On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 20, 2018 No. 25-P

On the case of check of constitutionality of the subitem 6 of Item 1 of article 127 of the Family code of the Russian Federation and Item 2 of the List of diseases in the presence of which person cannot adopt (to adopt) the child, to accept it under guardianship (guardianship), to take in foster or foster home, in connection with the claim of the citizen K.S. and the citizen R.S.

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, S. M. Kazantsev, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, O. S. Hokhryakova, V. G. Yaroslavtsev,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 47.1, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in meeting without carrying out hearing case on check of constitutionality of the subitem 6 of Item 1 of article 127 of the Family code of the Russian Federation and Item 2 of the List of diseases in the presence of which person cannot adopt (to adopt) the child, to accept it under guardianship (guardianship), to take in foster or foster home.

Reason for consideration of the case was the claim of the citizen K.S. and citizen R. S. Osnovany to consideration of the case the found uncertainty in question of was whether there correspond Constitutions of the Russian Federation the normative provisions challenged by applicants.

Having heard the message of the judge-speaker N. V. Melnikov, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. According to the subitem 6 of Item 1 of article 127 of the Family code of the Russian Federation can be adoptive parents full age faces of both sexes, except for persons who for health reasons cannot adopt the child; the list of diseases in the presence of which person cannot adopt the child, accept it under guardianship, guardianship, to take in foster or foster home, it is established by the Government of the Russian Federation; medical examination of persons wishing to adopt children without parental support is carried out within the program of the state guarantees of free rendering medical care to citizens according to the procedure, established by the authorized Government of the Russian Federation federal executive body.

No. 117 is approved by the order of the Government of the Russian Federation of February 14, 2013 the List of diseases in the presence of which person cannot adopt (to adopt) the child, to accept it under guardianship (guardianship), to take in foster or foster home. Item 2 of this List carries to the diseases interfering adoption, infectious diseases before the termination of dispensary observation in connection with permanent remission.

The citizen K.S. and the citizen R.S. disputing constitutionality of the called normative provisions are married since August 21, 2010. Applicants live and are registered in one apartment together with minor S. which was given rise on June 4, 2015 by the sister R.S. as a result of the procedure of artificial insemination and which natural father is K.S.

In the statement for adoption of S. with which R.S. took a legal action she specified that in 2012 she in case of stay in medical institution was infected with HIV infection and hepatitis C, from treatment of these diseases did not evade, the child since the birth lives together with it and her spouse, is brought up by them. In judicial session the notarized refusal of the natural mother of the parent rights concerning S. was provided, and K.S. recruited in case in quality of the interested person supported the requirement of the spouse.

Leaving the statement without satisfaction, the court in the decision of January 24, 2017 referred, in addition, to the conclusion of September 28, 2016 about results of medical examination of the citizens intending to adopt (to adopt), take under guardianship (guardianship), in foster or foster home of orphan children and children without parental support according to which at R.S. the disease interfering adoption and on the conclusion of the guardianship and custody body believing adoption of the child by it to the unreasonable, not being equitable its interests which is taken out on October 14, 2016 is revealed. Appeal Court, having agreed with conclusions of Trial Court about availability of obstacles to adoption, determination of May 3, 2017 left its decision without change, and the petition for appeal P.C. - without satisfaction.

According to applicants, the normative provisions challenged by them are understood in law-enforcement practice as allowing to refuse to the citizens having infectious diseases, including HIV infection and hepatitis C adoption of the child only based on the diagnosis without other factors and by that contradict Articles 19 (parts 1 and 2), 38 (parts 1 and 2), 45, 46 and 55 (part 3) Constitutions of the Russian Federation.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info