Requirements for candidates for guardians (trustees), or who can adopt a child from an orphanage

Definition of guardians and trustees

Despite the fact that the concepts of “guardian” and “trustee” are often identified, there are still some differences between them, fixed at the state level.

The guardian is involved in the educational process of children under the age of 14, as well as adolescents and adults whose legal capacity is limited due to various reasons, for example, due to the presence of mental illness. The guardian supports the ward at the expense of financial assistance from the state, or taking into account other possible income of the child, for example, a survivor's pension or alimony payments from biological parents.

With regard to property management issues, the guardian is obliged to carry out any transactions exclusively with the permission of the guardianship authorities. The main task of the guardian will be to control the property interests of the ward, while ensuring that they do not suffer or decrease.

A guardian is appointed for adolescents aged 14 to 18 years. In addition, a guardian can be appointed to adult citizens who have limited legal capacity due to problems with drugs and alcohol.

The trustee primarily performs a supervisory function over his/her wards. In particular, he ensures that the interests of the ward are not violated, and also gives permission to carry out various transactions, but subject to their absolute legality.

Adoption from an orphanage

There are special conditions and requirements for adopting a child from an orphanage - such a child requires a separate permit to transfer him to another family. If the baby is abandoned in the maternity hospital, the mother signs such permission immediately. In other cases, this function is assigned to the guardianship authorities.

To pick up a baby from an orphanage or baby home, the following conditions must be met:

1. Do not separate brothers and sisters (Article 124 of the Family Code). Part 13 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 8 of April 20, 2006 allows this only if they initially lived separately or are unable to live together for health reasons.
2. Make sure that the child is at least 16 years younger than one of the adoptive parents (Article 128).
3. Make sure that the adoptee does not mind becoming a member of this family if he is over 10 years old (Article 132), and obtain his permission to assign a new surname (and, if desired, a first and patronymic name) (Article 134).

All minors left without care are entered into the data bank of the constituent entity of the Russian Federation and the all-Russian register. On the appropriate sites, you can preview children without traumatizing them with the selection process.

Requirements for guardians and trustees

In accordance with current legislation, a guardian and conservator can be appointed only in cases where they meet certain criteria set by the state. We are talking about the full legal capacity of a potential guardian (trustee) and his or her reaching 18 years of age.

At the same time, citizens cannot become guardians (trustees) for the following reasons:

• If a potential candidate has limited or deprived parental rights. However, there are situations when the mother is deprived of parental rights, but the father is not. In such a situation, the father may be appointed as a guardian if he meets all the criteria.
• If the candidate was removed from performing the duties of a guardian (trustee) due to his own fault;
• If the potential guardian has problems with drug or alcohol addiction;
• If the guardian has a criminal record or has been subject to criminal prosecution due to offenses committed;
• If persons who are in a same-sex union, confirmed by the legislation of the country in which the registration took place, are trying to become guardians;
• If the potential trustee suffers from serious illnesses, in particular mental disorders, tuberculosis and other serious infectious diseases. In addition, those citizens who are registered with the state as group I disabled people, or who have had problems with drug addiction, alcoholism and substance abuse, will also be denied.

Can single women/men apply for adoption?

There are no requirements in current legislation regarding the gender of a potential adoptive parent. The most important thing is that the person is an adult. He must also have a permanent job and a stable income.

If he has a criminal record or a serious pathological illness from the list of diseases that make adoption impossible, then the citizen will be refused.

Single men and women who are not married or in a relationship may apply to adopt a minor child if they meet all the eligibility criteria.

Guardianship officials cannot refuse a person just because he is not legally or civilly married. Consequently, single people can apply to adopt a minor child.

Selection of guardians and trustees

When choosing a guardian or conservator, many factors are taken into account. In particular, only a person who has reached the age of 18 and has full legal capacity can become a guardian. Preferential rights in the appointment of guardianship are also established for close relatives of the person in respect of whom guardianship is appointed.

At the same time, when choosing a guardian, the following must be taken into account:

• The desire of the child (provided that he is 10 years old) to choose a guardian or trustee;
• The relationship of the potential guardian with the child, as well as the attitude of his family members towards the ward;
• Moral characteristics of a potential guardian and the basis of his behavior in society and within the family;
• The ability of the guardian to fulfill the obligations assumed, namely the ability to find a common language with the ward and the ability to positively influence the development of the individual.

How does the process of establishing guardianship and trusteeship work?

The registration procedure itself takes a fairly long period of time, which is explained by the need to collect a large list of documentation.

Each person wishing to take custody or guardianship of a child is recommended to adhere to the following algorithm of actions:

• Collect the required list of documents, which is established by current legislation;
• Submit an application to become a guardian and trustee to social services. The previously collected documents must be attached to the completed document;
• Wait for the application to be reviewed by a special commission;
• The living conditions of the candidate for guardian or trustee are checked;
• Wait for the decision of the social service manager;
• If approved, a guardianship or trusteeship agreement is concluded.

The current legislation prescribes a number of methods of social support for citizens who formalize guardianship.

Also, government payments and other preferences are expected for such categories of citizens.

Documents for registration

In order to obtain the right to receive this status, you will need to prepare a list of papers defined by regulatory documents.

These are:

However, it must necessarily contain the following information:

• Date of birth;
• Civil status;
• Place of official work activity;
• Availability of education and place of study;
• Presence or absence of own children;
• Other important moments from the applicant’s life.

You can get a reference for a minor from the guardianship authorities or a boarding school, and for a candidate - at the place of official employment, or from close relatives or neighbors.

Data bank of guardians or trustees

Currently, guardianship and guardianship of children is becoming an increasingly popular phenomenon. This is primarily due to changes in the financial situation of families and their ability to support the ward both morally and materially.

In order to be able to quickly place children in foster families, the state created and developed a unified database of guardians and trustees. Having received the consent of the guardian to fulfill his duties, the state can transfer the child into his care.

The database contains information about all persons who are ready to become guardians and trustees, as well as information about persons who have discredited themselves. In particular, if the guardian failed to fulfill the obligations assigned to him and was removed from the performance of guardianship duties, then he will no longer be entrusted with the child. His personal data is placed in a database, and if necessary, upon request, all the necessary information can be obtained in the shortest possible time.

Who has the right to guardianship?

In 2020, in the Russian Federation, the right to be a guardian is given to a citizen who has received the appropriate conclusion from the guardianship department. To obtain the document, you must contact the guardianship department at the place of registration.

When applying, you must provide a list of documents provided for by Decree of the Government of the Russian Federation of 2009 No. 423:

• passport;
• autobiography;
• consent of all family members to accept the child into the family;
• medical report;
• information about housing;
• income information;
• training certificate.

Additional information is requested by specialists from the district guardianship department. The data is necessary to identify information that impedes the ability to become a guardian.

Procedure for appointing guardians or trustees

The appointment of a guardian or trustee is regulated in accordance with Article 10 of the Federal Law “On Guardianship and Trusteeship”. In order to assume the rights and responsibilities of a guardian, it is necessary to meet all the criteria that the state imposes on such persons. This is full legal capacity, the ability to positively influence the formation of the child’s personality, the ability to fully fulfill all the obligations of the guardian, not only in terms of material supplies, but also taking into account moral and moral aspects.

If the potential trustee (guardian) has passed due diligence, then he must subsequently provide all information and personal information about himself. Only after this can he be allowed to establish guardianship over the person who needs it.

It is worth paying attention to the fact that the preferential rights of a guardian belong to close relatives (grandparents, parents, spouses, etc.). They are the ones who can establish guardianship or guardianship in the first place. If for some reason this is not possible, then a guardian can be appointed by the competent authorities from among those citizens who are ready to take responsibility.

Procedure to be followed by the guardian

To become a guardian or trustee, it is not enough just to meet all the requirements of the law. You need to go through a special procedure and receive a conclusion giving the right to accept the child into the family.

The procedure that all guardians and trustees must go through includes several stages:

1. Completion of training

All applicants for the role of guardians and trustees, except for close relatives of the child (grandparents, sisters and brothers, aunts and uncles), as well as those who are already guardians or trustees, must undergo special training at a school for substitute parents.

This requirement is enshrined in Government Decree No. 423 of May 18, 2009.

The school is a system of theoretical and practical classes on the upbringing and development of a child. The duration of training ranges from several days to several months.

After completing the training, school students receive valuable applied skills and a certificate.

1. Preparation and submission of documents,

The main and mandatory document is a statement of intention to be a guardian or trustee, which is drawn up on a special form and includes basic data (full name, date of birth, citizenship and nationality, passport data, data on no criminal record, material and living conditions , family composition, special education) and a request to transfer the child into custody or guardianship.

The list of documents that are attached includes:

• Passport,
• Certificate of completion of special training for guardians/trustees,
• Marriage certificate, birth certificates of children,
• Autobiography,
• Certificate of completion of training at a school for foster parents,
• Documents confirming ownership or right to use residential premises,
• Certificate of permanent residence within the Russian Federation,
• Certificate of permanent employment,
• Documents on the amount of wages and other additional income,
• Medical certificate of health,
• Written consent of all family members (including children over 10 years old).

Additional information is independently requested by PLO representatives from government bodies and institutions.

1. Checking the living quarters in which the child will live,

A representative of the PLO must visit the guardian/trustee at the place of permanent residence, check to what extent his living space is comfortable, clean and tidy, equipped with furniture and appliances, and complies with sanitary and household standards for the child’s residence.

Based on the results of the inspection, the PLO representative draws up a report.

1. Checking documents and making a decision

Based on the results of checking the documents, the guardianship and trusteeship authority issues an opinion, which gives the right to guardianship or guardianship, or refuses, for which an order or decision is made.

The refusal of the OOP can be challenged in court.

Expert opinion

Semyon Frolov

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

Thus, we see that serious conditions are placed on guardians and trustees. This is due to the protection of children's rights from illegal attacks, abuses, and selfish motives of unscrupulous guardians and trustees.

At the same time, the state takes upon itself the process of theoretical and practical training of persons who want to raise orphans and children abandoned by their parents.

If you still have questions regarding the strict selection of potential guardians and trustees, if you need help in preparing to receive guardianship, if you were unfairly refused, and you want to challenge the refusal, write or call our lawyer.
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Author of the article

Irina Garmash

Family law consultant.

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Rights and responsibilities of a guardian (trustee)

The rights and obligations of the guardian and trustees are also established at the highest legislative level. They are determined by the basic provisions of civil legislation.

In accordance with current regulations, the rights and obligations of a guardian, as well as his responsibility, are equal to the responsibility of parents. Thus, there is a delegation of the rights and responsibilities of parents to guardians and trustees with absolute equalization.

In essence, this means that the rights and responsibilities of a guardian in relation to the ward completely duplicate parental responsibilities.

Based on this, the rights and responsibilities of a guardian and trustee are the same as those assigned to the child’s parents. This is the material maintenance of the child, ensuring the satisfaction of all his needs, the educational process and the integration of the child into society, that is, the creation of conditions for the formation of personal development.

If the guardian does not fulfill his obligations, or the quality of their fulfillment is unsatisfactory, then he will be removed from guardianship and will not be able to become a guardian in the future.

Basic Concepts

The process of registering this right is quite complex and requires care and great responsibility from the candidate for trustee. The main purpose of guardianship and trusteeship is to protect the rights and interests of the child, his upbringing and education.

Rights and responsibilities of a child's guardian

Guardianship of minors can be granted to either a close relative or a stranger.

However, regulatory documents establish priority for grandmothers, grandchildren, as well as sisters and brothers who have already reached the age of eighteen.

Before collecting papers for social services, it is recommended that you familiarize yourself with the basic terminology, which will help you navigate the legislative documents more easily.

The main concepts are the forms of transfer of a child to a family, which are given in the table below.

Conditions prohibiting being a guardian or trustee

The state is attentive to the needs of children, and therefore provides for verification of all persons who have expressed a desire to become guardians. Based on the results of this check, the guardianship authorities will determine whether the person can act as a guardian.

In accordance with Art. 35 of the Civil Code of the Russian Federation, citizens cannot become guardians (trustees) for the following reasons:

• If they had experience of guardianship and were deprived of it by a decision of the court or competent authorities;
• If a person is under investigation or criminal proceedings have been carried out against him;
• If the potential guardian himself did not consent to guardianship, or the refusal comes from a child who could not find a common language with the potential guardian;
• If the potential caregiver has serious health problems.

Guardianship and adoption: differences

Some citizens mistakenly believe that there is not much difference between adoption and guardianship, although in fact there is. Establishing guardianship still has more positive aspects:

• A simpler procedure. It is enough to conclude an agreement with the OOiP. When adopting, applicants first contact the Office of Adoption and Adoption, and then the case is considered in court with the participation of guardianship authorities and the prosecutor's office.
• Possibility of receiving benefits for a minor and alimony from his parents.
• Trustees and guardians in the Russian Federation are provided with a large number of benefits.
• Easy termination of the contract. If the relationship between the child and the guardian does not work out, the contract can be canceled by contacting the Department of Internal Affairs with a statement.

To become a guardian of a minor child, it is enough to contact the guardianship authorities at the child’s registered address with an application and documents for verification. The guardianship agreement is concluded after examining the living conditions of the applicant and making a positive decision by the commission. Establishing guardianship is more convenient than adoption because it requires a minimum of time: the maximum period for completing documentation is 1 month from the date of application to the OOiP.

Payments to guardians and trustees. Benefits for guardians

In accordance with current legislation, all guardians are entitled to certain benefits and cash benefits. It is worth taking into account the fact that payments to guardians are temporary in nature and can be terminated when the term of guardianship ends.

The trustee has the right to receive state financial support to pay for utilities, provide financial support for the child, etc. At the same time, it is worth noting that benefits for guardians and allowances are not established by law, and often depend on regional laws and regulations.

The amounts and size of payments to guardians will depend entirely on regional authorities. Therefore, it is necessary to find out about them in advance from the municipal authorities of your regions.