Foster family and adoption: what is common and what is different

Friends, alas, in our time, before finding long-awaited happiness, you need to go through many levels and obstacles. Adoption involves a huge number of formal procedures. To help you in this difficult but very rewarding task, we are again publishing the material provided to us by the “Change One Life” foundation.

And today we will touch on several topics that are most important for parents who have decided to adopt a child:

— Who can become a guardian and what is SPR — Collecting documents — Communicating with the guardianship and trusteeship authorities — Looking for a child and registering guardianship — Preparing for a new life — Registering a foster family

Introduction: guardianship or foster care

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

By and large, there are only two types of family arrangements in Russia – adoption and guardianship. Legal relations between adults and a child during adoption are regulated mainly by the Family Code of the Russian Federation, and in case of guardianship (as well as guardianship and foster care) - by the Civil Code. Guardianship from guardianship

differs in the age of the child (over 14 years old), and a foster family is a paid form of guardianship , when the guardian receives remuneration for his work. In other words: the basis for creating a foster family is always the registration of guardianship or trusteeship of a child. Therefore, for ease of perception, further phrases “foster family” and “foster parent”, as well as “guardianship” and “trustee” will be used only where it is impossible to do without them. In all other cases – “guardianship” and “guardian”.

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

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

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

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

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

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

What else you need to know about guardianship and foster family – Appendix 1

Pros and cons of foster care

To understand the advantages and disadvantages, foster care is compared to foster care or adoption. Let's look at the pros and cons of this family accommodation.

The advantages include:

• more loyal requirements for candidates for adoptive parents (in comparison with obtaining the status of an adoptive parent);
• material support from the state in the form of benefits, compensation, benefits and other types of social assistance (as opposed to adoption);
• contacts of the adopted child with blood parents and other relatives are provided for (as opposed to adoption);
• the ward retains all rights: to housing, various benefits and benefits when getting a job, like orphans;
• a parent, in the absence of work, is accrued work experience for raising a foster child (as opposed to guardianship and adoption).

Disadvantages include more complex paperwork due to the drafting of the contract. And also the likelihood of refusal to organize a foster family by the guardianship authorities if they suspect the future parents that their goal is to improve their financial situation.

Who can become a guardian and what is SPR

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

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

1) were deprived of parental rights.

2) had limited parental rights.

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

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

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

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

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

suffer from chronic alcoholism or drug addiction

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

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

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

Another important point without a “no”: a citizen applying for the high title of guardian must undergo psychological, pedagogical and legal training - have a certificate from the School of Adoptive Parents (FPS).

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

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

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

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

- a close relative of the child ****.

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

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

— moral and other personal qualities of the guardian;

- the ability of the guardian to perform his duties;

— the relationship between the guardian and the child;

- the attitude of the guardian’s family members towards the child;

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

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

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

Links:

“Anti-guardianship” and dangerous diseases – Appendix 2 Advantages of relatives – Appendix 3

Material support and benefits

Please note that only one parent is entitled to benefits.

For 2019, the list of benefits, benefits and preferences for adoptive families is as follows:

• adoptive parents receive compensation equivalent to three minimum salaries for each adopted child;
• guardians have the right to receive a housing property as individual property;
• for the entire period of caring for a child, caregivers are accrued seniority;
• families have the opportunity to purchase food in special discount stores.

In 2020, each foster family is entitled to a simultaneous benefit of 16,350 rubles, taking into account social security indexing. For families living in regions with special climatic conditions, there is a local indexing coefficient, which also applies to this payment.

In addition, guardians may qualify for a one-time financial payment. At the moment it is approximately 111 thousand rubles for each adopted child. This amount will increase by approximately 3.2% over 12 months, taking into account indexation.

There is a federal one-time payment upon graduation. The family will receive 79,500 rubles in monetary compensation as soon as the child graduates from school. If at the same time the orphan was trained in a specialized center, then the family will be allocated an additional 20,600 rubles.

If the number of children in a foster family, including natural and adopted ones, is more than three, then it is considered to have many children and enjoys the same benefits:

• obtaining pharmaceuticals and nutrition;
• subsidizing housing and communal services costs;
• registration of housing subsidy;
• allocation of a plot of land for the construction of personal living space;
• additional leave;
• premature appointment of a pension.

The patronized child retains all the rights and benefits enjoyed by orphans:

• alimony due to him;
• survivor's pension;
• free education;
• receiving housing property from the state, as well as from his biological parents.

Expert opinion

Maria Lokshina

Family law expert since 2010

If parents want to raise several children, an allowance will be allocated for each of them. It should be taken into account that according to the law, a family cannot patronize more than 8 adopted children at the same time.

Collecting documents

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

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

* - find sample documents in Appendix 4

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

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

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

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

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

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

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

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

7. A copy of your marriage certificate (if you are married).

8. Copy of pension certificate (SNILS).

9. Certificate of completion of training (SPR).

10. Application for appointment as guardian.

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

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

Sample documents - Appendix 4

Who can become a foster parent?

It is not necessary that the parents be the persons who entered into the marriage. The composition may include individuals who have the ability to educate and create conditions for the development of minors, however, from the point of view of the law, it is unacceptable for a man and a woman who have not formalized the relationship to become the parents of one child.

There are some restrictions under which obtaining permission is impossible. A person who :

• declared incompetent or partially capable by a court decision;
• deprived of parental rights or limited in rights;
• removed from custody obligations due to non-performance or poor performance;
• ceased to be an adoptive parent by court order;
• suffers from chronic alcoholism, drug addiction;
• physically unable to raise a minor.

The full list of requirements for a candidate to accept a child into a family is given in Government Decree No. 542, approved in 1996, and corresponds to the general list of medical indicators for guardians and adoptive parents.

In addition, a person applying to create a foster family may be refused if he cannot meet the following parameters:

• One of the required documents attached to the application is an extract from the house register, and the lack of your own housing with the right to dispose and use will be a good reason for refusal.
• The applicant must confirm his financial well-being, regular income and sufficient work experience. If experience and earnings cannot be confirmed, the chances of obtaining a permit are minimal, since doubts arise about the possibility of creating comfortable conditions for the life and development of a minor.
• Capacity must be established. If there are court restrictions, when guardianship is granted to a person, he will not be able to become a foster parent.
• If a man and woman intend to become adoptive parents of a particular child, they must marry, because this status is mandatory if a couple applies for guardianship or the creation of a foster family.

In addition to the above requirements, future applicants must undergo special training and receive a certificate.

Read: What is the difference between guardianship and adoption?

Limitations on the number of foster families

In an ordinary Russian family there are no restrictions or prohibitions regarding the number of children, but in this case, the state proceeds from the principle of reasonableness. Every child adopted must receive care and sufficient maintenance.

Paragraph 2 of the Regulations regulating the creation of a foster family introduces a limit on the number of pupils: there cannot be more than 8 minors in a family, including their own children.

We communicate with guardianship and trusteeship authorities

So, your package of documents is with the guardianship and trusteeship authorities.

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

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

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

The inspection report is drawn up within 3 days, after which it is approved by management and sent to you within another 3 days. And only after this, the guardianship and trusteeship authority combines the entire package of documents and issues a conclusion on the citizen’s ability to be a guardian. This may take up to 15 more days. If the decision is positive, this conclusion will become the basis for registration - an entry will be made in the journal within another 3 days.

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

Adoption

Chapter 19 of the RF IC establishes the main points of the adoption procedure in Russia. To adopt or adopt means to consolidate between the adoptive parent and the adoptee the same relationship that exists between natural parents and a son or daughter. This form of child transfer is recognized as a priority by the state. Potential adoptive parents have an advantage over citizens who claim exclusively the role of a guardian or trustee.

Important! You can only adopt a minor and only on the basis of a court decision. To do this, you must first go through the selection process of the guardianship service of the local administration, which will give an opinion on the possibility of assigning the person the status of an adoptive parent. The next step is to go to court with a corresponding application.

Adoption involves not only a strictly regulated procedure. This type of device has other specific features. Among the main distinguishing features are the following:

• the adopted child acquires the status of a full-fledged member of the family and receives all the rights and responsibilities that natural-born children have;
• even after reaching adulthood, a child who is adopted retains contact with his adoptive parents. In particular, this is manifested in the ability to inherit by law after the death of one’s patrons;
• the adoptive parent assumes responsibility solely on an indefinite and free basis;
• The institution of secrecy of adoption is enshrined at the legislative level. The applicant may wish not to disclose the background of their ward. To do this, it is allowed to change the surname, first name and patronymic of the adoptee, and in some cases even the date of birth.

We are looking for a child and obtaining guardianship

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

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

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

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

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

This act is attention! – is issued by the guardianship and trusteeship authority at the child’s place of residence . If the boarding school or orphanage where the child is being raised is far away, try to negotiate with specialists so that they try to accept the application and draw up the document in one day - otherwise you will have to travel to a remote locality twice. The fact is that after accepting your application, the guardianship and trusteeship authority will need to do several more time-consuming things: request information from the institution where the child is being raised, and also hold a guardianship council. As a rule, this takes another 2-3 days.

If everything goes well, you will be invited to the organ

guardianship and trusteeship to obtain the act and certificate of the guardian, and the institution will prepare the child and his documents.

Grounds for termination of the contract

The law establishes the following reasons for termination of the contract for the creation of a foster family:

• the age of the pupil;
• removal of a foster parent for improper performance of duties;
• release of a citizen from the duties of a guardian at his request;
• termination of the contract at the request of the student.

Termination of the contract is formalized in the form of an additional agreement. When the child reaches adulthood, no agreement is concluded; however, a decision is made to terminate payments.

Upon termination of the contract in relation to a minor, the pupil is subject to transfer to the foster care department at the place of residence of the adoptive parents.

Obtaining foster family status is a lengthy process. A citizen must collect documents, obtain a certificate of surrogate parent courses, obtain a conclusion and select a pupil. To obtain the status, the applicant must meet the requirements established for candidates for guardianship.

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Getting ready for a new life

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

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

* - a list of the child’s documents can be found in Appendix 5

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

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

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

Documents from the child’s personal file – Appendix 5

Registration of a child's adoption into a family

The final step, after all the preliminary preparation has been completed, consent has been given by the guardianship authorities, the candidates for adoptive parents have become acquainted with the child, the fact of creating a foster family should be legally completed:

• in the case of registration of a foster family (guardianship), the guardianship authorities issue an act (decree, order, instruction) on the appointment of the candidate as a guardian;
• The decision on adoption is made by the court within two months after filing the application.

At the same time, the foster family receives the documents necessary for further upbringing, education, seeking medical help and other social services:

• child's birth certificate or passport (for wards over 14 years old);
• his medical card and compulsory health insurance policy;
• a court decision to deprive biological parents of parental rights;
• death certificate of the child's parents;
• documents on the criminal record of the parents (parent);
• educational documents for school-age children;
• bank documents, if there are deposits and open accounts in the child’s name;
• an inventory of the ward’s property and documents confirming his rights to own tangible and intangible assets;
• other documents.

Some documents from the above list may be missing for various reasons, which is not a reason for refusal to issue a foster family agreement

And then life begins. The first days and even months of living together with a new group may seem difficult and this is natural: there is a grinding in of characters, internal assessment and analysis of each situation. To make this difficult period as comfortable as possible for both the child and other members of the foster family, adults need to show patience and love, and, if necessary, consult with a child psychologist.

Cash rewards

Upon adoption, monetary rewards are provided in the following cases:

• 
  a lump sum payment is required, the amount of which depends on the relevant federal law and on the individual characteristics of the adopted child. For example, this applies to disabled children, simultaneously adopted sisters and brothers, children under 18 years of age;

• women who are employed and have adopted a child under 3 months of age. In this case, the amount and terms of payments are prescribed by current legislation;
• monthly payments for the period of caring for the child - up to the age of 1.5 years, as in the case of natural children. The amount is calculated based on the average salary for the last 12 months and is 40% of this value;
• maternity leave - occurs in the same order as for parents of natural children;
• Maternity capital can be obtained by submitting the appropriate application.

Each foster parent is entitled to the following payments:

• monthly allowance, which is 9200 for each child;
• allowance for a child adopted into a family under 3 years of age or with limited health capabilities who is a disabled child. In this case, the standard payment of 9,200 rubles increases by 3,450 or 4,600 rubles;
• payments from profits from the property of the ward, if the agreement was concluded on compensated terms, amount to 3,000 rubles monthly;
• an annual cash allowance to purchase basic necessities and pay for services that are vital for the child.

To receive any benefits, you must submit an application to the guardianship authorities. Payments are not provided automatically.

The procedure for forming a foster family

Now, it’s time to consider step by step how to take a child from an orphanage and thereby create a foster family. To do this you need:

1. Submit the package of documents established by law to the nearest guardianship authority.
2. Wait until the employees of this social organization check the submitted papers. They have 3 days to do this. After that, they enter the data into the database and check the living conditions of persons who have indicated their desire to create a foster family.
3. After this, the applicant waits 10 days before the guardianship authority makes a decision, and if the answer is positive, the persons receive the appropriate referral to orphanages, where they can get acquainted with the child’s personal file and communicate with him. Also, during this period, parents may insist on additional medical examination of the child.
4. Then the parents write a statement, thereby confirming their desire to take a child or several children into the family.
5. The next stage of registration of a foster family is the preparation of an agreement for the transfer of the child to the family and its signing.
6. The last step in registration is the calculation of social benefits.

Documents for obtaining guardianship of a child in 2020

So, at the initial stage described, you will need to collect the following documents:

• a written statement from each family member of the applicant parent;
• Marriage certificate;
• a police certificate confirming no criminal record;
• autobiography;
• certificate of the applicant’s family composition;
• medical certificate about the health status of the parents;
• title or other similar documents for a house or apartment, if any are owned by the applicants;
• certificates from the applicants’ place of work, which must indicate positions, characteristics and actual wages.

EVERYONE NEEDS TO KNOW THIS:

How to cash out maternity capital

Child custody forms

Before you figure out how foster parents differ from adoptive parents, you need to define the concepts of forms of guardianship:

1. guardianship This is when a child is accepted into a family as a foster child. Guardianship is established over children whose age has not yet reached 14 years. The guardian has all the rights of parents in matters of education, maintenance and responsibility for the child;
2. adoption . The role of adoptive parents is played by parents who take on all the responsibilities and rights of caring for a new family member, which is the highest degree of responsibility for the fate and life of the child.

What is better: guardianship or adoption of a child?

Benefits of adoption:

• the opportunity for the child to feel like a full-fledged member of the family;
• preservation of all inheritance rights;
• the opportunity to change the child’s first name, last name, patronymic and, if necessary, date of birth.

Cons of adoption:

• requires court approval;
• registration takes longer;
• little help from the state;
• strict requirements for candidates.

Benefits of guardianship:

• guardianship is processed much faster than adoption;
• child benefits are paid every month;
• the state provides all necessary means for education, recreation and treatment of the person under guardianship;
• more lenient requirements for candidates.

Cons of guardianship:

• with a high probability, a child at an older age will not feel that he belongs to the guardian’s family;
• there is no confidential transfer of the child into guardianship; his blood relatives can communicate with him;
• It will be very difficult to change a child’s last name, and it will be impossible to change his date of birth.

Where to go?

A citizen must declare his desire to become a foster parent to the guardianship authority. The basis for drawing up the relevant agreement in this case is an application.

The application is reviewed within 15 days from the date of submission of documents and application. Employees of the guardianship authority will prepare a conclusion that will be valid for 2 years from the date of its receipt.

Responsibilities of a foster parent:

• creating conditions for a minor to receive an education;
• upbringing;
• caring for physical, moral development, and health.

The adoptive parent is also the child’s legal representative: he protects his interests and rights, including in court. He has the right to place the ward in preschool institutions and resolve issues related to upbringing, taking into account the interests of the child.

How is adoption different from foster care?

It is stated above that a foster family exists on the basis of an agreement. Foster parents are paid a salary for raising a minor. At the same time, the child knows that he was taken into care until he reaches 18 years of age.

If adoption is carried out, then you can keep it secret, in this case:

• the child moves to a new family as a natural child, to whom it is possible to transfer property in the future and who will receive an inheritance after the death of the adoptive parents;
• it is possible to change a minor’s full name in accordance with current laws;
• The registry office issues birth and adoption certificates.

There are several disadvantages of adoption, namely:

• registration takes longer, a court decision is required;
• There are no subsidies from the state when adopting an infant into a family; they are provided only to biological parents;
• It is necessary to have your own home and a sufficient level of income;
• There are restrictions on adoption (it is necessary to obtain consent from relatives, if any).