Who May Be Adopted
Adoption is permitted only with respect to children for whom:
- both parents have died or have been declared missing
- the parents have consented to the adoption
- the parents have been declared legally incapacitated
- the parents have had their parental rights terminated (not sooner than 6 months after the court’s ruling)
- the parents have not resided with the child for more than 6 months and have evaded parental responsibilities
Who May Adopt
Russian citizens have priority. Foreign nationals may adopt a child only if, within a period of 12 months, it was not possible to place the child with a Russian family.
The Dima Yakovlev Law
Federal Law No. 272-FZ (2012) prohibits U.S. citizens from adopting Russian children and bans the activities of American adoption agencies on Russian territory.
Current status by applicant type:
| Applicant | Adoption |
|---|---|
| Russian citizen | ✅ Permitted |
| U.S. citizen | ❌ Prohibited |
| Russian/U.S. dual national residing in Russia | ✅ Permitted |
| Russian/U.S. dual national residing in the United States | ❌ Prohibited |
Guardianship and Custodianship
Unlike adoption, guardianship (opeka) has no citizenship restriction — with one important exception.
The following individuals may not serve as guardians:
- Persons whose parental rights have been terminated
- Persons with criminal convictions for offenses against minors
- Persons without specialized training (with the exception of close relatives)
- Citizens of countries in which same-sex marriage is legal, if they are unmarried or are in a same-sex union
This means: a single national of any country where same-sex marriage is legally recognized may not serve as a guardian of a Russian child.
Guardianship is established when living parents are temporarily unable to care for the child: due to illness, employment abroad, or other circumstances.
Taking a Child Abroad
Adoptive parents hold full parental rights. A guardian is the child’s legal representative. As a general rule, one parent or guardian is sufficient to travel abroad with a child; however, some countries require written consent from the other parent.
Planning an adoption or guardianship arrangement? The process is complex and contains many potential pitfalls. We assist foreign nationals in navigating it correctly from the outset.