Everything except Italy. Tomorrow, the State Duma will consider in the first reading the next amendments prohibiting the adoption of Russian children by foreigners. Who will be affected by the new bans and why are they needed, said Igor Sevryugin, a parliamentary correspondent for Dozhd, and Anton Zharov, adoption lawyer.

Dzyadko: Tell me, how much is all expected for you?

Zharov: Very expected. In fact, the termination of international adoption has already taken place. Now the deputies, in a strange way, through such a well-known person by the name of Fedorov, are again pushing the law, which, unfortunately, again has not been passed by any expert community, has not been discussed with anyone. And just the very first decision that came to mind, the very first idea in response to some problem that arose in the head of a particular deputy, this law is being pounded. Whether it will be adopted or not - this does not matter much, because today, in fact, and so, international adoption has been practically stopped to zero.

Dzyadko: Why?

Zharov: There is a very interesting story here. In the CIS countries, no one adopts any children, except for the options when the stepfather or stepmother adopts the child ...

Dzyadko: I mean, there are no volunteers?

Zharov: Of course not willing. Ukraine has its own problems, there is no queue to Kazakhstan either. They have plenty of children of their own. They have no need to go to Russia to adopt children. When we talk about international adoption, we mean adoption in Europe and earlier in the United States. Now in the US there is no adoption at all. In Europe, the situation is as follows - it has practically dropped to zero, adoption is only going to Italy and not only, because there is an agreement, because our courts in an interesting way accept this norm prohibiting adoption to single persons if same-sex union is allowed in this country.

After all, when your colleague said that adoption is prohibited in countries where same-sex marriage is allowed, this is not entirely true. Adoption by single people in these countries is prohibited, because suddenly he is the same, respectively, and same-sex couples go there. But our law enforcement officers, our courts have gone very far in this matter. They still do not allow adoption, explaining this by the following point - if something suddenly happens to the adoptive parent, the child will be left without parental care and can be placed in a same-sex family. That is, if the parents ...

Dzyadko: Here is a hypothetical situation on a hypothetical situation.

Zharov: Absolutely. That is, if both mom and dad die, and I must say that foreign adoptive parents are practically not given permission by local authorities, if they are not married, it is impossible to get it, for example, neither in Italy nor in Spain. A single adoptive parent practically does not receive permission there. The couple is married, and they actually say to her: "When you die, you are going to die before the child comes of age, and then the child can get into a same-sex family."

Again, very hypothetically, because in these countries it is not animals either who do not deliberately spoil the child's life or build it up in some other way. But this hypothetical situation, unfortunately, works almost like a clock. And there is absolutely no adoption in Western countries now.

Dzyadko: Why do you say that European adoption is practically zero, because there are not so many countries where same-sex marriages are allowed?

Zharov: Well, there is again a hypothesis on a hypothesis. In very many countries, same-sex marriage is not allowed, but various kinds of cohabitation are allowed, which are recognized as marriages to one degree or another. But our law enforcement practice interprets everything as broadly as possible. If at least in some form the country has recognized that there are same-sex unions, goodbye, adoption in this country is not carried out, because, God forbid, history will happen and further in the text.

But here the question is much broader than the initiative of a small five or ten deputies. Here the question is about what we are solving, what problem. After all, the issue of foreign adoption is not a thing in itself, it is a humanitarian issue. After all, adoption in another country around the world is perceived as the last chance for a child, which means that he could not be adopted in the country inside. In the Russian Federation, adoption abroad is, in principle, possible only if the child has been in the federal database for 12 months. This means at least 14, and in life it is 15-16 months of being in a child care institution, and maybe more.

In principle, no one needed this child for 15-16 months on the territory of the Russian Federation, either under guardianship, or in a foster family, or carcasses, or stuffed animals, to paraphrase the anecdote. And in this situation, out of despair, they try to give the child a family, believing that the family is more important for the child than any ideas about where he was born, and there it came in handy. It is this question that the deputies today are closing the last wicket through which it was possible to somehow get through, although in fact no one has got through it anymore.

Dzyadko: We heard today's speech by Olga Batalina in the Cathedral of Christ the Savior, if I'm not mistaken, there was a certain event dedicated to adoption in particular. And she says that "Dima Yakovlev's law" has given positive results over the past two years, that it is in effect. Do you agree with her similar assessment?

Zharov: A very positive result - everyone started talking about it. He did not give any more positive result. He gave the results, in my opinion, directly negative. According to statistics, there are fewer orphans, in fact, the number of children in orphanages has not decreased, the number of children who can be adopted has simply decreased.

Dzyadko: Explain.

Zharov: The federal center requires a figure so that there is a lower-or-lower figure in the data bank of orphans. How can you reduce it? Send fewer children there. How is this done? If earlier the child ended up in the child's home, and almost immediately it could be transferred to the family, now, by hook or by crook, in various other ways, statements are received from relatives or from the child's mother that she allegedly temporarily placed the child in an orphanage. And a child can stay there for 3 years, 2 years, as many years as he wants, being considered as a parent.

The state pays the orphanage to be there, he is not considered an orphan, no one will give him to the family, there are no orphans in the data bank, no one is trying to arrange him in the family. In fact, parental care has been lost, but everyone is happy. The orphanage remained alive, the number of children in the data bank is falling, everyone is happy. But in reality the orphan problem is not being solved. Nobody asked the specialists about anything, everything was under the slogan “Give a figure, let's decrease it”, only Pavel Alekseevich and respected Olga Batalina could report that there were fewer orphans.

Dzyadko: If we talk about the number, have our citizens started to adopt more?

Zharov: No, the number of devices per family has remained at about the same level, it fluctuates from year to year. But you need to understand that if only adolescents - 12-13 and older years old and children with very serious diseases - are left in the data bank, then you need to understand that this figure will fall. Indeed, there is not so much to take a child with big problems neither in Russia, nor abroad, anywhere.

Dzyadko: And do people, citizens of other states, be it the United States, have those people who fell under the "law of Dima Yakovlev", or if we are talking about a single person, for example, from France, where a law has been passed allowing same-sex marriage, is there a possibility , if there are precedents of successful appeals against refusals in Russian courts?

Zharov: In principle, this is impossible, because these paths have passed not once, not two or three times up to the Supreme Court, and the answer is always the same. You see, this is a campaign, here no one thinks about children, here no one thinks about why this is being done and why. Here the command “Atu!” Is simply said, let's do it like this, and this is how it is done.

Unfortunately, most of the laws on children's topics that are now being adopted begin with the word “prohibit”. Prohibit adoption, prohibit custody, restrict, make it even more difficult, and so on. Therefore, children find it very difficult to get into families, which means that they have fewer chances to get there, which means that they have more chances to grow up in an orphanage with understandable consequences for these children.

Dzyadko: Communicating with people who deal with this issue, do you or other experts have a feeling that in the near future the vector or trend with regard to adoption will be changed from prohibitive to some other?

Zharov: I don't think so. If I were the director, if I were a deputy, this is the first thing I would do. Our government spending on education is decreasing, our government spending on healthcare is decreasing. This means that the issue of cutting costs will inevitably affect orphans. This means that even their today's stay in an orphanage will be even more difficult, difficult, and terrible. Name any word.

This means that by forbidding these children to get into a family of foreigners, or into any family in general, we make it so that these orphans can even less count on getting into a family, and will have to worry with our country, although they are absolutely not in this. we are to blame, we are of the age when we vote, and these children did not even vote, to experience the problems that most likely await us in the near future, although they are not guilty of anything.

Igor Sevryugin:

In Italy, there are no same-sex marriages and there is an adoption agreement, which is necessary to take Russian children into a family. If the law is adopted, then only the existence of such an agreement will give the right to adopt orphans from Russia. Those who do not have such a document will be banned. The corresponding amendment to the Family Code will be considered in the first reading on Tuesday. The authors of the bill believe that this will ensure the safety of children during adoption.

The bill was submitted to the State Duma a year ago. After all the approval procedures, the deputies are ready to submit it to the court of other parliamentarians. The initiative belongs to Evgeny Fedorov. The authors of the bill were also United Russia deputies Anton Romanov, Gennady Kulik, Oleg Valenchuk, Airat Khairullin, as well as members of the A Just Russia faction Alexander Terentyev and Oleg Mikheev.

As Evgeny Fedorov noted, control over the observance of the rights of Russian children abroad will be entrusted to Russian embassies and consulates. The deputy also added that now only Italy and France have agreements on adoption with Russia.

But in France, same-sex marriage is allowed, and in this case, the adopted law will conflict. There seems to be an Adoption Agreement, but in July 2013, Russia introduced a ban on the adoption of children by same-sex families.

Following this, our country stopped the practice of international adoptions with those countries where same-sex marriage and marriage are allowed and there are no agreements with Russia on adoption. In addition to France, Spain is also banned. This, incidentally, is the third country in terms of the number of adopted Russian children, said Deputy Fedorov. But even if she draws up an adoption agreement with Russia, she will still be banned. Chances of international adoption remain in Finland, where there are also a lot of orphans from Russia, and there are no same-sex marriages there yet.

But even if the United States tries to conclude such an agreement, it will most likely not work either. Indeed, since January 1, 2013, Russia has signed the “Dima Yakovlev Law” prohibiting Americans from adopting Russian children. And as deputy Olga Batalina said today, there are already positive results from this law.

In addition to all the currently existing bans, as well as those that are planned, for a long time they discussed the possibility of a ban on the adoption of Russian children by citizens of those countries that have applied sanctions against Russia, its citizens and legal entities. But the initiative of the deputy from the LDPR faction Roman Khudyakov was commented on by Olga Batalina, who said that there were no grounds for such a ban. But there is a basis for the Agreement on adoption, for which the State Duma will vote in the first reading tomorrow.

The deputies propose to remove the members of the Commonwealth of Independent States from the effect of these amendments. That is, the CIS does not need to formalize any agreements with Russia. The adoption procedure will remain the same.

At the moment, Italy is the only country whose citizens can adopt Russian children. This is due to the fact that same-sex marriage is prohibited in Italy. According to the Sky TG24 TV channel, the ban on the adoption of children from Russia by foreigners is part of Putin's campaign against homosexuality.

In state orphanages, more than 120,000 children are awaiting to be handed over to a loving European family. But from now on, only traditional families, with mom and dad, and exclusively from Italy can do it.

These are the new rules for the adoption of children from Russia. This was announced by Pavel Astakhov, Commissioner for Children's Rights under the President of the Russian Federation. This decision was part of an extremely tough campaign against homosexuality, which was recently launched by Vladimir Putin. In Italy, it is forbidden to conclude same-sex marriages, therefore the Russian side considers this country to be the most suitable for Russian children.

Of course, this is good news for Italian couples who are awaiting permission to adopt young Russians. Up to this point, Italians have adopted an average of about 700 Russian children a year. Now this decision may open up more opportunities for adoption.

Although behind such a disappearance of competitors from other countries, there are very alarming prejudices. It is known that President Putin wants all foreign states to prevent Russian children from falling into same-sex families, where chaos, immorality and perversion reign.

Previously, the ban applied to US citizens, despite the fact that they adopted about a thousand children annually. From now on, it also applies to countries such as Great Britain, Spain and France.

There remain fears that they will have to pay for this, 120 thousand children, who expect to be surrounded by love in the future.

Ketty Riga, Sky TG24.

source SKY TG24 Italy Europe tags

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The Italian Foreign Ministry reports that it has achieved the lifting of the ban on the adoption of Belarusian children. The Belarusian Foreign Ministry claims that there was no ban.

The message that Italy had achieved the lifting of the previously introduced ban on the adoption of children from Belarus by Italian citizens was published on February 26 on the website of the Italian Foreign Ministry. According to the Italian Foreign Minister Federica Mogherini, an agreement on this was reached following the results of lengthy negotiations between the deputy head of the Italian Foreign Ministry Marta Dassou and her Belarusian counterpart Elena Kupchina.

“This issue was brought to the attention of the President of the Republic, Giorgio Napolitano, at the request of the families with whom the Ministry of Foreign Affairs was in constant contact,”- reported on the website of the Italian Foreign Ministry.

According to the press secretary of the Belarusian Foreign Ministry Dmitry Mironchik, the question of canceling the ban on the adoption of Belarusian children by citizens of Italy cannot go due to the fact that "There was no ban as such."

“Diplomatic work in this direction is carried out at various levels. The whole process is carried out in strict accordance with the legislation of the Republic of Belarus, ”Dmitry Mironchik said at a briefing on February 27.

Let us remind you that Italy is the only state that has agreed with Belarus the procedure for international adoption. Italian citizens adopt Belarusian children every year. However, the Ministry of Education, which regulates this process, does not name the number of adoptions.

The issue of international adoption is considered within a month at the local guardianship and guardianship authorities, then at the National Adoption Center and sent to the Minister of Education for a resume. International adoption is governed by chapter 13 and art. 233 of the Marriage and Family Code, Resolution of the Council of Ministers of January 31, 2007 No. 122 “On Certain Issues of Adoption (Adoption), Establishment of Custody, Guardianship of Children”. For international adoption, children may be recommended who have been in the data bank of children to be adopted for at least a year and who have not been able to find a family in Belarus.

At the end of 2010, the then head of the Ministry of Foreign Affairs of Belarus Sergey Martynov handed over to the Italian Foreign Ministry a list of 100 Belarusian children who can be adopted by Italian families.

The rules for the adoption of Belarusian children were tightened in 2007 after a dramatic story. Belarus has decided to give children up for adoption to foreigners only on the basis of an intergovernmental agreement.

In September 2006, the spouses Alessandro Giusto and Maria-Chiara Bornachin, to whom Vika had been visiting for several years for the summer and Christmas holidays, refused to return the girl to Belarus. For 20 days, Vika was hidden. Maria-Chiara Bornachin and Alessandro Giusto claimed that an 11-year-old girl was physically and mentally abused in an orphanage in Vileika.

Through the efforts of the Belarusian embassy in Italy and the local police, Vika was found and returned to Belarus. The Italian couple did not succeed in adopting the girl after their return.

Since 2007, the number of adoptions by foreign citizens has started to decrease. In 2003, foreigners adopted 714 Belarusian children, in 2004 they found a new family abroad, 596 children, in 2007 there were only 37 such adoptions, and in 2009 - 26.

All these years Italians have been leading in the number of adoptions, and now they remain the only foreigners who can adopt Belarusian children.

Citizens became the leaders among adoptive parents of Russian children at the end of 2013 Of Italy, writes RIA Novosti with reference to a review of the judicial practice of the RF Armed Forces in cases of adoption of children by foreign citizens or Russians living abroad. Last year, more than 560 children from Russia went to Italian families. In total, in the past year, positive decisions on the adoption of children from the Russian Federation by foreigners were made in 1232 cases out of 1247 appeals to the court. Moreover, these figures are two times less than they were in 2012.

The second place in the above statistics is taken by Spain with 20% of requests. Previously, this place was occupied by citizens USA, from which every fourth corresponding appeal to the court proceeded.

As a reminder, in January 2013, the “Dima Yakovlev law” began to operate in Russia, which prohibits the adoption by Americans of children from Russia. In February 2014, the Russian rules for the adoption of orphans were supplemented by a restriction on the transfer of children to countries with legal same-sex marriages. Russian children were adopted by citizens last year France- more than 120 children went there, about the same number ended up in families Germany and Israel.
Svetlana Pronina, President of the Positive Childhood Foundation:

“There should be no illusion that foreigners are trying to adopt only teenagers and children with disabilities. Every parent's dream is to have a healthy child. At one time I worked with the Spaniards, and in their letters they pointed primarily to the health of the child. But I would like to note that there are also those among foreign adoptive parents who see their mission in helping a child with disabilities. There are also many of them. It is difficult for us Russians to understand this logic. For them, this act is comparable to a certain mission. And they do it absolutely sincerely. The Italian system of adoption and family placement is one of the best in the world. Better than American. Italians are generally good parents. They have good traditions, a reverent attitude towards children. "

Expert in the field of orphanhood Alexander Gezalov:

“There have never been problems with Italians. Today there are 15 Italian adoption agencies in Russia. Children who were supposed to leave for the United States, after the law "Dima Yakovlev" moved to Italy. Hence such high figures for 2013. This figure is not accidental, since there the system of control over the life of the child in the family is built clearly, the escort agencies work well and there are no problems with adaptation in society. "

______________________________________________

Recall that in 2009 the then President of the Russian Federation Dmitry Medvedev signed the Federal Law on the ratification of the agreement between Russia and Italy on cooperation in the field of child adoption.

The law is called "On the Ratification of the Agreement between the Russian Federation and the Italian Republic on Cooperation in the Field of Adoption of Children."

The main goal of the Treaty being ratified is to protect the rights of children transferred for international adoption.

The agreement provides for other rules for the adoption of children by citizens of the Italian Republic than are provided for by the legislation of the Russian Federation. In accordance with paragraphs 5 and 6 of Article 3 of the Agreement, the adoption of a child can be carried out only with the assistance of an authorized organization, if such a procedure is provided for by the legislation of the receiving state, except for the adoption of a child by relatives.

At the same time, the parties to the Treaty on a reciprocal basis can regulate the number of authorized organizations that provide assistance in the adoption of children in the territory of the state of origin.

____________________________________________

Article 9 The agreement defines the powers of the central body of the receiving state, which, in particular, in the event of the termination of the activities of the authorized organization after prior notification of the central authority of the state of origin, ensures control over the living conditions and upbringing of children adopted with the participation of the specified authorized organization, submits relevant reports and information about them, assists in completing the adoption procedures already begun with her participation in accordance with the legislation of the state of origin, or assigns these responsibilities to another authorized organization.

Article 10 The agreement provides for the possibility of establishing by the legislation of the receiving state the obligation of candidates for adoptive parents to submit a socio-psychological opinion.

In accordance with paragraph 3 of article 15 Of the agreement, the central authority of the receiving state, when the child's stay in the adoptive family no longer meets his interests, is obliged, in agreement with the central authority of the state of origin, together with the regional authorities of the receiving state, to ensure the placement of the child in another family for the purpose of adoption. Adoption cannot take place until the central authority of the state of origin is properly acquainted with the information about new candidates for adoptive parents and gives consent to adoption.

In addition, this article provides for the obligation of the central authority of the receiving state, if the interests of the child so require, to ensure the return of the child to the state of origin.

Paragraph 4 of Article 15 Of the Agreement, the central authority of the state of origin is given the right to make a decision on the temporary suspension of the acceptance of documents from candidates for adoptive parents of the receiving state until the fulfillment of obligations to monitor the living conditions and upbringing of adopted children and submitting relevant reports and information about them to the competent authorities of the state of origin after prior notification of this is the central body of the host state.

3 comments

• Elizabeth

  Please tell me how my Italian husband can adopt my daughter. We live in Italy, documents are in order. It is necessary to adopt in the Russian Federation. We collected all the documents, translated everything with apostille, as a result, the court asks for two documents, one of which must be obtained in Italy from the competent authority authorizing the adoption of my husband. We started looking for what where, in the end, we are not given this document, because the situation is not standard ... if we were a childless couple who wants to adopt a child from the Russian Federation, they would give such a document, but it turns out that one person wants to adopt and they don’t know in Italy what to do ... well, nonsense .... tried to hire a lawyer in Italy, he immediately said that first the money then infa 50/50, that is, something may work out, or maybe not ....

The law prohibiting giving Russian children to same-sex families has reduced international adoption to a minimum. To restore it, the "adoptive" state needs to conclude a new agreement. So far, only Italy and France have such an agreement.

Moscow. September 18th. site - The adoption of Russian children has actually been suspended for citizens of countries with which the Russian Federation does not have an adoption agreement, said Pavel Astakhov, plenipotentiary for the rights of the child under the President of the Russian Federation.

He referred to the explanations of the Presidium of the Supreme Court of the Russian Federation dated August 29 on how the courts should apply the provisions of Federal Law No. 167 ("On Amending Certain Legislative Acts of the Russian Federation on the Issues of Orphans and Children Left Without Parental Care"), which prohibits adoption of children in countries where same-sex marriage is permitted.

Its meaning is that in order to continue international adoption with the state with which it was previously conducted, an agreement is required. “Today we have it with Italy and France. That is, there are only two countries,” the children's ombudsman explained. Earlier, children from Russia were adopted in about 20 countries. Adoption agreements are also being prepared with the UK and Spain.

There was a law banning the adoption of children by same-sex families. The document also prohibits the adoption of children by unmarried or unmarried foreigners from those states where such marriages are permitted.

Earlier, due to the fact that gay marriage was allowed in France, the Russian side wanted to terminate the agreement, but so far it is valid.

The situation with the adoption of Russian orphans

According to the head of the State Duma Committee on Family Issues, Elena Mizulina, even a bilateral agreement with Italy and France does not guarantee one hundred percent protection of the rights and interests of the child (such an agreement provides for strict control over the life of adopted Russian orphans abroad). Therefore, the parliamentarian proposes new measures to prevent orphans from entering same-sex families.

According to the agreement, the central authority of the receiving state (in this case, France and Italy) is obliged to notify the central authority of the state of origin (Russia) about the transfer of the child to another family for re-adoption. At the same time, a decision cannot be made if Russia does not familiarize itself with the information about new candidates and does not give consent to adoption (this happens if the child retains Russian citizenship).

Under the current legislation, foreign adoptive parents can jointly submit an application and actually deprive the child of Russian citizenship. This means that some provisions of the agreement will no longer apply to the child, since he will cease to be a citizen of the Russian Federation. "And if such a child is adopted into a same-sex family, then the Russian Federation will not be able to influence the fate of such a child," the explanatory note to the bill says.

Currently, Russian consular offices keep records of minor children adopted by foreigners. If a crime is committed against a child who has lost the citizenship of the Russian Federation, then the Russian side may not find out about the commission of such a crime.

The issue of foreign adoption has acquired particular relevance in Russia after the deaths of Russian orphans. Since January 1, 2013, Dima Yakolev's law has been in effect in Russia, prohibiting Americans from adopting Russian children.

Let us remind you that last week American journalists exposed an illegal network of intermediaries and traffickers in minors. According to media reports, 261 children were traded or sold in the United States. The vast majority of children (70%), whom their parents tried to get rid of, came to the United States from abroad, at least 26 orphans were adopted in Russia.