On the problem of necessity to hold confidential information of adoption closed

In this article the author considers a problem of necessity to hold confidential information of adoption closed, analyses different views of scientists, justifies her position, which differs from position, declared in national strategy. This article reviewed problem of necessity to hold article 139 of the Family Code of the Russian Federation "Confidentiality of adoption of a child" and article 155 of the Criminal Code of the Russian Federation "Disclosure of confidentiality of adoption". The author analyses different views of scientists over this problem. The author justifies her position, which differs from position, declared in National strategy of activity in favor of children for 2012-2017 in term of system of unclosed adoption of a child along with rejection of confidentiality of adoption. Refusal to hold confidential information of adoption closed can have negative effect to the interests of adopted children and adoptive persons. Adoptive persons are the most concerned persons, they play defining role in keeping confidentiality of adoption. Their expression of will, directed to this type of adoption, has fundamental importance. Possibility to adopt a child is legal right of a citizen, it is not a duty, assigned by the state. If an adoptive person does not want to conceal the fact, that their child is adopted, he can primarily choose other forms of child' placement (guardianship, patronage, foster home). The author shows the important position of the Constitutional Court of the Russian Federation, which is noted in judgment of the Constitutional Court of the Russian Federation over the case of Gushina G.F. and Grubich T.G. from 16.06.2015. According to this judgment, confidentiality of adoption is guarantee of consistency of adoption, protection of rights and interests of family members, respect of their private and family life, consequently, protection of family welfare institution in its constitutional content. The Constitutional Court of the Russian Federation underlines the importance and firmness of confidentiality of adoption, referring to disbalance of constitutional values. Article 155 of the Criminal Code of the Russian Federation is essentially consequence of violation of confidentiality of adoption (art. 139 of the Family Code of the Russian Federation). Considering that these facts are not separate, the author regards that it is impossible to abolish article 139 of the Family Code of the Russian Federation and criminal liability for disclosure of confidentiality of adoption.

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