The Cabinet will consider the draft on the adoption of children affected by HIV and hepatitis C

© Fotolia / KhorzhevskaРебенок holds the hand of an adult. Archival photoThe Cabinet will consider the draft on the adoption of children affected by HIV and hepatitis C© Fotolia / Khorzhevska

The government of the Russian Federation at session on Wednesday will consider a draft law allowing patients with HIV and hepatitis C virus to adopt children, reported the press service of the Cabinet of Ministers.

«Pursuant to the decision of the constitutional court of the Russian Federation of 20 June 2018 №25-P on business about check of constitutionality of the subparagraph 6 of paragraph 1 of article 127 of the Family code and paragraph 2 of the list of diseases under which a citizen can not adopt (adopt) a child accept it under guardianship (guardianship), to take in a foster family or foster family», — stated in the message.

The bill will create a legal basis for judicial decisions guaranteeing the rights and lawful interests of the participants, based on the principle of equality and the criteria of reasonableness, necessity and proportionality in respect of people wishing to adopt a child, but having diseases included in the above list.

Under the changes, courts will be given the right to derogate from the provisions of article 127 of the Family code, in that case, if «a person infected with human immunodeficiency virus and (or) hepatitis C virus, because of the already established family relationships lives with the child, and taking into account interests of the adopted child and worthy circumstances».

The constitutional court of Russia has recognized not corresponding to the Constitution the norms of the Family code and the list of diseases that prevent people with HIV and hepatitis C to adopt children they are raising. The reason for making this decision was a case on the complaint of the couples from the suburbs, married since 2010. In 2012, a woman was infected with HIV at the hospital, where he was a miscarriage, and her sister gave birth to the couples child through artificial insemination. Despite the fact that the child resides from the claimants and brought them to courts of General jurisdiction due to the presence of HIV infection in women are denied couples in its adoption.

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