On the realization of an adopted child's right to information about his biological parents: the relationship between the Russian and international approaches

Abstract

Introduction. In world practice, the position of the need for free communication of information about the adoption to interested parties is becoming more widespread. This position is already being implemented in a number of countries by openly and unconditionally providing an adopted child with access to birth documents (and even before reaching adulthood), as well as by striving for a full transition to "open" adoption procedures. In our country, the approach of maintaining the secrecy of adoption has been preserved. Recognizing that an abrupt change in the legislative paradigm does not meet the interests of modern Russian society, it should be noted that there is a need for certain changes, in particular, to simplify obtaining information about biological relatives of a child who was adopted.Goal. The analysis of the existing problems of legislative regulation and the practice of its application in the field of providing information about adoption, the need to preserve the secrecy of adoption. Development of proposals for improving legal regulation in order to increase the effectiveness of protecting the rights and interests of individuals who have been adopted.Materials and methods. The methodological basis of the research was made up of general and special methods of cognition: dialectical, analytical, formal-logical, as well as comparative-legal. In addition to the traditional study of regulations and judicial practice, the information contained on the Internet was analyzed - on the websites of government agencies (the Registry Office information and analytical portal, the websites of the Judicial Department, the Constitutional and Supreme Courts of the Russian Federation, the websites of guardianship authorities), including similar resources from foreign countries.Conclusions. A review of the legislative position on limiting the right of an adopted child (and later his descendants) to receive information about biological relatives is required. It seems necessary to conceptually recognize the possibility of government institutions participating in the exchange of information between adopted children and biological relatives in the future during the development of genomic registration. The regulation of these relations should be based on international experience, both in the field of legal regulation and in the analysis of the impact of technology development on public access to information.