Cancellation of adoption
Hello,
This is the INHERITANCE LAWYER channel.
Inheritance lawyer Aleksey Vyacheslavovich Moskvichev answers your questions.
Today, in the "Court Decisions" section, we'll discuss the interesting issue of adoption revocation.
Yulia came to me for a consultation with a question about how to revoke an adoption. She explained that her parents separated when she was very young. Soon after, her mother remarried, and her second husband adopted Yulia. She considered him her father her entire life. When Yulia became an adult, her mother told her about her father, but it essentially changed nothing in their relationship. She still has no contact with her biological father.
Yulia was already 25 years old when her biological father died suddenly. He left no will, but he did leave an inheritance. And he had no relatives as heirs. Life had turned out that way for him, and he died alone. The state was the only claimant to all the property they had acquired.
But neither Yulia nor her mother wanted to hand it all over to the state. So they came to me with the question, "What should I do?"
Well, what should I do in such a situation? There aren't many options.
As we know, adopted children cannot inherit from their biological parents. This is enshrined in Article 1147 of the Civil Code of the Russian Federation.
There was only one option left: revocation of the adoption.
But this isn't so simple. As a general rule, if an adopted child has reached the age of majority, revocation of the adoption is not permitted – Article 144 of the Family Code of the Russian Federation.
However, as with any rule, there are exceptions.
Revocation of an adoption is possible with the mutual consent of the adoptive parent and the adopted child, as well as the parents of the adopted child, if they are alive, have not been deprived of parental rights, or have not been declared incompetent by a court. In our story, all the participants agreed, so we proceeded according to this plan.
We prepared a claim to annul the adoption and submitted it to court. Yulia's adoptive father was the defendant.
At the court hearing, the defendant admitted the claim and agreed to the demand to annul the adoption. Despite this, the trial was very difficult for my clients, primarily from a psychological standpoint.
The judge, the prosecutor, and the guardianship authority representative all tried to find out how this could happen. They had lived together their entire lives, and now this... what was the true reason for our actions?
The guardianship authority representative, in particular, tried to incriminate everyone.
Although, in essence, Yulia's motive in filing the claim has no legal significance in this case.
The most obvious thing is that all the conditions for annulment of the adoption were met – all the participants agreed. And so, after a bit of a frustrating experience for everyone involved, the court upheld the claim.
Yulia's adoption was annulled, and her original surname and father's information were restored to the Birth Certificate and Birth Record.
Accordingly, by changing her documents, Yulia was able to claim her inheritance from her deceased father.
That's the story.
That's all the information I have for today. Leave your comments and ask your questions. Subscribe to the INHERITANCE LAWYER channel so you don't miss new videos about inheritance. #inheritance #heirs #legalconsultation #legalassistance #inheritancelawyer
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