoming an adopter can be seen. The following information may be noted in such a conclusion: living conditions of the applicant, his biography, address of residence, family relationships with family members, a list of all his family members, financial situation, attitude towards raising a child, and future adoption.

After receiving the above-specified list of documents, employees of the children's affairs service draw up the appropriate certificate of inspection of the child's living conditions and find out the feasibility of his adoption.

The service forms its decision in the corresponding conclusion, which is issued to the applicant.

Then, with this conclusion and statement, the citizen turns to the court and according to the results of the case review, receives a positive decision on the adoption of the child.

If you have questions about the procedure for adopting a child of your wife from your first marriage, contact the law office "Prikhodko and Partners”.

During consultations, our lawyers will provide you with comprehensive answers to your questions, which will arise about the family law of Ukraine, because they have many years of experience in this field of law.