Sunday, January 02, 2005
Russia throws us a curve...and a child still waits...and waits...and waits...
Well, the rules seem to be changing in mid-stream, as our agency tells us below (with help from adoption attorney Irina O'Rear). Summary: We don't know what it means, but we're probably not going back anytime soon.
The new law will affect ALL children currently in the Databank and children that will be placed in the Databank in the future.
Unfortunately, right now it is really impossible to answer even generally how this will affect adopters who have already received their official referral from the proper Russian authority, met children and gave their official consent for adoption. At this point there are currently many different opinions by the Courts, Prosecution Departments, Ministry of Education, etc. and it is yet to be determined what the official interpretation will be.
Hopefully the Supreme Court of the Russian Federation will provide a clear and official interpretation and official recommendations/directions for the Regional Courts of the Russian Federation. I will be happy to post this as soon as it does take place.
Also, there have been many questions asked regarding the timeframe that the information about the children will remain on the Databank before it can be released to foreign citizens.
I want to emphasize the purpose of this timeframe is to provide the Russian families residing in Russia a priority to obtain information before it is released to foreign citizens.
The very reason that the Duma took this step to change the law and extend the timeframe is because of the criminal activity perpetrated in order to "hide" children from Russian citizens by providing information about children secretly to foreign adopters, which breaks the principle of priority of Russian citizens for adoption. Information about children has been "illegally obtained" and "illegally held" for foreign adoptions. I have often spoke about bribes and read many times from adoptive parents: "I do not mind paying bribes if it helps me to bring my child home...".. Well this is the direct result of that activity.Unfortunately, in reality it has affected and will continue to affect more children than it actually helped. Of course, it does not affect the children already home with their families, but the ones that are still sitting in the orphanages along with their future families. It goes without saying that if such criminal activity continues or the new laws are somehow circumvented, more tightening of these laws will take place in the future affecting more children and the overall adoption processes.
Regarding the timeframe and how it works, I will try to show this step-by-step:
1. The officials and other persons who have the information about the children left without parental care, must inform the Local Bodies of Trusteeship and Guardianship.
(Attorney's comment: This can take from a few days to several months).
2. The Local Body of Trusteeship and Guardianship is obligated within THREE DAYS after the date of receiving this information to conduct the study of the child's living conditions. (Attorney's comment: This can take from a few days to several months).
3. The Local Body of Trusteeship and Guardianship must, WITHIN A MONTH ater the date of receiving the information about a child, take all easures to place the child into a Russian family residing in Russia. If t is impossible to place the child with a family, the Local Body of trusteeship and Guardianship must transmit the information about this child to the appropriate Regional Body of Executive Power (Regional Database)
(Attorney's comment: Sometimes it takes place with significant delays from several months to years. Some children have never been registered).
4. The Regional authority (Regional Databank of Children) WITHIN A MONTH after the date of receiving the information about the child, must organize his (her) placement in the family of citizens living within the Russian Federation. In the absence of such possibility the information must be forward to for registration to the next level, the Federal Databank.
(Attorney's comment: Sometimes it takes place with significant delays from several months to years).
5. Children can be placed for adoption with citizens of the Russian Federation continuously residing outside the Russian Federation, or with foreign citizens or stateless persons who are not the relatives of these children, after the expiration of SIX MONTHS following the date when the information about such children was received by the Federal Databank of Children.
So, if you simply count the required months, you can see that if all officials will follow the Law requirements, the earliest a child can be adopted by foreign citizens is EIGHT-AND-A-HALF MONTHS OLD.
¶ 11:43 PM
The new law will affect ALL children currently in the Databank and children that will be placed in the Databank in the future.
Unfortunately, right now it is really impossible to answer even generally how this will affect adopters who have already received their official referral from the proper Russian authority, met children and gave their official consent for adoption. At this point there are currently many different opinions by the Courts, Prosecution Departments, Ministry of Education, etc. and it is yet to be determined what the official interpretation will be.
Hopefully the Supreme Court of the Russian Federation will provide a clear and official interpretation and official recommendations/directions for the Regional Courts of the Russian Federation. I will be happy to post this as soon as it does take place.
Also, there have been many questions asked regarding the timeframe that the information about the children will remain on the Databank before it can be released to foreign citizens.
I want to emphasize the purpose of this timeframe is to provide the Russian families residing in Russia a priority to obtain information before it is released to foreign citizens.
The very reason that the Duma took this step to change the law and extend the timeframe is because of the criminal activity perpetrated in order to "hide" children from Russian citizens by providing information about children secretly to foreign adopters, which breaks the principle of priority of Russian citizens for adoption. Information about children has been "illegally obtained" and "illegally held" for foreign adoptions. I have often spoke about bribes and read many times from adoptive parents: "I do not mind paying bribes if it helps me to bring my child home...".. Well this is the direct result of that activity.Unfortunately, in reality it has affected and will continue to affect more children than it actually helped. Of course, it does not affect the children already home with their families, but the ones that are still sitting in the orphanages along with their future families. It goes without saying that if such criminal activity continues or the new laws are somehow circumvented, more tightening of these laws will take place in the future affecting more children and the overall adoption processes.
Regarding the timeframe and how it works, I will try to show this step-by-step:
1. The officials and other persons who have the information about the children left without parental care, must inform the Local Bodies of Trusteeship and Guardianship.
(Attorney's comment: This can take from a few days to several months).
2. The Local Body of Trusteeship and Guardianship is obligated within THREE DAYS after the date of receiving this information to conduct the study of the child's living conditions. (Attorney's comment: This can take from a few days to several months).
3. The Local Body of Trusteeship and Guardianship must, WITHIN A MONTH ater the date of receiving the information about a child, take all easures to place the child into a Russian family residing in Russia. If t is impossible to place the child with a family, the Local Body of trusteeship and Guardianship must transmit the information about this child to the appropriate Regional Body of Executive Power (Regional Database)
(Attorney's comment: Sometimes it takes place with significant delays from several months to years. Some children have never been registered).
4. The Regional authority (Regional Databank of Children) WITHIN A MONTH after the date of receiving the information about the child, must organize his (her) placement in the family of citizens living within the Russian Federation. In the absence of such possibility the information must be forward to for registration to the next level, the Federal Databank.
(Attorney's comment: Sometimes it takes place with significant delays from several months to years).
5. Children can be placed for adoption with citizens of the Russian Federation continuously residing outside the Russian Federation, or with foreign citizens or stateless persons who are not the relatives of these children, after the expiration of SIX MONTHS following the date when the information about such children was received by the Federal Databank of Children.
So, if you simply count the required months, you can see that if all officials will follow the Law requirements, the earliest a child can be adopted by foreign citizens is EIGHT-AND-A-HALF MONTHS OLD.
¶ 11:43 PM
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