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Civil Acts Registration

What is the procedure for adoption? 

Adopting a son (adopting a daughter) (hereinafter referred to as “adoption”) is permitted only for persons under the age of 18 and based on their interests, taking into consideration the possibilities of ensuring the complete physical, mental, spiritual and moral development of children. Adoption is approved by the court and is subject to mandatory state registration at the territorial body of civil status acts registration following the entry into force of the civil judgment of the court.

 

 

Who can be an adoptive parent?

Adoptive parents shall be adult persons, except for:

(1)    persons declared as having no active legal capacity or limited active legal capacity by the court;

(2)    spouses, one of whom has been declared as having no active legal capacity or having limited active legal capacity by the court;

(3)    persons who have been deprived of parental rights or whose parental rights have been restricted through a judicial procedure;

(4)    persons relieved of the responsibilities of a guardian (custodian) for improper performance of the responsibilities placed on them by law;  

(5)    former adoptive parents, if adoption was terminated by the court due to their fault;

(6)    persons who are unable to exercise their parental rights due to health condition. The list of corresponding diseases, in which case a person may not adopt a child, is approved by the Government of the Republic of Armenia.

(7)    persons who, at the moment of adoption, do not have the income to ensure the minimum living conditions of the child being adopted;

(8)    persons who do not have a permanent place of residence, as well as an accommodation that meets the prescribed sanitary and technical requirements;  

(9)    persons having, at the moment of adoption, criminal conviction for a grave or a particularly grave crime committed against the person or against the public order and morality;

Unmarried persons may not jointly adopt the same child.

In case there are several persons wishing to adopt the same child at the same time, preference is given to the relatives and stepparents of the child, taking into consideration the above mentioned requirements.

If the adoptive parent is not married, the age difference between him or her and the child being adopted must be at least equal to eighteen years.

No restriction on age difference is envisaged when a child is being adopted by the stepfather (stepmother).

 

Which body carries out state registration of adoption?

State registration of adoption is carried out by:

(1)    the body of civil status acts registration in the place of location of the court having rendered the civil judgment on adoption, or

(2)    the body of civil status acts registration in the place of residence of the adoptive parents (adoptive parent).

The body of civil status acts registration registers adoption irrespective of the period that has passed since the decision of the competent body on adoption was rendered and irrespective of the age the adoptee has attained at the moment of registration of adoption.

 

What documents are required for state registration of adoption?

The following documents are required for state registration of adoption:

(1)  written application of adoptive parents (adoptive parent) or the person authorised by them (you can obtain the sample form of the application on the website of the Ministry of Justice of the Republic of Armenia at www.moj.am, or from the body of civil status acts registration);

(2)  civil judgment of the court on adoption having entered into legal force;

(3)  identification documents of adoptive parents (adoptive parent);

(4)  marriage certificate of adoptive parents;

(5)  birth certificate of the adoptee.

 

How long does state registration of adoption take?

State registration of adoption is carried out on the day of submission of the application to the body of civil status acts registration.

In case when the act of registration of the birth of the child being adopted is at another body of civil status acts registration, the body of civil status acts registration registering adoption makes, within a one-day period, an inquiry to the body of civil status acts registration in the place of registration of the birth to receive a copy of the act of registration. Upon the receipt, the document is examined by the body of civil status acts registration (to find out whether there are other notes concerning adoption or on the invalidity of the document, etc.), after which adoption is registered within a one-day period.

 

What are the legal consequences of adoption?

Adopted children and their descendants are equal to the relatives in terms of their personal non-property and property rights over and obligations towards adoptive parents and their relatives, while adoptive parents and their relatives are equal to the relatives of origin in terms of their personal non-property and property rights over and obligations towards the adopted children and their descendants.  

Adoptees lose personal non-property and property rights over their parents (relatives) and are relieved of obligations.

The maintenance of relations of the adopted child with one of the parents or with the relatives of a deceased parent shall be noted in the civil judgment of the court on the adoption of the child.

The woman having adopted a newborn child is entitled to post-natal leave prescribed by the labour legislation of the Republic of Armenia and other prescribed privileges.

 

What is the amount of the state duty?

No state duty is levied for state registration of adoption by citizens of the Republic of Armenia, including for issuance of a certificate.

A state duty of AMD 30 000 is levied for state registration of adoption by foreign nationals and stateless persons, including for issuance of a certificate.

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