Only Italy remains. The State Duma will ban foreign adoption. Why should foreign adoptions be banned? Doesn't apply to Spain

About the boy Vita from the Kemerovo region, who was destined to become the last child in Kuzbass, adopted by foreigners. A family from Italy actually saved the life of an orphan. The boy spoke, went to school, he had friends and hobbies, although he was considered hopeless in the orphanage.

A family of Italian bakers adopted Vitya in August 2013. A month later, the Kemerovo region, by decision of local deputies, became the first region in Russia to completely ban foreign adoption.

Malgin met Viti's foster family by chance in Italy in February 2014. Then the five-year-old boy did not yet speak either Russian or Italian. Having visited Vitya's family for Christmas (December 25, 2015), the blogger reported on the dramatic changes that had taken place with the boy. A story about Viti's life in Italy is published in a blog review.

In Russia, Vitya was considered hopelessly ill

As Malgin writes, in order to adopt a boy from the Kemerovo region, his new family had to fly to Siberia three times and live there. Vitya became the last child in the region who could be adopted by foreigners. "About 70 children who have already met future foreign parents have remained in orphanages and orphanages," the blogger notes.

At the same time, the Kemerovo guardianship authorities picked up Vitya for the Italians, because they were sure that he was mentally retarded and hopelessly ill. “At the age of four and a half, he did not speak, did not respond to speech, he could not walk in a straight line, fell on his side. His eyes could not focus on the interlocutor. Therefore, at the age of four he was kept in a children's playpen, and tranquilizers were generously injected. , he yelled and immediately received a new dose, "says Malgin.

The Italians were shocked when they first saw the child. “But they were told: either this one, or you fly back and start the process all over again (the painful process of collecting certificates lasted a year and cost tens of thousands of euros),” the blogger explains.

As a result, the foreigners decided that they would accept the child into their family. "Somewhere deep there was a thought: what if it will be possible to cure him?" writes Malgin.

While the issue of adoption was decided in court, the secretary of the court asked the Italians: "Tell me, are you taking him to the authorities?" Foreigners reacted to the question with bewilderment. “The court girl read in the newspaper that all Italians (namely Italians) adopt children in Russia in order to dismantle them into organs in their basement in Italy and then sell these organs individually,” the blogger explains. As soon as the court approved the adoption, the adoptive family, together with Vitya, flew to Moscow, and from there to Italy.

Italian doctors found no pathologies in Vitya

As Malgin notes, after the orphanage, Vitya, who was four and a half years old, "did not know how to speak, only mumbled, sometimes shouted like peacocks in a zoo, he could barely walk, his gaze was turned inward, they fed him from a spoon, and drink from he did not know how to cup - everything flowed past his mouth. But the child's parents "did not despair and gradually, step by step, taught him human skills."

In addition, after waiting several months in line, the foster mother went with Vitya to an expensive clinic in Livorno, where "there is a luminary - a professor specializing in mentally retarded children." “Vitya was checked from head to toe using the most modern technology, all tests were taken, he underwent various psychological tests. Mom returned inspired: there were no pathologies in the brain,” Malgin notes.

It is worth noting that Viti's family earns a living by baking bread. “At five in the morning, you need to light the oven and start baking bread. Previously, they did it one by one, but now everything fell on the shoulders of the father. We witnessed this difficult period in their lives, they, of course, are heroes,” the blogger emphasizes.

After a month in the clinic, Vitya's adoptive mother strictly followed all the recommendations of the specialists, and the necessary skills were restored quickly. “Except for one thing: the child had complete atrophy of the speech apparatus. I don’t know if it was congenital or simply because no one was involved in it. And so, having received a whole book from the doctor describing exercises for the tongue and mouth, she began daily exhausting work” , - says Malgin.

Parents did everything to ensure that the child develops comprehensively: they hired Vita a swimming coach, taught him to ride a bike, although at first the boy did not even understand that he needed to press the pedals. In addition, it turned out that Vitya likes to collect puzzles and copes with even the most difficult of them in a few hours. "When we got there in the spring, they had boxes of puzzles in the corner: the stack was from floor to ceiling, I swear. He did it all!" - admires Malgin.

Vitya spoke

As the blogger notes, one day he once again visited Viti's family and heard that the boy was talking, eating with a spoon, knife and fork, despite the fact that immediately after adoption he used to drink from the toilet, scooping up water in his palms. "This yesterday's plant has a character. This also had to be dealt with," notes Malgin.

Victor went to Kindergarten and then, in September of this year, back to school. “By this moment, he already spoke decently. The only problems were with diction, not all sounds were equally good,” says the author of the material.

According to Malgin, Vita really likes school. The boy was given a separate teacher at the expense of the state, who sits next to him at his desk during all lessons, while the class teacher stands at the blackboard. Viti has friends in the class, and he knows everyone by name.

During the blogger's last visit to Vitya's foster family, the boy was talking. "Slowly, choosing words, but he spoke to us on various topics. He asked questions, answered questions about the school and about his news. It was some kind of miracle," writes Malgin.

The blogger also spoke about the amazing features that he and Vitya's parents drew attention to. First, the boy reacted with joy to Russian speech when he heard it in Italy after a long break, although in such cases children may become hysterical, because the words in their native language remind them of a difficult period in their lives.

In addition, it turned out that Vitya remembers some Russian words, although the child did not speak at all during his life in Russia. "I remembered a boy - the character of Fazil Iskander - who was silent until the age of seven, was considered dumb, and then one day he came up to the table where a family with numerous relatives was sitting, and clearly told them: "It's time to sow winter crops!" writes Malgin.

The blogger recalled that Vitya's mother is an alcoholic who died when the child was four months old in a village somewhere on the border with Mongolia.

Adoption bans imposed by the Russian authorities

During a large press conference on December 17, Russian President Vladimir Putin was asked about the easing of the ban on the adoption of children with disabilities in the Russian Federation. In response, the head of state said that, according to statistics, the percentage of foreigners who wish to adopt disabled children in the Russian Federation is much less than those who apply for healthy children. Therefore, Putin said, there is no need to rush to revise the decisions that were taken on this issue.

It is worth noting that the Kemerovo deputies banned foreign adoption with the wording "the adoption of minors is an internal affair of Russia, an internal affair of Kuzbass." Later, the Council of People's Deputies of the Kemerovo Region proposed to the State Duma of the Russian Federation to completely ban the adoption of orphans by foreigners in Russia, arguing its initiative to protect children from "forced training in gayism." The lower house of the Russian parliament rejected this initiative.

Since January 1, the “Dima Yakovlev law” has been in force in Russia, prohibiting Americans from adopting Russian orphans. In June 2013, the State Duma of the Russian Federation passed a law prohibiting same-sex families from other countries from adopting children from Russia. A little later, the Federation Council approved a ban on the adoption of orphans from the Russian Federation by same-sex couples, as well as unmarried or unmarried foreigners from those states where such marriages are allowed. At the same time, these norms were included in the Family Code of the Russian Federation.

And in early February of this year, in the development of the so-called anti-gay orphan law, the government of the Russian Federation limited the adoption of Russian orphans in countries with legal same-sex marriages. The new norm introduced by this decree is that now not only open foreign gays - who do not hide their relationship with persons of the same sex - but also those foreigners who, according to the Russian authorities, may turn out to be gay, will not be able to adopt children. .

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Over the past two years, adoption has become the most reformed institution of family law. In the period from the end of 2012 to 2014, they were introduced regarding the age difference between the adopter and the adopted child (clause 1, article 128 of the Family Code Russian Federation <1>(hereinafter referred to as the RF IC)), the procedure for adoption (paragraph 13, clause 1, article 127, paragraph 2, clause 4, article 124 of the RF IC). A ban has also been introduced on the adoption of Russian children by persons who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the legislation of the state in which such a marriage is permitted (paragraph 14, clause 1, article 127 of the RF IC). In addition, a norm of family law was recognized as contrary to the Constitution of Russia, in which the ban on adoption by previously convicted citizens is recognized as unconditional.<2>.

Of course, the measures taken by the legislator meet the rapidly developing social needs and international standards. However, it seems that a full and balanced change in social significant institution Adoption is impossible in the short term.
The law enforcement experience of France and Italy, with which Russia has the most developed relations on international adoption, is interesting.
Russian legislation does not consider the possibility of pre-adoption. This form of adoption was proposed in the legislative initiative of the Italian deputies Mario Caruso and Khalid Chauki in April 2013, when a bill was introduced in the Italian Parliament<3>on amendments to the Italian Law N 184 "On the procedure for the adoption and establishment of guardianship of minors"<4>(hereinafter Italian Law N 184).

This project proposes the introduction of Art. 22-2 allowing Italian citizens to apply for a future adoption is not yet born child. When applying for a specific child, the adoptee will be identified by the personal data of the mother (maternity), who intends to abandon the child at birth. The proposed article also allows a pregnant woman who decides to abandon a child after birth, to apply to the juvenile court in order to find persons wishing to adopt a child in the database, while the anonymity of the mother's personal data can be preserved at her request. Applicants for adoptive parents in both cases must meet the requirements and pass the general identity verification procedure. It seems that the legislative initiative may also be of interest to the Russian legislator. Finding adoptive parents before the birth of a child can partially solve the problem of social orphanhood. Such a mechanism can be applied to pregnant women who decide to abandon a child at birth. At the same time, an agreement on the adoption of a child that arose before the birth of the child must be supported by the consent of the mother after the birth, otherwise the adoption will not be continued. This measure may be especially in demand due to the non-decreasing number of mothers' refusals of newborns. According to the Foundation for the Prevention of Social Orphanhood, women aged 18 to 30 expressed a desire to abandon a child in 55% of cases, those under the age of 18 in 13% of cases<5>. Introduction "pre-adoption» would help to solve the demographic problem, ensuring in advance the placement of newborns in the families of interested citizens, preventing the child from entering state institutions.

Among the wide list of requirements for candidates for adoptive parents, the IC of the Russian Federation does not contain conditions on the duration of the marriage of adoptive parents a married couple. At the same time, in Italy, adoptive parents must be married (or live together before marriage) for at least three years (part 1 of article 6 of Italian Law N 184), in France be married for at least two years (article 343 of the Civil Code of France<6>(hereinafter FGK)). In turn, Italian Law N 184 establishes that during the three years preceding the adoption, there should be no separation between the spouses. It seems that it is not by chance that the Italian legislator put cohabitation or registered marriage in the first place among other requirements for adoptive parents. This establishment seems reasonable in connection with the actual situation in the field of marriage and similar relations. Thus, in Italy, cohabitation without civil marriage is widespread, which is considered an independent form of marriage. family relations <7>. The requirements fixed by the foreign legislator regarding confirmation of the stability of family relations are caused by frequent cases of divorce. Thus, in 2012, the number of divorces in relation to marriages in this period in France was 52.2%<8>, in 2011 in France 56.1%, in Italy 26.3% It seems that these requirements are a certain guarantor of the stability of relations between spouses and the seriousness of intentions to take a child into their family and deserve the attention of the Russian legislator. In addition, the expediency of fixing this requirement is confirmed by the statistics of divorced marriages. Thus, in Russia, in relation to marriages, 53% of marriages were annulled in 2012, in 2011 50%

Taking into account the experience of European states, it is proposed to supplement the RF IC with Art. 127.1 with the following content: “Article 127.1. Adoption of a child by a married couple.
1. who is without parental care, jointly by persons in a registered marriage, the duration of marriage is required for three years at the time of filing an application with the guardianship and guardianship authority with a request to give an opinion on the possibility of being adoptive parents.
2. Courts in the interests of children may take into account the continuous cohabitation of persons before marriage, but not less than three years.
The practice of interstate adoption makes adjustments to the practice of applying Russian legislation. Thus, the Russian court departed from the application of the rule on the prohibition of the adoption of brothers and sisters by different persons, except in cases where the interests of the child are observed (clause 3, article 124 of the RF IC).

In practice, such cases are considered situations when children are not aware of their relationship, did not live and were not brought up together, are in different children's institutions, cannot live and be brought up together for health reasons (paragraph 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation "On Adoption"<11>). The Vladimir Regional Court considered two cases on the applications of two married couples from Italy, who raised the issue of the adoption of two children by each couple, while the children were brothers and sisters among themselves<12>. One pair of children was brought up in one orphanage, the second pair of children in another. The adoption was applied for pairs of children in the same order as they were brought up in orphanages. The applicants knew each other and intended to maintain family ties between the children in the future. Based on the fact that minors for a long time could not be put up for adoption due to health reasons, the court concluded that adoption in the proposed case is in the interests of the child and allows you to maintain a family relationship between children. It seems possible to extend this practice to national Russian adoption, providing for the possibility of adoption of brothers (sisters) by different citizens, even if the children are aware of their relationship and were brought up together.

It seems that the fixed restriction on adoption in such cases is a morally obsolete norm due to the fact that modern facilities connections allow individuals to communicate from anywhere in the world. However, in such cases, at the stage of judicial consideration of the adoption case, it should be clarified whether the adoptive parents will not interfere with the communication of children who know about their relationship and have an emotional relationship with each other. This opinion is also supported by some scientists, pointing out that “the separation of children ... can only be allowed in their interests and in situations where the adoptive parents do not insist on maintaining the secrecy of adoption and undertake not to interfere with the communication of adopted children with brothers and sisters”<13>. A circumstance indicating the possibility of separation of brothers and sisters may be the fact that within a year from the moment information about children was placed in the federal data bank on children, there are no facts of showing interest in their simultaneous adoption.

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Russian President Putin approved the adoption agreement only with Italy, because in our country only married couples can take adopted children, but not couples out of wedlock, single people or same-sex unions, Italian media reported.

"A similarity of views that should not please us" - Chiara Saraceno's comment on the decision Russian President on the adoption of Russian orphans abroad was published in the newspaper La Repubblica.

“In recent years, international adoption has increasingly become part of interstate relations and agreements,” the author of the article writes. “Putin’s decision to approve an adoption agreement only with Italy, because in our country only married couples can take adopted children, but not couples out of wedlock, single people or same-sex couples, testifies, first of all, that the legal systems of the two countries support a single, strict definition of the family and the conditions under which one can become legal adoptive parents.

"I don't think we should be happy with such a similarity of opinion with a country that, to put it mildly, freely interprets the concept of civil rights and freedoms, including the rights of children left without parents," the author continues, emphasizing that Russian orphans "very often have to live in overcrowded and poor orphanages."

The newspaper Corriere della Sera publishes an article by correspondent Fabrizio Dragosei "Putin's decision: Adoption of children only for Italy, a country where there are no same-sex marriages."

"Despite the fact that in Russia the problem of orphans is quite dramatic, it will continue to practice a ban on adoptions for almost all Western countries - with the exception of Italy. Our country," writes the author of the article, "is the only state that has a valid agreement with Russia in this area ". According to the Russian authorities, Italy deserved this by not allowing same-sex marriages and adoption of children by same-sex couples. Adoption in the United States, the country that has hosted the largest number of Russian children in the past, has been blocked as a result of a political dispute and as the issue of same-sex marriage has evolved, Dragosei recalls. With France, the issue of adoption was closed in April after the French parliament lifted a ban on gay weddings and adoptions.

This spring, Putin announced that bilateral agreements with certain countries should be revised. The Duma then introduced a ban on the adoption of children in countries that recognize same-sex marriages. The Church has said its word: "Russian children must remain in Russia." The author of the article comments: "According to Archpriest Vsevolod Chaplin, Chairman of the Synodal Department for Interaction between the Church and Society of the Moscow Patriarchate, we are talking about right and wrong faith: a baby who finds himself in a non-Orthodox family, even a Christian one, "departs from the path that leads him to the kingdom of the Lord." In other words, the one who leaves Orthodoxy will not end up in paradise."

Anna Zafesova's article "Putin: Russian children only for Italians", published in the newspaper La Stampa, also discusses the topic of adoption of Russian orphans. "Pavel Astakhov, the Kremlin's commissioner for children's rights, said yesterday that only Italian citizens can have the right, in accordance with Russian law, to accept Russian children into their families: "Italy does not recognize same-sex marriages and is the only country with which we have bilateral agreement on adoption and which implements this agreement".

“Italians are good people, and what many people think is a sign of backwardness is, according to Russians, a virtue. Russia’s conservative turn has to pay the price of Russian orphans,” writes Zafesova. “In 2012, 2.6 were adopted by foreign parents thousands of Russian children, of which 762 ended up in Italian families.In second place were the Americans (646 children), and they would have adopted more if it were not for the so-called "Dima Yakovlev Law" - a boy who died in the United States. This law became a pretext to ban the adoption of children overseas, where, according to Astakhov, “pedophilia, violence, abuse flourish like in no other country.” In fact, the journalist recalls, the ban on the adoption of Russian children by American families was a response to the “Magnitsky Law "- the imposition by the US Congress of sanctions against Russian officials who were found guilty of the death in prison of lawyer and anti-corruption fighter Sergei Magnitsky."

“Most likely, the new tightening of the rules for international adoption is due to the fact that 23 American families applied to the Strasbourg Court of Human Rights with a request to provide information about the children they were supposed to adopt. The Russian side refused to provide such information, saying that all children were adopted Russian families, but local media claims otherwise: they were children who were seriously ill, many of whom could not be treated in Russia, and one of them, who suffered from severe heart disease, died. "As a rule, Russians do not adopt sick children and children with developmental delays, and almost never adopt children older than 4-5 years. Now, for such children, the only hope is the Italians."

On the this 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 Sky TG24, the ban on the adoption of children from Russia by foreigners is part of Putin's campaign against homosexuality.

More than 120,000 children are waiting in state orphanages to be handed over to a loving European family. But from now on, it can only be done by traditional families, with mom and dad, and exclusively from Italy.

These are the new rules for adopting children from Russia. This was announced by the commissioner for children's rights under the President of the Russian Federation Pavel Astakhov. This solution became part of an extremely tough campaign against homosexuality, which was launched not so long ago by Vladimir Putin. In Italy, same-sex marriages are prohibited, so the Russian side considers this country the most suitable for Russian children.

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

Although such a disappearance of competitors from other countries hides very disturbing prejudices. It is known that President Putin wants all foreign countries 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 annually adopted about a thousand children. From today, it also extends to countries such as the UK, Spain and France.

Fears remain that they, the 120,000 children who are waiting to be surrounded by love in the future, will have to pay for this.

Ketty Riga, Sky TG24.

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Countries with which Russia does not have an agreement on the adoption of orphans will no longer receive a positive decision on the adoption of a Russian child. Only two countries have such an agreement - Italy and France. This was stated by the Commissioner for Children's Rights under the President of the Russian Federation Pavel Astakhov.

The adoption of Russian children is actually suspended for citizens of countries with which the Russian Federation does not have an adoption agreement. At the moment, only two countries have such an agreement - Italy and France. This was stated by the Commissioner for Children's Rights under the President of the Russian Federation Pavel Astakhov, commenting on the clarifications of the Supreme Court of the Russian Federation on the procedure for applying the provision federal law 167 “On Amendments to Certain Legislative Acts of the Russian Federation on the Placement of Orphans and Children Left Without Parental Care”.

We are talking about the clarifications of the Presidium of the Supreme Court of the Russian Federation dated August 29 this year on how courts should apply the provisions of federal law No. adoption of children in countries where same-sex marriages are allowed.

If you carefully read these explanations, you will see the following thing: in fact, today international adoption in the courts of the Russian Federation will practically be stopped. The point is that in order for international adoption to continue, with the state with which it was carried out - we have about 20 such states - an agreement is required. Today we have it with Italy and France. That is just two countries.

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On June 18, State Duma deputies voted in favor of a ban on the adoption of Russian children by foreign same-sex couples. In addition, orphans will not be given to single citizens of those countries where homosexual marriages are allowed. In addition to the ban on the adoption of children by homosexuals, the size of the lump-sum allowance for adopted children with disabilities, children over seven years old, as well as blood brothers and sisters has been increased from 13 thousand to 100 thousand rubles. There remains a valid requirement of a 16-year age difference between an unmarried adopter and the child he or she is adopting. Previously, it was supposed to exclude this rule, but the deputies considered that this would play into the hands of pedophiles.

Deputy Elena Afanasyeva spoke about the reasons for the ban on the adoption of Russian children by foreign same-sex couples.

Most often, citizens of Italy and the United States applied to Russian courts with a request for international adoption of children in 2012, according to the statistics given in the review of the Supreme Court of the Russian Federation of the practice of considering cases on the adoption of children by regional and equal courts.

In 2012, most often Russian children were adopted by Italian citizens (27% of cases considered with satisfaction of the application), US citizens (24%) and Spanish citizens (20%). In addition, according to the summary data, Russian children were also adopted by citizens of France (10%), Germany (5%), Israel (4%), Canada (2%), Sweden (1.4%), Ireland and Great Britain (1 each). %), Finland and Malta (0.6% each). At the same time, adoptive parents from Argentina, New Zealand, Switzerland, Belgium, Ukraine and Austria occupy an insignificant place in the overall statistics (up to ten cases).