Approved by the Resolution of the Council of Ministers of the Republic of Belarus

Resolution of the Council of Ministers of the Republic of Belarus

No. 122 of January 31, 2007

[Amended as of July 17, 2012]

On Certain Issues of Adoption and Establishment of Guardianship, Trusteeship over the Children

In accordance with Article 3 of the Law of the Republic of Belarus of July 20, 2006 “On introduction of changes and addition into the Code of the Republic of Belarus on Marriage and Family” the Council of Minister of the Republic of Belarus decides:

1. [Not given]

2. To approve the annexed Regulations on the Procedure of International Adoption and Establishment of International Guardianship, Trusteeship over the Children.

3. To impose control over the observance of the order of international adoption and establishment of international guardianship, trusteeship on the Ministry of Education.

4. [Not given]

5. The Ministry of Education shall:

jointly with interested republican bodies of state administration ensure the bringing of its normative legal acts in compliance with this Resolution;

take other measures aimed at implementation of this Resolution.

6. This Resolution enters into force in ten days after its official publication.

Prime Minister of the Republic of Belarus                                                                       S. Sidorsky

 

APPROVED

Resolution
of the Council of Ministers
of the Republic of Belarus
of January 31, 2007 No 122

 

Regulations on the Procedure of International Adoption and Establishment of International Guardianship, Trusteeship over the Children

 

 

CHAPTER 1

GENERAL PROVISIONS

 

1. These Regulations have been worked out in accordance with the Code of the Republic of Belarus on Marriage and Family, the Law of the Republic of Belarus of November 19, 1993 “On the Rights of the Child”, taking into consideration the generally accepted principles and rules of international law, are aimed at the protection of rights and legal interests of children and determine the procedure of:

international adoption and international guardianship, trusteeship establishment in the territory of the Republic of Belarus;

recognizing as being valid in the Republic of Belarus of international adoption or international guardianship, trusteeship over the children being citizens of the Republic of Belarus, residing outside the territory of the Republic of Belarus;

exercising control under living and upbringing conditions of the children, over whom international adoption or international guardianship, trusteeship are established.

2. International adoption is established:

in respect of the children being citizens of the Republic of Belarus – by the permanently residing outside the Republic of Belarus citizens of the Republic of Belarus, foreign citizens or stateless persons;

in respect of the children being foreign citizens or stateless persons, residing in the territory of the Republic of Belarus, – by the citizens of the Republic of Belarus, foreign citizens or stateless persons.

The citizens indicated in the part one of this clause, petitioning for international adoption establishment, for the purposes of these Regulations shall be called “candidates for adoptive parents”.

3. International guardianship, trusteeship shall be established:

over the under-age citizens of the Republic of Belarus – by the permanently residing outside the Republic of Belarus citizens of the Republic of Belarus, foreign citizens or stateless persons;

over the under-age foreign citizens or stateless persons, residing (staying) in the territory of the Republic of Belarus, – by the citizens of the Republic of Belarus, foreign citizens or stateless persons.

The citizens, indicated in the part one of the present clause, petitioning for international guardianship, trusteeship for the purposes of these Regulations shall be called “candidates for guardian, trustee”.

4. It is not allowed to the children's hostel establishments, establishments providing professional technical, secondary special, higher education, parents-teachers of children’s homes of family type, children's villages (towns), guardians, trustees and foster parents to disclose information about children, in respect of which international adoption or international guardianship, trusteeship may be established to any citizens or legal persons except for the bodies of guardianship and trusteeship and the institution “The National Adoption Center of the Ministry of Education of the Republic of Belarus” (hereinafter referred to as the National Adoption Center).

Acquaintance with the children with a view to establish international adoption or international guardianship, trusteeship over a child by the candidates for adoptive parents, guardians, trustees,  as well as the representatives of the organizations for adoption of children, specially authorized by foreign states (hereinafter referred to as the organizations for adoption) shall be carried out only by the written permissions of the body of guardianship and trusteeship at the place of residence (location) of orphans and children, left without parental care, or the National Adoption Center.

5. The issues of international adoption are considered in respect of the candidates for adoptive parents, residing in the territory of those foreign countries, the competent state bodies of which have agreed the procedure of international adoption in accordance with the Regulations on the Order of Agreement of the International Adoption Procedure and Interaction with the Competent Organizations of Foreign States in the Frameworks of this Procedure, approved by the Resolution of the Council of Ministers of the Republic of Belarus of September 21, 2004 No. 1173.

The exception shall be the cases of international adoption of a child by a relative or a stepfather (stepmother), residing outside the Republic of Belarus.

6. The establishment of international guardianship, trusteeship shall be performed only if there are treaties between the Republic of Belarus and foreign countries, specifying such guardianship, trusteeship.

7. As a rule, the international adoption of brothers and (or) sisters by different persons is not allowed except for the cases where such adoption meets the children’s interests.

Brothers and sisters may be separated in the case of international adoption provided the adoptive parents do not insist on the secrecy of adoption and do undertake not to impede the adopted child to contact with his (her) brothers and sisters.

Should the brothers and sisters be separated in the case of international adoption, the court shall oblige the adoptive parents to inform the child of the existence of his (her) brothers and sisters and the place of their residence.

8. International adoption in the territory of the Republic of Belarus shall be carried out by regional courts at the place of residence of the adopted child and in the city of Minsk – by the Minsk City Court.

9. Within 5 days the information on international adoption, international guardianship, trusteeship shall be disclosed by the bodies of guardianship and trusteeship at the place of child’s residence (location) to the body paying him (her) pension.

 

CHAPTER 2

PROCEDURE OF INTERNATIONAL ADOPTION OF CHILDREN BEING CITIZENS OF THE REPUBLIC OF BELARUS OR FOREIGN CITIZENS OR STATELESS PERSONS, PERMANENTLY RESIDING OUTSIDE THE REPUBLIC OF BELARUS, BY THE CANDIDATES FOR ADOPTIVE PARENTS , PERMANENTLY RESIDING IN THE TERRITORY OF A FOREIGN COUNTRY

 

10. International adoption of a child by permanently residing outside the Republic of Belarus citizens of the Republic of Belarus, foreign citizens or stateless persons shall be permitted only in respect of the child, included into the list of children available for international adoption except for the cases of international adoption of a child by relatives or a stepfather (stepmother).

In the list of children available for international adoption it shall be included the data on orphans and children left without parental care, not placed for upbringing in the families of citizens of the Republic of Belarus, registered for not less than one year in the centralized accounting in the republican databank on adoption of orphans and children left without parental care (hereinafter referred to as the republican databank), in instances, if at the moment of list forming:

there are no candidates for adoptive parents  – the citizens of the Republic of Belarus, permanently residing in the territory of the Republic of Belarus or relatives of children irrespective of citizenship and place of residence of these relatives having expressed intensions to adopt this child;

written consents to international adoption of the following persons/bodies have been received:

a guardian, trustee of a child;

the district (city) department (division) of education of local executive and administrative  body (hereinafter referred to as the department (division) of education);

the department of education of regional executive committee and in the city of Minsk – the committee for education of Minsk City Executive Committee. 

11. The following persons/bodies may initiate the inclusion of a child into the list of children available for international adoption:

a guardian, trustee of a child with the consent of a regional (city) department (division) of education and education department of regional executive committee, the committee for education of Minsk City Executive Committee;

the regional (city) department (division) of education with the consent of a guardian, trustee of a child and the education department of regional executive committee, the committee for education of Minsk City Executive Committee.

12. The list of children available for international adoption, as well as its changes and additions, shall be approved by the Minister of Education of the Republic of Belarus (hereinafter referred to as the Minister of Education).

13. Candidates for adoptive parents, desiring to adopt a child they got acquainted with while invigoration, through the organization on adoption shall apply to the bodies of guardianship and trusteeship at the place of residence (location) of a child with written proposal on including the child into the list of children available for international adoption.

14. The bodies of guardianship and trusteeship at the place of residence (location) of a child within one month after the day of receiving of the written consent, indicated in clause 13 of  these Regulations, consider the possibility of inclusion of a child into the list of children available for international adoption, agree it with the guardian, trustee of a child and the department of education of regional executive committee and in the city of Minsk – with the committee for education of Minsk City Executive Committee and submit to the National Adoption Center the conclusion and written proposal on inclusion or refusal of  inclusion of a child into the list of children available for international adoption.

The proposal on inclusion of a child into the list of children available for international adoption includes the data:

on the presence of child’s brothers and sisters, their place of location and presence of permanent contacts and emotional relations between them as well as their opinion on possibility of international adoption;

on maintenance of contacts with relatives and their intentions to place the child for upbringing in their family, their opinion on possibility of international adoption;

on measures taken to place the child in the relative’s family or other citizens of the Republic of Belarus, permanently residing in the territory of  the Republic of Belarus, indicating their last names, first names, patronymics, place of residence;

on absence of candidates for adoptive parents – citizens of the Republic of Belarus permanently residing in the territory of the Republic of Belarus or children’s relatives irrespective of  citizenship and place of residence of this relatives expressed intentions to adopt the child;

on the state of child’s health, physical and mental development;

on existing relationships between the candidates for adoptive parents and the child as well as child’s attitude to the possibility of international adoption by these candidates for adoptive parents.

15. Within 15 days the National Adoption Center shall prepare and submit to the Minister of Education for consideration the grounded conclusion on the possibility of inclusion of a child into the list of children available for international adoption.

16. The resolution of the Minister of Education on inclusion of a child into the list of children available for international adoption and on the possibility of receiving of the documents for international adoption of a child shall be sent within 3 days by the National Adoption Center to the candidates for adoptive parents through the organization for adoption.

In the case of positive resolution of the Minister of Education the National Adoption Center shall inform diplomatic representation or consular office of the Republic of Belarus (hereinafter referred to as the foreign institution of the Republic of Belarus) on the possibility of receiving of the documents for international adoption of a child included into the list of children available for international adoption.

17. For the consideration of the issue of international adoption the candidates for adoptive parents shall prepare the following documents:

application on intention to adopt a child, according to the form approved by the Ministry of Education, specifying the child’s sex, age and other features of a child. In the application the candidates for adoptive parents shall specify their last name, first name, patronymic, date of birth, address and place of permanent residence, phone, fax number, e-mail (at its presence). In the application candidates for adoptive parents shall undertake to create the conditions necessary for education and development of the child; within one month after arrival of the adopted child to the country of permanent residence of the adoptive parents, the child shall be registered at the foreign institution of the Republic of Belarus; shall not impede the officials of foreign institution of the Republic of Belarus to visit their family until the child comes of age. Should the child be adopted by a married couple jointly, this couple shall submit a joint application, should the child be adopted by one of the spouses – the written consent of another spouse shall be applied, according to the form approved by the Ministry of Education. Should the candidates for adoptive parents petition for the adoption of a definite child, they shall submit the application according to the form, approved by the Ministry of Education, where it is to be specified the last name of the child, his (her) first name, patronymic, date of birth, place of residence (location) and circumstances grounding the request of the candidates for adoptive parents this child;

copy of identity document;

copy of the Marriage Certificate or other equivalent document – if the child is to be adopted by a married couple;

medical certificate on the state of health of the candidates for adoptive parents;

reference on the place of employment and the position held of the candidates for adoptive parents;

reference on the salary (money allowance) of the candidates for adoptive parents or a copy of the income declaration, or another document on income having been received within one year preceding the international adoption;

copy of the document certifying the right of the candidates for adoptive parents to use a dwelling or certifying their ownership for a dwelling;

written entry and residence permit for the child adopted from the corresponding competent body of the state of residence of the candidate to adopt (except for the cases of international adoption of the child by the stepfather (stepmother);

written permit for international adoption of the competent body of the state in the territory of which the candidates for adoptive parents are permanently residing;

written permit of the competent body of the state of child’s citizenship and, if it is needed in accordance with the legislation of a foreign country, – child’s consent to international adoption – at international adoption of the child being the citizen of a foreign country residing in the territory of the Republic of Belarus;

document-conclusion of  the corresponding competent bodies (organizations) of the state of residence of the candidates for adoptive parents on social and psychological readiness of the candidates for adoptive parents to perform the duties on upbringing children, on the presence of necessary living conditions and possibility of the candidates for adoptive parents to bring up and endow the adopted child properly;

document of the respective competent bodies (organizations) of the state of residence of the candidates for adoptive parents on absence of convictions;

document of corresponding competent bodies (organizations) of the state of residence of the candidates for adoptive parents containing the data on whether they have ever been deprived of their parents' rights or restricted in these rights, whether they have ever been declared incapable or restrictedly capable by a court, whether they have ever been dismissed from the position of a guardian or a trustee for improper execution of the obligations entrusted, whether there has ever been a cancellation of adoption in respect of them, whether the children of the candidates for adoptive parents have ever been admitted to be in need of state protection;

document-guarantee of  the competent bodies (organizations) of the state of residence of the candidates for adoptive parents on submitting to the National Adoption Center the information on life conditions and upbringing conditions of adopted child annually within five years after his (her) international adoption by the candidates for adoptive parents (except for the instances of international adoption of a child by stepfather (stepmother);

copies of the documents certifying cognation between candidates for adoptive parents and the child, – if the child is adopted by his (her) relatives;

written consent of mother (father) to adoption of a child by a spouse according to the form, approved by the Ministry of Education, – if the child is adopted by stepfather (stepmother);

copy of certificate of the child’s birth if the child is adopted by stepfather (stepmother);

document certifying that the child does not have one of the parents (the copy of death certificate or judgment of the deprivation of the parents’ rights, on declaration the parent incapable, the consideration of the parent to be missing person, on declaration of the parent dead or document certifying the record of data on the parent in accordance with Article 55 of the Code of the Republic of Belarus on Marriage and Family, copy of the application of the parent on consent to international adoption of the child in the case the parent disavow from the child),  – if the child is adopted by the stepfather (stepmother);

written consent of the child to international adoption if he/she has reached the age of ten years confirmed in established order;

medical certificate on the state of health of the adopted child – concerning international adoption of the child by the stepfather (stepmother).

Documents (copies of documents) indicated in part one of this clause shall be confirmed in the established order by the organizations exercising their issue or attested by a notary, as well as legalized in the established order, unless otherwise is provided by the treaties of the Republic of Belarus, and translated into Russian (Belarusian) language.

The translation may be certified in the established order in the state of residence of the candidates for adoptive parents, in the foreign institution of the Republic of Belarus or by a notary in the Republic of Belarus.

The signatures of the candidates for adoptive parents shall be certified by a notary, the signature of the adopted child – by a notary or in the foreign institution of the Republic of Belarus, or by the official of the body of guardianship and trusteeship.

Documents indicated in indents five and twenty-one of part one of this clause is considered valid within one year from the moment of their drawing up (issue).

18. Documents listed in clause 17 of these Regulations shall be submitted to the foreign institutions of the Republic of Belarus in the following order:

by the candidates for adoptive parents through the organization on adoption of children in the territory of the state of their residence;

by the candidates for adoptive parents being child’s relatives or stepfather (stepmother) shall  be handed in person or sent.

19. Should there be no foreign institution of the Republic of Belarus in the foreign state, the documents listed in clause 17 of these Regulations shall be submitted through the nearest foreign institution of the Republic of Belarus.

20. Foreign institution of the Republic of Belarus shall accept the documents of the candidates for adoptive parents in the state of their residence in the instances of:

reception of information from the National Adoption Center on inclusion of the child into the list of children available for international adoption;

submitting by the candidates for adoptive parents of the documents, certifying relationships with the child or the fact of marriage with the mother (father) of the child whose adoption they apply for.

21. Foreign institution of the Republic of Belarus in the state of residence of the candidates for adoptive parents shall confirm the correctness of the execution and legalization of the documents submitted and send them by the very next diplomatic bag to the National Adoption Center of the Republic of Belarus through the Ministry of Foreign Affairs of the Republic of Belarus (hereinafter referred to as the Ministry of Foreign Affairs).

22. The National Adoption Center shall examine the documents submitted and shall perform the activity for selection of a child for international adoption from the number of children included into the list of children available for international adoption or for international adoption of a definite child included into the list of children available for international adoption if he/she is specified in the application of the candidates for adoptive parents.

23. Should the documents of the candidates for adoptive parents are drawn up incorrectly or do not correspond the list, prescribed by clause 17 of these Regulations, or the term of validity of some documents has expired, the National Adoption Center shall inform about it the candidates for adoptive parents and request missing documents.

24. Within 14 days the National Adoption Center shall send to the respective department (division) of education at the place of residence (location) of a child data on the candidates for adoptive parents, to whom the child included into the list of children available for international adoption could be placed for international adoption and shall request the documents necessary for preparation of international adoption of a child.

25. The department (division) of education at the place of residence (location) of a child shall submit to the National Adoption Center within one month:

the conclusion on absence of candidates for adoptive parents – citizens of the Republic of Belarus, permanently residing in the territory of the Republic of Belarus or relatives irrespective of citizenship and place of residence of the relatives, expressed intentions to adopt the child, and advisability of placing him/her for international adoption according to the form approved by the Ministry of Education, and in the case of international adoption of a child by relatives or stepfather (stepmother), or candidates for adoptive parents  in whose family the adopted child is being brought up – the conclusion on advisability of the international adoption according to the form approved by the Ministry of Education;

the copy of birth certificate of the child;

the copy of documents confirming the absence of the child’s parents (the copy of death certificate or court decision of deprivation of the parents’ rights, on declaration the parent incapable, the consideration of the parent to be missing person, on declaration of the parent (parents) dead, the act of the body of internal affairs on detection of the abandoned child according to the form approved by the Ministry of Internal Affairs of the Republic of Belarus (hereinafter referred to as the Ministry of Internal Affairs); the joint act of the organization of health and the body of internal affairs on retaining a child in the organization of health according to the form approved by the Ministry of Health and the Ministry of Internal Affairs; the document certifying the record of data on the parent in accordance with Article 55 of the Code of the Republic of Belarus on Marriage and Family; the copy of the application of  parents (a parent) on consent to child’s adoption in the case the parents (a parent) disavow from the child according to the form approved by the Ministry of Education);

the written consent of the director of children's hostel establishment, under the guardianship of which the child is, to the international adoption of a child according to the form approved by the Ministry of Education by the agreement with the Ministry of  Health and the Ministry of Labor and Social Protection of the Republic of Belarus (hereinafter referred to as the Ministry of Labor and Social Protection), or the written consent of a guardian, trustee, adoptive parent, housefather/housemother for adoption of a child according to the form approved by the Ministry of Education, – if the child is adopted by relatives or stepfather (stepmother);

written consent of  the child to international adoption if he/she has reached the age of ten years certified in respective order;

medical certificate on the state of health of the child being adopted;

the copy of inventory of property belonging to a child, indicating place of location and measures taken for its safety;

the copy of resolution of local executive and administrative body on allocation of dwelling for a child, if it exists, and other documents, proving the child’s right of ownership for dwelling;

the data on child’s brothers and sisters presence and their place of location at the moment of consideration of the matter of international adoption;

the information on child’s personality, his/her origin, contacts with relatives, social environment, family history, any special needs of a child, measures taken to place a child in a family, absence of citizens of the Republic of Belarus applying on placing a child in the family for upbringing according to the form approved by the Ministry of Education (except for cases of the international adoption of the child by relatives or by the stepfather (stepmother), or candidates for adoptive parents in whose family the adopted child is being brought up);

written applications of child’s relatives, keeping in touch with him, on absence of their intensions to place the child in the family;

written applications of brothers and sisters, who has reached the age of 10 years, on the possibility of international adoption of the child by the candidates for adoptive parents;

copies of appointments of the department (division) of education for acquaintance with a child in matters of his/her placement for upbringing in the family of citizens of the Republic of Belarus, residing in the territory of the Republic of Belarus (except for the cases of international adoption of the child by relatives, or the stepmother (stepfather), candidates for adoptive parents in whose family the adopted child is being brought up).

The documents (copies of documents) indicated in part one of this clause should be confirmed in the established order by the organizations exercising its issue or attested by a notary or by the official of the body of trusteeship and guardianship. The signature of the adopted child and signatures on the applications of his/her relatives, brothers and sisters should also be attested by a notary or the official of the body of guardianship and trusteeship.

26. The documents listed in clause 17 of these Regulations can not be accepted for examination and are to be returned to the candidates for adoptive parents in the cases if:

the documents have come to the National Adoption Center without observance of the order established by clauses 18-20 of these Regulations;

the documents have come to the National Adoption Center from a foreign state with which the procedure of international adoption is not agreed (suspended unilaterally) in accordance with the Regulations on the Order of Agreeing of International Adoption Procedure;

the submitted documents testify that the candidates for adoptive parents are the persons who cannot be adoptive parents in accordance with article 125 of the Code of the Republic of Belarus on Marriage and Family;

the candidates for adoptive parents rejected the candidature of a child, proposed them by the National Adoption Center;

the candidates for adoptive parents have applied to the National Adoption Center with request to return the documents.

The documents, that are to be returned in accordance with part one of this clause, within 5 days shall be directed by the National Adoption Center to the Ministry of Foreign Affairs for sending to the candidates for adoptive parents (organization for adoption) through the foreign institution of the Republic of Belarus.

27. Should the circumstances prohibiting the international adoption of the child (child’s death; the loss of the status of orphans and children left without parents care, in the order established by the legislation of the Republic of Belarus and his/her return to parents (a parent); child’s refusal of international adoption and other) appear the department (division) of education at the place of child’s residence (location) within one month shall inform about it the National Adoption Center which shall return to the candidates for adoptive parents the documents listed in clause 17 of these Regulations in the order established by part two of clause 26 of these Regulations.

28. The National Adoption Center shall examine the documents submitted by the department (division) of education at the place of residence (location) of the child in accordance with clause 25 of these Regulations and should the candidates for adoptive parents apply for international adoption of the definite child, in 10-days term shall prepare conclusion on absence of the candidates for adoptive parents – the citizens of the Republic of Belarus, permanently residing in the territory of the Republic of Belarus or the relatives of a child irrespective of citizenship and place of residence of this relatives, expressed intentions to adopt the child (if the child is adopted of a list of  orphans and children left without parent’s care) or the conclusion on advisability of the international adoption of the child (concerning international adoption of the child by relatives, or the stepmother (stepfather), or candidates for adoptive parents in whose family the adopted child is being brought up) and shall receive written permit of the Minister of Education on the international adoption.

29. If the documents of the candidates for adoptive parents, applying on offering them a child for international adoption have been came to the National Adoption Center, the National Adoption Center shall submit to these candidates an offer on international adoption of the definite child included into the list of children available for international adoption, and the copies of the documents listed in part one of clause 25 of these Regulations through the organization for adoption that has submitted the documents of the candidates for adoptive parents for making a decision on international adoption of a child within one month.

30. The candidates for adoptive parents or the representatives of organization for adoption have the right to get acquainted with the child personally on the basis of assignment issued by the National Adoption Center. The National Adoption Center shall in advance inform in written the body of guardianship and trusteeship at the place of residence (location) of a child on directing the persons for acquaintance with a child.

31. The organization for adoption shall inform in written the National Adoption Center on the decision taken by the candidates for adoptive parents.

32. In the case of consent to international adoption of the offered child the candidates for adoptive parents within 1 month shall submit to the National Adoption Center application, addressed to the regional court at the place of residence (location) of a child and in the city of Minsk – to the Minsk City Court, on international adoption of the child, drawn up in accordance with clause 17 of these Regulations. Besides, in the application there shall be indicated last name, first name and patronymic name that a child should be named with after international adoption as well as if the date and the place of birth of a child are to be changed within the limits established by the legislation of the Republic of Belarus.

33. After receiving the application of candidates for adoptive parents and written permit of competent body of the state of their residence for international adoption of an offered child, as well as on the basis of the documents listed in clauses 17 and 25 of these Regulations, within 10 days the National Adoption Center shall prepare the conclusion, indicated in clause 28 of these Regulations, and shall receive the permit of the Minister of Education for International Adoption.

34. In the case of receiving written permit of the Minister of Education for international adoption within 5 days the National Adoption Center shall inform the representative of organization for adoption, that has submitted the documents of candidates for adoptive parents, or the candidates for adoptive parents on the necessity of payment of state duty for consideration of application in the court and submission of receipt.

In 3 days term from the day of submission of receipt on state duty payment the National Adoption Center shall submit the documents on international adoption to the respective regional court, and in the city of Minsk – to the Minsk City Court for consideration and taking a decision.

On the basis of court ruling the department (division) of education at the place of residence (location) of adopted child shall request from his guardian documents of the child in accordance with the list established by article 3933 of the Code of Civil Procedure of the Republic of Belarus, that are to be submitted within 3 days from the day of receipt of the request of department (division) of education and on the basis of which it prepares the conclusion on validity and adoption’s meeting the interest of a child, with the indication of data on the fact of personal communication of candidates for adoptive parents with the adopted child according to the form approved by the Ministry of Education.

35. The candidates for adoptive parents shall personally:

visit before taking a decision on international adoption the respective department (division) at the place of residence (location) of the child for interview with the representative of the body of guardianship and trusteeship and making the acquaintance and (or) communication with a child in the presence of the representative of the body of guardianship and trusteeship;

participate in the court session;

obtain the decision on international adoption;

take the child from the place of his/her residence (location) after obtaining the decision on international adoption.

36. International adoption of a child established by court decision is to be registered in the Civil Registry Office. On the basis of the record on international adoption the child’s birth record shall be changed correspondingly, and the adoption certificate as well as the new child’s birth certificate shall be issued to the adoptive parents.

37. The drawing up of leaving of the adopted child the Republic of Belarus shall be executed in the order established by the legislation with the obligatory issue of the passport of a citizen of the Republic of Belarus if the adopted child is a citizen of the Republic of Belarus.

38. The adoption and birth certificates for the child adopted shall be legalized in the Ministry of Foreign Affairs.

 

CHAPTER 3

PROCEDURE OF INTERNATIONAL ADOPTION OF CHILDREN BEING THE CITIZENS OF THE REPUBLIC OF BELARUS OR FOREIGN CITIZENS OR STATELESS PERSONS PERMANENTLY RESIDING IN THE TERRITORY OF THE REPUBLIC OF BELARUS BY THE CANDIDATES FOR ADOPTIVE PERSONS PERMANENTLY RESIDING IN THE TERRITORY OF THE REPUBLIC OF BELARUS

 

39. International adoption by foreign citizens permanently residing in the territory of the Republic of Belarus or stateless persons of the children, being citizens of the Republic of Belarus, residing on the territory of the Republic of Belarus, as well as by permanently residing in the territory of the Republic of Belarus citizens of the Republic of Belarus, foreign citizens or stateless persons of the children, being foreign citizens or stateless persons, residing in the territory of the Republic of Belarus, shall be performed according to the application of this citizens at the place of children’s residence (location) by regional or Minsk City Court, that shall be submitted through the National Adoption Center according to the order established by Chapter 13 of the Code of the Republic of Belarus on Marriage and Family, on condition that written permit of the Minister of Education is received in every case.

40. The candidates for adoptive parents, specified in clause 39 of these Regulations, willing to adopt the children being citizens of the Republic of Belarus or children being foreign citizens or stateless persons and residing in the territory of the Republic of Belarus, shall submit to the department (division) of education at the place of their residence the documents in accordance with clause 4.1  of the List of administrative procedures carried out by the state bodies and other state organizations upon citizens’ applications, approved by the Edict of the President of the Republic of Belarus of April 26, 2010 No. 200 “On  administrative procedures carried out by the state bodies and other state organizations upon citizens’ applications” (hereinafter – the List) in order to receive the act of inspection of the living conditions of the candidates for adoptive parents (hereinafter – the act of inspection).

The documents (copies of documents) shall be confirmed in the established order by the organizations exercising their issuance or attested by a notary or by the official of the body of guardianship and trusteeship. The signatures of the candidates for adoptive parents and the adopted child shall also be certified by a notary or the official of the body of guardianship and trusteeship.

The following documents shall be legalized and translated into Russian (Belarusian) language in the established order, unless otherwise is provided by the international treaties of the Republic of Belarus:

written permit of the competent body of the state, the citizen of which is the child and, if it is required according to the legislation of foreign country, – child’s consent to international adoption – if the child, being a citizen of a foreign country, residing in the territory of the Republic of Belarus is adopted;

written permit for international adoption of the competent body of the state in the territory of which one of the candidates for adoptive parents is permanently residing, – if the child is adopted by a married couple in which one of the spouses permanently resides outside the Republic of Belarus;

The translation of the documents specified in part 3 of this clause may be certified by a notary in the Republic of Belarus, in the established order – in the state of residence of the candidates for adoptive parents or in the foreign institution of the Republic of Belarus.

41. The department (division) of education at the place of residence of the candidates for adoptive parents or organizations empowered by it within one month from the day of application of candidates for adoptive parents shall inspect their living conditions, examine personal peculiarities of the candidates for adoptive parents, way of life and family traditions, interpersonal relations in the family, estimate readiness of all members of family to satisfy the child’s life necessities, carry out or organize psychological diagnostics and preparation of the candidates for adoptive parents.

At the option of the candidates for adoptive parents psychological diagnostics and preparation may be carried out by specialists of the National Adoption Center upon an assignment of the department (division) of education.

If the stepfather (stepmother), grandfather or grandmother solicits for international adoption of a child, psychological diagnostics and preparation of candidates for adoptive parents shall not be performed.

42. To prepare the act of inspection the department (division) of education within three days from the day of application of candidates for adoptive parents shall require the following data:

that the candidate for adoptive parent has no convictions – from the respective department of internal affairs of regional executive committee or the main department of internal affairs of Minsk City Executive Committee; 

on whether he/she has ever been deprived of parents' rights or restricted in these rights, whether there has ever been a cancellation of adoption in relation to him/her, whether he/she has ever been declared incapable or restrictedly capable – from the court at the place of residence of the candidates for adoptive parents;

on whether the children of the candidates for adoptive parents have ever been admitted to be in need of state protection, whether he/she has ever been dismissed from the position of a guardian, a trustee for improper execution of the obligations entrusted – if needed from the executive and administrative body at the place of previous residence of the candidate for adoptive parent;

a copy of the document confirming the ownership of a candidate for adoption of dwelling premises  or  the right of use of the dwelling premises.

43. The documents specified in clause 4.1 of the List may not be accepted for examination and are to be returned to the candidates for adoptive parents in the case if the submitted documents testify that the candidates for adoptive parents are the persons who cannot be adoptive parents in accordance with article 125 of the Code of the Republic of Belarus on Marriage and Family.

44. The act of inspection according to the form, approved by the Ministry of Education, shall be issued to the candidates for adoptive parents in terms specified in clause 4.1 of the List, at the same time the documents submitted by them are returned. In the act of inspection the readiness of candidates for adoptive parents to carry out obligations on upbringing of children shall be indicated.

45. In the presence of the documents, specified in clause 4.1 of the List, and the act of inspection the candidates for adoptive parents shall apply to the National Adoption Center that carries out the selection of a child from the list of children, registered for not less than one year on the centralized accounting in the republican databank and shall issue to the candidates for adoptive parents a referral for acquaintance with a child in matters of international adoption.

Should the spouses apply for international adoption of a child one of which is a citizen of the Republic of Belarus permanently residing in the territory of the Republic of Belarus and the other – foreign citizen or stateless person permanently residing in the territory of the Republic of Belarus, the selection of a child shall be carried out from the list of children, registered on the centralized accounting in the republican databank not depending on the date of  his/her registry on the centralized accounting.

46. The National Adoption Center shall give information on candidates for adoptive parents and the child, offered for international adoption, from the list of children, registered on the centralized accounting in the republican databank, to the department (division) of education at the place of residence of a child.

The department (division) of education at the place of residence (location) of a child within one month shall submit to the National Adoption Center the documents, listed in clause 25 of these Regulations.

47. The candidates for adoptive parents have the right to get acquainted with the child in person on the basis of referral issued by the National Adoption Center. The National Adoption Center shall in advance inform in written the body of guardianship and trusteeship at the place of residence (location) of a child on directing the persons for acquaintance with a child.

Within one month the candidates for adoptive parents shall inform the National Adoption Center on decision taken on adoption of the offered child in written or orally.

48. In the case of consent for international adoption of the offered child the candidates for adoptive parents within one month shall submit to the National Adoption Center application, addressed to the regional court at the place of residence (location) of a child and in the city of Minsk – to the Minsk City Court, on international adoption of a child, drawn up in accordance with clause 17 of these Regulations. Besides, in the application there shall be indicated last name, first name and patronymic name that a child should be named with after international adoption as well as whether the date and the place of birth of a child are to be changed.

49. In the presence of the application of candidates for adoptive parents for international adoption of the definite child, drawn up in accordance with requirements of clause 17 of these Regulations, and the documents listed in clause 4.1 of the List and in clauses 25, 40 and 44 of these Regulations, the National Adoption Center prepares conclusion according to clause 28 of these Regulations and receives written permit of the Minister of Education for the international adoption or grounded refusal.

50. In the case of receiving written permit of the Minister of Education for international adoption within 5 days the National Adoption Center shall inform the candidates for adoptive parents on the necessity of payment of state duty for consideration of application in the court and submission of receipt.

In 3 days term from the day of submission of receipt on state duty payment the National Adoption Center shall submit the documents on international adoption to the respective regional court, and in the city of Minsk – to the Minsk City Court for consideration and taking of the decision.

On the basis of court ruling the department (division) of education at the place of residence (location) of adopted child shall request from his guardian documents of the child in accordance with the list established by article 3933 of the Code of Civil Procedure of the Republic of Belarus, which are to be submitted within 3 days from the day of receiving the request of department (division) of education and on the basis of which the conclusion on validity and adoption’s meeting the interest of a child, with the indication of data on the fact of personal communication of candidates for adoptive parents with the adopted child according to the form approved by the Ministry of Education.

51. In the case of getting written refusal of the Minister of Education on international adoption of a child, the National Adoption Center within 5 days shall return to the candidates for adoptive parents their application with the documents, listed in clause 4.1 of the List and in clauses 44 of these Regulations.

 

CHAPTER 4

PROCEDURE OF INTERNATIONAL GUARDIANSHIP, TRUSTEESHIP ESTABLISHMENT OVER UNDER-AGE CITIZENS OF THE REPUBLIC OF BELARUS OR FOREIGN CITIZENS OR STATELESS PERSONS PERMANENTLY RESIDING IN THE TERRITORY OF THE REPUBLIC OF BELARUS BY CANDIDATES FOR GUARDIANS, TRUSTEES PERMANENTLY RESIDING
OUTSIDE THE REPUBLIC OF BELARUS

 

52. The permanently residing outside the Republic of Belarus citizens of the Republic of Belarus, foreign citizens or stateless persons, petitioning on international guardianship, trusteeship establishment over under-age citizens of the Republic of Belarus, residing in the territory of the Republic of Belarus, as well as over the under-age citizens, being foreign citizens or stateless persons, residing (locating) in the territory of the Republic of Belarus, shall submit to the foreign institution of the Republic of Belarus at the place of their residence the following documents:

application on the intention to take the under-age child for their guardianship, trusteeship according to the form approved by the Ministry of Education, with the obligation to create the conditions required for his/her upbringing and development, with the indication of their last names, first names, patronymics, dates of birth, places and addresses of residence, phone, fax number, e-mail (if it is available). The application shall contain the term, the international guardianship, trusteeship to be established for. The candidates for guardian, trustee undertake to register the under-age person at the consular account in the foreign institution of the Republic of Belarus in their state within one month after the under-age person’s arrival to the state of their residence;

copy of identity document;

copy of the marriage certificate or other equivalent document;

medical certificates reflecting the state of health of the candidate for guardian, trustee and members of the family of the candidate for guardian, trustee;

reference on the place of employment and on the position held of the candidates for guardians, trustees;

reference on the salary (money allowance) of the candidates for guardians, trustees, or a copy of the income declaration or another document on incomes having been received within one year preceding the establishment of international guardianship, trusteeship;

a copy of the document confirming that the candidate for guardians, trustees has the right of ownership for a dwelling or the right to use a dwelling;

document-conclusion of the respective competent bodies (organizations) of the state of residence of the candidates for adoptive parents on social and psychological readiness of the candidates for guardians, trustees for international guardianship, trusteeship establishment over the under-age persons, on the presence of necessary living conditions and possibility of the candidates for guardians, trustees to properly bringing up and endowing the under-age person, over whom international guardianship, trusteeship is established;

document of the respective competent bodies (organizations) of the state of residence of the candidates for guardians, trustees on absence of convictions;

document of  the respective competent bodies (organizations) of the state of residence of the candidates for guardians, trustees containing the data on whether they have ever been deprived of their parents' rights or restricted in these rights, whether they have ever been declared incapable or restrictedly capable by a court, whether they have ever been dismissed from the position of a guardian, trustee for improper execution of the obligations entrusted, whether there has ever been a cancellation of adoption in respect of them, whether the children of the candidates for guardians, trustees have ever been admitted to be in need of state protection;

copies of the documents certifying cognation between candidates for guardians, trustees and the child, – at establishing international guardianship, trusteeship over the under-age person by his/her relatives;

written permit for international guardianship, trusteeship establishment of the competent body of the state of permanent residence of candidates for guardians, trustees;

written permit for international guardianship, trusteeship establishment of the competent body of the state of child’s citizenship – a foreign citizen;

document-guarantee of the competent body (organization) of the state of residence of the candidates for guardians, trustees on submitting to the National Adoption Center the information on living and upbringing conditions of the child annually, within all term of international guardianship, trusteeship;

written entry and permanent residence permit for the under-age person from the respective competent body of the state of residence of the candidates for guardians, trustees;

written consent of one of the spouses on international guardianship, trusteeship establishment over the under-age persons according to the form, approved by the Ministry of Education, – at establishing international guardianship, trusteeship over the under-age person by one of the spouses;

written consent of all adult members of the family of the candidate for guardians (trustees), living together with him/her;

autobiography of the candidate for guardian, trustee.

Documents (copies of the documents) indicated in part one of this clause shall be confirmed in the established order by the organizations exercising its issue or attested by a notary, as well as legalized in established order, unless otherwise is provided by the treaties of the Republic of Belarus, and translated into Russian (Belarusian) language. The translation of this documents into Russian (Belarusian) language may be certified in established order in the state of residence of the candidates for guardians, trustees or in the foreign institution of the Republic of Belarus, or by a notary in the territory of the Republic of Belarus.

The signatures of the candidates for guardians, trustees as well as their spouses` shall be certified by a notary or by the foreign institution of the Republic of Belarus.

The document indicated in indent two of part one of this clause shall be valid within one year.

53. The foreign institution of the Republic of Belarus in the state of residence of the candidates for guardians, trustees shall confirm the correctness of the execution and legalization of the documents submitted for consideration of the matter of international guardianship, trusteeship establishment and send the above documents by the very next diplomatic bag to the National Adoption Center through the Ministry of Foreign Affairs.

If there is no foreign institution of the Republic of Belarus in the foreign state the documents, shall be submitted through the nearest foreign institution of the Republic of Belarus.

54. The National Adoption Center shall examine the documents submitted. Should the documents of the candidates for guardians, trustees are drawn up incorrectly or do not correspond the list, established by clause 52 of these Regulations, or the term of validity of some documents has expired, the National Adoption Center shall inform about it the candidates for guardians, trustees and requests the missing documents.

The documents of the candidates for guardians, trustees can not be accepted for consideration and are to be returned according to the order, established by clause 26 of these Regulations, in the cases if:

the documents have come in the National Adoption Center without observance of order established by clauses 6 and 52 of these Regulations;

the submitted documents testify that the candidates for guardians, trustees are the persons who cannot be guardians, trustees in accordance with article 153 of the Code of the Republic of Belarus on Marriage and Family;

the candidates for guardians, trustees have applied to the National Adoption Center with request on documents return;

the circumstances prohibiting the international guardianship, trusteeship establishment appear:

death of the under-age person;

the under-age person loses the status of orphans and children left without parents care, in the order established by the legislation of the Republic of Belarus and his/her return to parents (a parent);

under-age person refuses of international guardianship, trusteeship establishment.

55. Within 14 days the National Adoption Center shall send to the respective department (division) of education at the place of residence (location) of the under-age person the data on the candidates for guardians, trustees, to whom the under-age person could be placed for international guardianship, trusteeship, and shall request the documents necessary for preparation of international guardianship, trusteeship over the under-age person.

56. The department (division) of education at the place of residence (location) of the under-age person shall submit to the National Adoption Center within one month:

the conclusion on advisability of the international guardianship, trusteeship establishment, according to the form approved by the Ministry of Education;

the copy of birth certificate;

the written consent of the child for international guardianship, trusteeship establishment if he/she has reached the age of ten years, according to the form, approved by the Ministry of Education, certified in respective order;

the copies of the documents confirming the absence of child’s parents or the existence of other grounds for international guardianship, trusteeship establishment (the copies of parents (parent) death certificate, the reference of the body of internal affairs on parents investigation, the copies of court decision on the deprivation of the parent’s (parents’) rights, on taking a child away without parents` rights deprivation, on declaration the parent incapable, restrictedly incapable, missing person, on declaration of the parent (parents) dead, on infliction of penalty to parents (parent) in the form of arrest, custodial restraint and other documents, proving impossibility of  children upbringing by their parents);

the written consent of  director of the children's hostel establishment, over the trusteeship of which the child is, on placement him (her) in the family of a guardian, trustee, according to the form, approved by the Ministry of Education, by the agreement with the Ministry of  Health and the Ministry of Labor and Social Protection or the written consent of guardian, trustee for the placement of a child in the family of a guardian, trustee, according to the form, approved by the Ministry of Education, – at establishment of international guardianship, trusteeship by his/her relatives;

the information on child’s personality, his/her origin, contacts with relatives, social environment, family history, any special needs of a child, measures taken to place a child in a family for upbringing, absence of citizens of the Republic of Belarus applying on placing a child in the family for upbringing according to the form, approved by the Ministry of Education (except for cases of establishment of international guardianship, trusteeship by candidates for guardians, trustees in whose family the child is being brought up);

the medical certificate on the state of health of the child being transferred to the guardian (trustee);

the copy of inventory of property belonging to a child, indicating place of location and measures taken for its safety;

the copy of resolution of local executive and administrative body on allocation of dwelling for a child, if it exists, and other documents, proving child’s right of ownership to dwelling;

the data on child’s brothers and sisters presence and their place of location at the moment of consideration of the matter of international guardianship, trusteeship establishment;

the written applications of child’s relatives, keeping in touch with him/her, on absence of their intensions to place the child in the family;

the written application of brothers and sisters, who has reached the age of 10 years, on possibility of international guardianship, trusteeship establishment over the child.

The documents (copies of documents) indicated in the part one of the present clause should be confirmed in the established order by the organizations exercising its issue or attested by a notary or by the official of the body of guardianship and trusteeship. The signature of a under-age person and signatures of his/her relatives, brothers and sisters should also be attested by a notary or the official of the body of guardianship and trusteeship.

57. After the preliminary examination of the documents of candidates for guardians, trustees and the documents of under-age person the National Adoption Center shall prepare the conclusion on possibility of international guardianship, trusteeship establishment over the under-age person, in established order shall receive the consent of the Ministry of Education and shall submit it and all documents listed in clauses 52 and 56 of these Regulations to the department (division) of education at the place of residence (location) of under-age person for preparation of the project of decision on international guardianship, trusteeship establishment.

58. The decision on international guardianship, trusteeship establishment over under-age person shall be taken by regional, city local executive and administrative body at the place of residence (location) of under-age person and shall be issued to a guardian, trustee within three days.

59.  Within 5 days since the day of decision taking the department (division) of education at the place of residence (location) of the child shall submit to the National Adoption Center and to the body, paying pension to the under-age person, the copy of decision of regional, city local executive and administrative body on international guardianship, trusteeship establishment.

60. The drawing up of departure of the under-age person under international guardianship, trusteeship out of the Republic of Belarus shall be executed in the order established by the legislation with the obligatory issue of the passport of a citizen of the Republic of Belarus if under-age person is a citizen of the Republic of Belarus.

 

CHAPTER 5

PROCEDURE OF INTERNATIONAL GUARDIANSHIP, TRUSTEESHIP ESTABLISHMENT OVER THE UNDER-AGE CITIZENS OF THE REPUBLIC OF BELARUS OR FOREIGN CITIZENS OR STATELESS PERSONS, PERMANENTLY RESIDING IN THE TERRITORY OF THE REPUBLIC OF BELARUS, BY THE CANDIDATES FOR GUARDIANS, TRUSTEES PERMANENTLY RESIDING IN THE TERRITORY OF THE REPUBLIC OF BELARUS

 

61. For consideration of the matter of international guardianship, trusteeship establishment by permanently residing in the territory of the Republic of Belarus foreign citizens or stateless persons over the under-age citizen of the Republic of Belarus, as well as by permanently residing in the territory of the Republic of Belarus citizens of the Republic of Belarus, foreign citizens or stateless persons over the child being foreign citizen or stateless person and residing in the territory of the Republic of Belarus, the candidates for guardians, trustees shall submit to the department (division) of education the documents specified in clause 4.4 of the List.

The documents (copies of documents) shall be duly confirmed by the organizations exercising its issue or attested by a notary or the official of the body of guardianship and trusteeship. The signatures of the candidates for guardians, trustees, as well as their spouses on the documents shall also be certified by a notary or the official of the body of guardianship and trusteeship.

Unless otherwise is provided by the  international treaties of the Republic of Belarus, the written permit of the competent body of the state of citizenship of a child, at establishment of guardianship, trusteeship over the child being citizen of foreign state and residing in the territory of the Republic of Belarus, shall be legalized and translated into Russian (Belarusian) language. The translation of this document may be certified in the established order in the state of citizenship of a child, in the foreign institution of the Republic of Belarus or by a notary in the Republic of Belarus.

62. Within 5 days since the day of submission of application with all necessary documents by the candidate for guardian, trustee the department (division) of education shall request from corresponding bodies and organizations the following data and documents:

on absence of candidate’s for guardian, trustee convictions – from the respective department of internal affairs of regional executive committee or the head department of internal affairs of Minsk City Executive Committee; 

on whether he/she has ever been deprived of parents' rights or restricted in these rights, whether there has ever been a cancellation of adoption in relation to him/her, whether has ever been declared incapable or restrictedly capable – from the court at the place of residence of the candidates for guardian, trustee;

on whether the children of the candidates for guardians, trustees have ever been admitted to be in need of state protection, whether he/she has ever been dismissed from the position of a guardian, a trustee for improper execution of the obligations entrusted – if needed from the executive and administrative body at the place of previous residence of the candidate for guardian, trustee;

reference on the place of employment and position held of the candidates for guardian, trustee;

reference on salary (money allowance) of the candidates for guardian, trustee or a copy of the income declaration, or another document on income having been received within one year preceding the international guardianship, trusteeship establishment;

copy of the document certifying the right of the candidates for guardian, trustee to use a dwelling or certifying their ownership for a dwelling.

63. The documents listed in clause 4.4 of the List may not be accepted for examination and are to be returned to the candidates for adoptive parents in the cases if the submitted documents testify that the candidates for guardians, trustees are the persons who cannot be guardians, trustees in accordance with article 153 of the Code of the Republic of Belarus on Marriage and Family.

64. Within two weeks since the day of application of the candidates for guardians, trustees the department (division) of education shall inspect their living conditions, examine personal peculiarities of the candidates for adoptive parents, way of life and family traditions, interpersonal relations in the family, estimate readiness of all members of the family to satisfy the child’s life necessities, and shall reflect it in the act of inspection of living conditions of candidates for guardians, trustees (hereinafter referred to as the act of inspection) according to the form, approved by the Ministry of Education. The consent of other adult members of family, living together with the applicant, shall be indicated in the act.

65.  For the consideration of the matter of international guardianship, trusteeship establishment over under-age person and a guardian, trustee appointment, the department (division) of education shall prepare the following documents in respect of under-age person:

copy of birth certificate;

medical certificate on the state of health of the child being transferred to the guardian (trustee);

written consent of  director of the children's hostel establishment, under the trusteeship of which the child is, on placement him/her in the family of a guardian, trustee, according to the form, approved by the Ministry of Education, by the agreement with the Ministry of  Health and the Ministry of Labor and Social Protection or the written consent of guardian, trustee for the placement of a child in the family of a guardian, trustee, according to the form, approved by the Ministry of Education, – at establishment of international guardianship, trusteeship by his/her relatives;

the written consent of the child for international guardianship, trusteeship establishment if he/she has reached the age of ten years, according to the form, approved by the Ministry of Education, certified in the established order;

data on child’s brothers and sisters presence and their place of location at the moment of consideration of the matter of international guardianship, trusteeship establishment;

information on child’s personality, his (her) origin, contacts with relatives, social environment, family history, any special needs of a child, measures taken to place a child in a family for upbringing, absence of citizens of the Republic of Belarus applying on placing a child in the family for upbringing according to the form, approved by the Ministry of Education;

written applications of child’s relatives, keeping in touch with him/her, on absence of their intensions to place the child in the family;

written applications of brothers and sisters, who has reached the age of 10 years, on the possibility of international guardianship, trusteeship establishment over the child;

documents on education (for school age children);

copy of inventory of property belonging to a child, indicating the place of location and measures taken for its safety;

copy of resolution of local executive and governing body on allocation of dwelling for a child, if it exists, and other documents, proving the child’s right of ownership to dwelling;

document on account presence, opened under child’s name;

other documents, that are in the personal record of a child (pension certificate or the documents on record of service and parents’ income, the conclusion of  medical rehabilitation expert commission and other).

The documents (data) indicated in part one of this clause should be confirmed in the established order by the organizations exercising its issue (preparation), the copies of documents, signatures of persons, giving written consents, submitted written applications should be attested by a notary or by the official of the body of guardianship and trusteeship.

66. On the basis of application, documents and data, indicated in clause 4.4 of the List, clauses 62 and 65 of these Regulations, as well as the act of inspection of the department (division) of education shall prepare the conclusion on possibility of international guardianship, trusteeship establishment over the under-age person (persons) and assignment of a guardian, trustee.

67. The department (division) of education at the place of residence of the candidates for guardian, trustee within 5 days shall send to the National Adoption Center the documents, indicated in clause 4.4 of the List, clauses 62 and 64-66 of these Regulations, to receive permission of the Ministry of Education.

68. After the preliminary examination of the indicated documents the National Adoption Center shall prepare the conclusion on possibility of international guardianship, trusteeship establishment over the under-age person (persons), in the established order shall receive the consent of the Ministry of Education and within 5 days since the day of its receiving shall submit the written permit of the Ministry of Education for international guardianship, trusteeship establishment and the documents, indicated in clause 4.4 of the List, clauses 62 and 64-66 of these Regulations to the department (division) of education at the place of residence (location) of the under-age person for preparation of the project of decision on international guardianship, trusteeship establishment.

69. The decision on international guardianship, trusteeship establishment over the under-age person shall be taken by regional, city local executive and administrative body at the place of residence (location) of under-age person and shall be issued to a guardian, trustee within 3 days.

70.  Within 5 days since the day of decision taking the department (division) of education at the place of residence (location) of  under-age person shall submit to the National Adoption Center and to the body, paying pension to the child, the copy of decision of regional, city local executive and administrative body on international guardianship, trusteeship establishment.

 

CHAPTER 6

PROCEDURE OF RECOGNIZING AS BEING VALID IN THE REPUBLIC OF BELARUS OF INTERNATIONAL ADOPTION OR INTERNATIONAL GUARDIANSHIP, TRUSTEESHIP IN RESPECT OF THE CHILDREN BEING THE CITIZENS OF THE REPUBLIC OF BELARUS AND RESIDING OUTSIDE THE REPUBLIC OF BELARUS

 

71. The international adoption of the child being the citizen of the Republic of Belarus, residing outside the Republic of Belarus, carried out by the competent body of a foreign state of adopter’s citizenship – a foreign citizen or in the territory of which the adopter – stateless persons is permanently residing, shall be valid in the Republic of Belarus if the written permit of the Ministry of Education for international adoption (hereinafter – written permit for international adoption) based on the written consent of the bodies of guardianship, trusteeship at the place of child’s last residence (location) in the territory of the Republic of Belarus, is received.

72.  The international guardianship, trusteeship established over the under-age citizens of the Republic of Belarus in accordance with the legislation of respective states, are recognized to be valid in the Republic of Belarus, if there are no objections of foreign institutions of the Republic of Belarus against international guardianship, trusteeship establishment or against their recognition, which should receive the competent opinion of the Ministry of Education (hereinafter – written permit for establishment of international guardianship, trusteeship) based on the written consent of the bodies of guardianship, trusteeship at the place of child’s last residence (location) in the territory of the Republic of Belarus.

73. To receive the written permit for international adoption of the child being a citizen of the Republic of Belarus or the written permit for establishment of international guardianship, trusteeship outside the Republic of Belarus, the permanently residing outside the Republic of Belarus foreign citizens or stateless persons (hereinafter referred to as the applicants) shall submit through the foreign institution of the Republic of Belarus to the National Adoption Center the following documents:

application with request for issuing of the written permit for international adoption of the child being a citizen of the Republic of Belarus or the written permit for establishment of international guardianship, trusteeship over him (her);

document-conclusion of  respective competent bodies (organizations) of the state of residence of applicants about social and psychological readiness of the applicants for fulfilling the duties on upbringing the children, on availability of necessary dwelling conditions and abilities of the applicants to duly bring up and materially support the child;

copy of the marriage certificate of the applicants – at international adoption of the child or establishing international guardianship, trusteeship over him/her by a married couple;

copies of the documents certifying cognation between the applicants and the child, – at international adoption of the child or establishing international guardianship, trusteeship over him/her by his/her close relatives;

copies of the documents certifying the right of the applicants to use a dwelling or certifying their ownership to a dwelling;

reference on the place of employment and position held of the applicant (applicants);

reference on salary (money allowance) of the applicant (applicants) or a copy of the income declaration, or another document on income having been received within the preceding calendar year;

copy of identity document of the applicant (applicants);

medical certificate on the state of health of the candidate for adoptive parent, guardian (trustee);

copy of birth certificate;

copy of documents on absence of the child’s parents (the copy of death certificate, court decision on deprivation of the parents’ rights, on considering the parent to be missing person; the act of the body of internal affairs on detection of the abandoned child; the joint act of the organization of health and the body of internal affairs on retaining the child in the organization of health; the document certifying the record of data on the parent in accordance with Article 55 of the Code of the Republic of Belarus on Marriage and Family; the application of  parents (a parent) on consent for child’s adoption in the case of the parent (parents) disavow of the child;

written consent of the child for international adoption or international guardianship, trusteeship establishment if he/she has reached the age of ten years;

document-guarantee of the competent body (organization) of the state of residence of the applicant (applicants) on submission of the information on living conditions and upbringing of the adopted child to the National Adoption Center annually during five years after his international adoption (except for the cases of international adoption by the stepfather (stepmother)) or submission of the information on living conditions and upbringing of the child transferred into the guardianship, trusteeship, annually during the whole period of the guardianship, trusteeship;

written consent of the mother (father) for adoption of the child by the spouse – concerning international adoption of a child by the stepfather (stepmother);

document of  respective competent bodies (organizations) of the state of residence of the applicants about absence of their criminal record;

document of  respective competent bodies (organizations) of the state of residence of the applicants, containing data on whether they have ever been deprived of their parents' rights or restricted in these rights, whether they have ever been declared incapable or restrictedly capable by a court, whether they have ever been dismissed from the position of a guardian or a trustee for improper execution of the obligations entrusted, whether there has ever been a cancellation of adoption in respect of them, whether the children of the candidates for adoptive parents have ever been admitted to be in need of state protection.

Documents (copies of the documents) indicated in part one of this clause should be certified in the established order by the organizations exercising their issue or attested by a notary, as well as legalized in established order, unless otherwise is provided by the treaties of the Republic of Belarus, and translated into Russian (Belarusian) language. The translation may be certified in established order in the state of residence of the candidates for adoptive parents, in the foreign institution of the Republic of Belarus or by a notary in the Republic of Belarus.

The signatures of the candidates for adoptive parents shall be certified by a notary, the signature of the child – by a notary or in the foreign institution of the Republic of Belarus.

The validity term of the document specified in indent ten of part one of this clause is one year.

74. The National Adoption Center shall examine the documents submitted by the applicant (applicants) and shall submit the data on applicant (applicants) to the department (division) of education at the child’s last place of residence (location) for receiving the written consent of the bodies of guardianship and trusteeship to recognizing to be valid in the territory of the Republic of Belarus of international adoption of the child being the citizen of the Republic of Belarus carried out outside the Republic of Belarus, or to recognizing to be valid in the Republic of Belarus of international guardianship, trusteeship established over him/her (hereinafter referred to as the written consent) or the grounded refusal of its issue.

The documents listed in clause 73 of these Regulations may not be accepted for examination and are to be returned in the order established by part two of clause 26 of these Regulations in the case if the submitted documents evidence that the applicant (applicants) are the persons who may not be adoptive parents or guardians, trustees in accordance with Articles 125 and 153 of the Code of the Republic of Belarus on Marriage and Family.

75. On the basis of the written consent of the bodies of guardianship and trusteeship at the child’s last place of residence (location) and documents, indicated in clause 73 of these Regulations, the National Adoption Center shall prepare a conclusion on the expediency or on the expediency establishment of international guardianship, trusteeship over him, obtain the written permit for international adoption of the child or the written permit for establishment of international guardianship, trusteeship over him/her and direct them to the Ministry of Foreign Affairs for subsequent legalization and transfer to the competent body of the state of applicant’s (applicants’) residence through a respective foreign institution of the Republic of Belarus.

 

CHAPTER 7

PROCEDURE OF EXERCISING CONTROL OVER LIVING AND UPBRINGING CONDITIONS OF THE CHILDREN BEING THE CITIZENS OF THE REPUBLC OF BELARUS IN RESPECT OF WHOM THE INTERNATIONAL ADOPTION OR INTERNATIONAL GUARDIANSHIP, TRUSTEESHIP HAS BEEN ESTABLISHED

 

76. The control over living and upbringing conditions of the child residing outside the Republic of Belarus, over whom international adoption or international guardianship, trusteeship has been established shall be exercised in accordance with the legislation of the Republic of Belarus and the state of child’s residence, the treaties of the Republic of Belarus.

77. The control over living and upbringing conditions of the child residing in the territory of the Republic of Belarus, over whom international adoption or international guardianship, trusteeship has been established by the foreign citizens or stateless persons, permanently residing in the territory of the Republic of Belarus shall be exercised in the order established by the Council of Ministers of the Republic of Belarus for the citizens of the Republic of Belarus.

78. For the purpose of exercising control over living and upbringing conditions of the child residing outside the Republic of Belarus, over whom international adoption or international guardianship, trusteeship has been established, within two weeks since the day of coming into force of the court decision on international adoption or of the decision of the regional, city local executive and administrative body on international guardianship, trusteeship establishment the National Adoption Center shall direct the information on it to the Ministry of Foreign Affairs for passing it to the foreign institution of the Republic of Belarus of the state of adopter’s, guardian’s, trustee’s permanent place of residence.

79. The children being the citizens of the Republic of Belarus, over whom international adoption or international guardianship, trusteeship has been established, shall be registered at the consular account by the foreign institutions in accordance with the legislation of the Republic of Belarus. Twice a year the foreign institutions shall submit to the National Adoption Center the information on children – the citizens of the Republic of Belarus, registered at the consular account and taken off the consular account for the reporting period.

80. Foreign institutions of the Republic of Belarus shall exercise the collection of data on children, being the citizens of the Republic of Belarus, under international adoption, residing outside the territory of the Republic of Belarus, shall examine their living conditions and inform the Ministry of Education on it every half a year.

81. The National Adoption Center shall exercise control over the submission of information on living and upbringing conditions of children, residing outside the Republic of Belarus of adopter’s, guardian’s, trustee’s permanent residence or citizenship:

in respect of adopted children – within 5 years since the day of international adoption;

in respect of children placed under international guardianship, trusteeship, – till the child’s coming of age.

82. The copies of reports on living and upbringing conditions of children, over whom international adoption or international guardianship, trusteeship has been established, within two weeks the National Adoption Center shall direct to the body of guardianship and trusteeship under trusteeship of which the child was before international adoption or international guardianship, trusteeship establishment.

83. The matters of citizenship of children, adopted internationally outside the Republic of Belarus shall be regulated by the Law of the Republic of Belarus of August 1, 2002 “On Citizenship of the Republic of Belarus”.

84. Should the rights and legal interests of a child, established by the legislation of the Republic of Belarus and (or) the legislation of a foreign country of child’s residence, be broken in the result of international adoption or international guardianship, trusteeship establishment, this adoption, guardianship, trusteeship shall be subject to cancellation in the order, established by the legislation of the Republic of Belarus and (or) the legislation of a foreign country. The matter on life organization of this child shall be solved by the competent bodies of both countries.

*unofficial translation*