The procedure for adopting a child from the hospital and at home. “The adopted child destroyed my whole family”

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:

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.
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).
Full information about the child, his native parents.
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:

Expired.
Foster parents no longer want or can not take care of the child - health problems, material support.
Guardianship authorities reconsidered their decision and refused parental care. This happens if unfavorable living conditions for the child are noticed in the family.
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:

Transfer of a mandatory list of documents to the territorial guardianship authority.
The management staff will check the submitted documents within 3 days, enter the information into the database, and inspect the applicants' living conditions.
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.
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.
In the case of a positive outcome, parents write a statement of their intentions to take the child to the family.
Preparation of an act on the transfer of a child to a new family.
Signing a contract.
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:

Adoptive parents - persons who are ready to help a child an orphan or a child whose parents are deprived of parental rights in education.
When accepting a child into the family, parents should understand that he will keep in touch with his relatives and his last name.
The process of registering a foster family is complicated, but the requirements for parents are more loyal in contrast to the adoption procedure.
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.
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.

How to adopt a child from the hospital? More and more orphaned or abandoned children in our country are finding a new family. Kids are taken under guardianship, in foster families, adopted. The greatest demand, especially among childless families, is enjoyed by babies who have just been born. Parents have been waiting for adoptions of the newborn for years, since the queue is huge and does not fit quickly. But far from everyone knows how to adopt a child from the hospital, what are the requirements for documents and adoptive parents.

How to adopt a child from the hospital

Quite often, unfortunately, in maternity hospitals, young mothers abandon their newborn children. The causes of failures may be different:

early pregnancy, when the parents of a minor mother persuade her to leave the baby in the hospital;
studying at a university when a mother prefers a career to the fate of her baby;
birth trauma or other pathology, as a result of which the child is born sick;
lack of funds or lack of housing;
alcoholism, drug addiction.

It is these children, refuseniks, who are waiting for new parents. But before you become them, you need to get permission from the guardianship authorities for the adoption of a newborn baby from the hospital.

If you are firmly convinced that you need a child from the hospital, whom you will make happy, then look for an organ or department of custody in your city or district.

The statement you write there will be your first real step towards your child. The application will need to indicate your details, as well as describe which child you want to take in your family: age, eye and hair color, etc.

There are requirements for adoptive parents that you must fully comply with:

health. In custody you will receive a form through which you must pass a physical examination. You should not have infectious, oncological diseases, tuberculosis, chronic diseases.
income. The income for each member of your family should be higher than the subsistence level set in your area.
living conditions. You will need to submit documents for the apartment or house where you are going to bring the baby. The guardianship authorities, after you collect all the papers and bring them, will come to you to examine your housing to make sure that the child will live in good conditions.
if the adoption is executed on the wife, then the written consent of the husband is necessary, and vice versa.
you need to get a police certificate that you are not convicted.
training. You need to take courses of future adoptive parents. An exception can be made only for those who have already adopted children and have undergone compulsory training. You will be issued a certificate of completion.

All these documents for adoption will go to the table of the commission, which will decide your fate: whether you are the parents of the adopted baby or not. You will be notified of the refusal within 5 days, but if no news has been received after 5 days, it means that your documents have been approved by the commission, and after 2 weeks you will be invited for permission.

And only after receiving the conclusion of the commission about your suitability to be adoptive parents, you will stand in line for your baby. This is one of the minuses of adopting babies. There are no queues for children after a year.

The procedure for adopting a child from the hospital

To begin with, it is practically impossible to get a child directly from the hospital. For several days he is in the hospital, then he is transferred to a children's hospital. There he is carefully examined, and he spends some time in the department. Then he is transferred to the baby's house. At this time, the mother who refused the baby could still change her mind and pick up the child, even if they began to draw up documents for adoption on him. And this is the second minus. In practice, this happens, albeit rarely.

And the third: it takes time to prepare documents for adoption by the court, then you need to wait for the court to sit, and wait 10 days before the decision comes into force. Adoption in our country is carried out only by court order, and nothing else. Therefore, adoption from the hospital is, rather, a myth. You can get your baby when he is already 2-3 months old. Although everything happens in life.

But back to the stages of adoption. Your turn, in the end, came up, you again (!) Collected all the documents, again received permission from the guardianship authorities and met your future son or daughter, did you like the child, and then what?

Take care of the baby’s health examination. Look at his medical record. Do all possible tests, ultrasound, and more with your child. You must do this for free. The child may have diseases that have not yet made themselves felt, but the results of the examination will show them. And if you do not want to connect your life with a sick child, or you do not have the means to treat him, then it is better to refuse immediately. Your permission will be valid for 3 months, during this time you can find a healthy baby. If everything suits you, inform the guardianship authorities about your choice and go with them to file documents with the court.

This time, the application that you write should contain a request for adoption and the baby's data that you want to assign to him. You can:

give him your last name and patronymic;
change the name;
change date and place of birth.

The latter is more important if you mimicked a pregnancy in order to keep the adoption secret (Art. 139 of the Family Code). The date can be changed to three months in both directions, and this is permitted during adoption.

To preserve secrecy, the court is held closed, there are, in addition to adoptive parents, guardianship authorities and a prosecutor.

After the court establishes the adoption, you will receive an extract (after 10 days), and with it and your passports go to the registry office, where they will give you the birth certificate of your child.

With the help of the guardianship authorities, you can arrange for the child and mother to be discharged from the hospital on the appointed day, to film all this in a video for the story and go home to educate your baby.

About how to adopt a child from a maternity hospital, a baby’s home or an orphanage, requirements for adoptive parents can be found in the Family Code of the Russian Federation, Articles 122-144.

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:

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.
Both a married couple who are officially married and people living together without registration can become mom and dad.
Foster parents must be at least fifteen years older than the child.
If only the husband or wife wants to adopt the child, the other parent must write a written consent, notarized.
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:

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

Brief autobiography.
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.
A copy of the certificate of registration of your marriage, if any.
A notarized consent that your wife or husband is not against adoption (if only one spouse is going to become an adoptive parent).
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.
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.
A certificate taken by the police about the absence of a criminal record.
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:

One-time allowance. Paid once upon transfer of the foster baby to parents. The initial indexable benefit amount is 8 thousand rubles.
Maternity allowance (but if at the time of adoption your child was older than three months, then you will not receive the allowance).
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.
Maternal capital for one parent, in the presence of two or more babies, both native and adopted.
For each child, a payment of 100 thousand rubles is also given in cases:
Disabilities of the adopted child.
If at the time of adoption the child is older than seven years.
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.

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, custody, 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 parents and 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 application 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.

7th step is the 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 does not take into account that we are all busy people, that we have to take time off from work each time, since classes are 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 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.