How to take care of a child from an orphanage in 2020?

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Children who are left without parents for one reason or another end up in an orphanage. Some find a new family, while others are forced to while away their time there until they reach adulthood. For married couples who have health problems or simply decided to do a good deed, it is possible to obtain custody of a child.

Future guardian parents will have to face many obstacles to achieve their goal - collect a complete set of documentation, provide evidence of compliance with mandatory requirements, etc. Applying for guardianship of a child from an orphanage is a complex task and should be prepared for it both morally and practically.

Adopted child from an orphanage

If desired, you can accept a child from three to fourteen years old into the family. The older the student in the institution, the greater the likelihood that he has retained negative experiences. In most situations, children who are left without parental care suffer from pedagogical neglect, lack of social adaptation, and disorders of physical, mental, moral and even sexual development.

The child turns out to be completely unsuited to everyday life and has bad habits. It is impossible to say with certainty that it will be possible to find a child whose parents led a healthy lifestyle. It is necessary to understand that children who ended up in orphanages could face abandonment by their adoptive parents, as a result of which they stopped trusting adults. In addition, there may be jealousy on the part of relatives.

In a word, you will have to be patient and realize that the child has had to go through a lot, including various types of violence. Only by promoting the development of emotional attachment between yourself and the child can you achieve trust and compliance with the rules accepted in the house. Remember that no one has canceled genetics, but much will depend on the chosen style of raising children.

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Child's choice

As a rule, a person has a rough idea of what kind of child he wants to adopt: gender, age, health, and sometimes appearance.

The guardianship authorities have information about children left without parental care. In addition, there is a state data bank. Initial information about the child can be obtained from there. Children’s profiles, including in video format, are also available on the websites of social funds.

Before registering guardianship, a person must establish contact with the future ward. This is especially important when it comes to children who are already 10 years old. From this age, the consent of the minor to the appointment of a guardian becomes decisive. Therefore, it is necessary to meet the child and communicate with him.

The basis for visiting the orphanage and getting to know the child is a positive conclusion about the possibility of being a guardian. The guardianship authorities also issue a referral to visit the child at his place of permanent residence.

The number of meetings required to establish contact is not regulated by law. However, it can be prescribed in the internal rules of the institution where the child is kept. Often the administration insists on about 10 meetings or regular communication within 2 weeks. This period is sufficient to establish contact with the child and understand how he relates to the potential guardian. In some institutions, the child is allowed to live with the applicant for a few days.

The administration cannot prevent the future guardian from communicating with the children. The only reason is the child’s illness or quarantine in an orphanage. But in the latter case, the applicant can take the child with him, provided that he is healthy. The only documents required are a passport and a referral from the guardianship authorities.

Expert commentary

Platonov Alexander

Lawyer

To ensure that the decision is made consciously and the guardian does not abandon it after some time, he has the right to receive detailed information about the child and whether he has relatives. He also has the right to organize an independent medical examination in order to obtain an objective and accurate picture of the health status of the future ward.

Guardianship is established at the place of residence of the minor. Permission to transfer a child to a guardian living in another region is given in exceptional cases. The decision of the guardianship authority is valid for 2 years, so a person has enough time to make a choice. But if some certificates have expired, you will have to get them again.

Pupil from an orphanage

This category of children is the most desirable for many candidates for adoptive parents. This especially applies to married couples who are unable to have their own children for medical reasons. Given this fact, many potential guardians take the child in another region, since there is no such opportunity in the city of their residence.

The absence of negative experiences, the ability to quickly make up for the lack of impressions, and the rapid establishment of emotional contact are the factors why children from an orphanage almost immediately find themselves in a family environment. The main difficulties are the presence of diseases in the child that may appear after 1-2 years, focus on appearance, which can change, as well as the need to take maternity leave.

In addition, candidates who do not have experience raising a child of this age can quickly burn out emotionally, given that they will need to get up at night, learn the first words, and devote a lot of time to a new family member.

How does the adoption process work?

Many people know firsthand that the adoption process is long and difficult. In a certain sense, this is true: preparing documents, passing a medical commission, checks, choosing a child, the trial - all this requires time, effort, and patience.

Expert opinion

Semyon Frolov

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

The upcoming process will not seem so complicated and confusing if you break it down into two main stages:

obtaining an opinion

The right to adopt children is available only to those citizens who have been checked by the Guardianship and Trusteeship Authority (submitted documents confirming the absence of restrictions, passed a check at the place of residence) and received a conclusion.

The conclusion issued by a local authority or self-government body is the basis for going to court.

obtaining a court decision

If the conclusion is received, you can begin the legal process: collect documents for the court, draw up an application requesting the appointment of adoption, then attend court hearings. The result of the trial will be a court decision.

A court decision that has entered into legal force allows the adoptive parents to take the child from the orphanage.

Step-by-step instruction:

contact your local public organization;
attend a school for adoptive parents, guardians and trustees;
undergo a medical examination;
prepare documents;
submit an application for the issuance of a conclusion, attaching prepared documents to it;
prepare living quarters for inspection;
get a conclusion;
prepare documents for the court;
prepare and submit an application to the court, attaching documents to it;
attend court hearings;
obtain a court decision;
carry out the registration procedure at the registry office and pick up the certificate.

Guardianship and trusteeship authority

It is impossible to adopt a child from an orphanage without going through the Guardianship and Trusteeship Authority (CCA).

It is this body of government/self-government that is involved in the family placement of orphans: it selects adoptive parents, advises, sends them for training, requests documents, visits the place of residence and inspects living conditions, and, in the end, makes a conclusion about the possibility or impossibility of adopting child into the family.

The first step for citizens who want to pick up a child from an orphanage is a visit to the local public educational institution for an initial consultation, obtaining a list of documents, and referral to a school for foster parents.

Preparatory school

Attending a preparatory school is a mandatory requirement (clause 12, clause 1, clause 6, article 127 of the RF IC). The school is designed to provide valuable knowledge about child psychology and education methods, the basics of family law.

Upon completion of the school, a certificate is issued.

Only relatives of the child (grandparents, stepmother, stepfather, aunts or uncles), as well as persons who already care for him (guardians and trustees), are exempt from the obligation to undergo training.

Medical commission

Since, in the presence of certain diseases, the law limits the ability to accept a child into the family, you must undergo a medical examination and obtain documentary evidence of health - a medical report.

To do this, you need to go to the clinic at your place of residence (or any other public or private medical institution), and see doctors: a therapist, a phthisiatrician, a psychiatrist, a narcologist, an infectious disease specialist, and also undergo a blood test.

Application for issuance of an opinion

The main document that PLO representatives consider is an application for the issuance of an opinion.

Important! Applications drawn up in free form will not be accepted. The application is drawn up on a single form , approved. By Order of the Ministry of Education of the Russian Federation No. 4 of January 10, 2019 (Appendix 4).

For more information on filling out the application form, see “Application Sample”.

Documentation

The list of documents that need to be collected and submitted to the PIO to obtain an opinion is indicated in clause 6 of Government Decree No. 275, as amended. dated 12/14/2019.

It includes the following documents:

autobiography;
employment certificate (indicating the amount of earnings);
certificate of place of residence;
certificate of ownership of housing;
health certificate;
marriage certificate.

Having received the documents, representatives of the PLO must check the accuracy of the data contained in them, and also request additional data (on a criminal record, on social security, on the cohabitation of relatives at the place of residence) - in an interdepartmental manner.

Read more - “What documents are needed to adopt a child”

Checking your place of residence

No later than 3 days after submitting the application and documents, you can expect representatives of the PLO. They are required to visit the applicant at his place of residence, inspect the apartment (house), and assess the suitability of the housing for living together with an adopted child.

Does the adoptive parent have to be the owner of the property? No. The residential premises in which the adoptive parent intends to live with the child may be rented from third-party owners, may belong to relatives, or may be held as bank collateral during the mortgage payment process. The main thing is the right of permanent residence, as well as decent living conditions suitable for living together with a child.

What should a living space be like? First of all, it is spacious enough for a family to live together. There are no special requirements for the area, but it is believed that there should be at least 12 square meters per resident (including a child) - this should be enough for sleep, children’s leisure, and education.

If a child is over 10 years old, he should not live in the same room with relatives of the opposite sex, including siblings.

The living space should be warm and clean, free from parasites and insects, mold, and dirt. It is important to have communications - water supply and sewerage, electricity, gas, heating.

The proximity of the kindergarten and school, clinic, public garden or playground is also taken into account.

Based on the results of the inspection, an act is drawn up (clause 9 of the Decree of the Government of the Russian Federation No. 275, as amended on December 14, 2019). This document, among others, is considered by the PLO commission when making a decision to issue an opinion, and is also then submitted to the court.

Obtaining a conclusion

The conclusion issued by the PLO confirms that the citizen has submitted all documents and passed a check at the place of residence, has no restrictions and can be an adoptive parent.

The conclusion must be issued no later than 10 days after the application is accepted.

Child selection

Having received the conclusion, you can begin to search for a child who will be accepted into the family.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The process of searching for a child needs to be discussed separately, since there is a misconception that you can arbitrarily and freely visit orphanages and orphanages and choose the boy or girl you like among the pupils of children's institutions. This is wrong.

There are different children in orphanages. Not all of them have the status of an orphan or a child deprived of parental care (for example, some have parents who were not deprived of parental rights and did not consent to the transfer of the child to someone else’s family), therefore, not all can be adopted. (Clause 1 of Article 121 of the RF IC, Decree of the Government of the Russian Federation No. 275).

Free visits to such children in the orphanage are prohibited.

Data about children who can be adopted is contained in special databases - federal and local. In databases you can search for a child according to location, gender, age, health, presence of siblings, and appearance.

Access to the database is provided on the basis of an application, which is accompanied by...

conclusion;
a completed questionnaire with wishes and preferences regarding the child;

Once you have access, you can begin selecting a child.

If a child in the database matches your request and wishes, you can receive a referral to meet the child.

The validity period of the referral is 10 days. During this period, no one else will be able to visit the child you have chosen, and you are given the opportunity to meet and get to know him, study his documents, talk with the head of the orphanage and the teacher, find out about his life circumstances, relatives, health, and, if desired, even conduct an independent medical examination to personally verify the absence of serious illnesses.

After 10 days, you need to make a decision : refusal (and further search) or consent to adoption of the selected child.

Preparing for trial

If a child is selected and it is decided to take him away from the orphanage, preparations for the trial can begin.

The trial is conducted in special proceedings (according to Chapter 29 of the Code of Civil Procedure), which means...

an application is submitted to the court for consideration;
court hearings are held behind closed doors;
defendant - absent;
dispute and competition – absent;
interested parties are invited to participate in the trial : the prosecutor, representatives of the public organization, the management of the institution where the child was, sometimes the child’s relatives/parents (Article 273 of the Code of Civil Procedure of the Russian Federation);
the child, if he is over 10 years old, is also invited to the court hearing.

Application to court

The application submitted to the court must be drawn up in accordance with Art. 270 Code of Civil Procedure of the Russian Federation, and contain the following data:

name, address of the court;
applicant details: full name, address;
data of interested parties: name, address of local public organization, prosecutor's office, orphanage;
title “Statement...”;
child's details: full name, date of birth;
information about the parents, as well as a description of the circumstances on the basis of which adoption is permissible (death of parents, deprivation of parental rights, recognition of parents as incompetent),
information about brothers and sisters;
references to legislation (Chapter 19 of the RF IC, Chapter 29 of the Code of Civil Procedure of the Russian Federation);
petition: make a decision on adoption, on changing the last name, first name, patronymic, date and place of birth of the child, information about the parents in the vital records;
list of supporting documents;
date of;
signature.

Sample application to the court for adoption

Documents to court

The application must be accompanied by documents that confirm each argument or circumstance specified in the application (Article 271 of the Code of Civil Procedure of the Russian Federation):

conclusion of the PLO;
certificate confirming completion of school;
certificate from the place of employment (indicating the amount of wages);
health certificate;
criminal record certificate;
act of verification of place of residence;
certificate of ownership of housing;
marriage certificate;

as well as written permission for adoption from...

husband or wife;
child over 10 years old;
from representatives of the PLO;
the head of the orphanage where the child is located.

The court may request additional documents.

Judgment

The duration of the trial (including preparation of the court for court hearings and the court hearings itself) is no longer than 2 months (Article 154 of the Code of Civil Procedure of the Russian Federation).

During the hearing, the court reviews the submitted documents, listens and receives consent from all interested parties who are invited to the hearing, and makes sure that there are no obstacles or restrictions for the adoption of a child.

The adopted court decision comes into force after 1 month.

Registration at the Civil Registry Office

3 days after the court decision comes into force, it is sent to the registry office to carry out the registration procedure (in accordance with Chapter V of the Federal Law of the Russian Federation “On Civil Status Acts”).

Representatives of the registry office...

create an act record of adoption;
make changes to the birth certificate of the child (change the last name, first name, patronymic, date of birth of the child, information about the blood parents) - in accordance with the court decision;
issue a certificate.

Important! There is no state fee charged for carrying out the registration procedure and issuing a certificate.

Peculiarities of guardianship over a child from an orphanage

It is necessary to understand that this form of placing a child in a family has certain specifics that need to be familiarized with. This nuance applies to candidates for adoptive parents.

A woman without a spouse

If unmarried, she is eligible to be a candidate for foster parenthood. A single woman needs to undergo the “School of Adoptive Parents”, psychological diagnostics, create the necessary living conditions and have a sufficient level of income to support an adopted child.

Grandmother and grandfather

They have the opportunity to become guardians not only on a temporary basis, but also permanently, taking into account the proven fact of kinship with a pupil of the institution. This category of relatives does not need to go through the “Adoptive Parent School”. It is enough to collect medical certificates, draw up a report on housing conditions and undergo psychological diagnostics and obtain a conclusion.

With living parents

Registration of guardianship in this case is possible if the parents provide consent certified by a notary. This nuance may appear when parents’ rights are temporarily limited.

Temporary guardianship (given for six months)

She has the right to registration in the following cases:

Parents have a valid reason for their inability to fulfill their responsibilities in raising children (most often health problems). This allows grandparents to obtain guardianship;
Candidates for guardianship would like to take a closer look at the child (most often a guest regime is issued);
Because of the death of his own parents, so that the child would not end up in a government institution. Grandparents have the right to collect documents for up to six months while raising a grandchild. This aspect concerns the circumstances when parents are in prison.

Grounds and conditions for termination

There are 3 grounds for terminating guardianship and trusteeship of a child:

In general cases.
If the guardian refuses.
If the initiative comes from the guardianship authorities.

Each of the reasons is briefly discussed below.

In general cases

According to Art. 29 Federal Law No. 48, in general cases, guardianship or guardianship is terminated in the following situations:

after the death of a guardian or ward child;
in case of expiration of the established validity period of the act on the appointment of a guardian;
upon removal or release of the trustee (guardian) from the performance of his duties.

Also, guardianship and trusteeship are terminated in the cases established by Art. 40 Civil Code of the Russian Federation.

What does it take to refuse?

Guardianship (trusteeship) is also terminated by the will of the guardian (trustee) himself. In such a situation, according to Art. 29 Federal Law No. 48, termination of guardianship of a child is carried out upon the personal application of the guardian. In this case, the reasons why the guardian refuses guardianship do not matter.

Deprivation on the initiative of guardianship authorities

Termination of guardianship (trusteeship) is also carried out on the initiative of the guardianship authority. According to paragraph 3 of Art. 39 of the Civil Code of the Russian Federation, this is possible in the following situations:

in case of leaving a child without the necessary help and supervision;
when wasting the property of the ward;
in the event of a deterioration in the child’s health due to inadequate care;
if a child who has reached a certain age does not attend school.

Important! To remove a child from a guardian, it is sufficient for the guardianship authority to identify a threat of harm to the mental or physical health or development of the child.

Only a legally capable person between the ages of 18 and 60 can take custody of a child. However, a guardian candidate must meet the above legal requirements to become a guardian. If you receive an illegal refusal of guardianship, you can file a claim in the district court and appeal the decision of the guardianship authority there.

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Device forms

There are the following forms of guardianship, which are also worth knowing about:

guardianship and trusteeship. Guardianship is the placement of a child in a family until the age of 14. From 14 to 18 years - guardianship;
foster family. Regulated by the conclusion of a special agreement. The total number of children is no more than eight.
adoption. With this form of arrangement, you can change the baby’s name, give your last name, and be considered natural parents, while maintaining the secrecy of adoption.

Conditions for registering guardianship: special cases

The conditions for carrying out the procedure discussed in this article may differ depending on the specific situation and depend on the type of guardianship. An agreement is concluded between the E&P body and the citizen applying for guardianship. The paper may include a clause stating that relations between the parties will be established on a reimbursable basis.

If a child, who for any reason was left without the care of his mother and father, is in an orphanage, then the interested person only needs to submit an application to accept the child into his family. Such actions often result in adoption. Government agencies will verify the fulfillment of the duties assigned to the guardian. If the minor’s parents are alive, their location is known, and they are not deprived of their rights, then consent must be requested from the mother and father to place the offspring in the applicant’s family.

Temporary representation of children is intended for the purpose of caring for minors who are left without parental care for valid reasons. As already noted, this form of patronage is associated with the involvement of relatives. It is better if the mother and father submit the application themselves. Thus, the OiP will have no reason to request evidence from applicants who have undertaken to provide for minors. This simplifies the procedure, since government agencies only accept documented evidence of long-term absence of parents. Temporary placement of persons under 18 years of age is impossible without the consent of the mother (father).

This is important to know: Does a group 1 disabled person pay child support?

Important! A child from an orphanage can also be adopted into a family on a temporary basis. However, in this case, the requirements for candidates and conditions become noticeably more stringent. This happens when potential patrons or the guardianship structure are uncertain.

Will there be any problems when a single woman or grandmother applies?

Considering that guardianship is issued to one person, a woman can safely submit an application. However, she must realize that it will be difficult for her to raise a child. The guardianship authorities, in turn, pay attention to the financial and living situation of the applicant. If the living space allows you to comfortably accommodate the baby, and the income of the will-maker is sufficient to provide for the minor, then a positive decision is made. In addition, in the event of a divorce, a woman who accepted a child in marriage will not face the need to return the child to the orphanage, since the ward was given to her.

Grandparents have the right to obtain guardianship. To do this, they need to submit a package of papers to the O&P authority. The procedure is carried out if the citizen has not reached retirement age. However, there are exceptions based on parental requests. If mom and dad decide that a retired grandmother should look after the baby, then government agencies will not interfere with this, provided other mandatory requirements are met.

Requirements for candidates for guardianship

At the legislative level, various requirements are imposed on potential guardians:

reaching adulthood;
no financial problems;
availability of suitable living conditions;
absence of a criminal record, especially those that threatened the health and lives of other people;
persons who are not registered with a psychiatrist or narcologist;
persons who, based on a court decision, have not been deprived of parental rights in relation to other children;
persons without group I disability;
persons who do not have the following diagnoses: “oncology”, “tuberculosis”, diseases transmitted by airborne droplets;
persons who have completed the School of Adoptive Parents;
persons who received a positive conclusion based on the results of psychological diagnostics.

Who is prohibited from being a trustee in Russia?

According to Art. 146 of the RF IC, the following persons cannot become guardians of a child:

persons deprived of parental rights;
persons with a criminal record (expunged or unexpunged);
persons in a marriage between persons of the same sex;
persons who have not undergone special training in the manner established by paragraph 6 of Art. 127 RF IC (except for close relatives of the child);
unmarried foreigners residing in a country where same-sex marriage is recognized.

Attention! When establishing guardianship of a child, the opinions of all family members of the candidate for guardian about the child are also taken into account. From the age of 10, the will of the child himself to be taken into custody by a specific person is also taken into account (Clause 4 of Article 145 of the RF IC).

Guardian rights

Citizens who have adopted children into a family have rights that should not be forgotten:

the opportunity to choose a parenting style that should not infringe on the rights and interests of the child or harm his health or life;
choosing an educational institution for the child;
the ability to manage the finances that are paid for the maintenance of the ward;
go to court if it is necessary to return the child from relatives who are holding him for a long time without informing the guardian;
filing applications to provide financial support for the child;
implementation of all measures to ensure the protection of the rights and interests of the ward, which are permissible from the point of view of acts of legislation.

Payments to guardians

Raising an orphan child requires not only psychological and pedagogical, but also financial resources, therefore the state provides several forms of material support:

Payment to the guardian/trustee under a paid guardianship agreement.

The legislation (Clause 2, Article 16 of the Federal Law “On Guardianship and Guardianship”) provides for two main forms of guardianship/trusteeship: paid and gratuitous.

If paid guardianship/trusteeship is assigned, the PCO enters into an agreement with the guardian/trustee, on the basis of which he is paid monthly sums of money - payment for fulfilling the responsibilities of raising the child. The guardian/trustee has the right to spend these amounts of money at his own discretion. In addition, the period of performance of duties may be included in the length of service of the guardian/trustee.

If guardianship/custody is free of charge, there is no payment for raising the child.

A one-time payment after accepting an orphan into the family.

In 2020, the amount of a one-time payment per child is 17,479 rubles 73 kopecks (according to Article 12.2 of Federal Law No. 81, taking into account indexation).

To receive a one-time payment, the guardian/trustee must contact the social security authority no later than 6 months after the appointment of guardianship/trusteeship. Within 30 days, the amount of money is credited to the bank account of the guardian/trustee.

The lump sum payment has no intended purpose, which means that the guardian or trustee has the right to dispose of the received amount of money at his own discretion.

Monthly payments for the maintenance of a ward child.

The amount of monthly payments is set at two levels: federal and local, and therefore depends on the place of residence of the guardian/trustee with the ward child (according to Article 16 of the Federal Law “On State Benefits for Citizens with Children”). In addition, the amount of payments may depend on the age and health of the child.

For example, in 2020 in Moscow, 6,500 rubles are allocated monthly for a child under 12 years old, after 12 years - 22,000 rubles, for a disabled child - 27,500 rubles. In other cities, payments are lower: from approximately 5,000 rubles to 15,000 rubles monthly.

Amounts of money must be spent on the needs of the child. The guardian/trustee annually submits to the social protection authorities a complete report on the funds received and spent.

You can read more useful information about payments, allowances, benefits for the maintenance of an orphan child placed under guardianship/trusteeship in our articles “How much do they pay and what payments are there for guardians of minor children” and “Until how old do guardians pay for a child?”

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The decision to take an orphan from an orphanage and take care of his upbringing, development, and maintenance is a responsible step. There is a lot to learn, analyze, comprehend, and discuss. But too much thinking and indecisiveness can have the opposite effect - the final decision will not be made.

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Author of the article

Irina Garmash

Family law consultant.

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Responsibilities of a Guardian

Among the responsibilities of a guardian are the following:

caring for the condition of the ward, providing balanced nutrition, a separate room, clothing, conditions in which the child can fully grow and develop.
providing care and treatment, visiting medical and social institutions.
caring for the child’s upbringing, his moral, physical, spiritual development;
control of the child’s leisure time and social circle, tracking his interests, preventing activities that are considered illegal;
annual submission to the guardianship authorities of a report on the funds spent;
assistance to the guardianship authorities during the inspection of the living conditions in which the child is located.

Who can become a guardian

It is possible to obtain guardianship over a child or teenager who needs accompaniment only in the established manner, described in Article 10 of the Law, in force since April 24, 2008 under number 48. The regulatory legal act reflects the issues of establishing guardianship and trusteeship, and defines the circle of persons who can replace parents, their responsibilities and legal rights are described.

IMPORTANT! Additional legal provisions for the appointment of guardians are contained in the Family Code, Government Decree No. 423, in force since May 18, 2009, as well as the Civil Code.

Requirements for a guardian

Not every citizen who wants to raise a child from an orphanage in their family, according to federal laws, has the right to become the legal representative of a minor.

The following requirements apply to potential parents:

the absence of diseases of a socially significant nature that prevent communication with a minor, a balanced state of health, without significant deviations;
absence of a criminal record of the candidate, which is directed against the health and life of other people (causing harm to health, death, etc.);
availability of a specific place of residence (owned housing, rental agreement);
the guardian's income is sufficient to support the child;
successful completion of specialized training in order to gain knowledge about the specifics of raising children who are left without parents;
satisfactory living conditions (household and sanitary);
consent of other family members to live together with the pupil;
official employment of the candidate, guaranteeing a stable income;
positive psychological conclusion, absence of mental illness, legal capacity.

A potential guardian must have positive personal qualities, characteristics from his place of work and residence, and have positive experience in raising children or appropriate education.

Rights and responsibilities of a guardian

After registration of guardianship, the legal representative has his obligations to the minor, as well as rights when accompanying him.

Responsibilities include:

management of property objects (real estate), if any (control and verification of safety, receipt of income for accumulation in children’s accounts);
making transactions on behalf of the child, but taking into account his opinion (in his interests);
resolving all emerging issues and problems in institutions with which the ward interacts (health care, school, kindergarten, clubs and sections);
health and life protection, educational aspects, provision of household items, care and treatment;
creating conditions for a successful educational process;
development in spiritual and moral directions;
protection of interests and rights in pre-trial and judicial proceedings.

The rights of the representative are:

ensuring the educational process, protecting the moral and mental health of the ward;
choosing methods of education in an independent mode;
making a choice of educational organization and form of education, but taking into account the wishes and opinions of the minor.

When appointed as a representative, future guardians in guardianship institutions are given leaflets with their obligations and rights, which they read and sign.

Payments and benefits this year

The one-time payment after signing the guardianship agreement is 18,143 rubles ;

The amount of the monthly benefit depends on the region in which the ward lives. Every month a benefit is paid to the adoptive parent, with the opportunity to receive various benefits. Tax deductions are equal to the amount that was spent on medicine or the child’s education. More detailed information can be obtained from specialists of the guardianship authorities.

Right to Adoption

Before you start collecting documents and searching for a child, the applicant needs to determine whether he is suitable for the role of an adoptive parent in accordance with the requirements of the current legislation. The list of requirements is fixed in Art. 127 SK. Main characteristics of the future parent:

Age of majority;
Full civil capacity;
Satisfactory state of health;
Availability of housing and income.

The gender and marital status of the applicant are not of fundamental importance. The child can be given to either a single woman or a single man, or a married couple. But the legislator prohibits persons in a same-sex marriage from adopting Russian children. Such unions are allowed to be registered in some states.

The citizenship of the candidate is also not important. In Russia, both citizens of the Russian Federation and residents of foreign countries can adopt. An exception is provided only for US citizens.

Sequencing

How to take custody of a child from an orphanage? It is necessary to visit the guardianship and trusteeship authorities located at your place of residence. Qualified employees will explain in detail what exactly needs to be done in order to become a candidate for adoptive parents.

It is worth preparing to undergo an extensive medical commission, request a letter of no criminal record, visit the “Foster Parent School”, and undergo psychological diagnostics. Employees of the guardianship and trusteeship authorities will conduct an inspection of housing conditions and help conclude an agreement.

After being assigned the status of a candidate guardian, you will be able to gain access to the database of adopted children. You can visit any government institution, get to know the children, sign up for guest status in order to spend more time together. The final step is to arrange permanent guardianship.

Terms of custody

To obtain guardianship, several conditions must be met:

The child is deprived of parental care

It is considered that the child was left without parental care, and may be taken into custody or guardianship if his mother and father...

died;
were deprived or limited in parental rights;
do not fulfill parental responsibilities;
endanger the life or health of a child;
were declared incompetent;
were sentenced to imprisonment;
sick and undergoing long-term hospital treatment.

If within 1 month after receiving the status of a child left without parental care, no one is found who wants to take him into the family, the child is transferred to an institution for orphans. But staying in an orphanage or orphanage is not a reason to stop searching for a suitable guardian/trustee or adoptive parents. Information about the child is transmitted to local and federal databases.

The guardian/trustee complies with the requirements of the law (Article 35 of the Civil Code of the Russian Federation, Article 146 of the RF IC);
The guardian/trustee has gone through the procedure prescribed by law and received a conclusion on the right to guardianship or trusteeship.

Who can take a child from an orphanage?

The state cares about the rights of minor children and cannot expose life, health, or development to unjustified risks.

According to this, a child cannot be placed under the guardianship or care of persons who ...

have not reached the age of majority;
limited or deprived of legal capacity;
disabled people of group I;
suffer from infectious and other diseases;
have been convicted of serious crimes, crimes against life or health, honor and dignity, sexual integrity;
were deprived of parental rights, or were guilty of a violation as a result of which they were deprived of the right of guardianship/custody;
entered into a same-sex marriage;
suffer from alcoholism or drug addiction;
for other reasons they cannot perform the duties of a guardian or trustee.

Even one of the above circumstances is enough to refuse to place a child in foster care. In addition, the PLO evaluates the living conditions, financial situation, health, and moral qualities of the guardian/trustee.

Required documents

When expressing a desire to become a guardian, you will need the following documents:

Passport (it is advisable to make several copies)
Medical certificate confirming the health status of the guardian;
Certificate of successful completion of the “Foster Parent School”;
Psychological report;
Document on available income for the last few months from the official place of employment;
Certificate of no criminal record issued by the police department;
Detailed autobiography;
Marriage certificate (if available);
Relevant documents about the housing that is owned;
Written consent of the husband and children who have reached ten years of age;
Copies of personal accounts confirming the absence of financial obligations in the field of utilities;
A letter from the district police officer with a survey of neighbors who will characterize the candidate for guardianship.

Handing over a child to a guardian

Once the decision has been made and the child’s consent has been obtained, it is time to establish guardianship. Legally, this is formalized in the form of an act of appointment of a guardian. The following documents are also submitted for signature:

child's birth certificate;
a document on the basis of which a minor was deprived of parental care: a death certificate, a court decision on deprivation of parental rights or declaring them incompetent, a court verdict on imprisonment, a statement of parents about consent to the adoption of their child;
documents for real estate to which the child has a right;
inventory of the child's property;
medical policy, INN, SNILS of a minor (if any);
for school-age children - a certificate from the place of study and documents on education;
information about the whereabouts of the child’s close relatives (if any);
permission of the guardianship authorities to dispose of the income of the ward;
other documents, for example, a medical certificate and a pension certificate (for disabled children),

Expert commentary

Potapova Svetlana

Lawyer

In order for a guardian to receive benefits from the state for himself and the child, he needs to enter into a remunerative agreement with the guardianship authorities. If this is not done, then the person will not be able to claim payments. You need to apply for benefits at the social security department at your place of residence.

Features of guardianship and trusteeship

The supervisory body involved in monitoring and regulating the situation with children left without parents is called “guardianship and trusteeship”, however, in essence, the activities of the department are much higher than simply registering guardians. Issues of guardianship and trusteeship are regulated by the provisions of the RF IC, as well as the federal law on guardianship. Authorized civil servants have the right to coordinate adoption procedures, foster care and family arrangements, etc.

It is necessary to distinguish between the concepts of guardianship and trusteeship:

Under guardianship, the child receives a kind of protection in the form of transfer of authority to raise and support the child until he reaches 14 years of age.
For older children, instead of guardianship, guardianship is organized, which ends when the child reaches adulthood or legal capacity.

Unfortunately, not all children can find new parents or guardians. The circumstances are such that it is quite difficult to obtain legal status. The requirements for guardians are such that the applicant must have a certain set of qualities, as well as meet expectations of the ability to provide for themselves and their wards.

Not all children who end up in orphanages or boarding schools can be adopted or taken into care.

This form is suitable in the following circumstances:

orphaned minors;
deprivation of parents' rights by court decision;
recognition of the previous guardianship as invalid and the guardian as incompetent;
in cases of parental failure to fulfill their duties for personal reasons of adults;
inability to provide adequate care due to illness and incapacity of parents;
lack of information about the parents’ current place of residence, long absence from the country or serving a prison sentence;
in established cases of violence by a father or mother towards their own children.

Often guardianship is granted by one of the relatives in the event of the death of a single parent or both parents. The law allows guardianship by citizens of another state, but a special procedure for such approval is established.

According to the current regulations, the period for resolving the issue of the child’s continued stay does not exceed 30 days. To obtain permission to take custody of an orphaned minor relative, you should hurry. Otherwise, the child is assigned to state care in an orphanage, boarding school, etc.

The regulations for the process of starting and ending guardianship are described in detail in family law and acts on guardianship. In contrast to adoption, guardianship is a milder form of organizing care for a child who retains the right to communicate with former relatives, retain his former name, surname, and other personal data, and with the onset of adulthood, the guardian is released from his duties and loses the rights to raise the child in connection with his obtaining the status of “legal capacity”. When it is planned to accept several children (no more than 8 including our own), the guardianship enters into an agreement on the creation of a foster family.

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:

adults, fully capable persons;
a married couple or a woman and a man who are not married;
citizens who have not been convicted of serious or especially serious crimes;
persons with an income that provides the minimum subsistence level for each family member, including the person being adopted;
citizens with permanent residence (living space must meet sanitary standards);
persons in good health (do not have serious illnesses that could make parenting difficult);
persons who were not deprived of parental rights by court, were not limited in them, and were not removed from the duties of a guardian.

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

Health requirements

A 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:

tuberculosis;
internal organs, nervous system, musculoskeletal system (stage of decompensation);
malignant oncology;
drug addiction, substance abuse, alcoholism;
infections before removal from dispensary registration;
mental illnesses in which patients are recognized as incompetent or partially capable;
injuries or pathologies that led to disability of groups I, II and exclude ability to work.

Financial requirements

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.

Housing requirements

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.