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Title: The Legal Grounds MEDCAL ASPECTS OF ADOPTIONS FROM RUSSIA – THE LEGAL GROUNDS
A hungry Muscovite comes to the Zoo and sees a sign on the lion’s cage, saying that a lion can eat so much meat, eggs, vegetables, etc. He asks a zookeeper, if the lion can really eat this entire menu. The zookeeper calmly replies, - “SURE, HE CAN, BUT WHO WILL GIVE IT TO HIM?” (Old Soviet joke)
Like in this sad joke, you CAN ask for the information, but I cannot promise anybody that the local officials WILL honor the laws and regulations cited below (the original documents are available in Russian at www.usynovite.ru ). The only thing I can do – is to make all adoptive community aware of their rights. It is up to you, adoptive parents, to be persistent, affirmative and creative. And it is amazing, how much information parents can obtain…
*** Official Letter, Ministry of Health, 08.05.2002 №3662
The purpose of the federal databank… is to provide prospective adoptive/foster parents with the reliable information about children, available for adoption/foster care placement
Management of institutions caring for such children are responsible for providing accurate medical and social information and for updating such information (i.e. addition or removal of diagnoses) as soon as it becomes available in the following timeframe – - Within 7 days after child becomes eligible for placement in the databank and - Within 10 days after the change (addition or removal) of diagnosis
*** Russian Federation Government Act re: Providing Medical Information About Children, Eligible for Adoption and Foster Care Placement 29.03.2000 N 275.
2. Leaders of the Regional Health and Educational Departments are mandated:
2.1. To develop the procedures of referral for the expert medical commission for medical evaluation of children, available for adoption/foster care 2.2. To provide the report of the expert medical commission to the prospective adoptive parents. 2.3. To explain to the prospective adoptive parents their rights for the independent examination in medical establishments, licensed to perform health evaluations of children, available for adoption/foster care placement. 2.5. In the case of discrepancies found between the State and independent medical evaluation within 3 days from the day of receiving such report about the health of a prospective adoptive/foster child, to send his medical documentation to the Department of Mother and Child Health of the Federal Health Ministry…
3.5. Independent medical evaluations of prospective adoptive/foster children can be performed by republican, regional or district Government clinics, as well as clinics of medical schools and the scientific-research institutions.
4. Directors of the scientific-research institutions, chief doctors of clinics and hospitals of the state system of health care are mandated
4.1. To assist the prospective adoptive parents in obtaining the independent medical evaluations of prospective adoptive children within 30 calendar days
5. The head of the Department of Mother and Child Health of the Federal Health Ministry is mandated to provide additional evaluations in the case of discrepancy in conclusions of the Sate and Independent expert commissions within 30 days.
*** Russian Federation State Resolution Regarding Rules Governing Adoption and Foster Care 03.29.2000 #275
11. Prospective adoptive parents have the following rights: To receive the detailed information about a child and information about whether or not he has relatives To request a medical facility to complete independent medical examination of adoptive child. According to procedures, approved by the Educational and Health Ministries of Russian Federation, a representative of an institution where the child is residing, should participate in such evaluation.
12. Candidates for adoptive parents are mandated to personally: Meet a child and make a contact with him Familiarize themselves with documents of adoptive child In writing confirm the fact that they are aware of medical report regarding health of the child.
*** Family Code (Law) of Russian Federation 01.02.2000, #32-F3Chapter 19. ADOPTIONArticle 128. Age Difference Between Adoptive Parent and Adoptive Child
Age difference between not married adoptive parent and adoptive child should not be less then 16 years. Under certain conditions the court can decrease such difference. In the case of the step-parent adoption this age difference can be reduced.
Federal Law Regarding The State Database of Children Left Without Parental Supervision 04.04.2001 Chapter III. Use of the State Database of Children Left Without Parental Supervision
Article 13. Protection of Citizen’s Rights for Information
Unwarranted denial of access to the state database of children, purposely furnishing false information on orphaned children, withholding such information, other illegal acts breaching the right of citizens for information, or acts creating hurdles to exercise such rights, may be brought to court in according with the civil legal procedure.
*** Administrative Code (Law) of Russian Federation ARTICLE 5.36 Inappropriate process of or timing of providing information about orphans, needing families or special placement
Inappropriate processing of information or inappropriate timing of such by the management of any organization, where children are located, as well as deliberate falsification of any data about minors, eligible for adoption – is punishable by the fine of ten to fifteen minimal salaries
Actions by any administrative employee (director of the orphanage, local officials and others), preventing placement of an eligible minor into the adoptive family, foster family or appropriate facility for orphans, is punishable by the fine between twenty and thirty minimal salaries
ARTICLE 5.37. Illegal actions in placement for adoption or foster care
Illegal actions in placement for adoption or foster care are punishable with the fine of ten to twenty five minimal salaries for ordinary citizens and forty to fifty minimal salaries for officials.
*** Criminal Code (Law) of Russian Federation
Article 152. Selling of under-aged children Selling/buying or any other transaction, leading to the illegal placement/possession of such minor is punishable by 180-240 hours of community service, or 1 two years of forced labor, or limitation of freedom up to 3 years or imprisonment for up to 5 years Same actions, committed repeatedly, against two or more minors, by a group of people or as a result of an agreement, by an official…are punishable by 3-10 years of imprisonment. 3. Actions, defined in paragraphs 1 and 2 of this article, that lead to the accidental death of the minor or other serious injuries, are punishable by the 5-15 years of imprisonment. |