Adoption as a Priority form of Placement of Children Left Without Parental Care: New in Legal Regulation and Development Prospects

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Abstract

Purpose of the study. In the article, the author examines the trends in the development of legislation on adoption as a priority form of placement of children left without parental care, identifies the advantages of this form and the prospects for its development. The author comes to the conclusion that there is no unified definition of the concept of adoption in the law at the present stage of development of family legislation, the criteria for distinguishing between the «form of arrangement» and the «form of education» of a child are proposed, the essence and social purpose of the institution of adoption are systematized, the advantages of the judicial order are systematized and the requirements for to prospective adoptive parents. The article proves the practical need in some cases to apply a situational method of regulating relations for the adoption of a child, which will allow deviating from the formal requirements of the legislator in relation to candidates for adoptive parents, provided that the adoption is in the interests of the child.

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About the authors

Natalia V. Letova

Institute of State and Law of the Russian Academy of Sciences

Email: letovanv@mail.ru
Dr. Sci. (Law), Chief Researcher of the Procedural Law Sector Moscow, Russian Federation

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