Rus News Journal

KS named an admissible age difference at adoption

Today, on February, 5th, the chairman of the Constitutional court (KS) Andrey Strizhak declared a judgement by which 2 items 211 of the Family code according to which the maximum age difference between children - orphans and wishing them to adopt are recognised constitutional positions of a part should not exceed 45 years.
the court motivated the decision with that the specified age difference between the adoptive father and the child is equally obligatory for all persons who wish to adopt the child and consequently it does not break an equality principle before the law, fixed item 24 of the Constitution.

in decision KS also it is noticed that, proving illegality of the specified positions of the Family code, the legal subject on the constitutional representation proceeds first of all from interests of adoptive fathers, disregarding thus interests
adopted children.

According to decision KS, an establishment of requirements concerning an age difference between the adoptive father and adopted it is caused by responsibility of the state for destiny of children - orphans and children deprived of fatherly care.

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