Maternity capital when adopting a child in 2020: is it provided?

In Russia, caring for children who have lost the care of their natural parents is one of the state's priorities.

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Adoption is considered one of the most common and desirable forms of placing children in families, which allows the child to fully develop in society, as well as live in a warm family environment.

To stimulate adoption in Russia, the state offers adoptive parents quite good monetary benefits, which are used to improve the living conditions of the family that adopted the child.

In some situations, adoptive parents receive the right not only to receive adoption benefits, but also maternity capital, which the state pays to all families after the birth of children.

Is maternity capital provided upon adoption?

By issuing maternity capital, the Russian state supports families with children. Subsidies from the federal budget can be used for the construction or purchase of housing, education of children, or savings.

Until 2020, only families with two or more children could apply for maternity capital. But this year, changes were made to Federal Law No. 256 “On additional measures of state support for families with children,” according to which families raising one child can also apply for maternity capital. It does not matter whether the child is natural or adopted.

Recipients of maternity capital can be:

Women who gave birth or adopted a child.
Men who have adopted a child on their own.
Men, parents or adoptive parents of a child, if their wife (mother or adoptive parent of this child) has died, are deprived of the status of an adoptive parent or parental rights.
Children whose parents or adoptive parents have died or have been deprived of parental rights and the status of adoptive parents.

Thus, after legislative changes, the list of opportunities to obtain maternity capital has expanded.

Who can count on payment

In the case of adoption, they are interested in whether capital is provided by the state and who can arrange it. The following may apply for benefits:

A woman who has one and adopts a second offspring into the family or who adopts two children at once.
A man who is already raising one minor citizen welcomes a second child into the family.
Adoptive parents who establish parental custody of children, if a payment could have been established for these minors, but was not used. Applies to those children whose parents have died/lost their parental rights.

Maternity capital is assistance addressed to a woman. If the mother at one time exercised the right to payment, then the adoptive parents of the child whose parent died lose the right to assistance.

The amount of maternity capital in 2020

To date, the following standards for maternity capital payments have been established:

466,617 rubles per child.
616,617 rubles for two and three children.

If parents or adoptive parents of two or three children have already used the right to receive maternity capital before the end of 2020, then in 2020 they can receive an additional 150,000 rubles.

Indexation of this subsidy occurs if it was received but not spent and in the case of partial expenditure of the money received (the remaining amount is indexed).

What can you spend maternity capital on?

This subsidy is a type of targeted government support. Accordingly, it can also be spent only on specific purposes.

Immediately after the birth of a child, based on clause 6.1 of Article 7 of Federal Law No. 256 “On additional measures to support families,” maternity capital can be spent on:

Mortgage payment and its repayment.
Payment for preschool education.
Purchasing goods for a disabled child.
Receiving additional payments for the needs of a child under 3 years of age.

Three years after the birth of children, according to paragraph 3 of the same article of Federal Law No. 256, parents and adoptive parents have the right to spend maternity capital on:

Buying a home and building it without a mortgage.
Home renovation.
Payment for children's education.
Cumulative pension of the mother or adoptive mother.

Maternity capital is not issued in cash; it is transferred to pay for targeted expenses. But if the family’s financial difficulties are documented, a monthly payment in the amount of the subsistence minimum may be allocated from the amount of maternity capital.

It is worth knowing that any methods of cashing out maternity capital are a violation of the law, for which criminal liability is provided.

Targeted use of maternity capital

Initially, it was intended that maternity capital had a specific purpose. What does it mean? The funds are not issued in cash, but are transferred after the mother or father submits an application to the Russian Pension Fund (RF PF). Each request is considered from the point of view of compliance with the objectives. The legislation provides for the possibility of using maternity capital in the following areas:

improvement of living conditions;
education of any child;
purchasing goods and services for disabled children;
the funded part of the mother's pension.

Maternity capital is not issued for “hands-on” or other purposes. If a family has financial difficulties, the state will help. A monthly allowance is issued from the certificate funds, which is equal to the subsistence level in the given region. The family receives “real” money only if it can document its status. This is possible if you have the following documents:

application to the Pension Fund of the Russian Federation;
passport;
certificate;
certificates from the place of work and wages;
other documents that indicate income.

Each family member should receive no more than one and a half living wages. The subsidy is issued until the child reaches 1.5 years of age. This may be a natural or adopted child, after whose birth maternity capital was issued.

Such assistance from maternity capital funds is not the only one. Since 2009, one-time benefits have been issued, the amount of which has increased every year. In 2020 it was equal to 25,000 rubles .

Conditions of receipt

Adoptive parents can receive maternity capital only if:

The right to it has not yet been used.
The court decision on adoption has already entered into force.

It is also necessary to take into account that the right to receive maternity capital by adoptive parents depends on its receipt by the blood mother:

When the mother receives and uses capital, the adoptive parents have the right to receive another certificate.
If the mother received it but did not use it, then the right to use these funds passes to the adoptive parents and they are not issued a new certificate.

Receiving money takes place within a strictly defined procedure.

Who can apply?

In the case of adoption, the following categories of adoptive parents receive the right to maternity capital:

women who adopted a child while raising one natural or adopted child;
men who adopt a child while raising their own or an adopted child;
adoptive parents of children whose mothers had the right to receive maternity capital, but did not have time to exercise this right due to death or deprivation of parental rights.

You can receive maternity capital only for an adopted child born after 2007.

Detailed conditions are specified in law 256-FZ. In addition, in most cases, obtaining maternity capital is possible only for the second and subsequent children in the family.

In some situations, the right to receive maternity capital may pass to a woman’s husband, who takes her children from a previous marriage for adoption after the death of the children’s mother.

It is believed that the right to receive maternity capital is canceled if a person has been deprived of parental rights to the first adopted or natural child.

In practice, such a situation is impossible, although it is regulated by law, since the above categories of the population simply do not have the right to adopt a child due to non-compliance with legal requirements.

Step-by-step action plan

For adoptive parents, the algorithm of actions to receive a subsidy in the form of maternity capital includes:

Preparation of documents.
Contacting the Pension Fund at your place of registration.
Obtaining a certificate.
Use of funds.

From April 15, 2020, certificates will be issued even without an application from the recipients. The pension fund will have the right to issue maternity capital on the basis of:

Civil registry office data.
Information issued by municipal authorities upon request.

In practice, immediately after registration of adoption, the Pension Fund will independently check the documents and send a certificate to the adoptive parents. But if they wish, they can apply for it themselves. They retain this right.

Collection of documents

Obtaining a certificate for maternity capital is possible only if you provide:

Statements.
Passports.
Marriage certificates.
Certificates of birth, adoption or adoption of children.
A court decision on adoption that has entered into force.
SNILS of adoptive parents and children.

When applying for a certificate of a child, and not his adoptive parents, he must submit documents giving the right to such an application. They are:

A court decision on the sole adoption of a child by a man.
Death certificate of his adoptive mother.
A court decision to cancel an adoption.

Local authorities will provide the missing documents upon request of the Pension Fund.

Basics

According to the general rule, when adopting a baby, a family can count on being given maternity capital. At the same time, the amount of payments, as well as the procedure for their calculation, will be common, which is due to the equal rights of biological and adopted children. But maternal capital when adopting a child is still associated with a number of minor features. The main ones include:

the baby must be the second in the family, and the date of birth of the adopted child must be later than January 1, 2007;
persons who adopted a baby must be citizens of Russia;
no matter how many children are adopted, the amount of payments and the procedure for calculating them will not change (at the beginning of the current calendar year, maternity capital amounted to 453 thousand rubles);
if we are talking about the legal registration of the rights of a parent in relation to the child of one of the spouses from a previous marital relationship, then this fact will not be considered such that the family has a second child, and payments will not be due.

The funds paid have a strictly designated purpose and can be spent in one of the following ways:

payment for children's education;
buying a new home;
carrying out renovations in the current house;
payment of mortgage debt;
transferring funds to the savings account of the mother of the children in order to receive interest.

Appeal to the Pension Fund of the Russian Federation

Only the Pension Fund of the Russian Federation has the right to issue a certificate for maternity capital.

You can submit documents to it:

Personally, at your place of residence.
Via the official website.
Through MFC.
On the State Services portal.

The application is filled out on a special form. At the end, the applicant puts his signature.

The text of the application must indicate:

Name of the local branch of the Pension Fund of the Russian Federation.
Adoptive parents' information.
Passport data.
Citizenship.
SNILS.
Residence and registration address.
Telephone.
Passport details of the authorized person (if he is involved in submitting documents).
Method of obtaining a certificate: in person, by mail, at the MFC or on the State Services portal.
Type of certificate (paper or electronic).
Address for sending it.
List of attached documents.
Signature.

In exchange for the application and documents, the applicant will be given a notice of acceptance of the application and the date of issue of the certificate.

MFC and Pension Fund specialists are required to keep the secret of adoption, which they learn when submitting an application for the issuance of maternity capital. Disclosure of this secret is punishable under Article 155 of the Criminal Code of the Russian Federation.

Procedure for receiving maternity capital for adoption

Adoptive parents have the right, but are not obligated, to receive government support in the form of maternity capital.

Step-by-step action plan

The procedure for registering maternity capital by substitute parents:

preparation of documents;
appeal to the Pension Fund of the Russian Federation at the place of registration;
obtaining a certificate;
disposal of state support funds.

Expert opinion

Semyon Frolov

Lawyer. 7 years of experience. Specialization: family, inheritance, housing law.

According to the changes that have come into force, you can obtain a certificate without an application as early as 04/15/2020 . This means that, without waiting for an application from the adoptive parents, the Pension Fund of the Russian Federation can issue a certificate based on the data...

received from the unified civil registry register;
received through an interdepartmental request from state and municipal authorities.

(Clause 1.1 -1.2 of Article 5 of the Federal Law of the Russian Federation No. 256 as amended on 03/01/2020 “On... measures of state support for families...”).

This means that immediately after the state registration of the adoption of a child, data from the registry office will be sent to the Pension Fund. After checking the received data and making sure that there are no restrictions or grounds for refusal, the Pension Fund will issue certificates and send them to the adoptive parents.

Parents and adoptive parents will no longer have to independently contact the Pension Fund of the Russian Federation, collect documents and ask for a certificate.

At the same time, parents and adoptive parents will retain the right to personally apply to the Pension Fund of the Russian Federation in the manner described above.

Collection of documents

To obtain a certificate, you need to prepare the following documents:

application (on a standard form);
passports of adoptive parents;
marriage certificate;
birth certificate, adoption certificate of all children;
a court decision on adoption that has entered into force;
SNILS of adoptive parents;
SNILS for children.

If it is not the adoptive mother who applies for the certificate, but the adoptive parent or adopted child, you must submit a document that confirms this right:

a court decision confirming the adoption of a child by a man alone;
death certificate of the adoptive mother;
court decision to cancel the adoption in relation to the adoptive mother.

The pension fund can independently request the missing documents from local authorities or self-government bodies.

Appeal to the Pension Fund of the Russian Federation

The only government body that is authorized to issue certificates and control the use of maternity capital is the Pension Fund of the Russian Federation

There are several ways to submit documents ...

directly to the department of the Russian Pension Fund at your place of residence;
through the official website of the Pension Fund of the Russian Federation (pfrf.ru);
through the MFC, which provides intermediary services between citizens and government bodies;
through a single portal of public services (gosuslugi.ru).

The application is a form in the prescribed form, which is filled out by a PF or MFC employee and signed in person by the applicant.

The application shall indicate the following information:

name of the local body of the Pension Fund of the Russian Federation;
details of the adoptive mother (adoptive parent): full name, gender, date of birth;
passport details;
citizenship;
SNILS data;
place of registration and residence;
telephone;
data of the authorized person: full name, gender, date of birth, passport details;
children's details: full name, gender, date and place of birth, citizenship, birth certificate details;
details of the child whose adoption gave the right to receive a certificate: full name, date of birth, order;
method of obtaining a certificate: in person, by mail, through a single portal, through the MFC;
type of certificate: paper or electronic;
address for mailing the certificate;
list of applications;
signature.

(according to the “Rules for submitting an application...” approved by Order of the Ministry of Health and Social Development of Russia dated No. 1180n).

Documents are attached to the application.

After submitting the application (along with the attached documents), the applicant receives a “stub” - confirmation of the application and a reminder of the date/time of receipt of the certificate.

Important! A specialist from the MFC or Pension Fund of the Russian Federation, having received an application from the adoptive mother or adoptive parent, is obliged to keep the secret of adoption, otherwise he will be held liable for its disclosure (according to Article 155 of the Criminal Code of the Russian Federation).

Obtaining a certificate

The certificate issued to adoptive parents is no different from the certificate received by the natural parents of children. It does not contain any special marks.

The form of the certificate was approved by Order of the Ministry of Health and Social Development of Russia N 1180n as amended on November 20, 2018.

You can get a certificate...

in person - in the branch of the Pension Fund of the Russian Federation where the application was submitted;
by mail;
in the MFC;
through a single portal of public services.

You can indicate your preferred method of picking up the document when submitting your application.

Deadlines

The Pension Fund of the Russian Federation makes a decision on the issuance of maternity capital within 15 days from the date the adoptive parents submit the application. In exceptional cases - to verify documents and request additional data - this period is extended to 30 days. (according to Part 3 of Article 5 of the Federal Law of the Russian Federation No. 256).

Obtaining a certificate and deadlines

The form of the document for the issuance of maternity capital is identical for both the parents of children and their adoptive parents. It was approved by the Ministry of Health and Social Development in Order No. 1180n of 2020.

By indicating their preferred method of receiving the document, adoptive parents will be able to pick it up:

Personally at the Pension Fund.
At the MFC.
Through the State Services portal (electronically).
Receive by mail.

The Pension Fund must make a decision on the distribution of capital within 15 days. If it is necessary to request and verify additional documents, this period can be increased to 30 days (in accordance with Part 3 of Article 5 of Federal Law No. 256).

How can I use the certificate?

Maternity capital upon adoption is given only for certain purposes. You cannot cash it in and buy necessary things for children. Many parents are unhappy with this fact, but the state made this decision in order to respect the rights of the child. Unscrupulous mothers are too common, and when adopting a baby, they could waste the cashed certificate. You can manage maternity capital as follows:

Pay part of the amount when purchasing real estate or taking out a mortgage loan. An apartment or house can only be located within the Russian Federation. After the purchase, it is important not to forget to register the adopted child at a new address within a year, otherwise an amount equivalent to maternity capital may be required to be returned in court.
Pay off some of your existing mortgage debt. If the housing loan was issued before the adoption of the baby, then the resulting maternity capital can be used to pay off the debt.

The certificate can be used for the purchase of real estate and mortgages even if the person being adopted has not yet reached the age of 3 years.

Educate children. With the help of a certificate, you can pay not only for your child’s higher education, but also for his classes in kindergarten, school and technical school. However, capital can be used in this area only until the adopted child reaches the age of 25.
Improve the living conditions of disabled children. This method of managing a certificate appeared not so long ago - in 2016. Matkapital is used to pay for computers, equipment, and special means of transportation if the first or second child in the family has disabilities.
Send it to the funded part of the mother's pension. If the family has good income and there are no plans to purchase real estate yet, then you can look into the future and increase the mother’s pension. When grandchildren appear, such a bonus will be very useful.
Receive monthly payments for caring for a child under one and a half years old. When adopting, the mother can also go on maternity leave if the baby is still very small. An additional monthly amount is a good help for a family with two small children and a non-working mother.

Reasons for refusal

The legislation of the Russian Federation defines a number of restrictions on receiving maternity capital for an adopted child. These include:

There is no right to receive a subsidy, since the court decision on adoption has not yet entered into force.
Loss of such a right due to the death of the adoptive parents, deprivation of their parental rights, their commission of a crime against the child, or cancellation of the adoption.
Indication of inaccurate information about children (their number and citizenship).
Previous use of maternity capital.

The refusal must be in writing and delivered to the applicant within 30 days.
Based on this document, applicants for maternity capital can submit an application again after eliminating the reasons for the refusal or appeal the refusal in court. Facebook