Is it possible to adopt a child without certificates? What do parents need to adopt a child from an orphanage?

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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 additional problems, contact government guardianship services exclusively. 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 older than three months, you will not receive benefits).
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 children; in order to adopt a refuser, they have to stand on a 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 to make a 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 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 these kids, but there is always a chance.

Adopting a child is an extraordinary, serious and responsible step. It doesn’t matter what motives prompted you to think about adoption, but it is unacceptable for such a desire to be dictated by a momentary whim. To ensure that adoption does not take place under the influence of a touching moment, and that children are not subsequently sent back to orphanages, the Russian Federation has established a rather labor-intensive mechanism for selecting applicants and the procedure for adopting a child.

Adoption is a serious and responsible step

Why adoption

According to statistics, the most common reason for adopting children in the Russian Federation in 2017 was the inability to give birth own child(for example, due to physiological or age characteristics) or the death of a child. The couple wants to love the child, surround him with care and affection, but they cannot give birth.

The second place is firmly occupied by single women who want to give their entire supply of unspent love and affection to an adopted baby left without parental care, to find meaning and joy in their lonely life.

Another common motive for adoption in 2017 was the desire of a couple who already has one baby to increase their offspring with one or more children, so that the children grow up in a large and friendly family.

Who is allowed to adopt a foster child in Russia?

According to the law in force in 2017, a husband and wife, or a single male or female person, have the right to adopt a baby in Russia. The adoption procedure is regulated by the “Rules for transferring children for adoption and monitoring the conditions of their life and upbringing in the families of adoptive parents in the territory of the Russian Federation” (hereinafter referred to as the Adoption Rules).

The adoptive parent must meet certain requirements

Any person who has the following qualities has the right to adopt a child:

• Legal capacity.
• If the adoptive parents are a married couple, then both husband and wife must be fully capable.
• The candidate must conscientiously fulfill the responsibilities of a parent in relation to the children he already has.
• Deprivation or restriction of parental rights regarding natural children is a serious obstacle to inviting another child into the family.
• A person who has previously been removed from guardianship due to failure to fulfill the functions of a guardian has no right to become a candidate. The adoption previously established by the applicant was not canceled due to the guilty behavior of the applicant.
• The applicant’s earnings must be such as to provide the adopted child with normal level life in the region of his residence.
• The applicant must have permanent housing and registration.
• You cannot be previously convicted of crimes that violate life and health, freedom, honor and dignity, crimes that violate sexual integrity, minors, and public safety.
• You need to live in a house that fully complies with technical, and first of all, sanitary standards.
• Must pass special training(if the applicant and the baby are not close relatives or the applicant has previously adopted someone).
• The health of the applicant must ensure that he real opportunity exercise parental authority.

There is a very specific list of ailments, if detected, the adoption procedure according to the laws of the Russian Federation cannot be initiated. Among such diseases it is necessary to mention tuberculosis of all forms, alcoholism, drug addiction, substance abuse, mental illness affecting capacity, infectious diseases, malignant oncological diseases, as well as all diseases that contributed to group I and II disability, due to which the candidate becomes incapacitated.

Who can you adopt?

In Russia, you can invite not just any child you like into your family. Adoption is carried out for children left without parental care: orphans; children whose relatives have agreed to their adoption by other people; foundlings; children whose parents are unknown or missing; offspring of incapacitated parents; children whose parents have been deprived of parental rights; children whose parents do not live with them for more than six months, are not interested in the little ones and refuse to support them.

In Russia it is forbidden to separate half-brothers and sisters

You cannot adopt an adult ( adult). In Russia it is prohibited to separate half-brothers and sisters and adopt them in separate families(This can be done occasionally, and only when the children themselves are interested in it).

Summarizing the above, only minors who have lost the care of their relatives are allowed to adopt in Russia, moreover, adoption is allowed with the aim of changing the lives of children for the better, their harmonious development, giving them the opportunity to grow up in a family that loves them.

How to adopt a child

The procedure for adopting a child in Russia can be schematically described in several steps:

1. Search for a child.
2. Obtaining information about the child.
3. Meeting with a future family member.
4. Establishment of adoption in court.

Various services for adoptive parents were organized in the past, and bona fide applicants for adoption in Russia visited them voluntarily to find information on the most important issues regarding the care of adopted children. Now, undergoing special training is an indispensable obligation for applicants in the Russian Federation. Without a document on preparation in Russia, adoption cannot be carried out.

The School of Adoptive Parents is psychological, pedagogical and legal educational program

What is a school for foster parents? The School of Foster Parents in Russia, model 2016–2017, is a psychological, pedagogical and legal educational program lasting from 30 to 80 hours, of which 70 percent are practical lessons. The program consists of 13 sections that cover both psychological characteristics children left without care, and notifying candidates about their future responsibilities.

The importance of this program cannot be overestimated. According to statistics, in 2017 in the Russian Federation, about thirty percent of candidates who had undergone special training at Foster Parent Schools changed their minds about taking into their homes children left without parental care.

The innovation served the children well: the applicants soberly assessed their strengths and capabilities, realized that they were not ready to take on the responsibility and care of someone else’s baby, and abandoned this idea. It is well understood how a baby feels when he was abandoned twice - first by his relatives, and then by his adoptive parents, who did not have enough strength to take care of the little ones who remained alone.

The school for foster parents has allowed us to triple the number of children returning to orphanages, orphanages and rehabilitation centers from the home that had become their home.

Search for a child

To register as an applicant and begin searching for a child left without care, you need to write an application to the guardianship. Remember that registration as an applicant for adoption with the guardianship authority of one region prevents the registration and search for children in another region.

Exists special base data of children subject to adoption

Only after rejecting the option found by the relevant service, the applicant has the right to write an application to another region of the Russian Federation. To save time and nerves, it is better to decide for yourself who you want to find before you start registering. The corresponding services in Russia begin the search process by offering applicants children left without care with various developmental defects.

Healthy children in the Russian Federation and other countries post-Soviet space are not offered immediately. And in 2017, there was a huge queue for babies from an orphanage in Russia. For the most effective search It is better for applicants to be active themselves: search on the Internet, visit children’s homes in order to provide voluntary volunteer assistance, or together with charitable organizations. Registration on thematic forums and sharing knowledge with other applicants helps.

Obtaining information about the child

After the applicant has completed special training and registration, the guardianship authorities in the Russian Federation will provide him with comprehensive information from the data bank about children left without care. Information is not provided about all children at once, but only about those allocated to orphanages or infant homes in the region of residence of the applicant and matches the wishes formulated by him.

Information is transmitted to the candidate about a specific baby individually and one by one. The candidate has the right to ask the operator to send the baby to the hospital in order to carry out an alternative procedure to the existing one. medical examination baby, information about which he was provided. The examination is carried out in the presence of the employee orphanage where the baby lives.

If the citizen is satisfied with everything and agrees to focus on this particular baby, the operator offers him a referral for a meeting. IN shortest time the applicant must certainly meet the baby and establish friendly, trusting relationships.

If the operator is unable to find a baby that matches the request from many questionnaires, the applicant can submit an application to the operator to continue the search. When the operator receives information that meets the wishes of the applicant, he must notify the applicant of its receipt.

In September 2015, the Government of the Russian Federation adopted a revolutionary resolution, according to which young citizens of the country are distributed to shelters not for long-term accommodation, but for a while - until they are placed with a family. It is not so important which specific family the baby will return to - his own or his adopted one. Important, that priority direction everyone public services is the search for families for children left without love and affection.

Since 2015, the registration of applicants as adoptive parents has become not an empty formality, but a bridge that helps meet a loving adult and a little person left alone.

Meeting with a future family member

Every applicant for adoption is anxious and worried before the first date with the baby. And he makes a lot of mistakes. It is worth remembering that the meeting will be with a traumatized child. He is traumatized by the very fact of rejection, rejection. Even if physically he is absolutely healthy. Even if he is sociable and active in nature.

Children in an orphanage

There are a number of psychological rules, as immutable as the laws of nature, which are best learned and followed. According to statistics, every fifth candidate for adoptive parents in 2017 refused to adopt a child they had previously chosen due to their inability to get into contact with the baby at the first meeting. It's not bad at all. This is fine. Because the first meeting is needed to obtain, among other things, information about the baby that cannot be obtained by looking at photographs, questionnaires and medical certificates.

You need to know that in an orphanage life is uneventful and visits from strangers are rare there. Many children have never seen men at all. Therefore, you need to dress and behave as unobtrusively as possible and let your child get comfortable in an unfamiliar company. It’s best to come while the kids are walking, sit down and observe: how “your” baby behaves in a relaxed atmosphere and how he behaves when he notices strangers.

Establishment of adoption in court

That's it, there is no doubt left: this baby is yours. There is one last step left, after which he will become a full member of your family. All that's left is to go to court. Your application will be heard behind closed doors. court hearing in the presence of the guardian and the prosecutor, and sometimes the child.

There is no need to be afraid of court - this The final stage designed to find out the purity of your intentions regarding the baby and understand whether there are other people claiming to take care of the little person.

If the trial will go to meet your request, he will indicate in the decision all the information about you and the baby necessary to register the adoption at the registry office. With this decision, after it comes into force, you can go to the shelter to pick up your (already your own) baby and take him home.

You can ask the court in advance to put the decision into immediate execution and then take the baby away immediately. Now all that remains is to notify the data bank operator so that the baby’s profile is no longer offered to other applicants.

Adoption for childless couples is an opportunity to become parents adopted child. And this is a very common procedure in all modern states. Where to start with adoption? And you need to start by finding out what documents you will need, where to apply, and what to do then. But, most importantly, make perhaps the most important decision in your life. Not only your future will depend on this decision. And also the fate of the little man, who in no case should suffer from the fact that you change your mind or are afraid of difficulties. Here the moral aspect is much more important than all documents and courts.

The decision is the first and most important step

Children are our bright future. And these are not empty words. Becoming a mom and dad is the greatest happiness in the life of any married couple. Only after the birth of a baby do people understand their true purpose and the meaning of their existence on Earth. But, alas, not everyone and not always can experience the joy of the birth of a beloved child.

This is often due to health problems. Some of these problems are completely solvable. But sometimes doctors cannot help and make a disappointing diagnosis - infertility.

Alone married couples they come to terms with this and move on with their lives, finding activities and hobbies for themselves, giving love to each other and not complaining about fate. Others do not lose hope, carry out expensive courses of treatment, and try to get pregnant again and again.

But there is another way to become a full-fledged family. This is the adoption of a child.

Yes, knowing our legislation and all the delays associated with adoption, most potential parents are afraid of paperwork. And this option is not considered at all, considering that it is easier to fly into space than to become a mother or father of an adopted child.

But believe me, time does not stand still, everything changes. The adoption process is also changing, or rather the procedure for this process is being simplified. And today, acquiring the status of adoptive parents is no longer as difficult as it used to be.

This, of course, cannot but please those people who have been dreaming of having children for years, want to give them their love and tenderness, and enjoy all the delights of a fulfilling family life.

Where to start with adoption? First of all, by making a firm and unshakable decision. And you must accept it with full responsibility. Realizing that you will have no way back.

Of course, children are happiness and joy. But children are also everyday work. Raising a child is an honorable mission, but not an easy one. And raising a foster child is doubly difficult. Are you ready to fight and win?

If yes, then honor and praise to you. There are more than 20,000 orphanages in our country, and this is 800,000 poor orphans who wait and hope to find fathers and mothers every day. By becoming the parents of one of these babies, you will make him the happiest child in the world.

This concerns the moral aspect of adoption. Next about the legal framework.

What does the law say?

IN Russian Federation Children can be adopted by:

• citizens of Russia;
• Foreign citizens;
• citizens of Russia permanently residing abroad;
• stateless persons.

This procedure is regulated by:

• Articles 124, 165 of the Family Code;
• Federal Law No. 44-F3 of April 16, 2001 “On the state data bank on children left without parental care”;
• other legal acts regulating the rights of the parties individually.

Adoptive parent, guardian (trustee) or foster family?

Now there is one more question that you must decide on. Who do you want to become for your child? Adoptive parent, guardian or trustee, foster family - here possible options. What's the difference?

• Adoption. This is the adoption of a child into a family with the rights to be a full member of this family. WITH legal point In sight, the baby officially becomes your son or daughter. The adoptive parent can be either one parent or a pair of parents. The whole process remains secret, and no one except you will know that the child is adopted.
• Guardianship and guardianship. This is when a toddler is accepted into a family for the purpose of his upbringing, maintenance and education. Children under 14 years of age can be cared for, and guardianship is established over children from 14 to 18 years of age. The difference from adoption is that strict financial and housing and communal requirements are not imposed on guardians and trustees. By the way, only one person can take care of you.
• Adoptive family. Provides for the upbringing of a child in a family of adoptive parents. This makes it possible for the baby to live not in an orphanage, but in normal home conditions. As a rule, children who cannot be placed for adoption or guardianship are placed in foster families. This happens after signing an agreement between the guardianship authorities and the adoptive parents.

Where to contact?

Anyone wishing to adopt a child can contact the guardianship authority at their place of residence for preliminary consultation. Be sure to take advantage of this right. There you will learn all the details of the adoption procedure and, for starters, will receive a list of documents that you will need to become adoptive parents.

What documents are needed?

Parents who decide to adopt a child or take him under guardianship (trusteeship), when contacting the guardianship authorities, must have with them:

• passport;
• a short autobiography;
• a certificate from the place of employment, indicating the position and income;
• income statement (valid for one year from the date of issue);
• document confirming the availability of suitable living conditions(valid for one year from the date of issue);
• certificate of no criminal record for special offenses serious crimes(also valid for a year);
• medical certificate about the health status of persons wishing to adopt a child (valid for 3 months from the date of issue);
• a copy of the marriage certificate.

Can you adopt a child?

To become an adoptive parent, it is not enough to just want it. You only need to have positive characteristics worthy wages and acceptable housing and communal conditions. What will serve as the key to a full and comfortable life for the child you have adopted into the family.

Here are the requirements for future parents:

• voluntary consent to adoption;
• the family income must be sufficient for a decent living for all its members;
• parents have no criminal record;
• absence of serious oncological, venereal, drug addiction and psychoneurological diseases if present relevant certificates with all seals and stamps of medical institutions;

If all documents are in order, the relevant commission will give you permission to adopt. After some time, your home should be inspected by social security authorities.

Then the guardianship and trusteeship authorities make a conclusion about the possibility of being an adoptive parent - the same conclusion that puts you on the register of candidates for adoptive parents.

And only after that you will receive official permission adopt a child. With this document, you can already look for a future baby for your family.

Search and dating

After registration, you, as adoptive parents, are provided with a list of all children for whom you can become adoptive parents.

After reviewing this list and making your choice, you have the right to:

• get detailed information about the baby and his relatives;
• study the toddler’s personal file and medical certificate;
• get to know the child personally;
• conduct an independent medical checkup with an official representative.

Judicial review

After collecting and checking documents, choosing and meeting the child, your case will be heard in court. Where, based on all the information you have collected, it will be decided final decision about the adoption of the baby you have chosen.

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;
• stay 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 compiled in writing and notarized. 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 permitted only before a court decision on it comes into force.

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 parental rights in relation to a minor can only be granted by a court.
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 are not involved in the court hearing unless they have 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.

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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 Promotion Office at the place of their birth or residence at the time of loss of parental care. All information is shared federal bank data and are 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;
• survey of 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, and 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

Children who are left without parents need care and love. Adoption is a priority form of placement for such children.

The process involves the emergence of family ties between the child and new family. It is permissible to adopt a child only in court after obtaining the consent of the guardianship authority.

Adoption issues are the most important and painful. Adoptive parents must take on all the hardships of raising a child, but they do not always realize this.

Not many people decide to do this important step, despite countless and unsuccessful attempts to have children of their own. And hundreds of thousands of children continue to stay in orphanages, orphanages, and boarding schools, waiting for their new parents.

But some couples still decide to take a responsible step. Let's look at what it takes to adopt a child in 2019.

Adoption is the acceptance of a child into your family as a blood child, with all the corresponding rights and responsibilities. This is the priority form of the device.

The procedure and basic provisions of adoption are regulated Family Code RF, Chapter 19.

Up to what age can you adopt a child in Russia? Until the child reaches 18 years of age (Article 124 of the RF IC).

Children can be adopted only in their interests; the possibility of ensuring their full physical, mental, spiritual, and moral development is taken into account.

Children can be adopted by citizens of the Russian Federation who live abroad, foreign citizens who are not relatives of the children, one year after the receipt of information about such children left without parents in the relevant federal data bank,

Let's consider the requirements for those who can adopt a child in Russia.

Many childless couples who dream of having children often ask the question: “What should I do if I want to adopt a child?” Individuals must meet certain requirements established by family law.

Persons of both sexes who have reached the age of majority can adopt children. They cannot adopt a child (Article 127 of the RF IC):

The health status of potential adoptive parents is clarified during an examination carried out in a medical institution.

Citizens who are not married to each other are not allowed to jointly adopt the same child.

If several people want to adopt the same child, preference is given to the child’s relatives if they meet all the basic requirements and interests of the child.

The issue of age difference is important. The difference between the unmarried adoptive parent and the adopted child must be at least 16 years.

If the reason is valid, the court allows the reduction of such a difference. If a stepfather or stepmother wishes to adopt a child, no difference is required.

Let's find out what is needed to adopt children and where to start.

Adoption takes place in judicial procedure . An application is submitted from citizens who wish to become parents of a child (the procedure is regulated by Article 125 of the RF IC).

Relevant cases are considered with the participation of adoptive parents, guardianship and trusteeship authorities (CCA), and the prosecutor.

Future parents must receive a conclusion from the OOP that the adoption is justified and in the interests of the child, and the fact of personal communication between the adoptive parents and the adoptee is also indicated.

The rights and obligations of newly made parents arise from the moment the court decision on adoption comes into force.

The court, within 2 days, sends the corresponding extract from the court decision to the civil registry office at the place where the decision was made.

How to find a child whom citizens would like to adopt?

Persons wishing to become parents fill out and submit to the guardianship authority an application for an opinion on the possibility of adopting a child from an orphanage.

The following documents are attached:

A special commission visits the living space of candidates to establish decent level living conditions. The PLO draws up an act based on the results of checking the living conditions of citizens who wish to adopt a child.

A conclusion on the possibility of adoption is issued within 15 working days from the date of filing an application for adoption of a child. It is this conclusion that is the basis for registering candidates for adoption.

If the conclusion is negative, the refusal is provided to the applicants within five days from the date of its signing. They also return all documents and explain the algorithm for appealing the decision.

After registration, PLO employees provide information about existing children and issue directions to visit children at their location.

If potential parents have not chosen a child, they can contact another guardianship and trusteeship authority or another body entrusted with the work of placing children in foster care.

The referral is issued to visit one child, the document is valid for 10 days. The period is extended if there are grounds that prevent the citizen from visiting the child in fixed time(illness, business trip).

Citizens must inform in writing the operator of the state data bank about children about the results of the visit and the decision made.

Candidates for adoptive parents have every right to:

• obtain detailed information about the child, whether he has parents or relatives;
• contact medical institution to conduct an independent medical examination the child being adopted with the participation of a representative of the organization in which the child lives.

Candidates must personally:

• get to know the child;
• look at the adopted person’s documents;
• confirm in writing the fact of familiarization with medical report about the child's health status.

If the relevant data banks do not contain information about a child that a citizen would like to adopt, you can submit an application to continue the search for the child.

The operator must notify potential adoptive parents at least once a month about the receipt of new forms for children, which contain information that corresponds to the wishes of the citizen.

If a person twice received notification of the results of a search for a child who was left without parents, but did not come to get acquainted with the new profiles of the children, the search for of this person may be suspended and resumed based on a written application.

The adoption process is carried out by the court. The basis for resolving the issue is the application of the candidate for adoptive parents, in which he asks to establish the possibility of adoption. Submits it to the court at the location of the child.

The statement states:

All papers must be provided in two copies.

The adoption case is considered in a closed court session. Potential parents, representatives of the PLO, a prosecutor, a child who has reached 14 years of age, the child’s biological parents, and others participate. interested people(if necessary).

When a request to adopt a child is granted, the court recognizes the child as adopted by specific citizens. The rights and obligations of new parents are established from the moment the court decision comes into force.

The court sends a copy of the decision to the civil registry office at the place where the decision was made within those days.

The court at the location of the maternity hospital will require an application and certificates. Adoptive parents do not pay state fees. An official document from the guardianship and trusteeship authorities confirming their consent and approval is required.

The duration of the trial is usually two months. But if citizens want to adopt a baby from a maternity hospital, a court decision is made faster. You need to write an application for acceptance immediate decision, otherwise you will have to wait 10 days.

By court decision the baby can be picked up immediately. The maternity hospital gives out postpartum sick leave from the date of entry into force of the decision until the infant is 70 days old.

Parents apply to the civil registry office to obtain a birth certificate.

Parents have the right to keep the adoption secret so that the child truly considers himself his own. The secret is protected by law (Article 139 of the RF IC).

The circle of people who are aware of the long-term legal procedure, cannot be narrow: these are employees of the PLO, orphanages, and courts.

Must be specified in statement of claim request to change full name, date and place of birth. The difference between the current date of birth should not exceed three months.

Such a secret is justified; it makes sense if the child is taken from the maternity hospital or baby home when the baby is still very small.

If the judges who made the decision on adoption, civil registry office officials, and other knowledgeable persons divulge the secret of adoption against the will of the adoptive parents, they will be held accountable.

Let's consider the most frequently asked questions:

It is worth distinguishing between adoption and foster care.

Adoption - a child is accepted into the family as a blood child, he is a full-fledged member of the family. Inheritance rights are preserved, the child is assigned a full name, and the date of birth is changed.

But the process takes longer to complete; the state provides practically no assistance to adoptive parents (with the exception of postpartum leave and payments for the birth of a baby).

Requirements for candidates are very strict. Not every child who has been deprived of parental care can be adopted.

A foster family is a form of raising children in a family at home with a foster parent. Typically, such families include children who cannot be adopted or placed under guardianship due to the child’s lack of necessities. legal status, or guardians and adoptive parents cannot be found.

The duration of the placement is determined by the contract. The foster parent receives a salary and is credited seniority. The level of responsibility for the fate of the baby is high, but not complete. Foster parents are guardians here. Candidates have less stringent requirements.

For the child the person receives monthly allowance, benefits, he is provided with assistance in organizing the child’s education, recreation, and treatment. When a child reaches adulthood, he is given housing (if he does not have his own).

But the PLO constantly monitors such a family, and it is more difficult to formalize an agreement on the transfer of a child to the family. The child can see biological parents and relatives.

Video: Adoption of a child