Регламентация иностранного усыновления в международном частном праве

Abstract

The article considers the issues connected with the concept of foreign adoption, with resolving the conflict issues and analyzes the provisions of international treaties regulating this problem. The author arrives at the conclusion that the relations involving the adoption of children from one state by citizens of another state ought to be termed not international adoption, but foreign adoption since the latter term reflects precisely the meaning of the relations mentioned above. Another conclusion drawn by the author while analyzing the relationship emerging at foreign adoption is that the institution of adoption in general, and of the foreign one in particular is known to every state (with the rare exception of some Muslim countries) but the basic conditions for its establishment are regulated in different ways. This is connected with the ruling religion, morals, traditions, customs, principles and foundations. The application of the norms, regulating family relationships is closely connected with this particular country's notion of public order, that is why the norms in this sphere are especially hard to unify. Moreover, since foreign adoption is involved, it is the case of unification not only of material rules but of the conflict ones as well. The author suggests introducing modifications into the Marriage and Family Code of the Republic of Belarus and fixing the generally accepted norms — attachment to the law of the adopting party with the provision that the relationship in question will be treated under the binding laws of Belarusian legislation. These laws should include: the parents' consent for adoption, the age of consent of the child and the obstacles to adoption.