Home / Adoption / Is it possible for a single man to adopt a child?

A single mother who raises her children on her own is a relatively common phenomenon in Russian society. Single fathers are much more surprising. Men are much less likely than women to want to adopt an orphan child, if we do not take into account intra-family adoption - the adoption of the wife's children (stepsons and stepdaughters).

Let's consider whether a single man in Russia can adopt a child? What is needed for this? What is the procedure?

Some people do not want or cannot have natural children for various reasons...

• loneliness;
• divorce;
• death of relatives;
• infertility, diseases of the reproductive system;
• anxiety about caring for a newborn baby;
• the risk of transmitting genetic diseases to a natural child;
• the desire to give an orphan child education, love, a prosperous life.

Whatever the reasons motivating a single man to take a child into his family, the law and officials have no right to prevent him from doing so.

Adoptive parents can be...

1. married couples (husband and wife at the same time). In order to adopt one child together, a man and a woman must be legal spouses (Clause 1 of Article 127 of the RF IC).
2. a woman or a man who is legally married - with the permission of the wife or husband (Clause 1 of Article 133 of the RF IC). For example, if one of the spouses has contraindications (criminal record, serious illness, deprivation of parental rights) and cannot be an adoptive parent.
3. a woman or man who is not legally married (clause 1 of Article 127 of the RF IC).

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

So, the law does not establish any restrictions for adoptive parents related to marital status , except for same-sex marriage, including those registered abroad (clause 13, clause 1, article 127 of the RF IC).

The adoptive parent can be a married or unmarried man, if he meets the other conditions.

In addition, the child’s relatives have a preemptive right to adopt a child who has become an orphan (Clause 5 of Article 127 of the RF IC). Most often, it is for this reason that single men accept children into the family - nephews, grandchildren, younger cousins.

Requirements for an adoptive parent

Let's consider what criteria are used to select adoptive parents. What conditions must a single man meet in order to take into his family an orphan or a child deprived of parental care while his mother and father are alive?

The list of such requirements is listed in Art. 127 RF IC:

• The age of majority, and the age difference between a man and a child is at least 16 years;
• Full legal capacity;
• Permanent place of residence, availability of housing in private ownership or permanent use;
• Constant income, which should be enough, in addition to other payments and obligations, to support yourself and the child adopted into the family;
• Health, absence of mental, infectious diseases, malignant tumors, tuberculosis, diseases that led to disability, alcoholism or drug addiction;
• No criminal record;
• Absence of measures of deprivation/limitation of parental rights, termination of guardianship or trusteeship, cancellation of adoption;
• No same-sex marriage;
• Obtaining a certificate of completion of a preparatory course for surrogate parents. Relatives of children are exempt from the obligation to take the training course.

Order

The procedure for adopting a child by one person is almost no different from the general adoption procedure, with minor exceptions, which we will consider below.

Single people who decide to become adoptive parents need to follow this step-by-step plan:

1. Appeal to the Guardianship and Trusteeship Authority (TPA);
2. Completing a training course and obtaining a certificate;
3. Preparation and submission of a package of documents to the PLO;
4. Checking your place of residence;
5. Obtaining a conclusion on the possibility of adopting a child;
6. Search for a child. If the child is determined from the very beginning, for example, a relative is subject to adoption, this step is excluded;
7. Preparation and submission of applications and documents to the court;
8. Participation in litigation;
9. Obtaining a court decision;
10. Registration procedure at the Civil Registry Office. Obtaining a certificate.

Let's look at each step in detail.

Guardianship and trusteeship authority

The final decision on whether to place a child for adoption or not is made by the court.

However, it is the Guardianship and Trusteeship Authority (TCA) that advises, sends to a preparatory course, accepts documents and requests additional data, visits the place of residence and conducts initial checks, helps to select a child, monitors the implementation of rules, provides assistance, psychological and legal support, as well as family support after adoption.

The first step, which will begin a long and difficult procedure, is a visit to the local PLO. Moreover, it is advisable to immediately establish friendly relations with representatives of the local PLO.

Training courses

Completing preparatory courses is mandatory for everyone who wants to adopt a child, except for the child’s close relatives.

During the course, students will receive advice on raising orphans, as well as practical knowledge from family law, medicine, and the psychology of parent-child relationships.

After completing the courses, students receive a certificate.

The certificate is one of the mandatory documents that must be submitted to the PIO (to obtain an opinion) and the court.

Documents for obtaining an opinion

The list of documents that must be attached to the application for the issuance of an opinion is listed in clause 6 of Government Decree No. 275, which approved the rules for the transfer of children to adoptive families.

Documents that need to be submitted to the OOP:

• passport;
• medical report;
• autobiography;
• salary certificate (income declaration);
• certificate of marriage, birth of children;
• certificate of ownership (permanent use) of housing;
• certificate of family composition;
• consent from relatives who live together;
• certificate of completion of the course.

Additional documents and data that PLO representatives collect independently (over the next 3 days):

• Certificate of criminal record;
• Certificate of family composition;
• Certificate of receipt of pension and social benefits.

Application for issuance of an opinion

It is impossible to adopt a child without a positive conclusion issued by the OOP, thereby confirming that the preparation has been completed, the documents are in order, and there are no contraindications for accepting a child into the family.

To obtain a conclusion on the right to adopt a child , you need to submit an application to the OOP.

The application form is approved by Order of the Ministry of Education of the Russian Federation No. 4 of January 10, 2019 (Appendix 4), and the content is approved by clause 6 of Government Decree No. 275.

When filling out the application form, please provide the following information:

• details of the adoptive parent: full name, date of birth, place of residence, citizenship;
• information about relatives who live with the adoptive parent;
• criminal record information;
• pension information (if pension payments are the only or main source of income);
• request: issue a conclusion on the right to be an adoptive parent;
• signature;

You can submit an application in any convenient way:

• In person - during a visit to the PLO;
• Through MFC;
• Through a single state portal.

If the application is submitted electronically (via the portal), scanned copies of documents are attached to it. Original documents can be handed over to representatives of the PLO for review later, for example, during a check of the place of residence.

Checking your place of residence

No later than 5 days after receiving the application, representatives of the PLO are required to visit the adoptive parent’s place of residence.

Purpose of the visit: to check whether the adoptive parent’s home is suitable for living together with the child, whether there is enough free space, whether it is warm, light, clean, how many relatives live with the adoptive parent, what kind of relationship has developed between them. Representatives of the educational institution should talk with the adoptive parent in a natural, home environment, assess his character and values, motives, and abilities to raise a child.

The result of the inspection is summarized in a report on the basis of which a decision will be made to issue an opinion, and which will later be submitted to the court for consideration.

Issuing a conclusion

10 days - the period during which representatives of the PLO will check the documents, request additional data interdepartmentally, and certify that there are no contraindications to adoption.

After 10 days, a conclusion must be issued on the possibility of adopting a child.

Search for a child

Having received a positive conclusion, the adoptive parent can begin searching for the child.

Important. You cannot independently search for a child who can be adopted by visiting children's hospitals, maternity hospitals, infant homes and orphanages. Searching for a child is possible only through special databases , access to which is provided by the OOP. The databases contain data on orphans and children deprived of parental care who may already be adopted .

To gain access to the databases , you need to submit...

• passport;
• application for access;
• conclusion;
• a completed form with the child’s preferred data (gender, age, health).

If a child in the database matches the expectations and preferences of the adoptive parent, you can receive a referral to meet the child.

The referral is valid for 10 days. During this time, you need to have time to visit the institution where the boy or girl is, get acquainted, study the child’s documents (including documents on the child’s health), and perhaps even conduct an independent medical commission for the child to make sure of his health.

After 10 days you need to make a decision.

Important. If you want to become an adoptive parent for a child who is your relative (nephew, grandson), you skip the stage of selecting a child. Prepare documents that confirm your relationship, and immediately after receiving the conclusion you can go to court.

Going to court

If the decision is made, the trial can begin.

Procedure:

1. prepare an application (Article 270 of the Code of Civil Procedure of the Russian Federation);
2. prepare documents (Article 271 of the Code of Civil Procedure of the Russian Federation);
3. apply to the district/city court at your place of residence (Article 269 of the Code of Civil Procedure of the Russian Federation);
4. attend court hearings (Article 273 of the Code of Civil Procedure of the Russian Federation);
5. obtain a court decision (Article 274 of the Code of Civil Procedure of the Russian Federation).

The following are invited to participate in court hearings:

• adoptive parent;
• child (if he is over 10 years old);
• representatives of the PLO;
• the head of the institution where the child is located;
• prosecutor;
• other interested parties (parents or other relatives of the child).

Court hearings are closed. All participants in the trial are required to keep the adoption secret (Article 139 of the RF IC).

Application and documents to court

The main document submitted to the court is an application.

The application is drawn up according to the rules of judicial proceedings (Article 270 of the Code of Civil Procedure of the Russian Federation) and contains:

• name, address of the judicial authority;
• details of the adoptive parent: full name, address;
• details of the institution where the child is: name, address, full name. and the position of manager;
• OOP data: name, address, full name. and the position of manager;
• title;
• statement of circumstances: intention and motives to accept a child into the family, data on completion of training and receipt of a certificate, absence of contraindications to adoption,
• information about receiving the conclusion,
• information about the choice of the child or the presence of a family connection with the child, giving a preferential right to adoption into the family;
• reference to legislation (Chapter 19 of the RF IC, Chapter 29 of the RF Code of Civil Procedure);
• The main request to the court: to establish adoption;
• additional requests: change the child’s data (last name, first name, patronymic, date and place of birth), indicate the adoptive parent as the natural parent; preserve property/non-property ties between the child and his relatives;
• list of applications;
• date of;
• signature.

The adoptive parent must attach documents to the application (Article 272 of the Code of Civil Procedure of the Russian Federation):

• passport, birth certificate of the adoptive parent;
• salary certificate or income statement;
• medical report;
• certificate of ownership of housing (or lease agreement);
• conclusion;
• certificate.

Representatives of the PLO will provide additional documents to the court:

• child's birth certificate;
• medical report on the child’s health;
• consent to adoption from the child’s relatives, the head of the institution where the child is, the head of the public educational institution, the prosecutor;
• consent of the child (over 10 years of age);
• inspection report at the place of residence of the adoptive parent;
• other documents.

Judgment

Having considered the application and submitted documents, heard the adoptive parent, and received the consent of interested parties, the court makes a decision.

The court's decision may come into force...

• 30 days after issuance
• immediately

...which must be indicated in the court decision.

On the day when the court decision comes into force, all the consequences provided for by law occur (Article 137 of the RF IC), and mutual rights and obligations begin between the adoptive parent and the child.

Registration of adoption in the registry office

A court decision that has entered into force is transferred to the registry office for the registration procedure...

• personally by the adoptive parent;
• interdepartmentally (within 3 days).

Representatives of the registry office make changes to the birth certificate and create an adoption certificate, and also issue a certificate.

Procedure

The procedure for adoption by a single man is similar to general adoption and adoption by a single woman.

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

The majority of citizens believe that an application for adoption by a single man may indicate that he is gay. The Guardianship Department has no right to make a decision based on such an assumption. To refuse, reliable information about the existence of an official same-sex marriage is required.

Procedure:

1. Seeking advice.
2. Completion of training.
3. Collection of documents.
4. Appeal for conclusion.
5. Selection of a child.
6. Going to court.
7. Registration of adoption in the registry office.

The adoption procedure takes place in several stages. First, you must obtain the consent of the district guardianship department. Specialists must issue a conclusion that the citizen meets the requirements for adoptive parents.

After which it is necessary to select a candidate for the child. This stage is skipped by citizens who have previously decided on a potential adoptee.

Adoption is considered established after the court decision enters into force. Therefore, the citizen must initiate legal proceedings.

The end of the adoption procedure is considered to be an application to the registry office. After receiving a new document on the birth of a child, the adopted child and the adoptive parent are endowed with mutual rights and responsibilities.

Important! All participants in the process (judge, specialists from the guardianship department and the orphanage, lawyer) are obliged to maintain the secrecy of adoption (Article 139 of the RF IC). Disclosure of information will lead to criminal liability for the violator (Article 155 of the Criminal Code of the Russian Federation).

Collection of documents

The list of documentation for candidates for adoptive parents is established by Government Decree No. 275 of 2000:

• passport;
• medical report;
• autobiography;
• information about income;
• information about marital status (if available);
• consent from citizens who live with the applicant;
• certificate of completion of training at an adoption school.

Additionally, the guardianship department has the right to request characterizing information (from the place of work, study).

Application to the guardianship department

The application can be submitted:

• through the MFC;
• personally to the guardianship department;
• through State Services.

When applying through the State Services electronic portal, the application is submitted in electronic form. Documents are attached as copies.

When visiting a candidate’s home for an examination, original documentation must be provided. If one of the documents is missing, the citizen receives a refusal from the guardianship department.

The application must comply with the form established by the Order of the Ministry of Education of 2021 No. 4.

Information that the application must include:

• name of the guardianship department;
• applicant details;
• Title of the document;
• FULL NAME. potential candidate;
• nationality of the applicant;
• passport details;
• address of permanent and temporary registration;
• data on past places of residence, including while serving military service;
• criminal record information;
• information about the availability of a pension;
• information about citizens who live with the applicant;
• requirement to issue an opinion;
• additional information;
• the applicant’s consent to the processing of personal data;
• signature of the applicant and date of preparation.

Sample application for issuing a conclusion for a single man

Obtaining a conclusion

The law strictly regulates the deadlines for issuing an opinion

No.	Deadlines	Actions
1	Within 3 days	Requesting information about a citizen from government agencies
2	Within 5 days	Carrying out a residential inspection
3	Within 10 days	Issuing a conclusion

Based on the results of the review, a conclusion is issued. The document is drawn up in writing. The original must be preserved before going to court.

The conclusion can be positive or negative. In the first case, a citizen can look for a child. In the second, he has the right to go to court to challenge it.

Going to court

A child whose parents:

• died;
• deprived of rights;
• are not included in the children's documents.

If the mother and father are deprived of parental rights, then the right to adoption arises only after 6 months. This period is provided as a chance for parents to correct themselves.

Once a child's candidacy has been selected, the citizen must initiate legal proceedings.

Procedure:

1. Drawing up a statement of claim.
2. Going to court.
3. Getting a solution.

An application to the court for adoption by single people must contain:

• name of the judicial authority;
• applicant details;
• information about the head of the organization in which the child is being raised;
• third party (guardianship department);
• title of the application;
• information about obtaining a conclusion;
• compliance data;
• information about meeting the child;
• contact information;
• reference to law;
• adoption requirements;
• Additional requirements;
• list of documents;
• signature and date.

Sample application to court for a single citizen

Claims may include:

• request for adoption;
• requirement to change last name, first name, patronymic;
• a request to change the date of birth (if the child is not older than 6 months);
• requirement for the mother of the child to retain property and personal non-property rights.

Trial

The documents are sent to the court at the location of the organization. The application is considered in accordance with special legal proceedings.

In exceptional cases, the court involves the child’s relatives in the process. A prerequisite is their consent.

Important! The court may preserve the personal moral rights of the grandparents if the child's parents are deceased.

Registration of adoption in the registry office

Based on the court decision, changes are made to the children's documents. The court sends the extract to the registry office within 3 days.

If the adoptive parent is one person, then information about the mother may be:

• excluded from documents;
• preserved (if the court decision indicates the possibility of preserving property or personal non-property rights).

The applicant receives adoption and birth certificates.

Expenses

All procedural actions are carried out free of charge:

1. training courses;
2. verification of documents and visits to the place of residence;
3. medical commission;
4. issuing a conclusion;
5. trial and court decision;
6. registration in the registry office.

Neither state duty nor other fees and payments are charged.

Intermediary assistance in the adoption process (except for the legal powers of the Guardianship and Trusteeship Authority and the court) is prohibited (Article 126.1 of the RF IC).

Possible difficulties

Experience shows that single people who want to adopt children have to overcome many bureaucratic, material, and psychological difficulties. It is difficult for a single woman to prove that her income is enough to support a small family and that her apartment or room is suitable for sharing. Single men tend to be better off.

However, a single man faces other difficulties.

1. Overcome about the ability to raise and care for a child alone.

There are many incorrect, stereotypical beliefs that a man copes worse with the process of raising a child, because he does not have the same developed parental instinct as a woman. In fact, parenting skills and an understanding of child psychology can be acquired by undergoing training, reading specialized literature, discussing problematic issues with specialists - teachers and psychologists, and ultimately, gaining personal practical experience.

The guardianship and trusteeship authority provides assistance and assistance to adoptive parents. In many cities of the Russian Federation there are public organizations for single fathers that help men cope with current life difficulties.

As for household well-being (cooking food, maintaining order), men cope with this no worse than women, and if necessary, they can hire household help.

1. Withstand psychological pressure from relatives and friends, bias of officials.

A woman’s passionate desire to have a child is considered the fulfillment of “a woman’s destiny,” but a man’s similar desire is perceived with amazement and skepticism.

Most likely, it will be difficult for friends and relatives to understand why an independent adult man would bother with an orphan child. And officials will look for hidden motives and more closely check opportunities, study lifestyles, and evaluate the seriousness of intentions.

For a child, it does not matter what gender the parent is, it is important that he receives family, care, and support.

1. Prove to the OPP and the court that you are a worthy candidate for the role of an adoptive parent.

In our country there are many single fathers and men who independently adopted a child without being in a marital relationship. However, there are rare criminal precedents and scandals associated with physical and sexual abuse of orphans in the “family”.

A single man should be prepared for close attention from representatives of the OPP, the prosecutor’s office, and the court, but not take this personally, but consider it a concern for the safety of the child.

It is the representatives of the PLO (after studying the documents, conducting inspections, visiting the home) who decide whether to issue or not issue a conclusion on the right to be an adoptive parent. And if a man has been trained, earns a high income, has good housing, and can and wants to take care of a child, the PLO has no right to refuse him. Being married does not provide any concessions or advantages, and not being married is not a contraindication.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

A single man can be an adoptive parent.

If you are faced with prejudice on the part of officials, increased demands, demands for additional documents and evidence, illegal refusal, or other violation of your rights, you need to complain and defend yourself. Call or fill out an application for a free legal consultation - our lawyer will contact you and give useful advice.

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Author of the article

Irina Garmash

Family law consultant.

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Step-by-step instructions on how a single man can adopt a child

• financial opportunities . The man must provide relevant proof of income. Several sources of income are also possible. The adoptive parent must have the financial ability to support not only himself, but also the small child. Because at any age, children require a lot of expenses for clothing, food, and education.
• No suspended or ordinary criminal records. This is especially true for intentional crimes that harm the health or life of a person. Since a man with a criminal record can have a negative impact on his adopted child, set a negative example.
• State of the adoptive parent. A man’s health should be normal, both from a psychological and physical point of view. Since raising children requires a lot of strength and energy, as well as balance and patience.

1. statement;
2. a brief personal biography should contain only important events in a man’s life;
3. certificate of income, profession and position from the place of employment;
4. documentation of the man’s ownership of the home;
5. certificate of absence of criminal liability;
6. a medical report on the health status of the adoptive parent, drawn up in accordance with all requirements for the adoptive parent.

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Russian legislation discriminates against single fathers; there is no such definition, unlike “single mother”. In 2007, there were about 300 thousand single fathers. At the moment, the exact figure is unknown, but the percentage of cases of successful adoption of children by single men has increased.

The guardianship authorities are obliged to provide the candidate with the data of children in need of parents. If adoption at the place of residence is not possible, the applicant may request information about children from other regions. After receiving permission to meet the child, the applicant, together with a representative of the OPP, arrives at the orphanage. The future adoptive parent is obliged to familiarize himself with the child’s medical card and other documents.