Adoption is a legal act according to which adopters and adopted obtain rights and obligations stipulated by law for parents and children. The secret of child adoption is protected by law.
Adoption is allowed only with regard to children and proceeding from their interests, keeping the requirements of legislation, as well as taking into consideration the possibilities of complete physical, mental, spiritual and moral development of children.
1. A person willing to adopt should prove the ability to realize best interests of child.
2. Possibility to provide physical, mental, spiritual and moral development.
Adoption by foreigners- Adopters.
.Applicable legislation
The Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention)
http://www.hcch.net/index_en.php?act=conventions.text&cid=69
Domestic legislation of Republic of Armenia.
Adoption is a legal act according to which adopters and adopted obtain rights and obligations stipulated by law for parents and children. The secret of child adoption is protected by law.
Adoption is allowed only with regard to children and proceeding from their interests, keeping the requirements of legislation, as well as taking into consideration the possibilities of complete physical, mental, spiritual and moral development of children.
- A person willing to adopt should prove the ability to realize best interests of child.
- Possibility to provide physical, mental, spiritual and moral development.
Adoptionby foreigners- Adopters.
Adoption of children of Republic of Armenia citizenship by foreign citizens is allowed only in cases if it is impossible to give these children for rearing to the families of the RA citizens permanently living in the RA territory or adopt children by their relatives. Information on children subject to adoption is given to foreign citizens after three months of centralized registration of the mentioned children. In other words the RA citizens have priority while Adoption of children of Republic of Armenia citizenship.
- Who can be adopted?
Only children -person undereighteen.
There are no minimal age requirements.
Age difference between the unmarried adopter and an adopted child should not be less than 18 years.
Consent of a child above 10 is necessary for his/her adoption.
Children initial registration is being carried out according to the actuallocation of thechildren through the units offamily,women and childrenrights of the the staffs in marzes or in Yerevan muncipality.
- Who can't be adopted?
Adoption of siblings by different persons
- Who can't adopt-beingadopters?
a) The persons recognized incapable or restrictedly capable by court;
b) Spouses, one of who is recognized incapable or restrictedly capable by court;
c) Persons deprived of parental rights by judicial procedure or with restrictedparental rights;
d) Persons discharged from the obligations of a guardian for the reason of notfulfilling properly the obligations put on them by law;
e) Former adopters, if adoption was terminated by their fault;
f) The persons who cannot implement parental rights because of health reasons.
The list of diseases in case of which a person cannot adopt a child, take him/her for guardianship, take into family for rearing, is approved by the RA Government;
g) Persons, who at the moment of adoption do not have sufficient income toprovide minimal living needs of a child;
h) Persons, who do not possess permanent place of residence, as well as anaccommodation which corresponds to the established sanitary and technicalrequirements;
i) Persons who at the moment of adoption have convictions for grace orparticularly grave crimes against a human being or public order and morality.
Unmarried persons cannot jointly adopt the same child.
Written consent of a spouse is necessary for a child adoption by the other spouse, if the child is not being adopted by both spouses.
- What are the authorized bodies?
- The Court,
- The Ministry of Justice - Registration of foreign citizens wishing to adopt a child
- The Ministryof Laborand Social Affairs – children centralizedregistration.
- The departments of custody and guardianship
Adoption is implemented by the court on the basis of an application from a person wishing to adopt a child. The consideration of a case on approval of adoption is conducted by special course.
-Attorney’s active participation is required. An application must be filled by the person wishing to adopt a child who are also obliged to participate in the hearings
Obligatory presence of the department of custody and guardianship is required.
For child adoption the conclusion of the RA marz administrations (Yerevan municipality) on the grounds of adoption and correspondence of adoption to the interests of an adopted child, mentioning information on the facts of personal contacts between the adopted child and adopter/adopters, is necessary.
- Prior meeting with the child and personal contact with him/her
-conclusion from municipality
Registration of persons wishing to adopt is realized in accordance with the procedure established by the RA Government.
Registration of foreign citizens wishing to adopt a child of the RA citizenship is realized by the body authorized by the RA Government. – The Ministry of Justice by 24 July 2008 decision 790-N of the Government of the Republic of Armenia.
- The Ministry of Labor and Social Affairs
3 months after taking centralizedregistrationone copy of the registration of the child's personal file is being sent to Ministry of Justice(central body).
Legal Procedure.
Foreigners wishing to adopt and beingresidentsof Conventionmember countries are filling application for registration in the relevant country (central body)representing following
documents /originals with copies/
1) Personal identity document / Passport, ID card/
2) A certificate issued on the housing conditions of residence.
3) Statement, issued from the place of residence of family members.
4) Statement of job position, salary and other income information
5) personal guarantee of the proper conduct of the person wiling to adopt from the organization or at least three individuals.
6) Medical documentationcertifingthat the person wishing to adopt a child is not sick with of any of the diseases included in the approved listofGovernment of the Republic of Armeniaon5May 2005, N 517 - N
7) A copy of the marriage certificate (if married).
8) In the case of adoption of a child by the onespousewritten consent of the other spouse. Except in cases where the spouses ceased marital relations have not been together for over a year. live, and the place of residence of the other spouse is unknown.
9) A statement at the time of the adoption, that adoperhas not been convicted for a crimerecommendation or approval of the competent authority from the Country of the person and housing conditions statement.
All documents must be originals with apostille.
- Translation into armenian in 2 copies is required.
Central body conducts examination within 15 days from the providing required documents in order to verify the integrity.
60 days to restore missing documents and fix errors
Adoption documents are being examined by the integral body /working group from Ministry of justice, Work and social labor, ministry of healthcare,Police, ministry of foreign affairs/ created by decision of the head of Central body
Positive decesion is valid 18 monts. Which is bing sent to Central body for central registration of the prson willing to adopt
Negative decision is valid to one year.
Registered foreigners that can learn Personal files of registered children to adopt by thepreferred child on the basis of information provided for the available children for adoption if the persons refuse to adopt they will not be removed from registration.
If the person wish to adopt elects a child for adoption Central body organises meeting with the child, after the 15 days from the meeting, the child is available for other adopters.
The adoper then studies personal file of the child and the Central body organises meeting with the child.
Central body within 3 days sends the documents to Police for the conclusion /10 days/.
Central body within 3 days with the conclusion of RA police and other documents sends all documents to RA Government.
RA Government within 3 days will grant or refuse the adoption sending back the document to Central body.
Court proceeding.
Registration in passport and visa department.
Central body provide certificate of adoption.
Upon the adopter’s request the adopted child is given the adopter’s family name, as well as the name mentioned by him/her. With the purpose of provision of adoption secret the birth date (not more than by 3 months) and the birth place of an adopted child can be altered upon the adopter’s
request. Alternation of birth date of an adopted child is allowed only in case of adoption ofa child under 1 year old.