Russian Adoptions
25 Mar 2019 | Naomi AngellAdopting a baby from Russia can give a chance of a family to a child who would otherwise spend their childhood in an orphanage and for a childless British family a much-wanted baby.
Naomi Angell, who heads Osbornes family adoption team, has recently returned from Moscow and St Petersburg where she was on a fact finding visit on Russian adoption.
Of the 225 intercountry adoptions by families from England recorded in 2008, 59 of these were from Russia. Currently, Russia is the main foreign country from which British families are adopting.
Russian adoptions are not automatically recognised in the UK because Russia is neither a Hague Convention country nor is it on the ‘Designated List’ of countries whose adoptions are authomatically recognised here. Consequently, the only way British families can get recognition of a Russian adoption, along with British nationality and full parental responsibility for their adopted child, is to readopt in the courts here. This will take about a year from the time that a family arrives back in this country with their Russian child. However thorough and correct the Russian process has been, the English adoption proceedings are not a rubber stamp but a vigorous and lengthy process, when all the English adoption requirements have to be satisfied.
Naomi Angell and Bridget Thompson, who is also a member of the Osbornes adoption team, regularly represent families who have adopted children in Russia in the English re-adoption process here. Naomi and Bridget also advise and represent Russian families living in this country who wish to adopt from their home country and British, ex-patriots living in Russia who adopt while they are there but need recognition of the Russian adoption and British nationality for their adopted child once they return to settle in this country. Naomi and Bridget’s casework also includes advising and representing British nationals marrying a Russian citizen, where the Russian national has a child by a previous relationship or marriage but the new family on settling in this country want the stepparent to adopt the Russian child.
In Russia, Naomi met the senior Judge conducting intercountry adoptions in St Petersburg, as well as visiting a baby home for children from 0 to 4 years old who was suffering from a range of neurological problems.
In Moscow, she met several very senior officials from the Russian Ministry of Education and Science, the central government department dealing with adoption, and also had a meeting with the consular and visa sections of the British Embassy.
The Russian authorities expressed their concern that the UK does not recognise Russian adoptions but did not seem keen to ratify the Hague Convention, along with the other 81 countries worldwide, who have signed up to it. Ratifying the Convention would achieve automatic recognition of Russian adoptions by other Convention countries. The Russian authorities gave as one reason for the concern that ratifying Hague would impact on Russian adoption legalisation, as Hague did not specify duties which are in their law on issues such as post-adoption requirements.
It was Naomi’s view that Russian adoption law appears to be in the main Hague compliant and that ratifying Hague should not reduce the effectiveness of Russian adoption law as Hague provides a framework of regulation and child protection in intercountry adoption, which is then brought to life by the adoption laws of each individual Convention country.
It would certainly make the already complex process of intercountry adoption both speedier and easier if Russia were to decide to ratify Hague. It would also mean that a child adopted in Russia was not left in legal limbo in this country, during the 12 months or so between the Russian and English adoption orders, when the adopters are the child’s legal parents in Russia but have no legal status with their child in this country.
Share this article
Contact
Contact us today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
News & InsightsVIEW ALL
- 12.9.2023
Family law award nomination for Osbornes Law
The family team at Osbornes have been shortlisted as finalists at the Family Law Awards 2023. Our family department are one...
Read more - 22.8.2023
Does Britney’s Spears Prenup Protect Her Assets?
News has emerged of Britney’s marriage breakdown earlier this month when Sam Asghari filed for divorce, citing irreconcilable differences....
Read more - 16.8.2023
High income parents – how much child maintenance should...
When separating or divorcing parents cannot agree the amount of child maintenance to be paid, (in high income cases where...
Read more - 25.7.2023
Family Dynamics: A Factor In Child Arrangements Cases
In proceedings involving children, the parents should consider the impact their behaviour towards each other may have on how the...
Read more - 28.6.2023
Why It Is Important to Involve First Class...
Prenups have historically have a bad reputation, but they are starting to lose the negative stigma and are now common...
Read more - 23.6.2023
Children Proceedings Highlights Judicial Conduct
Jonathan Jonas, a senior children lawyer at Osbornes Law was involved in the interesting case of K and L (Children:...
Read more - 19.5.2023
Declaration of Trust for Property
If you are buying a property jointly, you may want to consider making a declaration of trust to record your...
Read more - 17.4.2023
Osbornes Law Welcomes New Head of International Children
Osbornes Law is delighted to announce the arrival of Lauren Hall to the firm. Lauren Hall joins the family department...
Read more - 29.3.2023
Parenting Talk With Noël Janis-Norton
Osbornes Law are delighted to be hosting internationally known parenting expert, Noël Janis-Norton, who will be delivering the talk:...
Read more - 22.3.2023
Cohabitation agreement solicitors
Unmarried couples who live together do not have the same legal protection as married couples and civil partners when they...
Read more - 7.3.2023
What is legal parenthood and how is it...
This issue was in the news recently, when a married Oklahoma same-sex couple were in court over a dispute about...
Read more - 8.2.2023
Severance of a Joint Tenancy
Severing a Joint Tenancy Normally, when couples buy a property together they do so as joint tenants. This means they...
Read more - 8.2.2023
Tenants in Common vs Joint Tenants
Tenants in Common vs Joint Tenants: Which is best for buying a property together? When buying a property with someone...
Read more - 7.12.2022
Judge ignores pre-nuptial agreement but factors in non-matrimonial...
Case Law One of the reasons I am still passionate about family law, after 20 years in the field, is that...
Read more - 24.10.2022
Family law award nomination for Osbornes Law
The family team at Osborne have been shortlisted as finalists at the Family Law Awards 2022. The department are one of...
Read more - 31.8.2022
What if my partner predeceases me before we...
A review of a recent case concerning consent during fertility treatment. When going through fertility treatment as a couple, it...
Read more - 31.8.2022
Declaration of parentage after mistake at register office
Recently in the news has been the outcome of the case of Osborne & Anor v Cambridgeshire County Council [2022] EWHC 1982 (...
Read more - 2.8.2022
New strategy to make fertility treatment more accessible
In July 2022, the Department of Health for England released its strategy aimed at improving Women’s Health. While women represent 51%...
Read more - 5.7.2022
Proposed Changes to Gamete Donor Anonymity Laws in...
The Human Fertilisation and Embryology Authority (HFEA) has proposed changes to the law surrounding gamete donor anonymity in the UK....
Read more - 9.6.2022
TOLATA Claims
What are trusts of land? Property ownership is not always a straightforward legal issue, particularly where the parties are cohabitees...
Read more - 12.4.2022
Mediation or Arbitration: What’s best for me?
Few divorcing couples want to end up in court, which is why mediation and arbitration are faster and more effective...
Read more - 8.12.2021
Do I need permission to take a child...
Can a mother take a child out of the country without father’s permission? For a parent to take their...
Read more - 18.11.2021
Legal considerations in the surrogacy process
What Are My Surrogacy Options at Home and Abroad? When you’re considering surrogacy as an intended parent, you may...
Read more - 20.10.2021
Birth parent fails to overturn adoption order
Most adoption applications go through smoothly and it is only in the minority of cases that birth parents seek to...
Read more