International Adoption of Children
International adoption is allowed in the Republic of Belarus in cases, if it was not possible to give Belarusian children for adoption by their relatives or to citizens of the Republic of Belarus during 6 month after the children were included into the republican adoption databank. Citizenship and place of residency of the relatives in this case is not important. The National Adoption Center forms the list of children who may be adopted by foreign citizens out of the children registered in the databank.
Mediation activity for adoption is prohibited. Assistance of bodies of executive power and bodies of guardianship and wardship within their functions is not considered mediation activity.
In case of adoption of a sick child, potential adoptive parents are given all information about the child’s health after they put their signatures. If the potential parents doubt the diagnosis of the adoptive child, they may turn to any medical institution for consultation.
Adoption of brothers and sisters by different persons, as a rule, is not allowed, except for the cases, when the adoption corresponds with children’s interests.
Potential adoptive parents shall personally:
- before taking the decision on adoption, visit the relevant department at the local executive and administrative body on the territory of which the child lives, in order to hold an interview and to receive direction (“napravleniye”) to the child’s establishment to get to know the child and (or) talk to him/her;
- familiarize and establish a contact with the child;
- participate in court hearing;
- obtain a decision on adoption;
- take the child from the place he/she lives after the decision on adoption has been received.
Adults of both sexes may become adoptive parents except for persons:
- recognized incapable by court;
- deprived of parental rights or limited in those rights;
- dismissed from the duties of a guardian for improper fulfillment of the duties;
- former adoptive parents, if adoption has been abolished through their fault;
- persons who do not have sufficient income;
- persons not having permanent place of residency;
- persons having conviction for intended crime at the moment of adoption;
- persons who cannot adopt a child because of their health.
Besides, only the citizens or residents of foreign countries the authorized state agencies of which have agreed the procedure of international adoption in accordance with the Belarusian rules and interect with the Belarusian authorized bodies on this matter and which have submitted a document-guarantee that the National Adoption Center of Belarus will receive reports about the living conditions and upbrining of the adopted children during first 5 years after the children were adopted (the authorized body of the foreign state shall annually approve such a report to Belarusian center) may adopt Belarusian children.
The departure of the adopted child is registered in order established by legislation. The child is given a passport of the citizen of the Republic of Belarus, if he/she has Belarusian citizenship.
Certificate of adoption and certificate of birth of the adopted child are legalized in the Ministry of Foreign Affairs of the Republic of Belarus.
In order to adopt a child, foreign citizens shall submit an application about their intent to adopt a child to the authorized state body of their residency. The application shall contain:
- last name, name, date of birth and place of residency of an adoptive parent;
- obligation to create proper conditions for upbringing and development of a child;
- obligation to put the child for consular record in diplomatic mission or consular mission of the Republic of Belarus in one-month term after his/her arrival to the country.
In case if potential adoptive parent ask for adoption of a certain child, they are to state the last name, name, middle name, date of birth, place of residency (stay) of the given child and circumstances being grounds for the request to adopt this particular child. If the child is adopted by a married couple, they give a joint application, if the child is adopted by a wife/husband, a written consent of the husband/wife shall be attached to the application.
Authorized body of the state of residency of the candidates for adoption considers their application and sends it to the consular establishment (department) of the Republic of Belarus in this country.
Consular establishment (department) confirms the accuracy of registration and legalization of the documents and send its through Ministry of Foreign Affairs of the Republic of Belarus to the National Adoption Center. The Center considers documents and chooses the child for adoption, if the child has not been mentioned in application. Then the Center informs department of local executive body at the place of residency of the child about the child and adoptive parents. The department (on guardianship and wardship) in one month term sends to the National Adoption Center information about expediency of adoption of this certain child.
National Adoption Center sends its suggestions about adoption of this given child to the authorized body of the state of citizenship of adoptive parents and to the adoptive parents in order to familiarize and take the decision about adoption of this child for the terms up to 1 month. Representatives of this authorized body and potential adoptive parents have the right to personally get to know the child in child’s orphanage (boarding establishment).
If the adoptive parents agree to adopt this child, they and the authorized body of their country in one month term send to the National Adoption Center an application for adoption of this child addressed to the Oblast court at the place of location of the child or in Minsk City court – if the child is in Minsk. It is necessary to mention in the application the name and last name that shall be given to the child after adoption.
After the application and a written consent of the authorized body of the potential adoptive parents are received the National Adoption Center prepares a conclusion on possibility of the adoption and agrees it with the Ministry of Education of the Republic of Belarus.
If a person has the following illnesses he/she cannot adopt children:
- Chronic illnesses of inner organs, nervous system, skin and musculoskeleton system
- Tuberculosis (active and chronic)
- Cancerous oncological illnesses of different localizations before the person is released from a clinic
- Drug addiction, toxicomania; alcoholism, alcohol abuse, alcohol psychosis
- Mental diseases
All illnesses and injuries causing to disablement of I and II category.
A consent of a child who is 10 years old or older is needed for adoption. The consent is not needed if the child has already lived in the adoptive family and thinks of the adoptive parent as his/her own parent.
The children whose parents are deceased; unknown; have been deprived of parental rights; have given consent for adoption; have been recognized incapable, missing or deceased by court and they have to be included into the list of children for international adoption by the National Adoption Center.
The following documents shall be enclosed:
- copy of passport or other identification document;
- copy of a marriage certificate or other document certifying the marriage (if a married couple wants to adopt);
- medical resolution about the health of potential adoptive parents;
- certificate from the place of work of the potential adoptive parents about their salary and their position;
- document from authorized bodies (organizations) of the state of residency about the fact that at the moment the potential adoptive parents have submitted the application about their intent to adopt a child they:
- did not have convictions for intended crimes;
- have not been deprived parental rights and have not been limited in those rights;
- have not been recognized incapable or partially capable;
- have not been dismissed from guardian, trustee’s duties for improper fulfillment of their duties;
- in relation to them no adoption has been earlier abolished;
- have proper housing conditions and ability to proper upbringing and financial support the adopted child;
- document confirming the right to use a living quarters or confirming the property rights for the living quarters;
- written permission of the relevant authorized body of the state of residency of the potential parent(s) for arrival and permanent residency of the child in the state.
All mentioned documents (except for the passport copy or copy of other identification document), as well as signatures of potential adoptive parents shall be notarized and legalized.