Software torrents
Armenian (Հայերեն)Russian (CIS)English (United States)


A couple of days ago, a man called up our office, identified himself as RA citizen and informed that he had been on intimate relationship with his friend for around three years who was also a male. They loved each other and wished to adopt a son. He wished to know if it is envisaged by an intergovernmental law or not and if it is prohibited, then which provision of the law is restricted by the Legislation as he says “The right to adopt a child for us, spouses”.

Below are two Articles of RA Family Code which give comprehensive answer to this question:

a) In accordance with Section 1 of Article 10 of Family Code of the Republic of Armenia, mutual voluntary consent of man and woman is required for the registration of marriage. In other words, to be registered as spouses, the presence of an opposite sex is required.

b) In accordance with Section 2 of Article 116 of the same code, it is prohibited to adopt the same child if their union is not registered.

Based on the synthesis of legal norms, it is clear that those living on intimate relationship, “family” forming unisex representatives are not regarded as spouses by the Republic of Armenia, whereas those whose marriage is not registered are disallowed to adopt the same child in compliance with the law.

The best, I should say, the perfect creation in mankind history is a birth of a child. A birth which becomes more perfect when it is from a fruit of love. There is a saying which runs, “A man ought to plant a tree, build a house and have a child”. In other words, the given three conditions are to be fulfilled by mortals and be blessed the day when people will have sufficient financial resources to materialize these imperative conditions.

Very often a child loses his or her parents or parents abandon their children or on account of financial reasons children are sent to orphan houses, whereas at worst they abandon their children and they find themselves in streets entailing all the legal consequences.

There are cases when based on certain reasons a man is not given the delight to have a child and the given person wishes to adopt a child.

The legislation determines certain game rules for adopters which are shown below:

Adopters can be persons of full legal age with the exception of those who are incapable (mental disorder) and limited capable (putting the family in serious condition on account of addiction to alcoholic drinks, drugs or gambling) recognized by the court and those who are deprived of parental rights, as well as those who do not have a permanent residence, respective residential area and stable income.

People whose marriage is not registered are forbidden to jointly adopt the same child.

The Legislation stipulates that the difference between an adopter and adopted child ought to be more than 18 years which does not relate to the adoption made by a stepmother or stepfather.

A written consent of parents of the adopted child is mandatory, save for cases when the court acknowledged the latters as missing, incapable, who are deprived of parental rights, have not lived with the child more than one year and avoid upbringing and taking care of the child. In this regard, when a child is adopted only by one of the spouses, a written consent of the other spouse is also mandatory, save for cases when the marital relationship is terminated, they have not lived together for more than one year and the whereabouts of the other spouse is unknown.

For the adoption of a ten-year-old child it is necessary to have his or her consent. In view of the interests of the child, no consent is required from a ten-year-old child if the given child lived in the family of an adopter and considers the latter as his or her parent prior to the submission of an application for adoption.

An adopted child is lawfully integrated into the family and enjoys the same personal, non-property rights and responsibilities as his or her adopters and relatives. It is necessary to know that a woman adopting a newly-born child enjoys all the privileges for post-natal sick-leave, whereas the child who was entitled to receive a pension or allowances on account of death of his or her parents at the time of adoption, shall continue enjoying the given right after the adoption.



It is expedient to point out the procedure allowing to adopt a child in Armenia. Although there might be certain cases that adopters will fail to perform their duties and responsibilities and the child will have to be taken from them. The law also stipulates this variant.

Adoption of a child can be invalidated when adopters:

a. avoid performing their parental responsibilities,

b. abuse their parental rights,

c. display cruel attitude to adopted children,

d. other cases envisaged by law, as well as for the interests of a child and in consideration of a ten-year-old child’s opinion.

Adoption shall be invalidated juridically in the mandatory presence of Guardianship and Trusteeship Authorities operating in the administrative district or communities. Besides, the given institute was formed in USSR period and today in honor of the members of the given commission (specialists, police officers, teachers, lawyers of various spheres of self-governing bodies are involved) it implements important and responsible work.

After the invalidation of adoption, a child shall be entrusted to the care of his or her parents by virtue of the court decision, whereas in the absence of the parents, or transference of a child to his or her parents contradict his or her interests, then he or she shall be entrusted to the care of guardianship and trusteeship body.

Adoption is a legal act which stipulates that adopters and adopted people enjoy all the rights and responsibilities envisaged for parents and offsprings. I believe that mankind has not yet found a more preferable way of accommodating children deprived of parental care than adoption.

It is necessary to know that adoption is carried out in the form of juridical special proceedings, in the compulsory presence of adopters, in which the conclusion of the authorized body of the Government of the Republic of Armenia is viewed as an obligatory condition which shall state the grounds of adoption and the conformity of adoption to the interests of an adopted child.