How can you adopt a child into a family? How to adopt a foster child? A psychologist and a mother of many children answer

Sooner or later, the overwhelming majority of people have a desire to have children. However, alas, not all people are capable of fertilization, conception and birth of a child. But don’t despair - physiological infertility is not a reason to refuse the opportunity to hear “Mom and Dad” addressed to you. An adopted child can become your own if you want it.

In Russia, there are several types of transfer of a child to a new family: adoption, guardianship and others. This article will discuss such a form as the child's host family. This form of family education arose in Russia not so long ago - a little more than ten years ago. And many people do not have sufficient information or do not know about it at all.

But it is precisely this form of raising a foster child that is most accessible to the average family. The conditions under which it is possible to take a child into a foster family are more lenient than for adoption. First of all, the guardianship authorities take into account the decency and trustworthiness of the family, its desire to have children, and only then factors such as:

Health status of adoptive parents.
The salary of adoptive parents.
The state of living conditions of adoptive parents.

To create a foster family, it is necessary that the foster parents and local guardianship authorities enter into an agreement on the transfer of the child to the family.

Agreement on creating a foster family

The agreement is drawn up in a strictly prescribed form. It stipulates such nuances as:

The period for which a child is placed in foster care.
The conditions in which the child will live, study and be raised.
All those responsibilities that fall on the shoulders of adoptive parents.
All rights of adoptive parents.
Those responsibilities that the guardianship and trusteeship authorities undertake in relation to the family that has adopted the child.

The agreement is drawn up in two copies and signed by two parties - a representative of the guardianship and trusteeship authorities and one of the adoptive parents. One copy is kept by the guardianship authorities, and the second is given to the adoptive family.

The contract is valid for the entire period for which it is concluded. However, there are a number of certain cases in which the contract may be terminated prematurely. Such cases include:

Serious illness

Illness of one of the adoptive parents, which does not allow them to properly fulfill their responsibilities towards the child.

Change in the marital status of the adoptive family

If the spouses divorce, the agreement on raising a child in a foster family may be canceled by decision of the guardianship council. In the event of a divorce, adoptive parents must notify the guardianship council of this fact within three days.

Changes in the financial situation of the family

Of course, if there is a slight change in the financial situation for the worse, the guardianship and trusteeship authorities will not insist on removing the child from the foster family. However, in the event that the adoptive parents have lost their jobs or housing, the guardianship board will make a realistic assessment of whether the adoptive parents can properly support the minor child.

Personality conflicts between adopted children and parents

Of course, the process of adaptation of a child in a foster family very rarely proceeds smoothly, without any rough edges. However, if conflicts between a child and adoptive parents arise regularly and are violent, the guardianship and trusteeship authorities may raise the issue of premature termination of the contract.

Conflicts between children in a foster family

All of the above applies equally to conflicts between children in the family. If parents fail to stabilize the psychological situation in the family and create a favorable microclimate, the contract may be terminated prematurely.

Other unfavorable factors

The occurrence of any other unfavorable factors that interfere with the normal upbringing and development of a child in a foster family can also lead to early termination of the contract.

Returning an adopted child to his biological parents

It is very rare, but situations still occur when people deprived of parental rights are restored to their rights in relation to the child. This happens if the parents begin to lead a normal lifestyle, create conditions favorable for the child’s life, and they manage to convince the court of this, the child can be returned to them. Accordingly, the contract with the adoptive family is terminated early.

Adoption of a foster child

Parents who accept a child into their family should be well aware of the fact that foster care is not adoption. And the child’s data is in the general database of children subject to adoption. And it may happen that your adopted son or daughter will be attracted to some other married couple. And if they decide to adopt a child, the guardianship and trusteeship authorities will terminate the contract.

State payments to foster families

The state provides support to such foster families. At the moment when a foster family is created, a one-time payment is made from the regional budget in the amount of 10,000 rubles for each child. Such a payment is made only once.

Further, throughout the entire term of the contract, a certain amount is paid for the maintenance of each of the adopted children. The amount of payments is set by the administration of each Federal District of Russia. These funds are intended to purchase:

Stationery
Household goods
Clothes and shoes
For partial payment of utilities

In addition, all foster families, which include three or more children, both adopted and their own, are entitled to all the benefits that are provided for by Russian legislation for large families. The foster family should begin receiving payments as soon as the child is placed in foster care.

Salary of foster parents

Another feature of a foster family is the fact that foster parents receive a salary for their work raising a child. Its size varies and depends on facts such as:

Depending on how many children were accepted into the family.
Depending on the health status of adopted children.

Today, for two adopted children, parents receive 4 minimum salaries, for three or more - 5 minimum salaries.

In the event that the adopted child has not reached the age of three, or has any deviations in both mental and physical development, the amount of remuneration for the adoptive parents increases by another 30%.

Responsibilities of foster parents

When deciding to take an adopted child into their family, parents should think carefully about everything and take this step only consciously, and not guided only by a rush of noble emotions. After all, we are not talking about any toy or thing that can be put on a shelf as unnecessary. The first emotional impulse passes quickly, and the little man and you will live side by side for a very long time, and perhaps for the rest of your life.

When accepting a child into the family, parents take on a number of responsibilities. For example, the following:

Engage in raising a child.
Monitor his health condition carefully.
Create a psychological atmosphere favorable for the child in the family.
Monitor your child's learning process.
Protect the rights of the child and represent his interests, including in court.

However, as a rule, if parents love their adopted child, fulfilling these responsibilities does not burden them. Otherwise, it’s not worth starting the whole epic with creating a foster family, otherwise this idea will turn into a headache and will bring nothing but disappointment.

Rights of adoptive parents

However, in addition to a number of responsibilities, adoptive parents also have rights:

Adopt a foster child

Any married couple that meets certain requirements has the right to submit an application to the guardianship and trusteeship authorities about the desire to create a foster family.

The right to personal education of a child

The rights to raise an adopted child are exactly the same as the rights to raise your own. No one has the right to tell adoptive parents how to raise a child and in what ways, unless this upbringing does not harm the physical condition and psychological health of the child.

Right to receive cash benefits

As already mentioned, any such family is entitled to receive a monthly allowance for each adopted child.

Right to benefits

There is a certain number of benefits that are entitled to any adoptive family. You can find out a list of these benefits from your guardianship and trusteeship authority.

Right to free healthcare

Despite the fact that adoptive parents cannot obtain compulsory health insurance for their child, medical care for these children is also free. The guardianship and trusteeship authorities should take care of receiving the poles.

Right to wages

As already mentioned, all foster parents have the right to timely payment for their work in full.

The right to benefits provided for by pension and labor legislation
Right to increase in seniority

According to Russian legislation, the total length of service includes the time during which parents care for adopted children.

Rights of an adopted child

Children taken into foster care retain a number of rights, such as:

Right to alimony

All children whose biological parents are deprived of parental rights retain the right to receive child support, regardless of whether they are in foster care or not.

Right to receive a social family

A child being raised in a foster family has the right to receive a disability or survivors pension.

Right to use living space

An adopted child has the right to retain ownership of the living space that belongs to him or to the right to use it.

The right to maintain contact with relatives

If the adoptive parents do not object, the child can periodically meet and communicate with his blood relatives and biological parents.

Summing up

So, after reading this article, you have received the most complete information about this form of raising children without parental care, like such a family. Weigh the pros and cons carefully. And who knows, maybe it’s a family like this that will make you feel like parents.

And remember that it is not so important whether the child is adopted, taken into guardianship, or accepted into a foster family. The most important thing that is necessary for a happy future together and a prosperous tandem “Parents - child” is your complete understanding of the child, your willingness to accept him and, of course, the most important component of success is a huge and boundless love for the child!

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. A state institution is a temporary measure, but in no way a way out of the plight of a little person, from whom those closest to him have 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. We are talking about a 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.
Foster family – a child is raised at home by a guardian on the basis of an agreement that determines the period of transfer of 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 child care 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 his 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 his past life, and the 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 who are in social protection institutions, treatment 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.
The department is preparing a regulatory act on the possibility of transferring a child to a foster family: on the appointment of a guardian (adoptive parent) to perform duties for a fee, on the need to pay money for the remuneration due to the foster 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 for the 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 fulfillment 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 the residential premises or the right of ownership of the 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 consent of adult family members, taking into account the opinion of children over 10 years of age living together, to accept 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 necessary 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 aspects of successfully overcoming the difficulties of 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. The important thing is that you have already changed the life of a little person for the better.
Let your child be himself. Observe his interests, talents and help consolidate them. Allow your baby to grow up happy.

Diana Mashkova

PHOTO Getty Images

“I want to adopt an adopted child, but I’m not sure if I’m ready to be a mother” (Maria). “We lost our son three years ago, I would like to take the baby from the orphanage, but my husband is against it” (LANA). “The doctors said that I wouldn’t have children. Mom says that she will be glad to have an adopted grandson, but I don’t even know...” (Lena_31). These are remarks from various adoption forums.

People want to adopt adopted children into their families for a variety of reasons. Do these reasons matter for your future relationship with your child? Psychologist Larisa Rudneva, director of the project “Together for Children. School of Adoptive Parents.

Mission - to help

“All candidates for adoptive parents evoke the deepest respect. We psychologists do not take on the mission of making a judgment: this one is suitable, but this one is not. When candidates come to our School, I tell them: “You and I are becoming employees. We will share the knowledge we have. We want to be useful in your noble and difficult cause.

And the first thing we will pay attention to is motivation: the reasons why you want to take an adopted child into your family. And how aware you are of these reasons.

In 2016, we opened the ninth group. More than 100 candidates for adoptive parents have already received from us a state-issued certificate, which gives the right to accept a child into a family. And these are the motives I most often encounter in my practice.

1. Parents with experience

Often adult couples want to become adoptive parents. They have many years of marriage behind them; they have children - one, two or more - who have already grown up and become so independent that they minimally need help, support, and attention from their parents. And the parents themselves have enough strength, attention and resources to raise more children.

As a rule, these are middle-aged couples who, due to their age, cannot or have decided not to give birth to any more children, but at the same time understand that they are ready to give care, support and love to those children who find themselves in a difficult situation.

This motive evokes respect and reassurance among psychologists. This is the motive of mature individuals, it is stable, they have weighed and decided everything and are unlikely to change their mind under the influence of new circumstances. They have extensive parenting experience, they know that problems happen, but there are no insoluble problems, they can be dealt with.

2. Bereaved Parents

The second category is couples in a difficult emotional state, for example parents who have lost their children. This is the most severe, greatest pain that can befall a person. In this case, we, psychologists, will make every effort, knowledge and skills to help cope with this pain so that it does not turn into a black abyss that sucks in both parents and children who may appear in this family. In such cases, we strongly recommend psychological help and are very supportive of such couples when they decide to go to an orphanage and begin to help children as volunteers. This work helps them better understand how they feel when interacting with children and realize how ready they are to be foster parents.

3. Parents without experience

The third category of adoptive parents are couples who, for some reason, cannot have their own children. Most often, these are people who took a long time to decide to adopt a foster child. And we, psychologists, are trying to make this decision from a hypothetical, ideal one to become as practical and understandable as possible. Therefore, our School pays a lot of attention to training. During the trainings, future adoptive parents play out typical family situations, discuss them and gain communication skills with children.

Learn about your resources

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, his consent is a necessary condition.

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 the financial situation of the parents and the 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 natural one, 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. The cash benefit for an adopted child is equal to the statutory benefit for a natural child. 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 when entering educational institutions, 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 a given 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 a duly certified 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 the Samara region the payment currently amounts to 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;
avoidance of parents from raising children or 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: Tolyatti, 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 child’s legal representatives who are obliged to raise him, take care of his health and development, create conditions for him to receive an education, and 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, based on an inspection report of your family’s living conditions, 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 a statement asking for his transfer 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 for his support and accompaniment.

Requirements for foster carers

Foster care is a professional job, so the requirements for a teacher are similar to the requirements for an orphanage teacher. 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 the 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 the 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.

Many married couples dream of having a child, but not everyone succeeds in doing so. Therefore, they begin to think about adoption.

Adoption implies the formation of family ties between the child and his new parents, the emergence of responsibility, special rights and obligations.

A person who decides to take a child from an orphanage must be an accomplished person.

A potential adoptive parent must be aware that with the appearance of a baby in his family, parents are obliged to bear responsibility throughout their lives.

Let's look at how to adopt a child from an orphanage in 2019, what requirements the law imposes on candidates, and what are the responsibilities of the new family in relation to the adopted child.

Requirements for adoptive parents

Adoption is a long and complex process that is not limited to paperwork with the guardianship and trusteeship authorities (TCA). An adoption case must be considered in court.

The procedure and its main provisions are regulated by the Family Code (Chapter 19). You can adopt children who have not yet turned 18 years old.

Who can take a child from an orphanage is regulated by Article 127 of the RF IC:

There are no age restrictions for adoptive parents. The main thing is that they have good health and can provide for their child financially at a decent level.

The age difference between the new parents and the adopted child should not be less than 16 years, but there are exceptions, and the court makes a decision individually in each case.

But if the adoptive parent is the spouse of the child's biological parent, the age difference is not taken into account. An exception is also made for the child’s uncle, aunt, other relatives and godparents.

Video: Conditions for adopting a child in Russia

The candidate for adoption must be physically able to care for the child and take responsibility for raising the child.

The candidate must not have the following diseases:

A person who wishes to adopt a child from an orphanage must support him.

Potential adoptive parents must have a regular income that exceeds the cost of living for several people.

Typically, when making a positive decision on adoption, the court requires a higher level of income.

When submitting documents, the adoption candidate indicates all available sources of income.

The following additional sources are considered: salary from a second job, funds from leasing movable and immovable property, interest on deposits in the bank and from borrowers.

People who dream of becoming parents are worried about what else is needed to take a child from an orphanage. Potential candidates must have their own home.

If the apartment is mortgaged, this procedure usually does not prevent you from adopting a child, but your total income, taking into account the deduction of the monthly mortgage payment, should be enough to support a minor from an orphanage. This point should also apply to other credits and loans.

The area should also be sufficient for all family members to live: it is important that the apartment has a place to sleep, play, and study. It is a huge plus if there are schools and other educational institutions nearby.

A mandatory requirement is compliance with sanitary and hygienic standards: cleanliness, absence of insects and rodents. People with chronic forms of infectious diseases should not live in the same living space as adopted children.

Persons of the same sex over 9 years of age cannot share a room unless they are a married couple. If the adopted child is over 9 years old, he must have a separate room. The same applies to the situation if a person adopts a brother or sister.

If a couple decides to adopt and meets all the requirements, they should start by collecting documents. Also, future potential parents enroll in courses at the School of Adoptive Parents.

Training lasts about one and a half months, can be remote. The school is intended for candidates for adoption.

Designed to develop key parental competencies that are necessary for raising children placed in the family of citizens. Information lectures are held, and parents are also prepared psychologically.

It is not necessary to take courses if the child is being adopted by his relatives, or by persons who were already adoptive parents once, and the adoption has not been canceled.

Let's find out what documents are needed to adopt a child from an orphanage.

Potential adoptive parents must collect the following documents:

Documents must be prepared in two copies (for the PLO and the court).

Video: Procedure for adopting a child

Guardianship and adoption authorities (CAB)

Citizens who decide to adopt a child with a full package of documents go to the Public Education Center. After completing the paperwork, potential parents will receive a home visit from PLO staff.

A housing inspection report is drawn up. The living space must be well-groomed, clean, and tidy.

Within 15 days, employees prepare a conclusion. If the impression of citizens who wish to adopt a child is positive, they are recognized as candidates for adoptive parents.

If a refusal follows, it must be issued in the form of an official letter indicating the reason.

The search for a child can be carried out through the Federal Data Bank of Orphans (http://www.usynovite.ru/db/?p=3&last-search) or a database of video profiles of orphans, also through the public educational institution at the place of residence or the Regional State Traffic Safety Inspectorate operator about orphans.

In the database, a child can be found by region, gender, presence of relatives, year of birth, even name. There are a lot of questionnaires for children with the fifth and fourth health groups.

The OOP issues a referral to visit the child. The document is valid for 10 days.

A candidate for adoptive parents can meet with one of the children. Has the right to communicate with the child, get acquainted with his documents, confirm the fact of familiarization with the medical report on the health status of the selected child.

If candidates wish to see other children, they may receive a different referral.

If potential adoptive parents do not appear at the appointed time to meet the child twice without objective reasons, they are removed from the adoption process as irresponsible and unreliable people.

After choosing a child, candidates submit an application to the court asking to be allowed to adopt the child. The court makes a decision no later than two months after filing the application.

Adoption is carried out by the court. Candidate adoptive parents submit an application with the following information:

The application must be accompanied by all the same documents that were provided to the PLO, as well as a document that confirms the registration of the person as a candidate for adoption.

The case is considered in a closed court session, in which the candidates themselves, PLO officers, the prosecutor, a child over 14 years old, and his biological parents take part.

The rights and obligations of new parents are established from the moment the court decision enters into force. The court sends a copy of the decision to the civil registry office at the place where the decision was made within three days.

Adoptive parents must personally pick up the baby from the child care facility, presenting the consent of the court, and register the adoption with the registry office.

It is preferable for a child to live in a family than in an orphanage, but it is often very difficult for adoptive parents to prove that they meet all the requirements.

One of the families received approval from the PLO for adoption and chose a 9-year-old boy from the orphanage with whom they developed a good relationship.

The boy's biological mother was invited to the trial, who had previously served a sentence in prison, and after her release did not take part in the life of her child. The boy remained in the orphanage.

At the court hearing, the mother repented and began to promise the court that she would take the child. The boy was confused, but the court did not give permission for adoption, and he was left in an orphanage.

Subsequently, it turned out that the mother did not have a regular income or her own living space, and the boy remained in the orphanage.

Often decent and worthy people who dream of becoming parents and adopting a child are faced with legal formalities and cannot fight them.

Let's find out how to take custody of a child from an orphanage.

Guardianship

An alternative to adoption is guardianship. The child is accepted into the home as a foster child. Guardianship is established over children under 14 years old, guardianship over children 14-18 years old.

A guardian has almost all the same rights as parents. But the guardianship authorities regularly monitor the conditions of his detention, upbringing, and education.

Appointed for a term or indefinitely. Guardianship is often used as an interim form of adoption. The level of responsibility is high, but not complete.

Advantages:

the decision on guardianship is made by the head of local government and is processed faster than in court adoptions;
they pay a monthly allowance to the ward, help the guardian in organizing the child’s education, recreation, and treatment;
after 18 years of age, the child is allocated living space;
requirements for guardians are less stringent.

Flaws:

the child may feel inferior due to incomplete belonging to the caregiver's family;
PLO officers may intervene;
a candidate for adoption may appear;
contacts with the child’s biological relatives are possible;
It is difficult to change a child’s surname, but the date of birth is not changed.

To obtain the opportunity to adopt a child, future guardians contact the Public Education Office. Registration may take about three months.

In various forms of placement of a child, adoptive parents and guardians are subject to the same requirements regarding their state of health.

Candidates must not have previously been deprived of parental rights or removed from the duties of a guardian or adoptive parent due to their fault.

Is it possible to take a child from an orphanage for the weekend?

Not all couples have the opportunity to adopt or foster a child. Then, in some cases, they are allowed to take the child away for a while.

Guest mode is also used to get to know the child the family wants to adopt more closely.

This arrangement is even easier and faster, but guest mode is not recommended for children under adolescence. Upon returning to the orphanage, young children perceive it as if they are being abandoned again.

Having been a “guest” once, children and even teenagers then wait for weeks and hope that they will come back for them. “Guest mode” is not only an opportunity to temporarily live in a normal family, but also an emotional burden on the child.

Young children become attached very quickly. And if they are constantly returned and “tied” again, they will forget how to trust.

A child will not be transferred to a family if:

this will be contrary to the child’s wishes, create a threat to his life, health, and violate his rights and interests;
It turns out that the child’s parent, deprived of parental rights, lives with the citizen who took the child “on a visit.”

The total period of stay cannot be more than three months. In some cases it is extended to six months.

If the child’s biological parents were unable for some reason to properly fulfill their obligations, this can be done by adoptive parents, guardians or foster parents.

But both candidates for adoptive parents and guardians must understand that a new family member is a responsibility, it is forever. They will have all the same responsibilities as the biological family.