Child adoption in Azerbaijan
- Emil Khudiyev (Lawyer)
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Child adoption is a VERY responsible decision and must be approached carefully after weighing all the conditions and possible consequences.
At the same time, this is a great chance both for a child who finds himself without parental care in an orphanage, and for a couple who cannot have children.
Many people who want to give their child care and love are alarmed by the adoption procedure and the bureaucratically complex process.
However, timely legal assistance in this procedure will help you to avoid mistakes and competently build an approach to reunite with your beloved baby as soon as possible.
Let’s take a look at the process…
Steps of adoption process
The adoption procedure is regulated by the Family Code of Azerbaijan and “Rules for the adoption of children deprived of parental care, including the adoption of children by foreigners and stateless persons”.
In generally, the adoption procedure consists of the following stages:
1) Registration in the electronic system;
2) Registration as a parent candidate and interview;
3) Parental trainings;
4) Meetings with the child and probationary period;
5) Court decision on adoption.
By the way, it is important to know that the adoption process is now carried out on the E-Sosial portal (operating under the Ministry of Labor and Social Protection of the Population), but not in orphanages, as before. So, the parents-candidates’ application for adoption is drawn up in a notary and within 10 days is transmitted electronically through the “Children deprived of parental care and adoption” subsystem.
First, the candidate parent fills out the appropriate application form at the notary’s office and certifies it there. After this, you need to register in “ASAN Login” and fill out a form for subsequent verification by the relevant institutions (Ministry of Labor, Ministry of Justice, Ministry of Internal Affairs, Ministry of Health, Ministry of Science and Education, Ministry of Economy, Migration Service, State Agency of Compulsory Health Insurance, credit bureaus).
The application is then forwarded to the Adoption Division of the DOST Agency to verify the information and register the applicant parent’s application. A notification about the status of the application is sent to your personal account.
Within 10 days after registering the candidate parent’s application, a social worker will conduct an interview at the place of residence of candidate. The goal is to learn more about the living conditions, interests, family members, as well as the attitude of family members towards adoption.
Then he conducts a preliminary assessment of the interview results and verifies the consistency of the information uploaded by the candidate parent into the system within 2 working days and uploads his report into the system.
Then, within 3 working days, the Ministry of Labor makes a decision on involvement in parental training and within 10 days the candidate parent starts the appropriate training.
The duration of the training is no more than 30 days. Foreigners are exempt from parental training if they present a certificate confirming that they have completed parental training in their country.
Taking into account the wishes and interests of the candidate parent and the child, the system selects the most suitable options and within 5 working days the Ministry of Labor organizes a meeting of the children with the participation of a social worker at the place where the child is located. Meetings are held over a period of 2 months and at least 40 hours (the period can be reduced to 12 hours within 20 days based on the conclusion of a social worker for children under 1 year of age).
The social worker monitors the candidate parent for at least 8 hours every month and after the period, no later than 3 working days, based on the results of the meeting between the candidate parent and the child in the institution, prepares a conclusion about it and enters it into the subsystem.
Foreigners living outside of Azerbaijan are required to meet with children in institutions for a total duration of 40 hours over 2 weeks.
Finally, the child is placed for a probationary period with the parent’s family. If the probationary period is completed, the court makes a decision on the adoption of the child.
After the Azerbaijani court makes a decision on adoption, during the first year the adoptive family will be under the control of social services. Every quarter, juvenile inspectors will visit the adoptive parents’ homes to check the child’s living and upbringing conditions. After a year, visits from social workers will be reduced to once every 12 months. And if suddenly experts notice something suspicious in the child’s behavior or a change in it for the worse, then the family may be deprived of parental rights.
Who can adopt a child in Azerbaijan?
Both Azerbaijani citizens and foreigners can adopt a child.
The minimum age for married persons is 25 years and for unmarried persons – 35 years. The age limit can be lowered by the court if there are reasons. The difference between the child and the parent in this case must be at least 18 years.
In general, preference is given to married persons (at least 3 years for citizens of Azerbaijan, at least 1 year for spouses over 35 years of age and at least 5 years for foreigners and stateless persons) and persons over 55 years.
Documents required for adoption
To begin the procedure of child adoption in Azerbaijan, you will need the following documents:
1) Application form (notarized);
2) Personal data about the candidate parents (name, gender, date and place of birth, PIN code, place of residence, citizenship);
3) Certificate of health from the State Agency of Compulsory Health Insurance (including a psychiatrist’s report);
4) Information about marital status;
5) Information about place of work and position (including wages and other income, as well as a bank account statement for the last 12 months);
6) Information about real estate (owned, including cars);
7) Information about the presence of a criminal record (date of conviction, type of punishment, term, date and reason for release);
8) Information about alimony, credit and other obligations;
9) When adopting your own close relative (sister, brother, granddaughter, nephew or niece, nephew or niece of parents) – information on confirmation of family ties (copy of birth certificate);
10) For foreigners – data on temporary residence or permanent residence, as well as a document confirming the availability of living space not lower than the minimum standard provided for by the legislation of the country of their residence.
FAQ
Can unmarried people adopt a child?
Yes it is possible. The adoptive parent must be an adult, that is, over 18 years of age. But according to the law, if the adoptive parent is not married, then the age difference between the adoptive parent and the child must be at least 16 years.
What diseases can interfere adoption?
1. Tuberculosis in persons belonging to groups I, II and V of dispensary observation;
2. All types of infectious diseases;
3. Malignant neoplasms of grade III and IV, regardless of location;
4. Mental (psychological) and behavioral disorders until the end of dispensary observation;
5. Drug addiction, substance abuse (drug dependence) and alcoholism.
What is the minimum age limit for adoption?
For married persons – 25 years, and for unmarried persons – 35 years (except for stepfather/stepmother, as well as close relatives (brothers and sisters, grandparents, sisters, parents’ brothers, their children).
Note: for a serious reasons, this age limit may be increased or decreased by the court.
Who cannot adopt a child?
1. Those who recognized by the court as incompetent or partially capable;
2. Deprived of parental rights by court or limited by court in parental rights;
3. Removed from the duties of a guardian or trustee for improper performance of the duties assigned to him by law;
4. Former adoptive parents, if the right to adoption was revoked by the court due to their fault;
5. Due to health reasons, unable to fulfill parental responsibilities;
6. Convicted of intentionally committing grave or especially grave crimes against peace and humanity, public safety and public morality, life and health, integrity and honor of the individual, sexual integrity and sexual freedom of the individual, minors and family relations and persons against whom criminal prosecution the commission of these crimes was terminated without justification, without taking into account the removal and expungement of a criminal record;
7. In respect of whom criminal prosecution proceedings are ongoing – during the period of criminal prosecution;
8. Whose average monthly income per person in the family (including the child being adopted) is less than the subsistence minimum established in the country (for foreigners and stateless persons who want to adopt a child who is a citizen of the Republic of Azerbaijan, less than 2 times the average monthly salary in country of residence).
How long does parent training last?
Parent candidates who have passed the interview are involved in training for a period of no more than 30 days.
Note: foreigners and stateless persons who provide a confirming certificate of completion of adoption training in their country are not involved in the training.
Are there deadlines set for the entire duration of the adoption procedure?
There are no deadlines in the legislation that define any time frame for adoption. But, taking into account all the stages required for this procedure, I can say that it usually lasts 8-10 months.
If we take into account the court, the process will take about one year, after which an adoption certificate will be issued.
Are adoption and guardianship the same thing?
Adoptive parents completely replace parents for the child.
There is no such temporary nature of upbringing as in case of guardianship, trusteeship or when transferring a child to a foster family.
How is family income calculated in the process of adoption?
During the 12 consecutive months preceding the application by the candidate parent, the total income of him and his family members for the corresponding period of the loan (including mortgage, leasing), rent, alimony payments, as well as other obligations after subtracting the average monthly family income is calculated by division by 12, and the average monthly income per person in a family is determined by dividing by the number of family members.
How EMZE can help you?
Want to adopt a child in Azerbaijan, but don’t know for sure how to start? It’s not scary! The main thing is a competent approach that a lawyer will help you build.
You can find other legal services in this field in “My Services” section.
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