How to adopt an adopted child. Cash benefits for parents and benefits for children

Adoption issues are the most painful and responsible, because, taking on all the hardships of raising a child, people do not fully realize that this legal procedure will change their lives forever. In our country there is not such a widespread desire to become foster parents, as, for example, in the USA, and hundreds of thousands of children continue to be in government institutions– orphanages, orphanages, boarding schools.

Dear readers! Our articles talk about standard methods solutions to legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

As for adopting a baby from home, the process has the same sequence and principles as when adopting from a maternity hospital. But The orphanage houses children of all ages, facial features have already formed, the color of the eyes and hair has established and appeared. It is understandable that future parents want to choose the child they like, the desired gender and age.

After approval of the candidates, the PLO will be given special permission to visit the orphanage, where you can preview the database, and then get to know a person who needs a family.

If it suddenly turns out that you cannot select a child according to the image formed in your thoughts, you can contact nearby baby houses located in neighboring cities, villages where you can apply with a conclusion about the possibility of becoming adoptive parents.

Having studied the information about the children, their data in the card index in the database, you should look again and again, get to know each other until your heart skips a beat.

Then the court located at the location child care facility, according to the claim of the adoptive parents, with the participation of representatives of the PLO, having examined all the documents, within the period established by law, it will most likely make a positive decision, after which, with a copy of the court decision, it will be possible to take the chosen lucky one home.

To ensure that the child considers himself a relative and family relationships are not complicated by the fact that the adopted child finds out about his appearance in the family, the Criminal Code of the Russian Federation contains Article 155, according to which the secrecy of adoption must be respected.

The circle of people aware of this scrupulous legal procedure cannot be called narrow: these are employees of the PLO, orphanages, and courts. In order to exclude human factor and the danger of disclosure, The law allows you to change not only the child’s full name, but also the date of birth, and even the place of birth. The difference in time between the actual and fictitious dates of birth should not exceed three months.

Of course, the secret of adoption makes sense when taking a baby from a maternity hospital or baby home, and if they took a child from a shelter who already remembers a lot and realizes that these are not the people who gave birth to him, then there is no point in creating an aura of mystery around the fact of adoption.

Benefits for adopted children

Adopted children are equal to relatives, therefore the laws of the Russian Federation provide for payments for adoptive parents in the same amounts and terms as for parents in ordinary families– sick leave if the child is taken from the maternity hospital, benefits until the child reaches the age of 1.5 years, etc.

Adoptive parents can receive a one-time benefit, if they submit an application within 6 months from the date of the trial (from the actual date of adoption), but not a day later. In 2015, this benefit, paid one-time, amounts to 14,497 rubles.

Every tenth couple in Russia, due to the inability to give birth and raise their children, is faced with the process of adopting a child from an orphanage. In practice, it has been shown that orphans become the closest to adoptive parents in a new family, they are loved the most, and adoptive parents receive a tremendous opportunity to become full-fledged parents.

If you want to adopt a child, you can go to this site https://www.babyblog.ru/community/lenta_cat/adoption/13910. Here is a catalog of photographs of children from an orphanage who are looking for their parents.

And on this website https://changeonelife.ru/ you can not only choose a baby home, but also make a donation for the prosperous life of orphans.

Both residents and non-residents of the Russian Federation can adopt a child from an orphanage. There is one system by which you can adopt a child from an orphanage, as well as laws that control this system.

Typically, young parents try to adopt a child before one year of age. This suggests that during these years the child does not know his real parents, which means there is no need to tell him the truth. For such purposes, an infant under one year old can be adopted and permission to enter a new date of birth into the certificate.

Children who can be adopted

Only minors can adopt children, taking into account their interests and opportunities to provide them with a full life.

You can adopt a child if his blood parent or both parents:

  • abandoned it;
  • died;
  • declared missing;
  • declared unemployed;
  • deprived of parental rights;
  • do not live with the child and refuse to raise him;

Different families cannot adopt brothers and sisters, except in situations where adoption is for the benefit of the children (for example, they do not know about the existence of blood brothers and sisters, did not live together, are in different baby homes).

Only the court can agree to the adoption of a child. On some day, a trial takes place, which announces the final decision on adoption. If the court makes a positive decision, the baby is issued a birth certificate, which will include the surname of his adoptive parents.

If the court decision is not in your favor, it can be appealed by appealing to higher authorities, but usually for adoptive parents the adoption procedure is successful.

Requirements for adoptive parents

The law spells out the requirements for the adoptive parent, but in reverse order, outlining the most important points.

If adoptive parents have these points, they can rightfully be refused:

  • faces who were declared unemployed;
  • spouses, one of whom is declared unemployed;
  • faces who have been deprived of parental rights;
  • faces who cannot be guardians by decision of a court;
  • adoptive parents in the past, whose adoption the court rejected due to their mistake;
  • faces who cannot fulfill parental rights due to health reasons;

Collection of documents

To adopt a child from an orphanage, it is important to collect a package of documents:

  1. You must write an application to the guardianship service.
  2. Duplicate passports of adoptive parents.
  3. Income documents.
  4. Written agreement about adoption, certified by a notary.
  5. Medical report on health status.
  6. Documents confirming the availability of living space.
  7. The employer must write a description of the adoptive parents.

Payments upon adoption

The size of adoption payments must be indexed every year along with annual inflation, because in 2016 such payment officially amounts to 15 thousand rubles.

This amount can increase to 100 thousand rubles if you are adopting children of a special category, which usually include:

  • disabled people who have not reached the age of majority;
  • to kid turned 7 years old;
  • simultaneous adoption 2 or more children;

Trial

The adoption trial is carried out behind closed doors. Only those people who are involved in the trial and related to the adoption can attend. There should be no strangers. If the adoptive parents want to keep the adoption secret, then each participant signs a non-disclosure document.

The court considers the case in the presence of the prosecutor, applicants, and guardianship authorities. By the way, the court can conduct the process without a representative of the orphanage. The trial begins with a personal verification of each participant.

The court makes a decision after the end of the case. He makes a decision in the name of the Russian Federation. The decision is signed by the judge. If you disagree with the decision, you can contact higher authorities.

Governmental support

Law of the Russian Federation Art. 10 “On the State Budget” for the period of 2016, prescribes the amount of indexation of federal benefits to persons who have adopted children, amounting to 15 thousand rubles.

The benefit amount is paid together with the regional indicator. Adoptive parents may be provided with benefits and additional payments.

Every month in the Russian Federation an allowance is paid. To resolve the issue of assigning benefits, contact the guardianship and trusteeship department, which is located at the place of permanent registration. The benefit is paid at the place of registration.

Adoptive parents may qualify for compensation, which is assigned in the following amounts:

  1. For the first child the amount is 20% of the parental salary, which is taken to support the child in a special educational institution.
  2. For a second child the amount is 50% of the parental salary.
  3. For the third child the amount is 70% of the parental salary.

Get a lawyer's answer in 5 minutes

How to adopt a child from a maternity hospital? More and more orphaned or abandoned children in our country are finding a new family. Children are taken into care, into foster families, and adopted. The greatest demand, especially among childless families, is for babies who have just been born. Parents wait for years to adopt a newborn, as the waiting list is huge and does not come quickly. But not everyone knows how to adopt a child from a maternity hospital, what are the requirements for documents and adoptive parents.

How to adopt a child from a maternity hospital

Quite often, unfortunately, young mothers in maternity hospitals abandon their newborn children. The reasons for refusals may be different:

  • early pregnancy, when the parents of a minor mother persuade her to leave the baby in the maternity hospital;
  • studying at a university when a mother prefers a career to the fate of her baby;
  • birth trauma or other pathology, as a result of which the child is born sick;
  • lack of funds or lack of housing;
  • alcoholism, drug addiction.

It is these children, the refuseniks, that new parents are waiting for. But before you become one, you need to obtain permission from the guardianship authorities to adopt a newborn baby from the maternity hospital.

If you are firmly convinced that you need a child from the maternity hospital whom you will make happy, then look for a guardianship authority or department in your city or region.

The statement you write there will be your first real step towards your child. In the application you will need to indicate your details, as well as describe what kind of child you want to take into your family: age, eye and hair color, etc.

There are requirements for adoptive parents that you must fully comply with, these are:

  • health. The guardianship authorities will receive a form on which you must undergo a medical examination. You should not have infectious diseases, cancer, tuberculosis, or chronic diseases.
  • income. The income for each member of your family must be higher than the cost of living established in your region.
  • living conditions. You will need to provide documents for the apartment or house where you are going to bring your baby. The guardianship authorities, after you collect all the papers and bring them to them, will come to you to inspect your home to make sure that the child will live in good conditions.
  • if the adoption is registered in the name of a wife, then the written consent of the husband is required, and vice versa.
  • you need to get a police certificate stating that you have no criminal record.
  • Preparation. You need to take courses for future adoptive parents. An exception can be made only for those who have already adopted children and have undergone mandatory training. You will be given a certificate of completion of the course.

All these documents for adoption will go to the table of the commission, which will decide your fate: whether you will be the parents of an adopted baby or not. You will be notified of the refusal within 5 days, but if after 5 days no news has been received, it means that your documents have been approved by the commission, and after 2 weeks you will be invited for permission.

And only after receiving the commission’s conclusion about your suitability to be adoptive parents, you will be in line for your baby. This is one of the disadvantages of infant adoption. There is no waiting list for children after one year of age.

The procedure for adopting a child from a maternity hospital

Let's start with the fact that it is almost impossible to receive a child directly from the maternity hospital. He is in the maternity hospital for several days, then he is transferred to a children's hospital. There he is thoroughly examined, and he spends some time in the department. Then he is transferred to the orphanage. At this time, the mother who abandoned the baby can still come to her senses and take the child, even if adoption documents have begun to be drawn up for him. And this is the second minus. In practice, this happens, although rarely.

And third: it takes time to prepare adoption documents for the court, then you need to wait for the court hearing, and wait 10 days before the decision comes into force. Adoption in our country is carried out only by court decision, and nothing else. Therefore, adoption from a maternity hospital is rather a myth. You can receive your baby when he is already 2-3 months old. Although anything can happen in life.

But let's return to the stages of adoption. Your turn, in the end, has come, you have collected all the documents again (!), again received permission from the guardianship authorities and met your future son or daughter, you liked the child, and what next?

Take care of checking your baby's health. Look at his medical record. Do everything with your child possible tests, Ultrasound and more. They should do this for you for free. The child may have diseases that have not yet made themselves felt, but the results of the examination will show them. And if you do not want to connect your life with a sick child, or you do not have the means to treat him, then it is better to refuse immediately. Your permit will be valid for 3 months, during which time you will be able to find healthy child. If you are satisfied with everything, inform the guardianship authorities about your choice and, together with them, go to submit documents to the court.

This time, the application you write must contain a request for adoption and the details of the baby that you want to assign to him. You can:

  • give him your last name and patronymic;
  • change name;
  • change the date and place of birth.

The latter is more important if you faked pregnancy in order to keep the adoption secret (Article 139 of the Family Code). The date can be changed by up to three months either way and is permitted upon adoption.

To maintain secrecy, the trial is held behind closed doors; in addition to the adoptive parents, the guardianship authorities and the prosecutor are present.

After the court establishes the adoption, you will receive an extract (after 10 days), and with it and your passports you will go to the registry office, where you will be issued a birth certificate for your child.

With the help of the guardianship authorities, you can agree that the child and mother are discharged from the maternity hospital on the appointed day, film all this on video for history and go home to raise your baby.

You can learn about how to adopt a child from a maternity hospital, a baby home or an orphanage, and the requirements for adoptive parents in the Family Code of the Russian Federation, articles 122-144.

A foster family is one of the forms of arrangement for raising children left without parental care. Citizens who want to foster someone left without parental care are called foster parents...

I. General provisions

1. A foster family is one of the forms of placement in the upbringing of children left without parental care. Citizens (spouses or individual citizens) who wish to foster a child (children) left without parental care are called adoptive parents; a child (children) transferred to a foster family for upbringing is called a foster child, and such a family is called a foster family.

Adoptive parents in relation to the adopted child (children) have the rights and responsibilities of a guardian (trustee).

2. The total number of children in a foster family, including relatives and adopted children, should not exceed, as a rule, 8 people.

3. A foster family is formed on the basis of an agreement on the transfer of a child (children) to be raised in a family.

An agreement on the transfer of a child (children) is concluded between the guardianship and trusteeship authority and the adoptive parents in the form according to Appendix No. 1.

The guardianship and trusteeship authority issues a certificate of the established form to the adoptive parents in the form according to Appendix No. 2.

4. The guardianship and trusteeship body promotes the creation of foster families, provides foster parents with the necessary assistance and monitors the living conditions and upbringing of the child (children).

5. The placement of children in a foster family does not entail the emergence of alimony and inheritance legal relations arising from legislation between foster parents and adopted children. Russian Federation.

II. Procedure for organizing a foster family

6. Adoptive parents (parents) can be adults of both sexes, with the exception of:

  • persons recognized by the court as incompetent or partially capable;
  • persons deprived of parental rights by court or limited by court in parental rights;
  • removed from the duties of a guardian (trustee) for improper fulfillment of the duties assigned to him by law;
  • former adoptive parents, if the adoption was canceled by the court due to their fault;
  • persons with diseases that make it impossible to take a child (children) into a foster family.

7. Persons wishing to take a child (children) into a foster family submit an application to the guardianship and trusteeship authority at their place of residence with a request to give an opinion on the possibility of becoming foster parents.

The application must be accompanied by:

  • certificate from the place of employment indicating the position and size wages or a copy of the income statement, certified in the prescribed manner;
  • a document confirming the availability of housing for a person (persons) wishing to take a child (children) into foster care (a copy of a financial personal account from the place of residence and an extract from the house (apartment) register for tenants of residential premises in the state and municipal housing stock or a document , confirming ownership of residential premises);
  • a copy of the marriage certificate (if married);
  • a medical certificate from a medical institution about the health status of the person(s) who wishes to take the child into foster care. The procedure for examining the health status of persons wishing to take a child into foster care is determined by the Ministry of Health and Medical Industry of the Russian Federation.

A person applying to obtain a conclusion on the possibility of being a foster parent must present a passport, and in cases provided for by the legislation of the Russian Federation, another document replacing it.

8. To prepare a conclusion on the possibility of becoming adoptive parents, the guardianship and trusteeship authority draws up an act based on the results of an examination of the living conditions of persons (persons) wishing to take a child (children) into foster care.

9. Based on an application and an inspection report on the living conditions of persons (persons) wishing to take a child (children) into foster care, the guardianship and trusteeship authority within 20 days from the date of filing the application with all necessary documents prepares a conclusion on the possibility of becoming adoptive parents. In this case, their personal qualities, state of health, ability to fulfill the responsibilities of raising children, and relationships with other family members living with them must be taken into account.

If a person (persons) expresses a desire to foster a child with poor health, a sick child, a child with developmental disabilities, or a disabled child, the conclusion must indicate that the adoptive parents have the necessary conditions for this.

The conclusion about the possibility of being foster parents is the basis for selecting a child for the purpose of transferring him to a foster family.

10. The guardianship and trusteeship authority brings the negative conclusion and the refusal based on it to conclude an agreement to transfer the child to a foster family to the attention of the applicant within 5 days from the date of the decision. At the same time, all documents are returned to the applicant and the procedure for appealing the decision is explained.

11. For the selection and training of persons (persons) wishing to take a child (children) into foster care, as well as to monitor the fulfillment of the duties assigned to them, the guardianship and trusteeship authority, executive authorities of the constituent entities of the Russian Federation may create departments for the placement of children for foster care.

12. The guardianship and trusteeship authority provides foster parents with information about the child (children) who can be placed in a foster family and issues a referral to visit the child at his place of residence (location).

When selecting a child (children) from educational institutions and medical and preventive institutions, institutions social protection population or other similar institutions, regardless of their departmental affiliation and organizational and legal form, the administration of these institutions is obliged to familiarize the person(s) wishing to adopt a child(ren) with the child’s personal file and a medical report on his state of health.

The administration of the institution is responsible in accordance with the procedure established by law for the accuracy of the information provided about the child.

13. For a child transferred to a foster family, the administration of the institution (or the person who has the child) submits the following documents to the guardianship and trusteeship authority:

  • child's birth certificate;
  • documents confirming legal basis to transfer a child to a foster family (death certificate of the parent (parents), a copy of the court decision on deprivation of the parent (parents) of parental rights, declaring the parents incompetent, missing or deceased, an act confirming that the child was abandoned, and others) ;
  • conclusion about the state of health, physical and mental development child, issued by an expert medical commission in the prescribed manner.

14. The basis for concluding an agreement on the transfer of a child (children) for upbringing to a foster family is an application from the person(s) wishing to take the child (children) for upbringing, with a request to transfer to them for upbringing specific child, which is submitted to the guardianship and trusteeship authority at the place of residence (location) of the child.

The application is accompanied by a conclusion on the possibility of becoming adoptive parents (valid for one year) and the documents specified in paragraphs 7 and 13 of these Regulations.

An agreement on the transfer of a child (children) to a foster family is concluded between the guardianship and trusteeship authority at the place of residence (location) of the child and the adoptive parents.

15. An agreement on the transfer of a child (children) for upbringing to a foster family must provide for the period for which he is placed in a foster family, the conditions of maintenance, upbringing and education of the child (children), the rights and responsibilities of foster parents, responsibilities in relation to the foster family of the body guardianship and trusteeship, as well as the grounds and consequences of termination of such an agreement.

16. Adoptive parents are obliged to raise the child (children), take care of his health, moral and physical development, create the necessary conditions for them to receive an education, to prepare them for independent life. Adoptive parents bear responsibility to society for their adopted child(ren).

17. Adoptive parents (parents) are the legal representatives of the adopted child (children), protect his rights and interests, including in court, without special authority.

The rights of adoptive parents cannot be exercised in conflict with the interests of the child (children).

18. Adoptive parents have the right to place children in preschool educational institutions on a general basis.

19. The agreement on the transfer of a child (children) to be raised in a family may be terminated early at the initiative of the adoptive parents if there is good reasons(illness, changes in family or property status, lack of mutual understanding with the child (children), conflict relationships between children and others), as well as on the initiative of the guardianship and trusteeship authority in the event of unfavorable conditions in the foster family for the maintenance, upbringing and education of the child (children) ), in the case of the return of the child (children) to the parents, in the case of the child (children).

All property and financial issues arising as a result of early termination of the contract are resolved by agreement of the parties, and if a dispute arises, by the court in the manner prescribed by law.

III. Transferring a child (children) to a foster family

20. A child (children) left without parental care is transferred to a foster family for upbringing:

  • orphans;
  • children whose parents are unknown;
  • children whose parents have been deprived of parental rights, have limited parental rights, have been declared legally incompetent, are missing, or have been convicted;
  • children whose parents, for health reasons, cannot personally raise and support them, as well as children left without parental care who are in educational, medical and preventive institutions, social welfare institutions or other similar institutions.

21. At the request of persons (persons) who have the necessary conditions, it is possible to transfer to them a child (children) with poor health, a sick child (children), a child (children) with developmental disabilities, a child (children) to be raised in a foster family. - disabled person.

22. When transferring a child (children) to a foster family, the guardianship and trusteeship authority is guided by the interests of the child.

23. The transfer of a child (children) to a foster family is carried out taking into account his opinion and with the consent of the administration of educational and treatment institutions, social welfare institutions and other similar institutions in which the child is located.

The transfer of a child (children) who has reached the age of 10 years to a foster family is carried out only with his consent.

24. Children who are related to each other, as a rule, are placed in one foster family, except for cases where, for medical reasons or other reasons, they cannot be raised together.

25. For each child transferred to a foster family, the guardianship and trusteeship authority or the administration of educational and treatment institutions, social welfare institutions and other similar institutions provide the following documents to the foster parents:

  • birth certificate;
  • an extract from the child’s developmental history (history of the newborn) about the state of health;
  • a certificate about the state of health of the mother and the progress of labor (in case of transfer of the child from the maternity hospital, maternity ward of a medical institution);
  • document on education (for school-age children);
  • documents about parents (copy of death certificate, verdict or court decision, certificate of illness, search for parents and other documents confirming the absence of parents or their inability to raise their children);
  • certificate of the presence and location of brothers and sisters;
  • an inventory of the property belonging to the child and information about the persons responsible for its safety;
  • documents confirming the assignment of previously occupied living space to a minor;
  • a copy of the court decision to collect alimony, documents confirming the right to a pension, a pension book for a child receiving a pension, a document confirming the existence of an account opened in the child’s name at a banking institution.

These documents are transferred directly to the adoptive parents no later than two weeks after the conclusion of the agreement on the transfer of the child (children) to be raised in a foster family.

26. A child (children) placed in a foster family retains the right to the pension due to him (in case of loss of a breadwinner, disability) and other social payments and compensations, which are transferred in accordance with the legislation of the Russian Federation to accounts opened in the name of the child ( children) in a banking institution.

The child (children) also retains the right of ownership of residential premises or the right to use residential premises; in the absence of residential premises, he has the right to be provided with residential premises in accordance with housing legislation.

27. Guardianship and trusteeship authorities at the location of the property (including living quarters) of the child (children) ensure control over its use and safety.

28. The child(ren) in a foster family has the right to support personal contacts with blood parents, relatives, if this does not contradict the interests of the child (children), his normal development, and upbringing. Contact between parents and child(ren) is permitted with the consent of the adoptive parents. In controversial cases, the order of communication between the child (children), his parents, relatives and adoptive parents is determined by the guardianship and trusteeship authorities.

IV. Financial support for a foster family

29. For the maintenance of each adopted child (children), the foster family is paid monthly cash for food, purchase of clothing, shoes and soft equipment, household items, personal hygiene, games, toys, books and benefits established by the legislation of the Russian Federation for pupils educational institutions for orphans and children left without parental care.

For a child (children) placed in foster care for one year or more, funds are allocated for the purchase of furniture.

30. Local government bodies, based on established standards of material support, allocate funds for an adopted child (children) at actual prices in a given region.

Local governments, based on the decisions they make, allocate funds to foster families for heating, lighting, Maintenance housing, purchasing furniture and paying for household services.

The funds allocated for the maintenance of the adopted child (children) are transferred monthly, no later than the 20th day of the previous month, to banking institutions to the bank accounts of the adoptive parents (parent).

The amount of funds required to support the adopted child (children) is recalculated quarterly, taking into account changes in prices for goods and services.

31. When transferring a child (children) for upbringing to a foster family for a period until he reaches the age of majority, the adoptive parents are paid money until the child (children) reaches the age of 18 years.

32. The amount of remuneration for foster parents and the benefits provided to a foster family depending on the number of children taken into care are established by the laws of the constituent entities of the Russian Federation.

33. Adoptive parents keep records of expenses in writing regarding the receipt and expenditure of funds allocated for the maintenance of the child (children). Information on the funds spent is submitted annually to the guardianship and trusteeship authority.

Funds saved during the year are not subject to withdrawal.

34. To purchase food, the foster family is assigned by the local government directly to bases and stores supplying educational institutions.

35. The foster family has a priority right to receive vouchers for children, including free ones, to sanatoriums, health camps, as well as rest homes, sanatoriums for joint recreation and treatment of foster parents with children.

36. Issues of material and housing support not covered by these Regulations are considered and resolved by local government bodies.

Discussion

We are from Novosibirsk.

Yes, we have a large family, but we have one child from orphanage there was, and the agreement was like a foster family since we have three children.

Good afternoon. I have the following question: since 2004, we have concluded an agreement with our administration (guardianship department) on foster care; we have two children and one adopted child and this child turned 18 years old on December 1, 2015, but he is currently studying at educational institution“Do our children have the right to free travel on public transport since they all study in different educational institutions?

Hello!!! My “foster family” family took in a boy. The boy is 5 years old, his name is Bogdan, a nice child. He has been living with us for seven months, in fact, according to the documents, 4 months, because... It took 3 months for registration. So, during these four months, only four thousand were transferred per child. I contacted the guardianship authorities, but there was no response. Tell me where I should go best to resolve this problem.

My husband and I organized a foster family. labor is officially disabled. an agreement with the city administration, but I was denied payment of child benefits for the care of children under 1.5 years old due to this very contract. it is legal?

09/30/2008 00:16:39, mother

I would like to ask a question: when creating a foster family, am I entitled to paid leave to care for a child up to 1.5 years old? I called the local social security (Asha Chelyabinsk region). I was told that if a foster family, then social security does not reimburse the employer. The same thing is written on the social insurance website for 2007. How to be. For me (I live alone) a foster family - best option at least for two years, and then, when I go back to work, I can adopt.
Thanks in advance for your answer. On Friday I need to decide what I choose.

08/20/2008 21:00:39, Svetlana

If you are in Russia, then they told you nonsense...

Can I be denied custody based on the fact that the child is small (3 years old)? In the DR where he is located, I was told that their children are subject to adoption only, and guardianship is only for close relatives.

Comment on the article "Regulations on foster families"

Adoptive family. Tell me if I have to work in order to take a child into a foster family, according to the contract... I have an adoption conclusion in my hands.

Discussion

There are two of you? 40 thousand for the eyes is enough. Whether you work or not doesn't matter. It is important that the amount of money is greater than the cost of living multiplied by the number of family members.

Registration is not enough - payments are made at the place of residence or after adoption in Moscow time.

Monthly payment for the maintenance of children in foster care.
15,000 rub. for a child under 12 years of age;
20,000 rub. for a child aged 12 to 18 years.
25,000 rub. for every disabled child under 18 years of age.
If there are three or more children in the family:
18,000 rub. for each child under 12 years of age;
23,000 rub. for each child from 12 to 18 years old.

Payment of monthly remuneration to adoptive parents. If there are three or more adopted children in a foster family, remuneration is paid to both foster parents
RUB 15,155.00 for each child taken into care;
25,763.50 rub. for the education of every disabled child.

Discussion

It seems to me that if you are in the mood for two, then take two at once, and brothers and sisters, it will be more difficult for them to get settled, and it may be easier to adapt. And double adaptation... well, it will be more difficult if only one child starts to settle down, and you follow the second one and get a kickback. I’ll say right away that my opinion on this matter is purely theoretical. I didn’t take two children at the same time.
By age: due to my character, I would consider the option “from 5 years old” - this is already its own planet. There will be less competition than two-year-olds with their third-year crisis. And the requirements for mom are different. In some ways it’s harder, but in some ways it’s easier. I took an eight year old for 2 and 4. It turned out well.

And I would recommend either peers or younger. Gender generally doesn't matter. Everything depends on you. The boys are mostly crazy. They take a lot of effort and energy. If you have a dad, then everything becomes much simpler. If there is more than one, I would recommend siblings, or in turns. At least in half a year. It will be easier for you, because yours is still small. Based on own experience After half a year, children become calm and domesticated. +/- month. If you want, look at our albums) (0000,1234, 020213 - passwords.)

I do not agree. A foster family is formed under a contract for the transfer of a child to a family. The agreement is drawn up in Moscow. When moving to Krasnoyarsk, a supplementary registration certificate will be issued.

Discussion

Buy an apartment before marriage or enter into a prenuptial agreement that will specify ownership of the property

You're moving in with your fiance for now, aren't you? This means you need to have a lease agreement.
Here you inform the OOP about the imminent move (I would do this no earlier than a week in advance), take the child’s file, terminate the PS agreement, register as quickly as possible in the area in which you will live, and that’s it. And about moving from rented housing to purchased housing - also, according to a simplified scheme))

11/27/2012 11:03:31, Anch

Foster care and mortgages. Good day, confectioners! Our situation is as follows: we have had a substation for 2 years, now we are expanding - we are selling our two-room apartment, buying a three-room apartment.

Discussion

Thank you all very much for your answers! I'll take a lot of things into consideration. But while you were answering me, I talked with my real estate office and also went to Sberbank. In short, I will focus on the consumer one, yes, the percentage is higher, but the hassle, payments and paperwork are several times less. And in this case, everyone is very happy with my 2NDFL from Social Security! Well, I'll overpay
and okay... But quickly, because the deal is coming soon. Thank you, konfyanki! And good luck to everyone)))

It's great you have it! And here, in the Rostov region, the salary of the PR is paid by the guardianship. Or rather, the accountant from the education department, who is in charge of the guardianship money, calculates it.

Foster family and payments. Tell me, in a foster family, in addition to paying the parent’s salary, money is also paid to support the child? In Moscow it is 15 thousand...

Discussion

Salary and child support are paid. It’s unlikely that you won’t be able to not work, since this money won’t be enough for you.

No more than eight children are sent to a foster family, well, that’s all. PS was, as it were, conceived for difficult cases, but now it can take one child into it.

The child's last name does not change, since you are not legally his parent. When the child reaches the age of 14, if he wants, he can take your last name when receiving a passport. And unlike adoption where it’s kind of a secret and all that, adoptive parent has no right to prevent a child from communicating with biological relatives if this does not harm him, and much more. As well as inspections and reports. Dirty in short.

Volunteers do everything they can))) But not every child can be placed in a family. Some children are in kindergarten temporarily at the request of their parents, and there are other things there. And so this is an option that has the right to life. This is how I met my son.

If you can justify to the guardianship that all conditions will be created for the children to sleep, study and relax, then they will not refuse you.

But here the question is a little different. You are planning 2 children without having the slightest idea about these children. For an unprepared person, two grown-up children is cool))) There is every chance that you will not cope and will return the children back. It’s not as easy as it seems, but then everything is perceived with a smile and it seems that the whole adaptation is bullshit, and when the process itself is in full swing, then there’s a kind of displeasure. Take one child, then the second (if the desire has not disappeared by then). There is no need to drive horses and act like heroes. You can't help all children, but if you take one child out of the system, that's already a big deal. The child needs loving mother, and not overwhelmed by everything that is possible and impossible)))

But this form of relationship under 18 years of age is contractual. Risk - there is a possibility that the child will be returned to the birth family or put up for adoption. BUT with the consent of the adoptive parent or guardian. The agreement may be terminated at the initiative of one of the parties. For example, the administration will not have the funds to pay wages and may either offer to re-register the relationship or terminate the contract and take the child. So far.

If the child’s mother is alive and could theoretically show up, then I would only lean toward adoption. Because here the child is MY, period.
Foster family and patronage are in this sense the most powerless forms. If I understand correctly, a child can be taken away (biologically or for adoption), simply by notifying you “please deliver him on such and such a date to such and such a place.”
With guardianship, it’s still better... but if the biological person is restored to his rights and wants to take the child away, the litigation will not be weak, it will ruin his nerves.

28.07.2006 11:58:51, -=-

Guardianship or foster family? Legal and legal aspects. Adoption. Discussion of adoption issues, forms of placing children in families, raising adopted children...

Discussion

I'll try to tell you. There are a lot of thoughts, there are pros and cons to this project. The advantages are mainly of a material nature. The adopted child is assigned a pension, a small one, it is transferred to his account and upon reaching adulthood he receives it. The adoptive parents are paid something like a salary or, rather, it is simply money to support the child. A little less than 60 dollars. (the salary of a nurse in Lviv is the same). What else. At the age of 14, a child is put on a waiting list for housing. Benefits when entering a university. Once a year, the child’s health is provided for by the state. check. If a child is sick and requires expensive treatment (surgery), then it is easier to obtain funds for treatment (but this is in words). Once every 2 years, a foster family with all their children, regardless of origin, are invited to the School of Adoptive Families for 2 weeks. As a rule, it is in the south, by the sea. For half a day the parents study, the teachers work with the children, then all the families get to know each other, communicate and relax together (I liked this the most :))
But all this splendor (for me, at least) is crossed out by a thick line - the child is not mine, and if the project is canceled or the lady in the administration changes her mind, then...
:) Do you know what thought came to my mind? :) What's better? :) Young, energetic, rich, cheerful lover, the life of the party and a smart guy, ready to have fun and dance the night away and give a million Red roses. Or a husband, in a cozy thick warm home shirt, clinging to whose shoulder you watch a movie on VCR, who brings tea with lemon and quietly kisses your temple. He can be gloomy and taciturn, and sometimes in the morning he quietly gets up and entertains the baby so that you can sleep an extra hour. Well, who is better? :) Who cares, really? :) That's the way it is here. Someone wants to give family, love and normal life an orphan, and someone just wants a child, their own. My husband is categorically against it, only adoption, I’m trying to reason. I like everything until I get to the last point - and that’s it.

Girls, I went, I’ll write about everything tomorrow, okay? In a word - the project is, of course, very good, but not my way.

Introduction: guardianship or foster care

With varieties of forms of family structure in Russian legislation everything is much simpler than it seems. But it seems to us that everything is complicated, mainly because the media confuses us. All children indiscriminately who have found parents are called “adopted” by incompetent journalists, and all families who take in such children are called “adopted.” Whereas in reality, adoptive parents do not adopt children, but take them under guardianship. But reporters have no time to understand such subtleties - so they form one stereotype after another.

By and large, there are only two types of family arrangements in Russia – adoption and guardianship. Legal relations between adults and a child during adoption are regulated mainly by the Family Code of the Russian Federation, and in case of guardianship (as well as guardianship and foster care) - by the Civil Code. Guardianship differs from guardianship by the age of the child (over 14 years old), and foster family is a paid form of guardianship when the guardian receives compensation for his work. In other words: the basis for creating a foster family is always the registration of guardianship or trusteeship of a child. Therefore, for ease of perception, further phrases “foster family” and “foster parent”, as well as “guardianship” and “trustee” will be used only where it is impossible to do without them. In all other cases – “guardianship” and “guardian”.

Despite the fact that adoption is considered the priority form of family arrangement in the Russian Federation, today more and more citizens who want to accept a child with a difficult fate into their family are choosing guardianship and its derivatives. Why? Based on the interests of the child. After all in case of registration of guardianship, the child retains his orphan status, and, consequently, all benefits, payments and other benefits due from the state.

When choosing between adoption and guardianship, many parents prioritize the financial side of the issue. In many regions, adoptive parents receive substantial one-time payments. For example, residents of the Kaliningrad region can receive 615 thousand rubles for the purchase of residential premises on the right of ownership adopted child. And in the Pskov region they give out 500 thousand rubles without any restrictions on their use. And not only for Pskovites, but for adoptive parents from any region.

In addition, since 2013, when adopting sisters and brothers, or disabled children or teenagers over 10 years old, the state pays parents a lump sum of 100 thousand rubles. And if the adopted child is the second in the family, then the parents can also claim maternal capital. All these payments are a good help for improving the family’s living conditions. But, as mentioned earlier, in the event of adoption, an orphan becomes an ordinary Russian child, losing all “orphan capital”, including their own housing.

On the other hand, for a child, especially an older child, it is extremely important to realize that he is not a “guardian,” but an adopted child—that is, one who has become family not only in the hearts of loved ones, but also documented. However, quite often it is simply impossible to choose adoption if there are restrictions on the forms of family arrangement. So, if the child’s biological parents are not deprived of parental rights, but only limited in them, then only two forms of placement will be possible for the child: guardianship (trusteeship) or a foster family.

When choosing between paid and gratuitous forms of guardianship, many wealthy families choose the second option - they say, why should we receive compensation for raising a child, we will raise him for free. Meanwhile, this small (3-5 thousand rubles per month, depending on the region) money can be used to create the child’s own savings - after all, no one bothers you to open a replenishable deposit in the name of your ward, and create a decent amount for his coming of age: for a wedding , study, first car, etc.

Guardianship or foster family? The choice always remains with those adults who make the responsible decision to accept a child with a difficult fate into their family. The main thing is that this choice is made in the name of the child and in defense of his interests.

Who can become a guardian and what is SPR

The question in the title of this section could be answered briefly: “any adult capable citizen of the Russian Federation.” If not for some "excepts".

So, before collecting documents for guardianship, make sure that you do not:

1) were deprived of parental rights.

2) had limited parental rights.

3) were suspended from performing the duties of a guardian (trustee).

4) were an adoptive parent, and the adoption was canceled due to your fault.

5) have an unexpunged or outstanding conviction for serious or especially serious crimes.

6)* have or have had a criminal record, or are or have been subject to criminal prosecution for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal placement in a psychiatric hospital, slander and insult), sexual integrity and sexual freedom of the individual, as well as for crimes against family and minors, public health and public morality and public safety (* - this point can be ignored if the criminal prosecution was terminated on rehabilitative grounds).

7) are married to a person of the same sex, registered in any state where such marriage is permitted, or are not married to a person of the opposite sex, being a citizen of the specified state.

8) suffer from chronic alcoholism or drug addiction

9) are unable to exercise parental rights due to health reasons**.

10) live together with persons suffering from diseases that pose a danger to others***.

** - lists of these diseases can be found in Appendix 2
*** - lists of these diseases can be found in Appendix 2

Another important point without the particle “not”: a citizen applying for the high title of guardian must undergo psychological, pedagogical and legal training - have a certificate from the School of Foster Parents (FPS).

What does training at SPR give you in addition to the coveted certificate? Schools of host parents set themselves many tasks, the first of which is to help candidates for guardians in determining their readiness to accept a child, in understanding the real problems and difficulties that they will encounter in the process of raising him. In addition, the SPR identifies and develops in citizens educational and parenting skills necessary, including for protecting the rights and health of the child, creating a safe environment for him, successful socialization, education and development of the child.

However, you will not be required to undergo training at the SPR if you (in accordance with Article 146 of the Family Code of the Russian Federation):

You are or were an adoptive parent, and the adoption in respect of you has not been cancelled.

You are or have been a guardian (trustee) and have not been removed from the duties assigned to you

A close relative of the child****.

**** - read about the benefits of close relatives in Appendix 3

Training at the School of Adoptive Parents – free. The guardianship and trusteeship authorities of your region should take care of this, and they will also issue a referral to the SPR. During the process of completing the program, which, by the way, must be approved by the Ministry of Education and Science, you may be asked to undergo a psychological examination - please note - with your consent. The results of this examination are advisory in nature and are taken into account when appointing a guardian along with:

Moral and other personal qualities of the guardian;

The ability of the guardian to perform his duties;

The relationship between the guardian and the child;

The attitude of the guardian's family members towards the child;

The attitude of the child himself to the prospect of being raised in the family offered to him (if this is possible due to his age and intelligence).

The child’s desire to see a certain person as his guardian.

Degree of relationship (aunt/nephews, grandmother/grandson, brother/sister, etc.), property (daughter-in-law/mother-in-law), former property (former stepmother/former stepson), etc.

Collecting documents

Are you sure that none of the exceptions or circumstances outlined in the previous chapter prevent you from becoming a guardian? Then all that remains is to prove this to the guardianship and trusteeship authorities by providing them with information about yourself.

If you want to register guardianship quickly (and most host parents want this), then it is better not to wait until guardianship and trusteeship specialists request information from the Ministry of Internal Affairs, the Ministry of Justice, medical and other organizations. Start taking action yourself: you can collect documents in parallel with your studies at the SPR. The necessary forms can be obtained from guardianship and trusteeship specialists, or you can print them yourself.

There are not so many documents separating you from the conclusion of the guardianship and trusteeship authority on the possibility of being a guardian. Another question is that some of the “papers” are given in dozens of hours of queues in different institutions. Therefore, to save time and nerves, it is extremely important to understand which documents need to be dealt with first.

So, when collecting documents, it is advisable to adhere to the following order:

1. Medical report. This item requires the largest number explanations. First, a medical examination of potential guardians is carried out for free. If any of the health care institutions in your city do not agree with this, you can safely refer to the order of the Ministry of Health of the Russian Federation No. 332 of September 10, 1996. Secondly, the same order introduced form No. 164/u-96, on which you have to collect two dozen seals and stamps. In total, it contains the opinions of eight medical specialists - narcologist, psychiatrist, dermatovenerologist, oncologist, neurologist, infectious disease specialist, therapist - plus the signature of the head physician of the clinic at the place of your registration. As a rule, all doctors are cooperative and give their “not detected” as quickly as possible. At the same time, as in any bureaucracy, incidents are possible. So, in some cities, you will not be allowed to see a narcologist or psychiatrist until you have undergone fluorography. And without the stamps of these specialists, an infectious disease specialist will refuse to talk to you, whose test results have to wait up to two weeks. It is advisable to ask about all this from those who have already undergone such a medical examination in your region. And plan a “chain” that is optimal in time and logic.

2. Help from the Information Center of the Ministry of Internal Affairs(no criminal record, etc.). The police have the right to prepare this document within a month, but, as a rule, they also work more quickly when the request is made by the future guardian - especially if you have been registered in one subject of the Russian Federation all your life.

3. Certificate of income for 12 months. A lot here depends on the accountant at your place of work, and financiers, as you know, are capricious and focused people. They may also delay the issuance of the 2-NDFL extract if the quarterly report does not allow one to be distracted by such trifles. Therefore, it is better to request the document in advance. If you have no income (only one spouse works), then the personal income tax of your husband/wife will do. Or any other document confirming income (for example, a bank statement of account movements).

4.Document from public utilities - HOA/DEZ/UK - at the place of registration. A copy of a financial personal account or other document confirming the right to use residential premises or ownership of it.

5. Written consent of all adult family members to accept a child into the family(taking into account the opinions of children living with you who have reached the age of 10). It is written in free form.

6. Autobiography. A regular resume will do: born, studied, career, awards and titles.

7. Copy of marriage certificate(if you are married).

8. Copy of pension certificate(SNILS).

9. Certificate of completion of training and (SPR).

10. Application for appointment as guardian.

In some regions of Russia, the entire package of documents can be sent via the Internet using the “Unified Government Services Portal”. But it’s better, of course, to take the documents in person, taking your passport with you. And get to know those specialists from the guardianship and trusteeship authority who will subsequently congratulate you on the addition to your family.

Please note: absolutely all documents, their copies and other information necessary to establish guardianship are provided for free. "Shelf life" of the most important documents(points 2-4) – one year. The medical report is valid for six months.

We communicate with guardianship and trusteeship authorities

So, your package of documents is with the guardianship and trusteeship authorities. But even if all the documents are perfect, in order to register you, the last document is missing, which the specialists will prepare themselves after visiting your home. This visit must occur within 7 days after the submission of the main package of documents. It's about on the act of examining the living conditions of a citizen who has expressed a desire to become a guardian.

In this act, the guardianship and trusteeship authority evaluates “the living conditions, personal qualities and motives of the applicant, his ability to raise a child, the relationships between family members.” In practice, it looks like this: specialists come to visit you, and, while inspecting the property, ask additional questions and fill out their form, where they make the necessary notes. There is no point in currying favor with specialists or, conversely, putting on a pose, irritated by the interference of strangers in your private life. Just tell it like it is. If there are obvious shortcomings (for example, lack of space for activities, toys), share plans on how you are going to fix it. The truth is always the best choice.

It happens that specialists from guardianship authorities are not satisfied with the square footage of living space per child. Sometimes the “crowding” is imaginary: when the number of people registered in an apartment exceeds the number of citizens actually living. This is easy to prove by providing additional documents confirming the residence of the “absent” at other addresses. If there really aren’t enough meters (each region and municipality has its own minimum living space standards and tend to increase), but the conditions for the child are comfortable, then the guardianship and trusteeship authority is obliged to proceed from the interests of the child. It would be useful to recall the December presidential decree “On some measures to implement public policy in the field of protection of orphans and children left without parental care.” It talks about reducing the requirements for the standard living area when placing children in a family. If this does not help, the approved inspection report can be challenged in court.

The inspection report is drawn up within 3 days, after which it is approved by management and sent to you within another 3 days. And only after this, the guardianship and trusteeship authority combines the entire package of documents and issues a conclusion on the citizen’s ability to be a guardian. This may take up to 10 more days. If the decision is positive, this conclusion will become the basis for registration - an entry will be made in the journal within another 3 days.

The conclusion on the possibility of being a guardian is a document valid for two whole years throughout Russia. With it, you can contact any guardianship and trusteeship authority or any regional operator of the Federal Database with a request to select a child. Based on the same conclusion, the guardianship and trusteeship authority at the child’s place of residence will draw up an act appointing you as a guardian.

We are looking for a child and obtaining guardianship

We have repeatedly talked about how to find “your” baby (or not a baby at all). If you intend to adopt a child in your region, you can search officially, through the regional operator of the Federal Database (FBD). But if you are ready to travel for your child even across the whole country and look for him everywhere at the same time, this option will not work, because you will not be able to submit an application to the second operator until the first one fulfills your request. In addition, the search using regional operators is designed in such a way that you need to select a number of parameters - the child’s age, eye and hair color, presence of brothers and sisters, etc.

In practice, many happy and successful adoptive parents ended up taking children into their families that were not the ones they had planned to find. Everything was decided by the visual image of the child - once having seen a video or photo, the parents could no longer think about anyone else, and completely forgot about the preferences that they had imagined for themselves. Thus, children with “unpopular” eye and hair colors, with bouquets of diseases, along with their brothers and sisters, went into families. After all, the heart does not understand the parameters of FBD.

You can not only see, but also hear the voice of your unborn child in the “Change One Life” video questionnaire database - the largest in Russia. In a short video you will see how a child plays, moves, what he can do and hear how he lives and what he dreams about.

After the child is found, you are obliged to get to know him and establish contact, and also have the right to familiarize yourself with documents from the child’s personal file and study a medical report on his state of health. To do this, you need to send an application to the appropriate regional operator and fill out a form. Within 10 days you will be given information about the child. And if you are ready to move on - a referral for acquaintance.

Let's assume everything ended well: you visited the child several times, perhaps even asked him to go for a short walk, and established the very “contact” that was mentioned in the referral. Then the most important thing remains: to draw up an act on the appointment of a guardian.

This act is attention! – formalized by the guardianship and trusteeship authority at the child’s place of residence. If boarding school or Orphanage where the child is being raised is far away, try to negotiate with specialists so that they try to accept the application and draw up the act in one day - otherwise you will have to travel to a remote locality twice.

If everything goes well, you will be invited to the guardianship and trusteeship authority to receive a guardianship act and certificate, and the institution will prepare the child and his documents.

Getting ready for a new life

So, we can congratulate you: you have been issued a guardian certificate, and your child is leaving the boarding school and going to a family!

Together with your child, you will be given a couple of kilograms of documents from his personal file* upon signature. Don’t rush to put them in folders: at home you will only have part of the documents left: the student’s file (if there is one) will go to the school, and the rest will go to the archives of the guardianship and trusteeship authority at your current place of residence(registration), where you still have to register.

* - a list of the child’s documents can be found in Appendix 4

There you will write an application for payment of a one-time benefit (today it ranges from 12.4 to 17.5 thousand rubles - depending on the region) and, if you wish, an application for creating a foster family. After you register, you still have to perform a number of actions - such as opening a current account in the name of the child (receiving a Savings Book), temporarily registering the child at your place of registration, submitting an application for a tax deduction, etc. Specialists from the guardianship and trusteeship authorities will tell you about all this. They will also have to give you an order - permission to spend the funds transferred monthly for the maintenance of the child.

If the child is of school age, he will also need to register for school (it is better to take care of this in advance), inclusion in the preferential lists for summer rest. If you plan to travel abroad, take care of obtaining a passport for a minor. If your child has savings, transfer them to a profitable replenishable deposit in a reliable bank.

There will be a lot of troubles, but most of them will be pleasant. After all, these are the first manifestations of caring for the child and protecting his interests by you, already as his legal representative.

We arrange a foster family

If you still decide to register a foster family, then to do this you need to return to the specialists of the guardianship and trusteeship authority and draw up the appropriate agreement. The agreement is concluded within 10 days from the date of your appointment as a guardian and must provide for:

1. information about the child or children being placed in a foster family (name, age, health status, physical and mental development);

2. the duration of the contract (i.e. the period for which the child is placed in a foster family);

3. conditions of maintenance, upbringing and education of the child or children;

4. rights and responsibilities of adoptive parents;

5. rights and obligations in relation to adoptive parents of the guardianship and trusteeship authority;

6. grounds and consequences of termination of such an agreement.

As soon as the agreement is signed, gratuitous guardianship turns into paid guardianship. And now, not the certificate of the guardian, but the order to create a foster family will become the main document indicating that you are the legal representative of the child.

At the office of the guardianship and trusteeship authority, you will have to write another application - for the payment of a monthly remuneration. As a rule, it is equal to the minimum wage in the region. If specified in the agreement, you may also be paid remuneration from income from the child’s property, but not more than 5% of the income for the reporting period during which the adoptive parent managed this property.

The agreement can be concluded in relation to one child or in relation to several children. Please note that if the registration at the child’s place of residence changes, the contract is terminated and a new one is concluded.

When preparing the material, we used the data from the manual “Socio-legal basis for placing children without parental care in family forms of education” (Family G.V., Golovan A.I., Zueva N.L., Zaitseva N.G.), prepared with the assistance of the Ministry of Education and Science of the Russian Federation and the Center for the Development of Social Projects, and taking into accountfederal legislation as ofas of October 1, 2013.