Take in adopted children. Requirements for adoptive parents

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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.

If you are going to get married, then the article about changing your last name after marriage will be useful to you.

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 in a maternity hospital or in a baby home, and if they took a child from an orphanage 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.

Many couples decide to adopt a newborn child.

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However, before starting the procedure, it is necessary to clarify the requirements for adoptive parents, the list of required documents and the procedure.

Basic moments

There are several things to consider when adopting a newborn baby:

waiting list to adopt a baby;
the decision of the baby’s biological parents to abandon him;
the need for double formation of a package of documents.

Law

Terms and requirements

Adoptive parents are required to comply with the following:

Health status. The guardianship and trusteeship authorities issue future parents a form with which they must pass medical checkup in the hospital.
Appropriate level of earnings. The income for each family member must exceed the subsistence level established in the region of residence.
Favorable living conditions. It is necessary to present documents confirming the availability of living space in the property.

The guardianship authorities will come to the specified address to verify the authenticity of the papers and the availability favorable conditions for child accommodation.

Adoption of a newborn child

The procedure for adopting a newborn employee does not differ from ordinary adoption.

The only difficulty is the need to collect documents twice:

to obtain a preliminary decision;
when sending a case to court.

From the maternity hospital

Taking a newborn baby is almost impossible. He will stay there for several days, after which he will be sent to the children's hospital for a full examination.

In 5-10 days he will be handed over, and then he can be adopted.

From the baby's home

As soon as the child enters the orphanage, the biological mother has the right to take him. In practice, this happens often - women change their minds.

Even if the adoptive parents have already begun collecting documents and the adoption procedure, preference will be given to the biological mother.

Children's database

All information about babies abandoned by biological parents is in the database (Federal Law No. 44 of 2001). The bank may include information about potential adoptive parents.

The formation of a database has several goals:

Accounting for children left without parents.
Assistance in the adoption of orphans by citizens of the Russian Federation (persons permanently residing in the territory of the Russian Federation).
Providing reliable information about children to future adoptive parents.

To date, the database includes more than 90,000 orphans about whom information can be obtained.

Is there a queue?

There is always a long line to adopt a newborn baby, so it is recommended to “seize your spot” in advance.

After you register as potential adoptive parents, you can begin collecting the second package of documents and taking courses to prepare adoptive parents.

Design rules

It is important that if it is submitted by a spouse, then the spouse must draw up consent to the adoption (and, conversely, if the application is drawn up by the husband, consent is required from the wife). It is drawn up in writing and certified by a notary office.

Each adoptive parent must submit a certificate confirming no criminal record. It is issued at the police station located at the place of registration.

List of documents

The first stage of adopting a newborn child is drawing up an application and sending it to the guardianship authorities for consideration.

The legislator establishes a single application form No. 11 (introduced by RF PP No. 1274 of 1998).

The second stage is registration of applicants in the queue. Prospective parents will be notified when they will be able to submit another application requesting adoption already specific child. It is important that if they want to make changes to the baby’s personal data, they must indicate a different first name, patronymic, and last name.

The third stage of the procedure is the collection of documents sent for consideration to the court:

Photocopy of both applicants' passports.
Photocopy of the Marriage Certificate. If the adoptive parent lives alone, he/she must present a Birth Certificate.
A certificate from a medical institution confirming the absence of diseases provided for by the RF Regulation No. 542 of 1996.
Certificate of ownership of residential space. Attached to it is a certificate issued by the guardianship and trusteeship authorities, confirming the condition of the house (apartment) in a condition suitable for the child to live in.
An extract from the house register reflecting information about the composition of the family.
Salary certificate issued at the place of work. If the adoptive parent is individual entrepreneur, then they are presented with a declaration of income.

Through the registry office or through the court?

The decision to adopt a newborn child is made in court. The application, along with the collected list of documents, is submitted to the court for consideration. When a positive decision is made, it immediately enters into legal force.

Within 3 days after the case is considered in court, the registry office authorities are notified in the proper manner about the decision made. Such an action confirms the fact of adoption.

Public services

The procedure for adopting a newborn child is associated with many difficulties, including the need to visit many government agencies, standing in long lines, etc.

With its help, future parents can:

Obtain information of interest about orphans included in the data bank.
Select a child who will be able to be adopted in the future (establish guardianship over him).
Get to know the kids in advance by studying a questionnaire compiled for each of them separately.
Submit an application in the prescribed form and send a package of documents for consideration.
Receive a preliminary decision made by the guardianship and trusteeship authorities after studying the information submitted by the adoptive parents.

The use of all of the listed services is free – you will not need to pay a fee to use the resource’s functions. The exchange of important information and receipt of decisions from government authorities occurs via e-mail.

Peculiarities

There are several things to consider when adopting a child. For example, future parents will need to take foster parent training courses.

Upon completion, a corresponding certificate will be issued, a copy of which must be provided to the guardianship and trusteeship authorities.

Single woman

Has the right to adopt a newborn child. The Family Code of the Russian Federation does not provide for virtually any differences in the procedure.

The only exception is the package of documents - not a photocopy of the Marriage Certificate is provided, but a Birth Certificate.

Despite the fact that the law provides for the possibility of adoption of a child by a single woman, the likelihood of refusal increases - guardianship and trusteeship authorities tend to place children in two-parent families.

By agreement with the mother in labor

Some families get to know the mother in advance and agree that after the birth of the child they will take him into their care. A special feature of such adoption is that the mother in labor receives payment.

Until now, in our country, despite the efforts of individuals and the state, the number of orphans has not decreased. Every day, refuseniks from maternity hospitals arrive in orphanages, and children whose presence in their family is life-threatening arrive in orphanages. Government agency- a temporary measure, but not a way out plight little man, from whom the closest people turned their backs. A child cannot grow up happy outside of a family, which means that more than anything else he needs new, loving parents. In such situations, the only effective measure is a foster family. It's about about the collective image of all families that implement, take custody, arrange guardianship or resort to any other form of placing a child in a family.

What is a foster family

The following forms of foster families can be distinguished:

Adoption – a child is accepted into a family as a blood relative. He becomes a full-fledged member of the family with all rights and responsibilities.

Guardianship – a child is accepted into a family for the purpose of upbringing and education, as well as to protect his interests. He can retain his last name; his natural parents do not receive an exemption from the responsibility for his maintenance. Guardianship is established for children under 14 years of age, and from 14 to 18 years of age guardianship is issued.

Foster care – a child is raised in a family on the basis of a tripartite agreement between guardianship authorities, a foster family and an institution for orphans.

Adoptive family– the child is raised at home with a guardian on the basis of an agreement that determines the period for transferring the child to a foster family.

The experience of adopting orphans exists, and it is successful. However, the ability to accept a child is not given to every person - you need to listen carefully to yourself and try to find answers to internal questions. If you can’t make a decision on your own, you can always talk to a psychologist. It will help you “look” inside yourself and understand what exactly you need from life. Perhaps this is not at all helping the child, but a desire to satisfy some personal ambitions. In this case, you should not count on adopted children - they are not at all obliged to meet your expectations.

An adoptive family, like any other, may face a number of problems with the arrival of a child. The ability to solve them without loss largely depends on the willingness to accept the little person and on the competence of the adoptive parents. The more clearly people understand what they are getting into when they decide to raise a foster child, the better. Of course, in most cases it will be more difficult for adoptive parents to cope with their functions than for relatives. The reason is simple - children who have experienced a tragedy (be it the death of loved ones, the destruction of a family, or the deprivation of mom and dad of parental rights) experience a deep emotional drama. Staying in an orphanage, where there is not a single relative, causes no less damage to the child’s psyche. There is no one to count on and no one to share experiences with. In childcare facilities there are only people doing their jobs. Even if they do it flawlessly, there will be no replacement for parental love.

Adaptation of a child in a foster family

Adaptation in a family lasts on average up to a year and is quite difficult. Illnesses may worsen, unexpected tears and hysterics may arise, denial of everyone and everything (“I don’t want”, “I won’t”, “go away”) and even aggression may appear. All this is natural and will certainly pass over time, provided that the parents are educated and sincerely loved.

Adaptation of a child in a foster family can be divided into several stages:

The preparation stage, when the child is just visiting new parents, comes to visit before the baby is finally accepted into the family.
During this period, adoptive parents try to make the child feel comfortable in the house, give gifts, praise and encourage him in every possible way. The child is trying to please the new parents. It is very important not to rush things and not to put pressure on the child to call his parents “mom” and “dad”.

The stage of crisis when the child begins to behave completely differently than the adoptive parents are used to observing.
The process is natural and should be considered as the correct development of relationships. If a child shows his bad sides to new parents, this is a sign of a trusting relationship.

The adaptation stage when the child begins to feel at home in the new family.
His appearance and behavior change, the baby becomes independent and more self-confident. It should be remembered that any change in the family can cause psychological trauma to the child.

The stage of stabilization, when the family finally becomes a family.
The adopted child is calm, although he may be disturbed by memories of past life, and adoptive parents are satisfied with the state of their family.

The best way to “spread the straw” in advance is to acquire contacts of the necessary specialists: doctors, neurologists, psychologists in advance, before the child arrives in the family. And, without hesitation, at the first difficulties, turn to them.

How to become foster parents

Which children are placed in foster care:

children left without parental care in institutions social protection population, medical and preventive, educational or other similar institutions;

children whose parents, for health reasons, are unable to support and raise them;

children whose parents have been deprived or limited in parental rights, have been declared incompetent by a court or have been convicted;

children whose parents are unknown;

orphans

Algorithm for creating a foster family

A candidate for foster parents submits to the Department of Guardianship and Trusteeship a package of documents according to the list with an application for issuing an opinion on the possibility of being a foster parent.

Within 3 days from the date of submission of the above documents, Department specialists conduct an examination of the living conditions of the candidate for adoptive parents and the inspection report is approved by the head of the guardianship authority within 3 days. The inspection report is drawn up in two copies, one of which is sent within 3 days to the citizen who has expressed a desire to accept the child into the family. The inspection report can be challenged by a citizen in court.

Within 10 days from the date of submission of documents, a decision is made on the appointment of a foster parent or on the candidate’s ability to be a foster parent, on the basis of which a referral is issued to an organization for orphans and children left without parental care to get acquainted with the child, his personal file and medical report on his state of health.

If the decision is positively made, the candidate writes a statement of intent to accept the child into the family.

An organization for orphans and children left without parental care, as a legal representative, sends the child for a commission examination of his health status (as for adoption) and, together with a medical report, with his consent to transfer the child to a foster family, submits a package of documents to the Department for child.

Management is preparing normative act on the possibility of transferring a child to a foster family: on the appointment of a guardian (adoptive parent) performing duties for a fee, on the need for payment Money for remuneration due to the adoptive parent and for the maintenance of the child.

The department concludes an agreement with the adoptive parent on the transfer of the child to a foster family and, in addition to the agreement, prepares individual conditions transfer of the child, a certificate of the adoptive parent and gives a memo to the adoptive parent with the child’s documents.

If the candidate is from another municipality, the personal file is transferred to the municipality at the place of actual residence of the adoptive family to assign payment of funds and monitor the conditions of upbringing and maintenance of the child.

Adoptive parents are assigned monthly cash payments for the maintenance of children placed in foster families, the amount of which in 2013 was 6,543 rubles. 80 kopecks, and a monetary reward due to the adoptive parent in the amount of 2,500 rubles (if a family is raising a child under 3 years old and a disabled child, then an additional payment to the monetary reward is assigned in the amount of 20%).

Schoolchildren are paid compensation for travel of 310 rubles. 88 kopecks. When placing a child into a family, the adoptive parent is paid a one-time allowance of about 12,000 rubles.

How to adopt a child?

Requirements for adoptive parents

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 performance of the duties assigned to him by law;

former adoptive parents, if the adoption was canceled due to their fault;

persons with diseases that make it impossible to take a child (children) into a foster family.

Adoptive parents are the legal representatives of the adopted child, protect his rights and interests, including in court, without special powers.

Persons wishing to take a child (children) into foster care 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 following documents are attached to the application:

A certificate from the place of employment indicating the position and the average salary for 12 months, or another document confirming the income of citizens;

An extract from the house register from the place of residence or another document confirming the right to use residential premises or the right of ownership of residential premises, a copy of the financial personal account from the place of residence;

A certificate from internal affairs bodies confirming the absence of a criminal record or the fact of 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, against family and minors, public health and public morals, and against public safety;

Medical report on health status;

A copy of the marriage certificate (if the citizen is married);

Autobiography;

A document confirming the availability of housing for a person (persons) wishing to take a child (children) into foster care (a copy of the financial and personal account from the place of residence and an extract from the house book (apartment) book for tenants of residential premises in the state and municipal housing stock or a document confirming ownership of residential premises);

Written agreement adult family members, taking into account the opinion of children over 10 years of age living together, on the adoption of a child into the family;

A copy of a certificate or other document on completion of training (except for close relatives of children, as well as persons who are or were guardians (trustees) of children and who were not suspended from performing their duties, and persons who were or are adoptive parents and in relation to whose adoption has not been cancelled).

The first thing every person thinking about adoption needs to do is discuss their desire with the people closest to them: their spouse and children. By the way, the widespread stereotype that only families who are deprived of the opportunity to give birth to their own should raise adopted children is not only far from the truth, but also harmful. On the contrary, families that already have children, have experience in raising children, understand how difficult and time-consuming it is to raise children. But let's get back to family members. Only if consensus is reached, and there are no those left in the house who are “categorically against”, can we move on to action.

The second step is training at a school for foster parents. Finding the nearest one is very simple: just contact the guardianship authority at your place of residence. They will direct you there. On average, classes last two months and this is not only a necessary, but also an enjoyable stage on the path to placing a child in your family. A few weeks before graduation, you can safely start collecting documents. With intensive immersion in this issue (if both spouses take leave for this purpose), the procedures will take one to two weeks.

Medical documents have been completed, a certificate of completion from the foster parents' school has been received - now is the time to return to foster care. The specialist will inspect the living quarters of potential adoptive parents, help fill out forms, write an application and prepare other Required documents. After this, you will have to wait two to three weeks for a decision. An important point is that future adoptive parents must already at this stage choose the form of placing the child in their family - adoption, guardianship, foster family, and so on. The difficulty of this procedure is that it is impossible to guess in advance what status the child you meet and fall in love will have. If, for example, there is only “adoption”, it is no longer possible to take him under guardianship. Therefore, consult with a specialist on how best to proceed.

Finding a child is the most difficult and lengthy stage. There will be many difficulties, disappointments and worries along this path. Despite the fact that there are about 600,000 children in Russia who live without a family, child care institutions are often in no hurry to part with them. And very often, especially when looking for a child under 3 years old, you will hear from child care specialists “we don’t have children.” Why this happens is the topic of a separate article. The main thing is don’t stop and don’t despair. Do you have children. Do not limit your search only to your place of residence - potential adoptive parents in Russia have the right to search for a child throughout the entire territory of the Russian Federation. With persistence and faith that you are doing the most important thing in life, your baby will definitely be found. And you will be together.

Experience of adoptive parents

One of the most important moments successfully overcoming difficulties in raising adopted children is communication with other parents who are in a similar life situation. Sharing experiences and feeling “I’m not alone with my problems” always gives strength and helps to look at things realistically. Ideally, you need to find an organization that helps place children and at the same time provides subsequent support for the family. We are talking about all kinds of non-profit foundations, structures and communities of adoptive parents. Communication with like-minded people is very important - both at the stage of making a decision, searching for a child, and at the very beginning of life together. However, you shouldn’t break off the relationship in the future. For adopted children, this is also a unique opportunity to feel at ease and understand that the most beloved and closest ones are not necessarily those who gave birth to you. But definitely those who love, who are nearby every day, from morning to night.

Try not to be guided by the opinions of people who are not adoptive parents themselves: they have no real idea about orphans.

Do not hesitate to conduct the necessary medical and psychological examination of the child before making a decision. In any case, it is necessary: you need to clearly understand what is to be treated and how.

It doesn’t hurt to remember all the time that genes shape temperament, character, and are responsible for health, but not for a person’s destiny. Criminals and drug addicts are the result of upbringing and the surrounding society.

Seek help from psychologists and lawyers. Specialists provide free consultations at the Centers for Social Assistance to Family and Children.

Do not hurry. In case of doubt, uncertainty or family problems, wait. Resolve your issues and continue to communicate with other adoptive parents.

If you cannot “recognize” your child, use your sense of smell. Smells clearly work on an unconscious level, suggesting “my person” or not.

Don't try to imagine the image of a child in advance: everything will be completely different from what you expected. And not even as other adoptive parents told you - each case is individual.

A child left without parents has a lot of difficult and bad things in his past. He will get rid of this burden gradually, with the help of a new family. Don't rush things - it takes time.

Don't expect instant love from your adopted child. What matters is what you have already changed to better life little person.

Let your child be himself. Observe his interests, talents and help consolidate them. Allow your baby to grow up happy.

Diana Mashkova

Adoption procedure

An adopted child can be placed in a family only by court decision. The adoption procedure is quite complex and lengthy, involves obtaining a lot of paperwork and requires a lot of time and perseverance from potential parents. If the child reaches 10 years of age, a necessary condition is his consent.

Requirements for parents

There are a number of strict restrictions for potential adoptive parents, including health and age. Also, when considering the issue of adoption, the court takes into account financial situation parents, availability of sufficient living space. For foreign citizens, the adoption procedure is the only opportunity to accept a child from Russia into a family.

Rights and responsibilities of parents

From a legal point of view, a child after adoption is equated to a blood child, and the parents bear full responsibility for him. They have the opportunity to give the child their last name, change the first name, patronymic, and in some cases, the date of birth. The interests of the child and his new family are intended to be protected by the secrecy of adoption; the law establishes punishment for its disclosure against the will of the adoptive parents. Guardianship authorities are required to monitor the family annually for at least three years after adoption.

Cash benefits for parents and benefits for children

The state does not provide additional assistance to the family, with the exception of providing the mother with postnatal leave and payments in connection with the birth of a child if an infant under three months is adopted. Cash benefit on adopted child equal to the statutory child benefit. After adoption, the child receives all the rights of a relative, including property, but at the same time is deprived of the benefits that he had as an orphan (for example, the right to receive housing from the state after reaching 18 years of age, benefits upon admission to educational establishments etc.).

An adopted child has equal rights with natural children; it is possible to remove him from the family only if the parents are deprived of parental rights.

How to register an adoption?

You want to adopt a child, but you don’t know where to go or where to start this procedure. First you need to contact the guardianship and trusteeship authority located at your place of residence.
You need to come to the guardianship authority with a passport or other document proving your identity and confirming your place of residence in this locality. If you are married, please bring your marriage certificate with you. An OOP specialist will talk with you, tell you about the adoption procedure and its consequences, and name the documents that need to be completed for adoption.
The main documents are the following:

A medical report on your health status, drawn up on a special form with a list of specialists you should visit.

Documents confirming family income: either a certificate from the place of work indicating the position and salary (for workers), or certified by in the prescribed manner a copy of the income statement.

Documents on housing and living conditions: a copy of the financial and personal account and an extract from the house (apartment) register, if the housing is municipal. If the housing is privatized or is privately owned, then documents confirming ownership of the residential premises: purchase and sale agreement, certificate of registration of ownership.

Certificate from the Internal Affairs Directorate (OVD) confirming no criminal record. You will also be asked to write an application on the prescribed form and a curriculum vitae.

Specialists will study the documents, check your living conditions and issue a conclusion on the possibility of becoming an adoptive parent. This document gives you the right to start searching for the child.

Guardianship/Trusteeship

Guardianship

Guardianship- a form of placement of minor citizens (under the age of fourteen), in which citizens (guardians) appointed by the guardianship and trusteeship authority are the legal representatives of the wards and perform all legally significant actions on their behalf and in their interests;

Guardianship- a form of placement of minor citizens aged fourteen to eighteen years, in which citizens (trustees) appointed by the guardianship and trusteeship authority are obliged to provide minor wards with assistance in the exercise of their rights and fulfill their duties, protect minor wards from abuse by third parties, and also give consent of adult wards to perform actions in accordance with Article 33 of the Civil Code of the Russian Federation.

Allowance for guardians and benefits for children

The duties of guardianship and trusteeship are performed by the guardian (trustee) free of charge. The state pays monthly funds for child support in accordance with the standard established in the region. IN Samara region Currently, the payment is 6,844 rubles for each child.
The guardian receives a monthly allowance for the child established by law, and the guardianship and trusteeship authorities are obliged to regularly monitor the conditions of detention, upbringing and education of the child, to facilitate the organization of his education, recreation and treatment. After reaching the age of 18, the child retains the right to receive housing in the event of his absence. Children under guardianship or trusteeship have the right to:

upbringing in the family of a guardian or trustee, care by a guardian or trustee, living together with him, except for the cases provided for in paragraph 2 of Article 36 of the Civil Code of the Russian Federation;

providing them with conditions for maintenance, upbringing, education, comprehensive development and respect for their human dignity;

alimony, pensions, benefits and other social payments due to them;

maintaining ownership of residential premises or the right to use residential premises, and in the absence of residential premises, have the right to receive residential premises in accordance with housing legislation;

protection from abuse by a guardian or trustee.

Features of guardianship or trusteeship:

guardianship or guardianship is established by a legal act of local government bodies (order) until the child reaches adulthood;

guardianship or guardianship may be established for a certain period;

funds are paid for the maintenance of the child under guardianship;

Every year, guardians or trustees must provide a report on the storage, use of the property of the ward and on the management of such property;

Guardianship and trusteeship authorities exercise regular control (supervision) over the conditions of detention, upbringing and education of the child;

guardianship and trusteeship authorities provide assistance to the guardian in organizing education, recreation and treatment of the ward;

parents are not released from child support responsibilities and must pay child support;

a child placed under guardianship or trusteeship retains the right to alimony, pension, benefits and other social payments due to him;

a candidate for adoption of a child may appear;

return of the child to the parents.

the transfer of a child into guardianship is not a secret protected by law;

the child’s relatives have the right to communicate with him.

Requirements for appointing a guardian or trustee
1. Guardians and trustees Only adults with active legal capacity may be appointed. Citizens deprived of parental rights, as well as citizens who, at the time of establishment of guardianship or trusteeship, have a criminal record for a deliberate crime against the life or health of citizens cannot be appointed as guardians and trustees.
2. When assigning a guardian (trustee) to a child, the moral and other personal qualities of the guardian (trustee), his ability to perform the duties of a guardian (trustee), the relationship between the guardian (trustee) and the child, the attitude of the guardian (trustee’s) family members towards the child are taken into account, and also the desire of the child himself.
3. Persons with chronic alcoholism or drug addiction, persons suspended from performing the duties of guardians (trustees), persons limited in parental rights, former adoptive parents, if the adoption was canceled due to their fault, as well as persons who due to health reasons they cannot carry out the responsibilities of raising a child.

List of diseases in the presence of which a person cannot adopt a child, take him into guardianship (trusteeship) or take him into a foster family
(approved by Decree of the Government of the Russian Federation dated 01.05.1996 N 542)

Tuberculosis (active and chronic) of all forms of localization in patients of groups I, II, V of dispensary registration

Diseases of internal organs, nervous system, musculoskeletal system in the stage of decompensation

Malignant oncological diseases of all localizations

Drug addiction, substance abuse, alcoholism

Infectious diseases before deregistration

Mental illnesses in which patients are recognized in accordance with the established procedure as incompetent or partially capable

All diseases and injuries leading to disability of groups I and II, excluding the ability to work

In what cases can a child be appointed a guardian or trustee?
The child may be appointed guardian in case of:

death of parents (declaration of parents as dead, which is carried out by the court according to legal consequences, is equivalent to death);

deprivation of their parental rights;

restrictions on their parental rights;

recognition of parents as incompetent;

parental illness;

long-term absence of parents;

evasion of parents from raising children or from protecting their rights and interests;

refusal of parents to take their children from educational, medical institutions, social protection institutions and other similar institutions;

stay of parents (parent) in places of deprivation of liberty.

birth of a child to persons under 16 years of age (Article 62 of the Family Code of the Russian Federation)

for other reasons for recognizing a child as left without parental care in the manner established by the legislation of the Russian Federation

Departments dealing with issues related to guardianship or trusteeship:

on the territory of Avtozavodsky district Ordzhonikidze Boulevard, 16, tel. 54-44-29;
- department for implementation of guardianship and trusteeship on the territory of the Central and Komsomolsky districts Department for Family, Guardianship and Trusteeship of the Togliatti City Hall, located at: Lenin Blvd., 15, tel. 54-38-57;
- department for identification and placement of minors of the department for family, guardianship and trusteeship of the mayor's office of the city of Tolyatti, located at: st. Mira, 43, tel. 54-30-28.

Grounds for termination of guardianship and trusteeship

The grounds for termination of guardianship and trusteeship are provided for in Art. 39 and 40 of the Civil Code of the Russian Federation. All reasons can be divided into three groups:
1. "Automatic" termination:

When a minor turns 14 years old, guardianship ends; when a minor reaches 18 years old, guardianship ends;

the entry into marriage of a minor terminates guardianship;

emancipation of a minor terminates guardianship;

reaching the age of majority or acquiring full civil capacity by a minor parent terminates guardianship over his child;

2. Release of a guardian or trustee from duties:

exemption from duties if there are good reasons;

return of the minor to his parents;

adoption of a minor;

placement of the ward in an appropriate educational institution, social welfare institution or other similar institution (not a mandatory basis for all cases).

3. Removal of a guardian or trustee.

execution of powers by a guardian (trustee) for personal gain;

leaving the ward without supervision and necessary assistance;

other improper performance by the guardian or trustee of his duties.

Adoptive family

Adoptive family- form of family placement of children; combines the features of a child care institution, guardianship and adoption; A foster family can be a solution to the problem of parents' employment. This is a form of raising a child (children) at home with a foster parent. This form of family arrangement has been legalized since 1996 by the Family Code of the Russian Federation.

The procedure for creating a foster family

A foster family is formed on the basis of an agreement on the transfer of a child for upbringing, which is concluded by the guardianship and trusteeship authority with the foster parents.
The transfer of a child to a family takes place taking into account his opinion and with the consent of the administration of the child care institution in which he is located. The transfer of a child who has reached the age of 10 is carried out with his consent. In practice, difficulties often arise when registering a child with a family living in another region or city. The fact is that payments for child support are made from the budget of the district where he was registered.
Bodies considering placement of children in foster families:
- Department for organizing activities for guardianship, trusteeship and adoption Tolyatti, st. Golosova, 99, office. 8, tel. 54-37-69.
- Department for identification and placement of minors Department for Family, Guardianship and Trusteeship of the Tolyatti City District Mayor's Office at the address: Togliatti, Lenin Blvd., 15, tel. 54-33-14, 54-44-69.

Child's status and age

There are no restrictions on placing a child in a family. It is possible to place a child with poor health, developmental disabilities, or a disabled person in a foster family. Children with siblings are usually placed in the same family.

Requirements for adoptive parents

Adoptive parents may be adults of both sexes, with the exception of persons recognized by the court as incompetent or partially capable; deprived of parental rights or limited parental rights by the court; 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; with illnesses that make it impossible to foster a child.

Rights and responsibilities of adoptive parents

These are the legal representatives of the child who are obliged to raise him, take care of his health, development, create conditions for him to receive education, prepare him for independent life. Such a family can have up to eight children, including biological ones. A child in a foster family has the right to maintain contact with biological parents and relatives.

Cash payments to adoptive parents and benefits for the child

Adults receive wages. For the maintenance of each child, they are paid funds for food, clothing, shoes and other needs. A child placed in a foster family retains the right to alimony, pension (in case of loss of a breadwinner, disability) and other payments and benefits in accordance with the law, including housing upon reaching the age of 18.
The state pays monthly funds for child support in accordance with the standard established in the region. In the Samara region the payment currently amounts to 6,844 rubles for each child.
The foster family has a priority right to receive vouchers for children (including free ones) to sanatoriums, health camps, and holiday homes.

Further placement of the child

A child placed in a foster family, if he has the appropriate status and if a candidate appears who wants to adopt him, can be transferred to the adoptive parent by court decision.

How to create a foster family?

The list of documents and the procedure for finding a child are the same as for adoption and guardianship. If you want to take one or more children (but no more than eight) into foster care, you need to contact the guardianship and trusteeship authority at your place of residence with an application in which you ask for an opinion on the possibility of being foster parents.
Having examined the submitted documents, on the basis of an inspection report of the living conditions of your family, the guardianship and trusteeship authority, within 20 days from the date of filing the application, prepares a conclusion on the possibility of becoming a foster parent. This is the basis for selecting a child for the purpose of placing him in a foster family.
After you have decided that the child will live with you, write an application with a request to transfer him to a family, attaching a conclusion about the possibility of being a foster parent. After this, an agreement is concluded on the transfer of the child to a foster family between the guardianship and trusteeship authority at the place of residence (location) of the child and the adoptive parents.
The contract also provides for the payment of foster parents. But the amount of payment is determined by the regional law on the remuneration of foster parents. Children are paid funds for their maintenance.
Wards and adopted children, unlike adopted children, enjoy benefits provided by both federal and regional laws. These could be benefits for education, medical care, purchasing vouchers, obtaining housing if the child does not have one.

atronate/ Mentoring

Patronage

Patronage- family form of placement, which provides for the temporary transfer of a child to a specially prepared family; the main purpose of this form is the socialization of the child, gaining experience of life in a family; foster care can be a solution to the problem of parents' employment.

Procedure for placing a child in a family

It is established on the basis of an agreement between foster carers, guardianship and trusteeship authorities and a children's institution (or authorized service) on the division of powers and responsibility for the child.

Child's status and age

A child is placed under foster care, regardless of his age, status and condition, who temporarily requires a substitute family or special conditions his support and support.

Requirements for foster carers

Foster care is professional work, therefore, the requirements for a teacher are similar to the requirements for a teacher orphanage. A foster carer - actually an employee of an orphanage institution - must undergo special training and also be ready to cooperate with specialists, discuss emerging problems, and, if necessary, change their lifestyle in the interests of the child.

Rights and responsibilities of foster carers

Patronage can be short-term (from one day to six months) and long-term (from six months or more). The foster carer is obliged to implement a plan developed by specialists to protect the rights of the child. At the same time, specialists from an orphanage or an authorized service provide psychological, pedagogical, medical and social support for the child and family. The child maintains contact with blood parents and relatives.

Cash payments to foster carers and benefits for the child

Adults receive a salary, their length of service is counted, and they are granted leave in accordance with labor legislation. They are also paid child support, targeted funds for repairs, purchase of furniture, etc. Children retain all benefits due to their status.

Further placement of the child

He may be removed from the foster care family by decision of the parties. If it is not possible to place a child for adoption, short-term foster care usually turns into long-term foster care. Often he remains in the same family, that is, patronage is used as a transitional form to guardianship or adoption after the child receives the appropriate status. When transferring for adoption, the priority right is given to the foster carer in whose family he is being raised.

Mentoring

Mentoring- it is also called a weekend family, a vacation family: the child is taken into the family for a while, and then returned to Orphanage; The main purpose of this form is the socialization of the child, gaining experience of life in a family

Family placement procedure

It is established by concluding an agreement between the family and the child care institution on the division of powers and responsibility for the child. When placing a child in a family, the wishes of the child must be taken into account.

Child's status and age

This form, according to experts, can only be useful for older children who are able to consciously perceive the situation - it provides invaluable experience of living in a family, communication and support from friendly adults. But for a child under 11-12 years old who dreams of a family, a father and a mother, returning to an orphanage can be a serious trauma.

Requirements for mentors

The requirements for them are less stringent than for foster carers. However, they must undergo special training and also be ready to cooperate with specialists and discuss emerging problems.

Rights and responsibilities of mentors

While the child is with them, adults are required to implement a plan developed by specialists to protect the child’s rights.

Further placement of the child

Mentoring a child can be a stepping stone to another form of placement, such as long-term foster care or adoption, if the child's status allows it. Even if this does not happen, staying in a family, as a rule, has a positive effect on the child, because for him it is an opportunity to spend some time outside the walls of the child care facility, expand his social circle, and make friends.

The question of how to adopt a child from a maternity hospital is most relevant for those families whose lives have developed in such a way that they cannot have their own children. Therefore, most of all they want to take babies who have just been born.

Parents wait for months, or even years, to adopt a newborn, as the waiting list is huge and does not come quickly.

In order to adopt a child, you need to collect certain documents and contact the guardianship authorities. If a couple is considered suitable to be the adoptive parents of a baby, they will receive consent. The family will have a small addition that they have been waiting for so long.

Unfortunately, quite often young mothers abandon their newborn babies in maternity hospitals.

The reasons for such actions may be different:

In the future, new families or, in the worst case, orphanages await such refuseniks.

Candidates for adoptive parents must be firmly convinced that they need a child from the maternity hospital whom they can make happy.

In this case, you need to go to the guardianship authorities to obtain permission to adopt a newborn baby.

In Russia, not only citizens of the country, but also foreigners have the right to adoption.

From a legal point of view, the adoption process is quite lengthy and complex. Not every married couple can obtain permission from the relevant authorities.

You should start with an application to the guardianship authorities. In it you need to indicate your own data, as well as describe what kind of child you would like to take into your family.

From the first second of the adoption of a baby, the same legal relations are established between him and his parents as in families with natural children.

In most cases, there is always a queue for refuseniks. Therefore, having decided to take such a responsible step, you should prepare yourself mentally and documented.

To do this, you need to know how to adopt a child from a maternity hospital. The procedure for adoptive parents is as follows:

TO potential parents is sent special commission to check living conditions. Its participants must ensure that there is a decent level of housing and conditions for raising a child.

Within two weeks after reviewing the documents, a final response will be received. Immediately after the signal about the presence of a refusenik in the maternity hospital, you can proceed to the process of registering the procedure with the court authorities.

To do this, you need to submit an application to the court at the location of the maternity hospital. The same certificates will do. But if more than three months have passed, they will have to be collected again.

Adoptive parents are exempt from paying the state fee, so they do not have to present a receipt.

An official document from the guardianship and trusteeship authorities will be required, indicating their consent and approval.

In accordance with the law, the duration of the trial is approximately 2 months. But when it comes to infants, the court makes a decision quite quickly.

To speed up this process as much as possible, you need to ask the court to apply the decision for immediate execution. Otherwise, you will have to wait 10 days for the court decision to take effect.

If the court decision is positive, the child can be taken away immediately. At the same time, the maternity hospital must issue a postpartum sick leave from the date the decision enters into legal force when the baby reaches 70 days of age.

Then you need to contact the registry office to obtain documents for the baby.

The process of adoption of children who are citizens of the Russian Federation is described above. Children who have citizenship of another state are also subject to adoption.

But this will require the consent of their legal representative and the government agency of that state endowed with the necessary competencies.

Adopt healthy child leaving the maternity hospital is very difficult. Unable to give birth, many want to adopt a newborn. This is explained by a number of psychological factors. Therefore, refuseniks are in great demand.

In order to be able to formalize the adoption, it is necessary, before the turn comes, to find out what documents are needed for the procedure and collect them. Namely:

For those who are not married, but wish to adopt a child, the requirements are the same as for married couples. The only difference is that instead of a marriage certificate, the court must submit a copy of the birth certificate.

A medical certificate requires special attention, as it consists of a whole range of examinations. It is necessary to exclude not only AIDS, HIV and syphilis, but also any form of tuberculosis and cancer.

Only those people who have positive characteristics, stable work and wages, suitable living space for raising a child.

A special commission in the guardianship and trusteeship authorities will review the package of documents and make a conclusion, which will be transmitted to potential adoptive parents in writing.

Before adopting a child from a maternity hospital, citizens should familiarize themselves with the requirements for candidates.

To obtain permission to adopt, a married couple must:

The requirements for adoptive parents of infants are no different from the requirements for adoptive parents of older children.

Video: Conditions for adopting a child in Russia

So that the child considers himself family and family relationships develop the best way, you should not traumatize your baby with information about his appearance.

The Criminal Code of the Russian Federation contains Article 155, according to which the secrecy of adoption must be maintained.

This complex and lengthy legal procedure involves a wide range of people. These are the staff of the guardianship and trusteeship authorities, maternity hospital workers, and the court.

To exclude the possibility of disclosure and the human factor, the law, which is still in force in 2019, allows you to change certain data:

Child's full name;

date of birth;

Place of Birth.

It is important to consider that if a couple improvised a pregnancy to keep the adoption secret, the date of birth can be changed by three months in either direction. This is allowed during adoption.

In order to maintain secrecy, the court is held closed, except for the adoptive parents, the guardianship authorities and the prosecutor are present. After the court makes a positive decision on adoption, the parents will receive an extract.

Together with her and her passports, you need to go to the registry office, where they will issue a birth certificate for the baby.

If you wish, you can contact the guardianship authorities, and they will help you agree so that the child and mother are discharged from the maternity hospital on a certain day and a photo is taken for history.

After this, you can go home to raise your baby.

Naturally, the secrecy of adoption only makes sense when the baby is adopted from a maternity hospital or orphanage. For an older child who already remembers a lot, this makes no sense.

Although adoption is a difficult process, with good preparation and the right approach, you can deal with it quite quickly and without unnecessary problems.

After all, adopting a newborn is the dream of many couples who, for medical reasons, cannot have children.

No matter what, people want to experience the joy of being parents own experience. But such married couples should stock up on great patience.

You shouldn’t hope that by collecting required package documents and having received consent to adoption from the guardianship and trusteeship authorities, the baby can be adopted immediately.

Often the waiting period lasts many months. Since there are many people who want to take a baby who is not yet a week old.

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