Key Facts
- A bill has been submitted to the State Duma to amend rules on the adoption of children without parental care.
- The legislation proposes introducing a strict order of succession for custody rights.
- Trusted persons designated by parents would have the first right to take the child.
- Grandparents and other blood relatives come next in the proposed hierarchy.
- Unrelated citizens would only be able to adopt after all blood relatives have declined.
Quick Summary
The State Duma has received a bill designed to adjust the legal framework for the adoption and guardianship of children without parental care. Currently, Russian law indicates that relatives hold a priority right to adopt, but it lacks a specific procedural order. The proposed legislation aims to introduce a formal system of succession for custody.
According to the bill, the first in line to take custody of a child would be trusted persons designated by the parents. Should these individuals refuse, the right would transfer to grandparents and then to other blood relatives. Only after this specific hierarchy is exhausted would unrelated citizens be permitted to adopt the child. However, experts warn that this rigid structure might increase the time a child spends in temporary care while officials verify the availability of distant relatives.
Legislative Changes to Guardianship
The State Duma has introduced a legislative initiative intended to regulate the process of adopting children who have lost parental care. The draft law specifically targets what are known as "social orphans"—children who have family members but are not being cared for. The current legal framework simply states that relatives have a preferential right to adopt, but it does not dictate how this right is exercised in practice.
The new proposal seeks to replace this general guideline with a strict order of succession. This change is designed to clarify the hierarchy of potential guardians. By codifying the sequence, the legislators aim to ensure that family connections are prioritized above all other considerations.
The Proposed Hierarchy 🏛️
The bill outlines a specific sequence for custody placement that must be followed before a child can be placed with an unrelated family. This system creates a mandatory queue based on proximity to the child's parents.
The proposed order of custody rights is as follows:
- Trusted Persons: Individuals specifically designated by the child's parents.
- Grandparents: The child's maternal and paternal grandmothers and grandfathers.
- Blood Relatives: All other relatives connected by blood lineage.
- Unrelated Citizens: Only if all previous categories decline or are unavailable.
This legislative move attempts to ensure that the blood principle is the primary factor in determining a child's future home.
Expert Concerns and Implementation
Experts have raised concerns regarding the practical implications of introducing a formalized queuing system. While social workers reportedly already adhere to the principle of prioritizing blood relatives, the legal requirement to wait for specific relatives could slow down the adoption process.
There is apprehension that the increased time required to locate and confirm the status of all potential blood relatives might leave children in limbo longer than necessary. Critics worry that the bureaucracy involved in establishing this queue could inadvertently delay the final placement of a child into a permanent family environment.
