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Children should be passed to their US foster parents if the courts passed their verdicts for the adoption before January 1, 2013

January 22, 2013, 18:26 UTC+3
The explanatory note was posted on the official website of the Russian Supreme Court
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MOSCOW, January 22 (Itar-Tass) — The law, which the State Duma approved over the ban for the adoption of Russian children by the US citizens, does not have an effect on those child adoption cases, the court verdicts in which were handed down before January 1, 2013, the Russian Supreme Court explained its position on the issue on Tuesday.

“The cases, in which the courts passed their verdicts for the adoption of Russian children by the US citizens before January 1, 2013, and entered in legal force (including after January 1, 2013), children should be passed to their US foster parents,” the Judicial Division for Administrative Cases and the Judicial Division for Civil Cases of the Russian Supreme Court said in an explanatory note, which was posted on the official website of the Russian Supreme Court. Deputy Chairman of the Russian Supreme Court Vasily Nechayev signed this explanatory note.

This explanatory note was made public for the legal execution of the federal law signed on December 28, 2012, that envisages the measures of impact on people, who are involved in the violations of the fundamental human rights and freedoms, human rights and freedoms of Russian citizens. The law entered into force as of January 1, 2013.

The Russian Supreme Court explained that under Article 125 Clause 3 of the Russian Family Code and Article 274 Part 4 of the Civil Procedural Code to satisfy a request for child adoption the rights and duties of an adoptive parent (adoptive parents) and an adopted child come into effect from the day the court verdict over child adoption enters in legal force.

The letter with the explanations was sent to the chairpersons of republican, territorial and regional courts, the Moscow and St. Petersburg City Courts, the courts of the autonomous areas and autonomous regions and the district (naval) military courts.

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