Can I take a child from the hospital? The procedure for adopting a child from the hospital and at home.


Today, Russia has launched hundreds of programs focused on. Despite this, the number of children deprived of parental care does not fall. The way out of such a tragic situation may be foster family.

Foster family concept

The foster family is an option for the family placement of an orphan or child whose native parents were. For its formation, the territorial guardianship department creates an act and an agreement.

The status of the foster family is regulated by articles of the Family Code of the Russian Federation 152-155 (), and is accompanied by.

Formation of a foster family

Article 152 of the IC of the Russian Federation strictly spells out the rules by which a care program is implemented. Foster family is formed on the basis of  agreement. This agreement is signed by the parent-guardians and representatives of the child (guardianship authorities).

The contract shall indicate:

  1. Responsibilities of parents. Namely, to raise a child, to organize for him high-quality living conditions. To exercise leisure, respect, help the child adapt to life outside the orphanage.
  2. Duties of guardianship authorities. The government department is called upon to monitor the upbringing and maintenance of the child transferred through the foster program. In this regard, the foster family has the right to payments in 2017: one-time allowance - 16 350.33 rubles  (for each child), monthly payouts (40%   from the average wage of the parent for the last year), monthly remuneration to parents for each child under 10 years old - 7 857.64 rublesover 10 years old 8 756 rubles. Guardianship authorities also undertake to provide other social support to the family (the list of benefits is set individually depending on the capabilities of the region).
  3. Full information about the child, his native parents.
  4. Contract time.

Termination of a trusteeship agreement is a rare legal practice. But these situations do happen. Such cases are regulated by law in Article 153 of the Family Code of the Russian Federation.

So, contract  about a foster family is torn if:

  1. Expired.
  2. Foster parents no longer want or can not take care of the child - health problems, material support.
  3. Guardianship authorities reconsidered their decision and refused parental care. This happens if unfavorable living conditions for the child are noticed in the family.
  4. One of the parties to the agreement violated its terms.

Important: if the foster family is ready to take care of a frequently ill child with developmental disabilities or a disabled child, then the future place of residence should meet the vital needs of the adopted child.

Guardianship always follows exclusively the interests of the child. Therefore, if the child has already reached the age of 10, no agreement will be signed without his consent. The interests of younger children are guardianship authorities.

The procedure for the formation of a foster family

We will write down the steps how to take a child from an orphanage or a baby house and create a foster family:

  1. Transfer of a mandatory list of documents to the territorial guardianship authority.
  2. The management staff will check the submitted documents within 3 days, enter the information into the database, and inspect the applicants' living conditions.
  3. Waiting for a decision on appointing or not appointing an applicant as a foster parent takes about 10 days from the date of submission of documents.
  4. If the issue is resolved positively, parents receive a referral to orphanages to get acquainted with the child and his personal business. If necessary, the child may undergo additional medical diagnostics.
  5. In the case of a positive outcome, parents write a statement of their intentions to take the child to the family.
  6. Preparation of an act on the transfer of a child to a new family.
  7. Signing a contract.
  8. Accrual of social benefits.

To begin the process of registration of a foster family, you must contact the Department of Guardianship at the place of residence.

List of documents

  • help from the place of work of future parents. It should indicate the position, average salary, a description;
  • certificate of family composition;
  • documents for an apartment or house (owned by parents);
  • a police certificate confirming the absence of a criminal record;
  • health certificate;
  • autobiography;
  • written consent of all family members of the applicant.

Conclusion

Define the main points of the article:

  1. Adoptive parents  - persons who are ready to help a child an orphan or a child whose parents are deprived of parental rights in education.
  2. When accepting a child into the family, parents should understand that he will keep in touch with his relatives and his last name.
  3. The process of registering a foster family is complicated, but the requirements for parents are more loyal in contrast to the adoption procedure.
  4. Children who have fallen into a foster family and parents who have undertaken their upbringing are entitled to material assistance from the state in the form of allowances.
  5. Before starting the registration process, the family should evaluate their capabilities and not be guided only by material benefits. Foster parents should become his assistants in life, a role model.

The most popular question and answer for foster families

Question:My husband and I are foster parents for an abandoned child from the hospital. What are the legal benefits for foster families? Alina.

Answer:Alina, since the child is placed in a family from the hospital and is refused, the number of benefits is much wider than with ordinary adoption. Firstly, all food (up to two years) and medicines (up to three years) are paid by the state. With a court order, you have the right to receive a lump sum payment, as well as a monthly child allowance.

At the same time, the child retains all rights: he receives housing (the right to housing of biological parents or new, from the state), he studies for free in the same way as orphans. A mother who does not work, but raises a child, these years are included in the seniority.

Children themselves receive a large number of one-time benefits at various stages of life: when applying for a job, when changing schools. All kinds of content are also saved.

Today, foster parents receive 40%   from his weighted average earnings for the year, but not less 3 minimum wageestablished for the region.

What could be more important in a person’s life, if not a family. A full-fledged family consisting of dad, mom and children. In a house where children's voices are heard, happiness is born. I want to tell a story about how I made a major decision in my life.

Doubts and fears: why my husband and I did not dare to adopt a child for a long time

The decision to adopt a child was for me and my husband one of the most important in our lives. It so happened that we cannot have our children. For seven long years we tried to live for ourselves, to build a relationship for two. Twice he left me, but returned. Apparently, fate wanted to keep us together.

Of course, we thought about adoption. Although, I confess, I thought about it in horror. I had no idea how I could love someone else's child. Yet this burden of responsibility and fear. Today we are raising two adopted children. You say: how so? They were afraid to take one, but in the end - two? Yes, oddly enough. With the eldest son, everything went complicated. But after three years the girl was taken with ease and joy. It was as if she had given birth to a newborn. But that was later.

The psychologist helped to decide. He asked me to list what we are afraid of, what fears are pursuing us.

  • How can we love someone else's child?
  • How will others react to this?
  • What is heredity?

For a long time I believed that the mother’s love for a child originates somewhere at the genetic level, that a mother cannot but love her child. However, life convinced me. How many women are abandoning their own children, and how many who devote their lives to seemingly strangers. It turned out that love is born with time. Caring, daily contact with the baby, experiences for him - this is love.

As for gossip, fears were in vain.   Today, my children know that they are foster, and they know this from us, their parents. Therefore, no gossip is not afraid of us.

The third reason for our fears was more difficult.   I admit, we were very afraid that our child might have a bad heredity. Indeed, children from dysfunctional families fall into orphanages. But, on the other hand, we have familiar, quite prosperous people who have children with various syndromes. What is it? Ecology, an accident? I do not know. I prayed for healthy children.

How it started: our first steps to adopt a baby

Psychological consultations helped us. It was after talking with a specialist that we made the final decision to take the child to education.

We decided this: since the Almighty did not give us the opportunity to give birth to our children, then this is our fate. And in order to live life not in vain, to leave something good behind us, to do something useful, we decided on this difficult matter.

1 step - a trip to the guardianship authorities.

Learning about our desire to adopt a child, they offered a choice of several options: adoption, guardianship, foster care, patronage.

Adoption is a form of family education in which the adopted child and his adoptive parents become relatives, that is, the same relations are established between them as between the parents and the children.

In the case of the establishment of guardianship (for children under 14 years of age) and guardianship (after 14 years of age), the guardian assumes obligations for the upbringing, maintenance and education of the child, and also protects his interests.

Possible option of foster education. In this case, the adoptive parents conclude an agreement with the guardianship authorities according to which the adopted child, instead of the orphanage, lives in a new family.

Patronage implies   conclusion of a tripartite agreement between guardianship authorities, a potential foster carer and an orphanage. Starting from patronage and ending with adoption, the rights and obligations of people who have taken a child to be raised are increasing.

We decided to adopt immediately. Although one could go from a lighter one, for example, to take custody.

2 step - collecting documents.

I wrote a statement to get a conclusion that our family can become an adoptive parent.

To the statement I needed the following:

  • autobiography;
  • passport;
  • certificate of salary from the place of work;
  • documents for the house (ownership of housing);
  • certificate of no criminal record;
  • a certificate from a medical institution (medical examination);
  • marriage registration certificate (copy);
  • characteristics from the place of work, from the local and neighbors;
  • certificates from ZHEK, which confirm the residence of neighbors.

3 step - inspection of living conditions.

Social workers come in a few days we check the living conditions at our address, figuring out in this way whether we can provide the adopted child with decent living conditions.

Step 4 - passing the school of foster parents.

Step 5 - a physical examination.

6th step - getting an opinion.

Within 15-20 days from the moment of writing the application conditional parents should receive a positive or negative opinion.   In our case, the conclusion was positive.

7 step- search for a child.

There is one orphanage in our city. My husband and I made several visits. At first they searched, then, when they found, they looked closely. Although my Denisk immediately conquered us. When I saw him, my heart sank right away. Understood: he is ours. It seemed (and even now it seems) that he looked like my husband. They wanted the boy to get used to us, so they often came to visit and took them on vacation twice. I will not hide it, I knew everything about him in advance: I talked with specialists, got acquainted with the documents.

The 8th step is judgment.

Since we decided to become adoptive parents, a lawsuit was required. Only by court order did the boy become a legitimate son, receive our surname and was recorded on our passports.

Paper bureaucracy: what did we have to go through to adopt a baby?

Above, I outlined the main steps towards adoption. But to be honest, some of these steps simply knocked us out of our rut, infuriated us. For example, foster parents courses.

They told what an orphanage is, and how children find themselves in it, how to raise an adopted child. By the way, there were also lawyers who gave free consultations.

On the one hand, everything seems to be correct, the necessary information is given out.   But the organization of these courses is terrible. It doesn’t take into account that we are all busy people, that we have to take time off from work each time, since we have classes on weekdays, during working hours.

And another thing that bothered my husband was the exam, which we had to pass at the end of school. He, of course, was very nervous. Judge for yourself: three times a week in the middle of the working day we had to “run” to these courses, and then there was an exam, like for schoolchildren. But nothing. Passed with success, received certificates.

The next circle of hell is a physical examination.

This, my dears, is horror. Compared to the annual physical exam we usually go through, this one was something supernatural. I don’t know how in big cities, where adoption practice is more common, but in our district clinic the whole brain was “taken out”, pounded and all the forces were squeezed out. So many doctors and so many tests I have never undergone. Plus to everything: there is not one doctor, then another, there are no necessary forms, or doctors simply do not know on which forms what is filled out. Well, the timing. In theory, quickly, from 15 to 30 days. In fact, a few months. The whole process took us almost 4 months.

Today I’m sure that seven years ago my husband and I made one of the most important decisions in our lives. And it turned out to be true.

We are still full of strength and energy, ahead of us we have an interesting and full of impressions life.

10 minutes to read

The number of couples, for various reasons who do not have children, is increasing every year. And I want the house to be filled with children's laughter. The problem of childless marriage can be resolved through the adoption procedure. How to adopt a child from a baby’s house so that he, even if someone else’s is a genetically alien, eventually becomes family and friends, brings the joy of raising his own child into the life of spouses.

Who can become an adoptive parent

The state, in the role of guardianship and guardianship authorities, before handing over the child to new parents, must make sure that the foster family does not consist of people who have been convicted, have lost their father's rights, are disabled, and will be able to provide the child with decent living and education conditions . The legislation of the Russian Federation establishes a list of persons who may act as adoptive parents:

  1. According to the Civil Code, foster parents can be any mentally healthy citizen, provided they are 21 years old. The exception is those who are already related to this child - then the requirements for the age of the adoptive parent can be lowered.
  2. Both a married couple who are officially married and people living together without registration can become mom and dad.
  3. Foster parents must be at least fifteen years older than the child.
  4. If only the husband or wife wants to adopt the child, the other parent must write a written consent, notarized.
  5. Adopting a baby is allowed for a single woman or a single man. In this case, the mother or single father is subsequently assigned this status with the corresponding benefits.

Can a single woman or a man adopt a child

In Russia, the adoption of a child by a single woman or man is not legally prohibited. But in practice, it is much more difficult for a single mother or a single man to become an official parent, even with good work and a cozy home - specialists in guardianship agencies will look more closely at such adoptive parents. The very procedure of entering into parental rights by single people is not fundamentally different from the standard order. Therefore, whether you are married or not, it does not really matter.

For whom it is impossible

Not everyone is allowed to adopt a baby, and the categories of these persons are strictly prescribed by law. If you cannot provide a child, you are not at home, poor health, you are judged, in all these cases the baby will suffer. Under the law, children cannot be adopted:

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

What you need to adopt a child from a baby’s house

If you decide to take the baby up, remember that the adoption procedure is long. After you find the child, you will need to collect a package of all the necessary documents, submit them to the court to decide on adoption. Sometimes you may need the help of a lawyer.

You need to study the Russian laws related to the adoption procedure. A candidate who claims to be an adoptive parent, in addition to his rights and obligations, must study the powers of the guardianship authorities. The adoption rules of the baby, the addresses of orphanages, baby homes or a maternity hospital can be found in the Department for Adoption and Protection of Children's Rights, as well as from representatives of the regional guardianship authorities (ROO). Information about orphans and refuseniks can be found in the same place, at the representatives of ROO.

Some guardianship agencies, charitable institutions may post brief information about children, photos and videos of children on the network. Please note that such organizations can only give you information about children, but they are not entitled to act as intermediaries for their adoption. To avoid additional problems, contact exclusively the public guardianship services. Closely monitor how legitimately the adoption procedure proceeds.

What documents are needed

A special commission appointed by the guardianship authorities should consider your documents and issue their opinion no later than a month later. This conclusion will be needed when applying to the judicial authorities to obtain permission for adoption. In order to obtain the right to adopt a child, it is necessary to submit an application to the district guardianship and trusteeship authorities at the place of registration, to which they apply:

  1. Brief autobiography.
  2. Medical certificate issued at the place of residence. The certificate must confirm that the spouses do not have diseases that are contraindicated for adoption. To do this, you will have to visit the AIDS center, tuberculosis, narcological, oncological, venereal and neuropsychiatric dispensaries. Inquiries must be issued on special forms issued by the guardianship and trusteeship authorities.
  3. A copy of the certificate of registration of your marriage, if any.
  4. A notarized consent that your wife or husband is not against adoption (if only one spouse is going to become an adoptive parent).
  5. Certificate of employment, or a certificate issued in the form of 2-NDFL. From it, ROO will learn about your position and the amount of monthly payments. If the candidates are entrepreneurs, then an income statement must be submitted.
  6. At the place of registration of the candidates, do not forget to take an extract from the personal account or house book. The statement should list people living at this address. If the future parents are homeowners, then present a certificate for the apartment or house.
  7. A certificate taken by the police about the absence of a criminal record.
  8. A positive testimonial issued at the place of work for both spouses.

Payments to Families

Adoption is the preferred form of child placement in the legal aspect today. Unlike children in care, the officially adopted child receives social and legal rights, including the right to inheritance, as well as the native baby. In addition to federal ones, adoptive families are entitled to regional payments and children's benefits, which you need to know about in your city. Foster parents are entitled to the following types of federal payments:

  1. One-time allowance. Paid once upon transfer of the foster baby to parents. The initial indexable benefit amount is 8 thousand rubles.
  2. Maternity allowance (but if at the time of adoption your child was older than three months, then you will not receive the allowance).
  3. A monthly allowance paid based on the average earnings of the adoptive parent over the past 2 years. It is paid until the child reaches one and a half years.
  4. Maternal capital for one parent, in the presence of two or more babies, both native and adopted.
  5. For each child, a payment of 100 thousand rubles is also given in cases:
  6. Disabilities of the adopted child.
  7. If at the time of adoption the child is older than seven years.
  8. When adopting children in blood relationship (who are brothers or sisters).

How to adopt a newborn from the hospital

Taking the baby directly to the hospital can be difficult. Many couples, for many reasons, want newborn babies, in order to take a conscientious objecter, they have to stand in line, for which, in addition to contacting the ROO, an application must be submitted about the desire to adopt an infant.

Best if you start looking for the refusenik yourself. Are the representatives of the local guardianship and trusteeship bodies telling you that there are currently no objectors in the district maternity hospital? You have every right to apply for custody of other areas with an opinion issued to you. And if the search for the crumbs is successful, the hospital will offer you the baby refuser, then the guardianship must give you all the necessary information about the crumbs. Then you go to get acquainted with the child who so needs the house 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, already for making a final decision. As soon as the court gives its permission, you can officially be considered the parents of the baby, and get an official birth certificate and a note in the passport from the registry office.

Please note that taking a child who is only a few days old will not work. The refuseniks are transferred to the children's hospital from the hospital, where they undergo a medical examination. The state is obliged to provide the guardians and adoptive parents with a maximum of information about the baby’s health transmitted to the family - future parents should be notified of the presence of down syndrome or any other serious diseases.

On average, an examination takes one month, and if there are specific candidates for parents, it is a little faster. Please note - a child who was kept in an orphanage is rarely healthy, but this is corrected with proper care and love. It is more difficult to take a child up to a year than an adult. For such kids a line is lined up, but there are always chances.

In solving psychological issues regarding adoption and parenting, the best is a systematic approach. The systemic vector psychology of Yuri Burlan explains that the mental properties of a person are given from birth and are not hereditary. That is, psychologically the child may be completely unlike parents. From this point of view, native parents have no special advantages in relation to adoptive parents, in the sense that the psyche is not inherited.

Part one. How to take a child from an orphanage

Legislatively, the procedure for adopting children in Russia consists of five main steps:

    Come to the territorial Department of guardianship at the place of residence and write a statement.

    Take training at a foster parent school, which is conducted by training centers under guardianship authorities. Compulsory education is free. Here they will tell you many nuances of how to adopt a child from an orphanage.

    Collect the necessary documents. Their set depends on the chosen form of placement of the child in the family. The list will be given to you in the custody department.

    Find your baby.

    Draw a child for yourself.

Teaching at a foster parent school

Adopting children - where to start? With information. The procedure for adopting a child from an orphanage and other information related to how to take a child from an orphanage can be learned at special courses for foster parents.

The benefits of studying at a foster parent's school are hard to overestimate. It does not oblige to anything, at the same time it reveals legal, general psychological, medical and other issues of foster parenting. Students of the school get the opportunity to consider foster parenting from the inside in quite some detail. Understand what criteria and how to choose a child for adoption. Resolve my doubts: what if I take a child to be raised - and I can’t cope?

Education is worthwhile for anyone who at least theoretically thinks about the topic of adopting a child. After training, you will either affirm your desire to take a child, or you will understand that for now you should not do this - and this is good! It is much worse when people understand this, having already taken the child, and return him to the orphanage. A colossal trauma in this case is experienced by everyone - both failed parents and most of all the child. Before the introduction of foster parents' schools, the number of child returns was 50%. Now this figure is much lower. Training will help to understand how firmly and consciously your decision to take a child from an orphanage.

Adopting a child from an orphanage and other forms of family arrangements

The choice of the form of the child’s family structure depends on your desires, abilities and status of the child.

    Adoption of orphans:  the child acquires all the rights of the native child - surname, heredity, etc. Adoption or adoption of a child is possible only if the child is an orphan, that is, has such an official status (when there are no parents or they are deprived of parental rights). Blood relatives after the adoption of a child do not have the right to communicate with him. To take a child from an orphanage on such a basis means to be ready to fully accept him into the family - as a native.

    Guardianship and trusteeship: the guardian becomes the legal representative of the child. He may receive a monthly allowance for the maintenance of the child, which depends on the region and the state of health of the child. In addition to orphans, children whose parents are not deprived of parental rights, but cannot fulfill their parental responsibilities: in cases of serious illness and other reasons, can be taken into custody. The child is placed under guardianship for his maintenance, upbringing and education, protection of his rights and interests. You can find out more about how to become a guardian of a child from an orphanage at the courses of the adoptive parent.

    Custody is established for children under 14 years of age. Guardianship - from 14 to 18 years.

    When registering guardianship, the child retains his surname, name, patronymic, and blood parents are not relieved of the obligation to participate in its maintenance. Guardianship authorities monitor the conditions of detention, upbringing and education of the child.

    Foster family:  in fact, this is a job placement by the “foster parent”. Certain rights and obligations are presented to the foster parents, which are controlled by the guardianship authorities. The child in this case must have the status of an orphan.

    Guest family or mentoring:  the child spends part of his time in the family. For example, a weekend. It is often used as a transitional form when future parents want to get to know the child better. This form helps the child to go beyond the framework created by the educational institution system, to feel how the family lives: to gain housekeeping and communication skills with adults and other children in the family circle. Mentors help children with treatment, provision and choice of clothing, vocational guidance, advise on what to do in certain situations.

    Patronage:  established over children without a specific status or if the status of the child does not allow him to be transferred to custody or adoption. Often used as a transitional form to custody and / or adoption of a child after the child has received the appropriate status. When a child is given for foster care, formally he remains a foster child, but at the same time has the opportunity to be brought up in a family. His new parents are trained by the foster service and supervises the process of the family device, the foster care.

    Family type orphanage:  usually created in the legal form of an educational institution. It differs in that it has more children than in foster families, and the presence of benefits.


Differences in the forms of family structure of children

Adoption of children, guardianship and guardianship, foster family - all these forms of family placement of children put forward certain requirements for foster parents.

Adoption of orphans or a form of a foster family is possible only if the parents of the children are deprived of parental rights. The patronage and guest family allow you to take children with any status.

The foster family and the patronage imply restrictions on the rights of teachers in relation to children. The patronage limits these rights a little more than the foster family, but the contract in the case of foster care is more flexible and caregivers can take on exactly the responsibility for the child that a specific person can bear.

The set of documents also varies. It is most voluminous and complicated in the case of adoption of children in Russia. Most simple - for a guest family.

Choosing the right form of family arrangement is best after studying at a foster parents' school.

Part two. Adoption of children - the psychological side of foster parenting

In solving psychological issues regarding adoption and parenting, the best is a systematic approach. The systemic vector psychology of Yuri Burlan explains that the mental properties of a person are given from birth and are not hereditary. That is, psychologically the child may be completely unlike parents. From this point of view, native parents have no special advantages in relation to adoptive parents, in the sense that the psyche is not inherited. System-vector psychology distinguishes eight vectors of the psyche. In humans, they can be combined in any variation - from one to eight vectors at once. The vectorial set defines the innate desires and properties of the human psyche. That is, certain character properties are given to us from birth.

A systematic approach to foster parenting practice

When you think about the possibility of adopting a child, questions arise that are not related to the legal side of the matter, but which should be clarified no less carefully. Systemic vector psychology allows deal with the most frightening adoption stereotypes:

  1. Bad genes. This stereotype is stronger than it seems. Adults become less tolerant of a child’s behavior when “bad” behavior is explained by heredity. And less willing to establish an emotional connection with the child, because "heredity does not change." There is even such an expression: "I would like to help an orphan, but I'm afraid to let a cuckoo into a house." That is, a lot of adoptive parents fear: what if they take a child to be raised - and he goes to his "bad-luck" blood parents?

    Bad genes are a baseless myth. Many are afraid whether the child will steal, lie. It doesn’t depend on genes. The systemic vector psychology of Yuri Burlan explains that for the child to develop correctly, he must have what he receives from his mother. Often children in an orphanage do not have one. Therefore, their psychological development may stop.

    P.S. How to choose a child for adoption

    When you collect all the necessary documents, the guardianship authority will issue a certificate stating that you can be the adoptive parent. At this point, you will already roughly understand what age, gender, health status of the child you can take into the family. With this certificate you go to any department of custody of Russia. It is possible at once in several. Write a statement. You are shown a databank with profiles of children in this area.

    I do not recommend looking for children through a federal database with free access via the Internet, as its data is not always up-to-date, often the information is outdated. Thus, you choose one or more children whom you want to meet. You get permission to visit a particular child in an orphanage or in a baby’s house and go get acquainted.

    The procedure for adopting a child from an orphanage implies certain rules when meeting each other. You can chat with only one child per visit. You cannot see all the children at once. This is done so that not all children once again experience desperate hope. Because every child in every adult wants to see his dad or mom. If you have chosen someone, you can immediately arrange a child in your family or for a while come to his orphanage to get to know each other better.

       The article is based on the training " Systemic Vector Psychology»
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