Adopting a newborn baby from a maternity hospital: four steps to happiness

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Most often, families who decide to adopt a child prefer to take an infant into the family. Firstly, the younger the adopted child, the easier it is to hide from him that he is not being raised in a blood family. Secondly, any person wants to raise a baby from the first days of his life, see his first steps, hear his first words, capture all this as a memory.

The best option in this case, of course, would be to adopt a newborn baby directly from an orphanage.

Motives for adoption

There are many reasons why spouses decide to adopt a child.

  1. A woman cannot succeed as a mother, so to create a full-fledged family she needs a child.
  2. The couple consciously go for adoption in order to make one of the orphans happy.
  3. Often people have a desire to take care of someone, but at this stage there is no opportunity to carry and give birth to their baby.
  4. When a child is born to a young daughter, the parents often need to register the baby in order to keep him in the family.
  5. Relatives of those people who died as a result of an accident, accident, etc. can also undergo the procedure. Here, a decision is often made to register children legally so that they are not sent to orphanages.
  6. Sometimes wealthy people who have had a career all their lives decide to acquire an heir.

In such situations, it is easier to foster a baby and simply delay the adoption until adulthood. This will provide an opportunity to raise and teach him as the new parents see fit.

Can they refuse?

Often the refusal is due to the fact that applicants were unable to attend an interview with a government psychologist. During training, the adoptive parent is offered to undergo a voluntary psychological examination. The conclusion that the state psychologist makes may not be in favor of the adoptive parent. For example, the conclusion will indicate that parental competencies are not yet sufficiently developed. The document is transferred to guardianship and may serve as a reason for refusal.

Government officials look at a couple who wants to take a baby from their bell tower, often have negative experiences, see situations where children are returned, and they are forced to adapt to life in an orphanage again. Therefore, the results of interviews with parents are often disappointing.

If the list of required documents does not include a conclusion on undergoing a voluntary examination by a psychologist, then guardianship specialists do not have the right to demand it.

It is also important to properly prepare for the visit of guardianship specialists - to show that the living conditions are suitable for the child, and family members have a positive attitude towards the arrival of the baby

What are the requirements for parents?

An infant requires increased attention. He is especially vulnerable, and still has no idea what the world is like. A maladjusted baby needs a mother and a father.

According to the law, the requirements for adoptive parents are no different from those that are generally accepted standards when undergoing a procedure involving older children.

  1. Potential parents must be adults.
  2. They must have certain living conditions that allow them to have a child and provide him with a decent life.
  3. The moment of stable income is also important.
  4. The spouses should not have a criminal record or administrative violations that are assessed as serious.
  5. Citizens who decide to adopt must be healthy.
  6. The moment of deprivation of parental rights in the past or the return of children whom the spouses took into the family can become fatal if the procedure is completed.
  7. Pay attention to the presence of bad habits.
  8. The age difference between the potential parents and the child should not be less than 16 years.
  9. They do not give children to families with American citizenship and nationals of countries where same-sex marriage is allowed.

The health status of future parents can be determined by undergoing a complete examination.

Right to Adoption

The adoption procedure is available only to legally capable people. The advantage in the process is direct relationship. If the mother abandoned the baby, close relatives can take him in: grandparents, etc.

If there are no people from the close family circle who want to adopt a baby, then this right is transferred to citizens who meet all the stated criteria of the commission.

Marriage is not a decisive criterion in the process of adopting a child. One person can take in a newborn.

Reasons why a newborn baby may stay in the hospital

The birth of a baby and subsequent abandonment of him right in the maternity hospital is not as rare as we would like. Reasons for abandoning a newborn may include:

  • mother's young age;
  • housing problems in the family;
  • mother's financial difficulties;
  • lack of support for the mother of a newborn from the father of the child;
  • birth injury of the baby, or congenital serious illness;
  • painful dependence of the mother on alcohol or drugs.

In any case, a woman who has given birth to a child and decides to abandon him in the maternity hospital, before leaving the baby, signs a consent to the adoption of her child by third parties (the so-called refusal).

Quite rare, but another possible scenario is when a newborn baby is left without a mother - the death of the woman in labor during or immediately after childbirth. If the woman giving birth is not married, she does not have close relatives who could take the baby, and the father of the child is unknown, then the newborn can also be adopted.

Baby Databases

Each medical institution creates questionnaires, which in the future are sent to the guardianship authorities. After this, the cases are transferred to the regional and federal banks. Everyone who creates such questionnaires tries to present all the information about the newborn as loyally and simply as possible. You need to understand that you shouldn’t trust all the data; it’s better for new parents to examine the child themselves and show it to the pediatrician.

You can get acquainted with the database of refuseniks at any of the above bodies.

Legislative regulation

Adoption is an important and responsible option for accepting a child into a new family, which proceeds exclusively through the courts with the parallel consent of the prosecutor’s office and guardianship authorities.

It is enshrined in legislation:

  1. Chapter 19 of the RF IC – lays down the general concepts, conditions and fundamental provisions relating to the adoption of a child;
  2. Federal Law of April 16, 2001 No. 44-FZ, which regulates the procedure for creating and updating a data bank containing information about children left without parents. Such information is strictly protected by law and is a secret; its disclosure entails prosecution;
  3. Federal Law No. 62 of May 31, 2002, concerning provisions on citizenship. Comes into force if the child is a citizen of a foreign state, and the parents live in Russia and have the appropriate citizenship. The same law will apply in the opposite situation.
  4. Provisions of international law - various Conventions, Agreements, Protocols, Treaties between states.

How to adopt from a maternity hospital

Many young parents intend to adopt their child from the maternity hospital. This is possible only after the biological mother writes a refusal.

There are queues for such children, therefore, in order not to delay the process, you need to prepare for it not only morally, but also documented.

  1. Potential parents need to seek help from the guardianship authorities and register there for the birth of a newborn.
  2. Next, the institution sends the spouses for a medical examination.
  3. An employee of the department issues a sheet with a list of necessary documents that need to be collected promptly.
  4. After everything is ready and it’s your turn, you can go to the OOP for confirmation of adoption.

The guardianship authorities send a special commission to the address of registration or residence, which assesses the living conditions of the baby. It takes about 2 weeks to make a final decision.

A petition is submitted to the court, and opinions from experts and medical institutions are attached to it. When it comes to infants, the consideration of the case is not delayed, they try to make a decision quickly.

After successful completion of the procedure, you can immediately pick up the child from the maternity hospital. A sheet is issued to new parents on the spot, which comes into force after 2 months.

Next, you need to contact the registry office to register the child.

From the baby's home

The process of adopting a child through an orphanage is similar to the previous method. The only difference is that the child here can be of any age. In such an institution, potential parents try to choose a child who has facial features, eye color, etc. will be like them.

After the guardianship authorities approve the candidacies of citizens wishing to adopt a child, you can familiarize yourself with the database, and then meet with the baby.

After the choice has been made, the court, which is located at the place of registration of the child care institution, issues its final answer. Only after this can potential parents take the child into the family.

At the registry office, after the spouses apply, employees will fill out a new form for the child, where they will write down the child’s last name and patronymic, after which they will issue a new birth certificate.

Where can I find a child for adoption?

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

It is necessary to pay attention that it is not advisable to search for a suitable baby on websites, in maternity hospitals and child care departments before receiving a conclusion. Remember, in 2020 the queue of candidates for a conditionally healthy newborn child is up to 200 people. Therefore, even if you quickly prepare the documents and receive a conclusion, you will definitely not be allowed to pick up this baby. Since, first of all, the requests of citizens who are registered earlier are satisfied.

Example. After the maternity hospital, Citizen Z. was transferred with her child to the children's hospital, to the neonatal department. In this department there was a ward for refuseniks. There were 4 babies in it. They screamed loudly, but the nurses did not have time to look after them. The woman offered to help take care of the children. Over the course of 2 weeks, she became attached to one of the girls. Citizen Z. persuaded her husband to adopt her. However, the process of collecting documents and training took a long time. During this time, the girl was given up for adoption to another family. The woman was very upset and depressed. Against the backdrop of shock, she began to develop a psychological disorder.

A similar situation exists with information on social networks. Children whose information is posted on websites are often already being raised in families. Therefore, there is no need to look for information on third-party resources.

Up-to-date information can be obtained from the guardianship department. In accordance with the law, the department in whose territory the maternity hospital is located is responsible for the placement of a newborn. Even after the baby is moved to the orphanage, the department continues to work on his placement for 30 days from the moment the mother formalizes the refusal.

Documentation

Before submitting an application for adoption, you need to collect a list of important documents that guarantee that the child is being given to a good family:

  1. application to the guardianship authorities;
  2. copies of spouses' passports;
  3. conclusion from a medical institution;
  4. information about income and place of work;
  5. consent of the second spouse, if only one of them is an applicant;
  6. the conclusion of the experts who conducted the housing inspection;
  7. characteristics from organizations where potential parents work are desirable;
  8. extracts from personal accounts and house books;
  9. a certificate confirming the fact that neither spouse has been prosecuted.

The most troublesome step in adoption for parents is the medical examination. The legislation provides for a number of procedures that make it possible to exclude the presence of serious diseases (HIV, tuberculosis, etc.).

Mistakes of adoptive parents when searching for a child

Strictly not recommended:

  1. Contact orphanages for information. The custody department is in charge of the arrangement. Even after receiving information about the baby, you will not be able to receive a referral for an acquaintance, since it is carried out on a first-come, first-served basis.
  2. Contact maternity hospital staff for information. The procedure for recognizing a child without parental care is not subject to discussion with medical personnel. Nurses simply cannot know whether the baby will receive status or be returned to the mother.
  3. Address women who want to give up their child. Often, the medical staff of the maternity hospital reports information that one of the women in labor refuses the child. Potential candidates want to reach an agreement with the mother and offer her money to issue a targeted refusal. In 2020, human trafficking is prohibited in the Russian Federation. Such actions are qualified under Art. 127.1 of the Criminal Code of the Russian Federation.

In order to adopt a child, you must contact the guardianship department. The candidate provides a copy of the package of documents and an application for registration as a candidate.

The specialist enters information about the citizen into a special journal and assigns him a number. The candidate will be provided with information about the children when it is his turn.

Reasons for refusal

The main reason why adoption may be denied is failure to meet established requirements.

If a person is not suitable for the role of a foster parent on at least one point, it will not be possible to accept the child into the family.

The PLO is suspicious of a number of categories of citizens. Thus, it will be much more difficult for a single man to adopt a child than for a single woman to do the same. This happens because of the stereotypes that have developed in society.

According to the law, the OOP has no reasons for refusal, however, representatives of a government agency can delay the procedure for adopting a child for a long time, putting forward new demands.

Benefits for children who have been adopted

According to domestic legislation, adopted children are treated like relatives. As a result, adoptive parents receive standard payments - for example, benefits until the baby is one and a half years old, sick leave if the baby was taken from the maternity hospital.

If within six months from the date of adoption the adoptive parents submit an application, they can receive a one-time benefit in the form of 14-15 thousand rubles.

The newborn's brother, who saved his sister from starvation in the closet, was hunted down by high school students

Let us remember that 37-year-old Yulia is a mother of many children. She has a 13-year-old son and a three-year-old daughter. In January she separated from her husband, and at the end of April Alina was born. The woman announced to everyone the death of the child. And she locked the baby in the closet, hoping that the girl would die of hunger. The newborn survived thanks to her older brother, who periodically fed her sister.

The emaciated child was miraculously found in the closet by drunken friends of the grief-mother and handed over to the police.

Residents of Karpinsk still cannot believe that apparently quite prosperous Yulia could do this to her newborn daughter.

“It’s inconceivable to lock a child in a closet and wait for him to starve to death,” says Anastasia. “I refuse to believe that Julia did this.” I've known her all my life. This is a kind, sympathetic person. She grew up in a wonderful family, she has very sincere parents. We studied together at school No. 5, she was always in good standing. Then she graduated from our mechanical engineering college. She was friends with her brother. But her husband, Andrei, loved to drink. “Under steam” he became uncontrollable and sometimes raised his hand to his wife. Neighbors said that they saw her and her children more than once run out into the street to escape his fists. And the youngest daughter is a copy of Andrei. Maybe Yulka transferred all her hatred of her husband to her. Or maybe there was something wrong with her psyche, since she acted so inhumanely with her child.

Many in Karpinsk note that Yulia was an exemplary mother.

“Our children go to the same group in kindergarten,” says Tatyana. – Yulia’s daughter, Vera (name changed) is a very smart girl. Always neatly dressed and combed. Looking at her, you can’t say that the child is somehow oppressed or intimidated. Vera always smiles and dances. He happily greets my daughter and other children at the door.

— What impression did Julia herself make?

- An absolutely adequate person. She was calm and balanced. I didn't see her raise her voice to anyone. The day before, on Friday, I met her in the kindergarten yard when I was picking up my daughter. Yulia was all in herself, somewhat inhibited, sad, and thoughtful. I also thought that it was the end of the week, the person was tired at work. I didn’t ask her anything.

— Yulia’s daughter told the group more than once that they have a “living doll Alina” at home. Why didn't this alert anyone?

— The child is small, he is only three years old. Children at this age tend to fantasize. Therefore, no one attached any importance to her stories. I know that she also talked about the living doll Alina in the courtyard of her house. The neighbors weren't alarmed either.


Photo: Social networks

— Yulia was pregnant, what did she say about the newborn?

— Julia told her colleagues at the (Electric Machine Building Plant), where she worked as an economist, that the child had died. I heard that she allegedly had a late miscarriage. Everyone took it as a tragedy, no one questioned her, no one got into her soul.

— Didn’t your older brother pick Vera up from kindergarten?

— We don’t give children to minors. Julia came to pick up her daughter all the time. I didn’t see Vera being taken away by her father, Andrei. By the way, he lives opposite my house. Now I often see him going for a walk with his mother. He carries her in a wheelchair; one side of the woman is paralyzed.

— Some say that Yulina’s children are now in a rehabilitation center, others say that they are with relatives. Where is it really?

“I’m on sick leave now, but yesterday I went to the kindergarten to get a receipt, the nanny said that Vera was in the group.” This means that the children are with relatives. Probably, Vera’s grandmother takes her to kindergarten.

In Karpinsk now there is only talk about Yulia’s 13-year-old son, Misha (name changed), who secretly from his mother fed his sister and did not let her die of hunger. He changed the baby's diapers and gave her water.

— The teenager himself read on the Internet what they feed babies. He gave her mixtures and squeezed them out of a syringe,” says a family friend. “And then he started feeding me cookies and bread soaked in milk.

The parents of the children with whom Misha studied in the same class also characterize Yulia only on the positive side.

“She always went to parent-teacher meetings, donated money for public needs, and was interested in her son’s progress. It was impossible to call her indifferent,” says one of the parents. “She didn’t look inadequate.” And what’s in a person’s head - can you really understand?

Teachers note that Misha is a well-mannered child. Very thoughtful, diligent, diligent.

“My daughter sat with him at the same desk. I liked the boy right away,” says Elena. - Misha is very kind and nice. From the first to the fourth grade I studied with excellent marks, and now I do well in all subjects. He is a very obedient child. Since the mother asked not to tell anyone about the newborn girl, he remained silent. But she forbade him to feed the baby. At this point he showed compassion and gave his sister food without her mother’s permission. He was not afraid of his mother’s wrath. And this is already strength of character!

A lot of people support Misha on social networks. Users write on his page: “You saved a little life! It is most important!" “Boy, you should be proud of yourself. As long as there are people like you, the world is not doomed. Good luck, my friend!” "Well done! So small, but already a man! A true protector for his sisters! Take care of them and yourself." “You are a hero for life! You and your sisters did not choose your parents; stick to each other until the end. You are one hundred percent handsome!” “Remain as strong, strong-willed, strong. Despite all the difficulties in life, be a support for your sisters.”


Photo: Social networks

But at school, according to his parents, Misha is bullied by high school students. The boy runs out of the school in tears.

“The teenage world is cruel, children always try to assert themselves at the expense of the weak, fat, and stupid,” says psychologist, psychotherapist Sergei Loktionov. - This is a matter of upbringing and some kind of hidden complexes. It may be worth transferring the teenager to home-based education or external studies for a year or until this whole story subsides. Collective education is not doing him any good now. The boy needs to be isolated for now.

- And now, as for his mother. Yulia's acquaintances said that she hated her husband and did not want to live with him. Once she mentioned that he allegedly took her by force. And now she explained to the police that isolating a newborn child in a closet is revenge on her husband Andrei.

- If a woman’s meaning of life is enmity and hatred towards a man, and this object is outside the zone of her influence and influence, then she can indeed transfer these feelings to her child. Because the child has the father’s features, the same nose, eyes, chin, and so on. And then she no longer sees her child, but the image of her hated husband. And those emotions that she did not realize in relation to her husband, he either withdrew, or became silent, or blocked her, she will transfer to the child. But I want to say right away that this is a sign of ill health, a kind of psychological morbidity. And this fixation on hatred, on malice, is what actually makes the mother Baba Yaga.

“Yulia announced to everyone that the child had died.

- That is, she sentenced him in advance, and then decided to implement it. There is such a thing as a bright image of a mother. He is indestructible. What she did destroys that image. And society will give this the highest condemnation and censure. But I repeat, this process is not the norm, it is a disease. You need to be able to forgive. There is no need to make war and enmity the meaning of life. As for this woman, after treatment the center of excitation in the brain in the form of a super idea with hatred can be suppressed. And over time, she will already have a critical look at her actions, actions, and words. And then repentance may come. When she recovers, she will “sprinkle ashes on her head,” and will even blame others, saying: “Why didn’t you stop me? You saw that I am a sick person.” She will choose this position as convenient.

Conditions for adopting an abandoned child

According to Art. 125 of the RF IC, an abandoned child is adopted if the following requirements are met:

  1. After the applicant reaches the age of majority - 18 years;
  2. If there is a spacious living space with room for 2 people - an adopted child;
  3. If you have an official job where you receive a stable monthly income;
  4. In the absence of a criminal record;
  5. If you have good health and the absence of specific ailments, the list of which is approved by Decree of the Government of the Russian Federation No. 117 of February 14, 2013;
  6. If in the past there were no various precedents for alienation of parental rights or early termination of a guardianship agreement;
  7. In the absence of American citizenship.

Attention! Only a newborn abandoner who is 16 years or more younger than the adoptive parent is successfully adopted. Otherwise, the applicant is denied adoption of the baby.

Article 125 of the Family Code of the Russian Federation “Procedure for the adoption of a child”

Read also: What to do if a husband beats his wife?

Can I count on benefits and child benefits after adoption?

Even if you decided to adopt a child not for selfish reasons, some “lifting” means will not hurt. In particular, you can apply for one-time assistance, which must be received no later than 6 months after adoption. All other payments are the same as in the case of natural children, since the law does not see any difference between them.

  • about the author
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Anna Vladimirovna

I am the editor-in-chief of our information portal, and I carefully review all the material from our experts before publishing them here. An economist by education, specialization in accounting, analysis and audit. Experience as an accountant for 10 years. I can work with long texts and legal documentation.

Application to court

The third step in the adoption process is the application to the court.
Such an application is submitted by the adoptive parents themselves and representatives of the guardianship authorities. It should be noted that it is impossible to adopt a child without a court decision. For the Russian Federation this is a mandatory procedure. In essence, this is a strict formality that allows the court to make a positive decision on adoption. The court procedure itself is closed to maintain anonymity and conceal the fact of adoption. In this case, the following must be present at the trial:

  • judge;
  • representatives of guardianship authorities;
  • adoptive parents;
  • prosecutor.

In cases where the court decision is negative, you can go to court again, but this time to higher authorities.

Design rules

To adopt a child, you must meet the following requirements:

  • Both spouses are capable.
  • Previously, parental rights were not deprived or limited.
  • They were not removed from performing guardianship duties.
  • They do not have diseases that would prohibit adoption.
  • They receive income that provides the child being adopted with a living wage.
  • The age difference between the adoptive parent and the adoptee must be at least sixteen years; for good reasons, it can be reduced by the court.

Deadlines

Approximate duration of the adoption process for a small child:

  • completing preparatory courses - from several days to 1 month;
  • medical commission – up to 1 month;
  • preparation of documents – up to 1 month;
  • housing inspection - within 3 days after submitting documents;
  • issuance of a conclusion – up to 15 days after submission of documents;
  • search for a child – indefinite period;
  • meeting with the child, studying documents, consultation with doctors – 10 days (for each child);
  • trial – 2 months;
  • entry into force of a court decision – 1 month;
  • The registration procedure at the registry office takes several days.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

The most protracted and difficult stage of the entire procedure is choosing a child. Some couples who want to adopt a baby, especially of a certain gender, appearance, or health, wait in line for several years. Remember that the validity period of the conclusion is 2 years, after which you must contact the PLO again.

If you want to go through the entire process solely within the legal framework, but doubt the “transparency” of the work of representatives of the Guardianship Authorities, the management of maternity hospitals, children's hospitals and orphanages, if you have to go to court (for example, in disputes with the child’s relatives), if you are faced with obvious violations of your rights, contact our lawyer for a free consultation.
We will help you protect the rights of the child and your rights to be parents legally. Attention!

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Irina Garmash

Family law consultant.

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