What do parents need to adopt a child from an orphanage? Conditions for adoption

You can adopt minor child whose only or both parents are:

• gave consent to adoption;
• died or was declared dead by a court;
• unknown;
• declared missing by the court;
• declared incompetent by the court;
• deprived by the court parental rights;
• for reasons recognized by the court as disrespectful, does not live with the child for more than six months and evades his upbringing and maintenance (except for cases of adoption by foreign citizens or stateless persons).

Children who are brothers and sisters cannot be fostered different people, except in cases where they cannot be raised together.

2. Who can become an adoptive parent?

Both citizens of Russia and citizens of other countries (with the exception of US citizens) can adopt a child who is a Russian citizen. To do this you need to comply Adoptive parents can be adults of both sexes, with the exception of:

• persons, recognized by the court incapacitated or partially capable;
• spouses, one of whom is recognized by the court as incompetent or partially capable;
• persons deprived of parental rights by court or limited by court in parental rights;
• persons removed from the duties of a guardian (trustee) for improper execution the duties assigned to him by law;
• former adoptive parents, if the adoption was canceled by the court due to their fault;
• persons who, for health reasons, cannot adopt a child (respiratory tuberculosis in persons belonging to groups I and II dispensary observation, infectious diseases until the cessation of clinical observation due to stable remission, malignant neoplasms of any localization of stages III and IV, as well as malignant neoplasms of any localization of stages I and II before radical treatment, mental disorders and behavioral disorders before termination of dispensary observation, drug addiction, substance abuse, alcoholism, diseases and injuries leading to group I disability);
• persons who, at the time of adoption, do not have income that provides the adopted child with the subsistence minimum established in the subject Russian Federation, in the territory of which such persons reside;
• persons who do not have a permanent place of residence (except for persons belonging to the indigenous peoples of the Russian Federation who lead a nomadic and (or) semi-nomadic lifestyle and do not have a place where they permanently or primarily reside, in the event of their adoption of a child from among the persons belonging to indigenous peoples of the Russian Federation);
• persons who at the time of adoption outstanding criminal record for especially serious crimes or a criminal record or have been subjected to criminal prosecution, both in the present and in the past, for crimes against life and health, freedom, honor and dignity of the individual (with the exception of illegal premises V psychiatric hospital, slander and insult), sexual integrity and sexual freedom of the individual, against family and minors, public health and public morality, as well as against public safety;
• persons who have not undergone training foster parents(with the exception of close relatives of the child, as well as persons who are or were adoptive parents and in respect of whom the adoption has not been cancelled, and persons who are or were guardians (trustees) of children and who have not been removed from fulfilling the duties assigned to them);
• persons who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the legislation of the state in which such marriage is permitted, as well as persons who are citizens of the said state and are not married.

">requirements for adoptive parents.

If you want to adopt a child who has one parent, you must be married to that parent and he must agree to the adoption.

To adopt an orphan or a child left without parental care, it is not necessary to be married. If you are already married, your spouse does not have to adopt a child with you - consent to adoption is sufficient.

Two unmarried people cannot adopt the same child.

For the adoption of orphans and children left without parental care, preemptive right have Parents, grandparents, spouses, adult children, adult grandchildren, brothers and sisters.

">close relatives of the child.

4. How to get training at the school of foster parents?

According to the Family Code of Russia, those wishing to adopt a child left without parental care into their family must undergo special training at the School of Adoptive Parents.

If you are already a guardian (trustee) or adoptive parent, re-training at the School of Foster Parents is not required.

5. How to obtain permission to adopt?

The procedure for obtaining a conclusion on the possibility of becoming an adoptive parent cannot take more than 10 calendar days after submission to the guardianship and trusteeship authority complete package documents.

If you have previously received a conclusion about the possibility of being a guardian or adoptive parent and it is still valid, you do not need to obtain a new permit.

6. How to register as an adoptive parent?

If you permanently reside in Russia:

You can register as an adoptive parent either with the same guardianship and trusteeship authority in which you received an opinion on the possibility of becoming an adoptive parent, or with any other guardianship and trusteeship authority, as well as in a regional or federal data bank on children left without care parents.

When registering, you must present an identification document and a conclusion about the possibility of being an adoptive parent, and you must also fill out a citizen’s questionnaire and application established sample.

If you permanently reside in the territory foreign country:

On the territory of a foreign state you need to collect the following documents:

• obligation to deliver in the prescribed manner to register your adopted child with the relevant consular office of the Russian Federation;
• obligation to provide an opportunity to examine living conditions and upbringing adopted child;
• conclusion competent authority about your living conditions and the possibility of being an adoptive parent. The conclusion is accompanied by photographic materials about the family, as well as a copy of the authority’s license;
• the obligation of the competent authority to monitor the conditions of your life and upbringing of the adopted child and to submit relevant reports, as well as a copy of the authority’s license;
• the obligation of the competent authority to control the registration of the adopted child at the consular office of the Russian Federation, as well as a copy of the authority’s license;
• if you are not married - a document from the competent authority confirming that the legislation of the state does not recognize a union concluded between persons of the same sex as marriage, as well as a copy of the authority’s license;
• certificate of completion of training for candidates for adoptive parents (training can be completed both in Russia and in your state. If the training takes place outside the Russian Federation, you also need to provide a document confirming the organization’s right to carry out training and a copy of the program. If the training program for adoptive parents is in foreign country is significantly different from the Russian one, the training certificate may be invalidated).

All documents must be legalized. After legalization, they must be translated into Russian, the translation must be notarized. You need to contact the orphans or children without parental care or the child’s place of residence with the documents.

7. How can I find a child if I don’t know who I want to adopt?

If you don't yet know what kind of child you want to adopt, you need to first familiarize yourself with the data bank on orphans.

You can view the profiles of children left without parental care online. Now in the regions there are territorial data banks about orphans (in Moscow this is the usynovi-moskva.ru portal), in addition, there is a federal bank. On electronic resources you can see photographs of children, brief description their character, find out about their state of health, as well as in what orphanage they are located - thus, in the future you can contact the desired institution directly.

With a request to pick up a child, you can contact immediately.

To gain access to the children's full personal data, you will need to answer the questionnaire and provide an identification document and a conclusion about the possibility of being an adoptive parent.

When you choose a child, you will be given a referral to visit him.

The operator of the guardianship authority will provide you with data only about those children who meet the requirements you specified in the application form.

8. How does the meeting with the child go?

If you want to adopt an orphan or a child left without parental care, before adoption you are required to meet with him in the presence of a child protection specialist from the guardianship and trusteeship authority. In addition, you must be shown all of the child's documents.

The fact of familiarization with the child’s medical report is confirmed in writing. You also have the right to contact a medical institution for an independent medical examination adopted child. But during the medical examination, an employee of the organization in which the child is located must be present.

If you like the child, and you like the child, you need to inform the operator of the guardianship authority, who provides children's profiles to adoptive parents, that you are ready to adopt the child. After this, the child’s profile will not be shown to other candidates.

If you do not like the child or you do not like the child, the guardianship authority may grant you permission to visit another child.

9. How to go to court?

To adopt an orphan or a child left without parental care, you will need:

• statement of claim;
• identification document;
• birth certificate - if you are not married;
• marriage certificate - if you are married;
• consent of your spouse to adoption - if you are married. If you stopped family relationships and have not lived together for more than a year, you need to provide a document confirming this. If such a document cannot be obtained, evidence confirming these facts must be indicated in the statement of claim;
• medical report about health status (form No. 164\u);
• a certificate from the place of employment about the position held and salary or a copy of the income statement or other document on income;
• a document confirming the right to use residential premises or ownership of residential premises*;
• a document confirming registration as a candidate adoptive parent;
• a document confirming that you have completed training at a foster parent school (not required for close relatives of the child, stepfathers and stepmothers).

If you are a citizen of Russia or a stateless person and permanently reside abroad, or you are a foreign citizen, you will additionally need:

• conclusion of the competent authority of a foreign state on living conditions and the possibility of becoming adoptive parents;
• permission from the competent authority of a foreign state for the entry of an adopted child into that state and his permanent residence on the territory of this state.

The court has the right to request other documents.

Documentation foreign citizens must be legalized and translated into Russian. The translation must be certified by a notary.

All documents are submitted in two copies. If a child is adopted by both spouses, each of them submits a package of documents.

The claim must be submitted to Supreme Court republic, regional, regional court, city court federal significance, court autonomous region and court Autonomous Okrug at the child's location. In Moscow this is the Moscow City Court.

The judge is required to consider your application within 2 months from the date of its submission. The application is considered behind closed doors. The adoptive parent, a representative of the guardianship and trusteeship authority, the prosecutor, and the child himself, if he is over 14 years old, must be present at the court hearing. Others may also be present interested people, for example, the parent of a child.

A document is not required if you belong to the indigenous peoples of the Russian Federation and you want to adopt a child who belongs to the indigenous peoples of the Russian Federation.

If an orphan or a child left without parental care permanently resides outside of Russia, you need to register him with the consulate.

To do this you will need documents:

• application for registration of an adopted child with 2 photographs of the child attached;
• adoption certificate;
• identification documents of the adoptive parents and the child.

You can submit documents in your country in person at the consular office, or you can do it on the territory of Russia - through the Consular Department of the Ministry of Foreign Affairs of the Russian Federation.

third control examination - after 23 months from the date of entry into legal force court decisions, but not later than the end 25th month from the date of entry into force of the court decision;

the fourth control examination - after 35 months from the date of entry into force of the court decision, but no later than the end of the 37th month from the date of entry into force of the court decision.

The need for a follow-up examination after 3 years is determined by the guardianship and trusteeship authority individually in accordance with specific situation, developing in the family of the adoptive parent(s). The control examination is carried out while maintaining the secrecy of adoption.

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Number of pairs, according to the most various reasons those without children increases every year. And I really want the house to be filled with children's laughter. The problem of a childless marriage can be resolved through the adoption procedure. How to adopt a child from an orphanage, so that he, even if genetically foreign, eventually becomes family and friends, bringing the joy of raising his own child into the life of the spouses.

Who can become an adoptive parent

The state, in the role of guardianship and trusteeship authorities, before transferring the child into the hands of new parents, must make sure that foster family does not consist of people who have been convicted, deprived paternal rights, are disabled, but will be able to provide the child with decent living and upbringing conditions. The legislation of the Russian Federation establishes a list of persons who can act as an adoptive parent:

1. According to Civil Code, any mentally healthy citizens can become adoptive parents, provided they reach 21 years of age. The exception is for those who are already related to this child - then the requirements for the age of the adoptive parent may be lowered.
2. Both a married couple consisting of official marriage, and people living together without registration.
3. Adoptive parents must be older than the child for no less than fifteen years.
4. If only a husband or wife wants to adopt a child, the other parent must write written agreement, notarized.
5. A single woman or a single man is allowed to adopt a baby. In this case, the single mother or father is subsequently assigned this status with corresponding benefits.

Can a single woman or man adopt a child?

In Russia, the adoption of a child by a single woman or man is not legally prohibited. But in practice, a single mother or a single man can become official parent it is much more difficult, even if you have a good job and a comfortable home - specialists from the trustee bodies will look at such adoptive parents more carefully. The procedure for single people to assume parental rights is not fundamentally different from the standard procedure. Therefore, whether you are married or not, special significance does not have.

For whom is this not possible?

Not everyone is allowed to adopt a child, and the categories of these persons are strictly prescribed by law. If you can't provide for a child, you don't have a home, poor health, you are convicted, in all these cases the baby will suffer. According to the law, you cannot adopt children:

1. Disabled people, both fully and partially recognized as incapable of work, as well as couples where one spouse is disabled.
2. People undergoing treatment or registered with a narcologist or psychiatrist.
3. People deprived of maternal or paternal rights.
4. For those who have already officially adopted a child, but lost the right to do so due to their own fault.
5. For those who do not have a residence permit or live in an apartment or house that does not meet sanitary requirements.
6. Having low earnings, which makes it impossible to provide the child with at least a living wage.
7. Same-sex married couple.
8. If at least one future parent has a criminal record.

What does it take to adopt a child from an orphanage?

If you decide to adopt a child, remember that the adoption procedure is lengthy. After you have found the child, you will need to collect a package of all necessary documents, submit them to court to make a decision on adoption. Sometimes you may need the help of a lawyer.

You need to study Russian laws related to the adoption procedure. A candidate applying for the role of an adoptive parent, in addition to his rights and obligations, must study the powers of the guardianship authorities. The rules for adopting a baby, the addresses of orphanages, baby homes or maternity hospitals can be found in the department for adoption and protection of children's rights, as well as from representatives of district guardianship authorities (ROO). You can find information about orphans and refuseniks there, from representatives of the ROO.

Some trustee bodies charities can post brief information about children, photos and videos of babies on the Internet. Please note that such organizations can only give you information about children, but they do not have the right to act as intermediaries for their adoption. To avoid any additional problems, please contact us exclusively. public services guardianship Carefully monitor how legal the adoption procedure is.

What documents are required

A special commission appointed by the guardianship authorities must review your documents and issue its conclusion no later than a month later. This conclusion will be needed when submitting to the judicial authorities to obtain permission to adopt. To obtain the right to adopt a child, you must apply to district authorities guardianship and trusteeship at the place of registration, an application to which is attached:

1. A short autobiography.
2. Medical certificate issued at the place of residence. The certificate must confirm that the spouses do not have diseases contraindicated for adoption. To do this, you will have to visit the AIDS center, tuberculosis, drug addiction, oncology, dermatovenerological and psychoneurological dispensaries. Certificates must be prepared on special forms issued by the guardianship and trusteeship authorities.
3. A copy of your marriage registration certificate, if available.
4. Notarized consent that your wife or husband is not against adoption (if only one spouse is going to become the adoptive parent).
5. A certificate from the place of work, or a certificate issued in form 2-NDFL. From it, the ROO will learn about your position and the amount of monthly payments. If candidates are entrepreneurs, then they must submit an income statement.
6. At the place of registration of candidates, do not forget to take an extract from the personal account or house register. The extract must list people living in to this address. If the future parents are homeowners, then present a certificate for the apartment or house.
7. A certificate obtained from the police about no criminal record.
8. A positive reference issued at the place of work for both spouses.

Payments to families

Adoption is preferred legal aspect today's form of child placement. Unlike children in care, an officially adopted child receives social and legal rights, including the right to inheritance, like your own baby. In addition to federal ones, adoptive families have the right to regional payments and child benefits you need to find out about in your city. Adoptive parents have the right to the following types federal payments:

1. One-time benefit. It is paid once upon transfer of the adopted child to the parents. The initial indexed benefit amount is 8 thousand rubles.
2. Maternity benefits (but if at the time of adoption your child was over three months of age, you will not receive the benefit).
3. A monthly benefit paid based on the average earnings of the adoptive parent over the last 2 years. Paid until the child reaches one and a half years old.
4. Maternity capital for one parent, in the presence of two or more children, both natural and adopted.
5. A payment of 100 thousand rubles is also given for each child in the following cases:
6. Disability of the adopted child.
7. If at the time of adoption the child is over seven years old.
8. When adopting children who are related by blood (who are brothers or sisters).

How to adopt a newborn from a maternity hospital

Adopting a baby directly from the hospital can be difficult. Many couples, for many reasons, want newborn babies; in order to adopt a refuser, they have to get on the waiting list, for which, in addition to contacting the ROO, it is necessary to submit an application about the desire to adopt an infant child.

It is best if you start looking for a refusenik yourself. Representatives local authorities guardianship and trusteeship tell you that in the district maternity hospital, refuseniks in currently missing? You have every right to apply to the guardianship of other districts with the conclusion issued to you. And if the search for the baby turns out to be successful, the maternity hospital offers you an abandoned baby, then the guardianship is obliged to give you everything necessary information about the baby. Then you go to meet a child who desperately needs a home and family.

Having decided to adopt a baby, you sign an application for adoption and, together with the guardianship authorities, submit an application to the judicial authorities for a decision. final decision. As soon as the court gives its permission, you can officially be considered the parents of the baby, and receive an official birth certificate and a note in the passport from the registry office.

Please note that it will not be possible to take a child who is only a few days old. Those who refuse are transferred to the children's hospital from the maternity hospital, where they undergo medical examination. The state is obliged to provide guardians and adoptive parents with maximum information about the health of the baby being transferred to the family - future parents must be notified if the child has Down syndrome or any other serious illness.

On average, medical examination takes one month, and if there are specific candidates for parents, it takes a little faster. Please note - a child who was kept in an orphanage is rarely healthy, but this can be corrected with proper care and love. It is more difficult to take a child under one year old than an older one. There is a queue for such kids, but there is always a chance.

In the Russian Federation, raising children in families is a priority. Thus, rules for the adoption of children in Russia have been developed and implemented. This measure is associated with the emergence of rights and obligations for the parties in relation to each other. The rules governing the procedure for accepting a child into a family are enshrined in Chapter 19 of the Family Code of the Russian Federation (FC), as well as in other legislative and by-laws.

What is adoption

Adoption means the placement of a minor in a family as a family member. This process accompanied by the acquisition of parental rights, with all the ensuing consequences. The concept is recognized in legal practice natural. Until recently, it was believed that the adoption procedure did not lead to budgetary costs.

Attention: issues of placing children in families were discussed at the meeting Public Chamber in June 2015. Solutions to this representative body were the basis for the instructions of the President of the Russian Federation.

Norms legal registration processes are embedded in:

• Chapter 29 of the Civil Procedure Code of the Russian Federation (CCP);
• Federal Law No. 143-FZ.

For reference: the concepts of “adoption” and “adoption” in legal process are used in an equivalent sense (that is, they mean the same thing).

Who is subject to adoption by law?

When deciding on placement of minors in families, the state adheres to the following principles:

• priority of the interests of the child;
• respect for the rights of biological parents;
• inseparability of family ties between brothers and sisters.

In accordance with paragraph 1 of Article 124 of the Family Code, adoption is considered in relation to a minor deprived of parental care for any reason:

• orphanhood;
• placement in a baby home;
• leaving in the maternity hospital;
• throwing by an unknown person;
• deprivation of guardianship from biological parents.

Important: adoption of Russian children by foreigners is allowed. The priority reason is to respect the interests of the minor.

Do you need information on this issue? and our lawyers will contact you shortly.

Basic requirements for adoptive parents

On practice government bodies those involved in making decisions about placing children in families are guided by the following legislative rules:

1. Every citizen of the Russian Federation who has reached the age of majority and has acquired legal capacity can potentially become an adoptive parent.
2. The candidate parent must provide complete and accurate information about himself. In addition, agree to a thorough check by the guardianship and trusteeship authorities of your:
   • health conditions;
   • moral level;
   • financial and financial situation;
   • other information if necessary.
3. Priority is given to:
   • married couples;
   • spouses of parents of minors;
   • close relatives of the children.

Attention: adoption is established exclusively by a court decision. This differs from the institution of guardianship and trusteeship.

Who cannot adopt children

Legislative restrictions are established for persons applying to adopt children into a family. Namely, adoption by citizens is prohibited:

1. Punished for crimes against children, life and health of citizens (indefinitely).
2. Having a serious illness, including a contagious one. This category includes disabled people of group 1 and patients who can transmit the infection to minors (until recovery and removal of disability).
3. Having a criminal record outstanding by law.
4. Suffering from alcoholism and drug addiction.
5. Those who have not confirmed a sufficient level of income.
6. Without housing.
7. Deprived of parental rights in relation to other children who have previously failed to cope with the function of a guardian or adoptive parent.
8. Having a spouse deprived of legal capacity by a court decision.

Please note: There is a rule regarding the age difference between the minor and the new parent. This figure cannot be lower than 16 years. The rule is violated extremely rarely. In addition, it does not apply to the spouses of the adoptive parents (stepmother, stepfather).

When is consent required?

IN general case permission of biological parents is required to place their child in another family. This document drawn up in writing and certified by a notary. In addition, there are such situations:

1. Behind teenage mom and the father gives permission to adopt minors:
   • guardian;
   • OPP in the absence of an official trustee.
2. Consent is formalized in two ways:
   • personal - in relation to a specific citizen;
   • general - concerns an indefinite number of people.
3. Cancellation of an adoption permit is allowed only before it comes into force court decision about such.

Attention: guardians must also give permission for the minor ward to be placed in another family.

A document of consent is not provided if it is revealed that the biological parents:

• not installed;
• died;
• are listed as missing;
• incapacitated;
• deprived of rights in relation to children.

Important: when deciding on placement in a family, the consent of the adoptee at the age of 10 is required. It is expressed orally and recorded by the guardianship authorities.

In addition, there is another circle of persons whose permission to the adoption procedure is taken into account. These include:

• spouses of adoptive parents;
• children raised in a family.

The Mystery of Adoption

The Constitution of the Russian Federation states the right of citizens to personal and family life. From it comes a rule that guarantees the strict preservation of information about the act of adoption. All officials Those participating in the process who own the relevant information are obliged to keep it secret.

Attention: civil servants will be punished for disclosing information about the placement of children in families without the permission of the participants in the process.

Child's personal data

In order to maintain the secrecy of information about the adoption of children, new parents have the right to completely change the following data:

• last name (give their own);
• patronymic (corresponds to the name of the male adoptive parent);
• date of birth;
• place of birth.

Attention: the question of changing the baby’s personal data should be initiated during trial(and think about it in advance).

The court decision provides grounds for re-registration of the child with new full name and other data in the registry office. An exception is cases of adoption of children who have celebrated their tenth birthday. They have the right to refuse a new name, surname or patronymic.

Adoption procedure

The adoption process is laid down in detail in Article 125 of the Family Code. The main points of the procedure are as follows:

1. Procedurally, only a court can grant parental rights to a minor.
2. In accordance with Article 269 of the Civil Procedure Code, a decision should be applied to district court at the place of registration (child, adoptive parents).
3. Installed mandatory involvement to the hearing of representatives of the prosecutor's office and the OPP.
4. In addition, the above departments are required to conduct a preliminary comprehensive examination of the case.
5. It is permissible to involve other persons in the hearing who have important information:
   • teachers;
   • guardians.
6. Biological parents court hearing are not involved except in cases where they have not lost the right to defend their legal authority on the upbringing and maintenance of a child.
7. The adoption decision may be canceled by the court if a violation of the law is discovered.

Important: the court decision comes into force from the day it is made. Parents acquire all the rights in relation to a minor as set out in Article 12 of the Family Code.

The court transmits the adopted and formalized decision to the registry office within three days. Registry office specialists initiate the registration of the baby’s documents in standard procedure based on the information received.

Download for viewing and printing:

Adoption progress

In practice, a court hearing is preceded by several stages, during which mandatory expert activities are carried out. Namely:

1. Obtaining the status of candidate parents.
2. Familiarization with the list of orphans.
3. Child's choice.
4. Getting to know him, establishing contact.
5. Collection of documents for the court hearing.
6. Process and getting the final decision.

Attention: the list of children subject to adoption is compiled by the Public Prosecutor’s Office at the place of their birth or residence at the time of loss of parental care. All information goes into a federal data bank and is available to each approved parent candidate.

How to obtain candidate status

The decision on whether a citizen can become an adoptive parent is made by the OPP. To do this, they need to provide proof of full compliance legal requirements. The list of documents includes:

1. Biography.
2. Certificates about place of work, income, property, housing.
3. Information about your health status based on a comprehensive medical examination.
4. Information about the composition of the current family, including the presence of an officially registered marriage.

Attention: OPP specialists make a decision within five days. However, as a rule, they need to additionally:

• interviews with candidates;
• housing survey living conditions;
• collection of other information characterizing the candidate (from the place of duty, from neighbors and other persons).

Preparatory activities

Citizens who have received written approval from the PPP for candidate status are required to carry out the following work:

1. Prepare living conditions for the child.
2. View the list of children for adoption. It is posted on a special website, the address of which will be given by guardianship specialists.

Attention: it is recommended to familiarize yourself with the literature on raising children and attend foster parenting courses.

Child selection and introduction

As a rule, adoptive parents already have an idea of ​​what kind of baby they want to take into the family. If the choice is not made, then you should contact:

• any organ of the PPP;
• to the federal (regional) operator.

Once a candidate for adoption has been identified, it is necessary to begin communicating with the baby. This will require special permission OPP. It is necessary to write a corresponding statement indicating the details of the baby and his location.

Download for viewing and printing: Important: in the process of considering the case of placing a minor in a family, the fact that candidate parents have established contact with him is taken into account.

Expectant parents are allowed to visit the baby for ten days (extended if necessary). At the same time, the management of the institution:

• promotes communication between potential family members;
• ensures that candidate parents do not harm the child, including instilling false hopes;
• has no right to interfere with communication or divert the attention of potential parents to other orphans;
• provides candidates with complete and detailed information about the child, his state of health, biological parents (if any).

Collection of documents for court

When the baby has been identified and contact has been established, it is necessary to prepare for the court hearing. The work is carried out by two parties:

1. Candidates assemble their own package.
2. The child’s documents are prepared by:
   • guardianship;
   • administration of the institution in which he is located.

Potential parents, in addition to the above documents, will need to prepare:

• statement of claim;
• copies of adoptive parents' birth certificates;
• documents on the conclusion or dissolution of marriage;
• confirmation of the status of a candidate for adoptive parents;
• written consent to the act of adoption of interested parties.

Attention: there are many nuances associated with confirming income or possession of property. They should be sorted out with a lawyer or guardianship specialists. A candidate for adoptive parents cannot be provided false information. This will lead to negative decision judicial authority.

Final decision

The end of the process is the issuance of a court decision. As a rule, adoption cases are prepared especially carefully. This leads to the fact that negative court verdicts are rare. If one is issued, it is allowed to challenge it within ten days.

Attention: in order not to receive a court refusal to adopt, it is necessary to remove in advance all obstacles to placing a minor in a family.

Adoption example

A married couple raising a young son has broken up. The child remained with his mother. Soon the woman remarried. The relationship between her new husband and her son developed in the best possible way. The woman decided to legitimize them.

She turned to her former husband for permission to adopt. He refused, although he was not interested in the fate of his son and did not support him financially.

On the advice of guardianship specialists, the woman filed a statement of claim in the district court. Its essence was the requirement to establish paternity over a son in favor of the current spouse, with the deprivation of the right of a parent to the former husband. When considering the case, the court was guided by the following logic:

1. Article 129 of the Family Code prohibits changing paternity without the consent of the biological parent (and it has not been obtained).
2. However, the law allows for the deprivation of the right to vote of a citizen who does not fulfill parental duties in relation to children, due to their:
   • material support;
   • education.
3. The list of situations in which adoption is carried out without taking into account the permission of the biological father is contained in Article 130 of the Family Code.
4. In the situation under consideration, evidence was provided of the lack of interest on the part of the biological father in his son, financial assistance(did not pay for more than 6 months in a row). In addition, the woman tried to find him and contacted the Ministry of Internal Affairs. The search yielded no results.
5. The court granted the applicant's request.

Dear readers!

We describe typical methods solutions legal issues, but each case is unique and requires individual legal assistance.

June 27, 2017, 10:59 Feb 11, 2019 23:12

The happiness of being a parent is incomparable. Being next to your baby from the first seconds of his life, seeing his first hesitant and cautious steps, hearing stupid and funny words...

But what should those whom nature has deprived of this happiness of being a mother or father do? Don't despair. In such a situation, there is still a chance to become a happy parent - to adopt a child. A single woman or man, or even entire families who do not have children of their own, will thus be able to not only help themselves, but also give a happy childhood to a child who is unlucky in life.

What is adoption

In the Russian Federation, adopting a child means taking him into your family, under your roof. Give him, in addition to your last name, affection, love, and care.

During adoption, the same rights and responsibilities arise between the child and the new parents as in ordinary families with consanguinity. But whether there will be the same love depends on you.

So, how to adopt a child from a maternity hospital or from orphanage? What needs to be done for this and where to go? This is a rather lengthy procedure, and it consists of several mandatory steps.

Stage one: becoming adoptive parents

First, you need to make a request to the guardianship authority in the place where you live. Only there can you obtain permission to adopt a child. Documents to be submitted:

a) a statement of the established form;

b) certificate of income or document from the place of residence permanent job, where the position you hold and your salary are indicated;

c) certificate of ownership of real estate(housing) or an extract made from;

d) a copy of your financial account;

e) a medical certificate of the established form, which is issued to citizens wishing to become adoptive parents;

f) a certificate confirming that you have no criminal record;

g) autobiography;

h) marriage certificate (copy) for citizens who are members of it.

All documents listed above must be issued a maximum of 1 year ago. In addition to the medical certificate, which is valid for 3 months. When submitting documents, you must present a passport or other identification document).

What is needed to adopt a child, besides submitting the documents listed above? Good conditions accommodation. After all, employees of the guardianship authority will visit you to check how you are living. And they will draw a conclusion about whether you are able to provide your unborn child with a normal existence.

Then, within 15 days (working days) from the day the application was submitted, the guardianship authority must draw up a conclusion on whether you can become adoptive parents. When positive result you will be given a corresponding document, which is valid for one year, and will be registered as citizens who are adoptive parents. In case of refusal, you will also be sent a corresponding conclusion and all documents will be returned within five days.

Stage two: choosing a child

If you receive a positive response and register, the guardianship authority will tell you how to adopt a child from a maternity hospital or orphanage. After this, you will be provided with all the information about the children who are allowed to adopt. You have the right to receive detailed and reliable information about the child, including information about whether he or she has any relatives. If you wish, you can contact any medical institution to have your child examined.

Then the guardianship authorities will issue a referral to visit the child you have chosen at the place of residence. This document is valid for ten days and applies to visiting only one child. In the event that good reasons the deadline has been missed, it can only be extended upon appropriate application.

After receiving the referral, you can safely go to a meeting with the child to get to know him, communicate, study his documents and medical report on his health. The latter must be done under signature.

Then you are obliged to notify the guardianship authority in writing about how you visited the child and what decision you made about him. This must also be done within a ten-day period while the issued referral is valid.

If for some reason you decide not to accept a proposed child into your family, you have the right to receive another referral to visit another applicant.

How to get information from data banks

All orphans whose adoption is permitted in accordance with the law are included in regional and federal banks data. To obtain the relevant information, you must submit the following documents:

a) a copy of your passport, birth certificate or other document that proves your identity;

b) a conclusion issued by the guardianship authority that you can be an adoptive parent;

c) an application requesting information and selection of a child who meets your wishes;

d) questionnaire.

The application with the documents attached to it is considered within a ten-day period. The guardianship authority is obliged to send new children’s profiles once a month that correspond to your wishes. Fifteen days are provided for their study.

Stage three: court approval

It is possible to officially and legally adopt a baby or older child in our country only through the court. Grounds to start judicial trial- application for adoption. It is filed with the court at the place of residence of the child being adopted.

The application must be properly completed and the following documents must be attached to it:

a) if you are not married - birth certificate (copy), if you are - marriage certificate (copy);

b) certificate issued medical institution, about the state of health;

c) certificate of income;

d) for real estate (housing) or an extract made from the house register;

e) a document confirming that you are registered as an adoptive parent.

All of the above documents must be submitted to the court in two copies. Meeting on this issue is closed and takes place in the presence of a prosecutor, an employee of the guardianship authority and a child who has already turned fourteen years old. Your appearance in court is required. From the moment the court decision comes into force, within 3 days a copy of this decision will be sent to the registry office for registration of adoption at the state level.

Stage four: formalizing the adoption

The last thing you need to do to adopt a child is to get everything legal. This is done by the civil registry office. In order to register adoption, you need to write an application or apply verbally. To do this, you need to present your passport and a positive court decision. If you do not do this yourself within a month, then the registration of adoption will be carried out by the registry office independently on the basis of a court document.

The registry office issues a new birth certificate for the child, where your names will already appear in the “mother” and “father” columns. However, if the child remains with his biological parents, no changes will be made to his birth record.

Now you have the right to personally pick up your child. But do not forget within 10 days from the date of the court’s decision positive decision notify the guardianship authority with which you are registered about everything.

How to adopt a child from a maternity hospital

Taking a baby from a maternity hospital is much more difficult than from shelters or baby homes. The fact is that in our country there are many more couples who want to adopt a newborn child than those who are ready to accept older children into their family.

The guardianship authorities, as well as the courts, treat such adoptive parents with increased attention.

So, the main requirement for this procedure is that the age difference between the future parent and the child is at least 16 years.

A statement of desire to become an adoptive parent must be notarized.

In addition to meeting all of the above requirements, you must complete a full medical examination for availability mental disorders, skin and venereal diseases, oncology and nervous system disorders.

Who cannot be an adoptive parent

1) persons recognized in judicial procedure partially capable or incapacitated;

2) spouses, if one of them is incapacitated or has limited legal capacity;

3) persons deprived of parental rights by the court;

4) persons who, due to their health status, are unable to fulfill parental responsibilities;

5) former adoptive parents if the adoption was previously canceled by the court due to their fault;

6) citizens removed from guardianship by court;

7) unemployed or low-income citizens who are unable to provide a living wage adopted child;

8) persons previously convicted of serious crimes;

9) faces without specific place residence;

10) citizens who live in premises that do not meet technical and sanitary standards.

Money issue

The amount of payments depends on many factors: where you live, whether you work, how old the adopted child is, etc.

Which is paid upon adoption of a child, is 8,000 rubles. This is common federal benefit. There are also separate lump sum payments in the Moscow region: for each child - 20,000 rubles. If you adopt another baby under the age of six months, you will receive an allowance of 5,000. For the third - 15,000. For each subsequent one - 20,000 rubles.

If you do not work and adopt a child under three months, you also receive benefits. These are payments in the amount of the average monthly wages, calculated for the last 12 months worked.

The Mystery of Adoption

Many people try to adopt a child under one year old, because they think that this way it is easier to hide this “terrible” secret. Others, on the contrary, do not think that there is anything shameful in this, and from childhood they reveal the whole truth to their adopted child.

By Russian legislation all those who are aware of the adoption procedure (employees of the guardianship authorities, the registry office, the judge who made the decision and others) are obliged to maintain this secret. For its disclosure, responsibility comes: from a fine of 80,000 rubles to arrest for four months.

However, any person over 18 years of age has the right to obtain from the court archive all information about his adoption, as well as about his real parents.

Before you begin, you need to find out whether you are legally qualified for the role. The list of persons who cannot participate in is given in Family Code Russian Federation.

All requirements are reasonable and logical. Persons who are incapacitated or have limited capacity cannot become parents. capable persons. If you have previously been deprived of parental rights, you should not hope for a new experience with a step-child. In 2013, the Government of the Russian Federation was list approved diseases that you do not have the right to apply for adoption. The law also takes care of material well-being child - you must have an income of at least living wage, permanent place residence, satisfactory living conditions(their assessment is given by special commission). People who have a criminal record for a crime against a person (it is especially noted that the crime is only of an intentional nature) do not have the right to be adoptive parents.

Single women and men

It is not at all strange that most often single people think about adoption. This happens when the main achievements in your career have been made, your income is stable, but the person with whom you would like to greet a new day every morning has not been found. , tenderness and attention can be given to a child. In Russia, both single women and single men are allowed to adopt children. In practice, it turns out that such people are treated with caution, employees social care Compliance with the requirements of the law is carefully checked, and this is done solely in the interests of children. The procedure for adoption by a single woman or single man is not much different from adoption married couple. A list of documents can be obtained from the department social protection. Once the right to adopt is confirmed, you have to find the nearest one and start attending classes. Certificate of completion similar establishment included in mandatory package adoption documents. The process of preparing documents is the same for both men and women.

Of course, there are many nuances. First of all, you need to understand that if you are single and want to adopt a child under one year old, you will have to wait your turn. Naturally, preference is given to married couples.

The following situation often occurs: a man, after the death of his wife, who already had a child from another person, decides to adopt. In this case, when appealing the adoption in court, you will have to prepare a certificate of renunciation of the parental rights of the biological father.

Adoption by foreign citizens

From January 1, 2013 The State Duma The Russian Federation has passed a law that prohibits the adoption of Russian children by US citizens. Citizens of Belarus, Ukraine and any other countries can adopt a child from Russia. Although the procedure will take much longer. This is all connected with the same secret queue. First - married Russian citizens, then single men and women, and only then foreigners. Citizens of the Russian Federation who do not live in the country can also adopt a child.

It may seem that the requirements for adoptive parents are very strict, or that collecting all required package documents is impossible. This is wrong. Look at the situation from a different point of view. Social care authorities are there to protect the child. A tragedy has already occurred in the life of a little man abandoned by his parents. Allowing another one is callous. Therefore, all candidates are carefully checked. Moreover, if natural children are carried for nine months and all this time they are preparing for motherhood, then why should it be different with adopted ones? Collecting documents and passing commissions - necessary measure, which allows you to once again understand the full extent of the responsibility you have assumed.

Elena Kononova