Take custody of a child from an orphanage. How to take custody of a child

Adopting a child means doing a lot of work not only on yourself, but also going through a number of procedures established by law. However, future parents will not be stopped by difficulties along the way. They are ready to give a real family to themselves and their children.

Terms

Children end up in government institutions for various reasons because their parents are absent. Basically it is abandonment of a child, deprivation parental rights or death of adults. For these reasons, children need care even more.

There are three ways to acquire parental rights:

adoption;
guardianship of a dependent;
guardianship.

These concepts differ from each other. To begin with, future parents practice registering guardianship, since the process is less labor-intensive and does not require certain standards for the citizen’s income and the availability of their own housing. The responsibility of guardians is the same as that of adoptive parents, but the restrictions apply to legal regulations.

Conditions for registering guardianship of a minor child:

if there are biological parents who are not deprived of authority, the official guardian does not have the right to prevent meetings and family reunification;
the data on the birth certificate cannot be changed, as well as the last name, first name, and patronymic of the dependent;
guardianship is established until the age of 14;
Guardianship is provided for only one person.

Guardianship involves the upbringing and maintenance of adult children or those who have not reached the age of majority. Citizens who chose the teenager can accept responsibility.

The rest of those wishing to do so need to go through a training school for future parents, which is provided by government agencies, and also have their own housing and opportunities for the full development of the baby. Under atWith fostering or adopting a child from orphanage it is meant to become an official parent who raises, supports and fulfills his responsibilities to the fullest. This is a huge responsibility for life.

Future parents need to understand that not every baby from an orphanage can be taken into care. Some children are in a boarding school on a temporary basis, for example, whose parents are applying for the restoration of their rights. You can adopt children whose parents:

died;
abandoned the baby;
declared incompetent by the court;
deprived of rights and the statute of limitations of half a year has expired;
do not fulfill the responsibilities of maintaining and raising a dependent.

The state provides various benefits to adoptive parents, such as maternity capital, a one-time payment for a baby, maintenance for up to 3 years and subsequent benefits for education, maintenance and assistance in the development of the baby. Medical examination of children who have lost their biological parents is carried out free of charge, and subsequently, support is provided to young people in finding employment, creating a personal business and obtaining a mortgage.

Requirements for guardians

Guardianship implies voluntary consent to represent the interests of the child. Obligations are carried out free of charge. There are no benefits or payments from the state for guardianship of a dependent, since these rights rest with the biological parents.

Voluntary guardianship of children is established under the following conditions:

parents are temporarily absent from the city or country due to job search, long business trip or citizenship settlement;
the minor studies or lives in another state;
outpatient hospital treatment for parents;
suspension of parental rights for 6 months.

Guardianship is established over a minor dependent. If a citizen is married, the consent of the spouse is required to formalize rights.

The state puts forward the following requirements for guardians:

lack of criminal record for particularly serious crimes, violence and threats to health;
certificate from a medical institution confirming legal capacity;
age over 18 years.

There are also restrictions.

A citizen who:

was deprived of parental rights, guardianship or trusteeship;
suffers from alcohol or drug addiction;
mentally unstable;
over 60 years old;
is sick with a contagious infectious disease;
disabled group 1 and 2.

Guardianship is based on the voluntary consent of the person. The procedure for transferring rights involves passing a special commission of members of the Guardianship and Trusteeship body. The candidate’s ability to perform the role of a teacher is taken into account, as well as the character, relationship with the dependent, the opinion of relatives and the desire of the child himself.

The duties of a guardian are regulated by the law of the Russian Federation, which implies:

upbringing;
maintaining physical and spiritual health;
providing conditions for development;
protection of the rights and interests of the child;
education;
material content;
meeting the child’s needs in accordance with age.

A citizen acting as a parent does not have the right to carry out any legal procedures with the participation of a child that are contrary to the interests of the parties. An exception is the representation of a minor when transferring property into the ownership of a child.

Procedure

For a citizen who wants to become a guardian of a child, the first step is to contact the Guardianship and Trusteeship authorities at the place of residence. Submit a written request and list necessary documents. The procedure itself takes about 1 - 3 months, depending on the readiness of the conditions for living and raising the child. The commission makes a decision and the long-awaited children find their own roof over their heads.

State authorized bodies regularly monitor mental and physical health, and also have the right to visit the house at any time to check conditions. In case of discrepancy, a violation report is drawn up, which leads to denial or deprivation of custody rights.

To verify the authenticity of documents and carry out the procedure registration of guardianship for a child from an orphanage The following deadlines are given:

confirmation of certificates and consideration of the application - 3-7 days;
checking conditions for detention - 1 day;
registration of a guardianship order - 5-7 days.

The time for issuing documents should not exceed 15 days by law.

Based on the certificate of taking a child into custody It is possible to travel abroad, enroll in school and register with a medical organization.

Is it possible to obtain guardianship for a single woman?

The legislation of the Russian Federation does not prohibit a single woman from taking custody of a child from an orphanage. The only condition is to fulfill obligations in accordance with the needs of the baby. If living conditions allow, the woman’s application for guardianship is approved and within two years it is possible to choose a child under her care and take her home.

The validity of the guardianship certificate is 2 years. Subsequent extension is possible until the child turns 14 years old. From the age of 15, guardianship or adoption is formalized.

If you don't have your own home

The legislation does not prohibit a citizen who does not have his own home from obtaining custody of a child. However, a rented apartment must comply with the square meters per person. There should be a sleeping area, rest and entertainment, as well as a desk for doing homework or reading books. This means an apartment with two rooms. It is necessary to provide the PLO with a rental agreement and a certificate of the candidate’s salary. When considering guardianship, additional information may be required, such as recommendations from the workplace, a bank statement indicating the availability of funds in the guardian's account, and more.

For adoptive parents, having their own home is mandatory.

Documents

In order to obtain guardianship, you will need to collect a package of documents, which includes:

written application;
a completed application form with personal information about the candidate;
a certificate from the work organization about income and position;
certificate of registration of ownership or rental agreement for residential premises;
certificate of no criminal record;
medical certificate of positive health status;
certificate from a narcologist;
document confirming consultation with a psychologist;
marriage certificate;
written consent of the spouse.

When registering guardianship, additional certificates may be required, depending on the specific case. Relatives go through the procedure faster. If the child is over 10 years old, his opinion and existing relationship with the guardian are taken into account.

Citizens are held criminally liable for child abuse.

Statement

An application for a citizen of the Russian Federation who has indicated a desire to be responsible for a child must be completed in writing. The local guardianship and trusteeship authority specifies a specific execution period (no more than 2 years). Information about the identity of the guardian must comply with the norms of legal acts. Information is provided to assess the ability to perform assigned duties. The application must indicate that the guardian agrees to have the apartment inspected.

The baby's adoptive parents are required to attend a specialized school for future parents, which lasts from 1 to 3 months. You must provide the following information:

about the health of family members;
condition of the living space (conclusion of the Housing Office);
no criminal record;
characteristics or recommendations of candidates from the employer.

Download a sample application for registration of guardianship for a child from an orphanage Bylink.

Payments and benefits for guardians

Official guardians are not provided with benefits for the maintenance of a dependent, since this responsibility rests with the parents until they reach the age of 18. However, the state provides the following benefits:

free shelf food for infants;
medications that are provided at a discount until the child is 3 years old;
free travel on public transport;
provision of textbooks and school uniforms from the state;
free visits to children's camps and health resorts upon special request;

Guardians have the right of priority in processing the further adoption of a child. Benefits are not provided to trustees, provided they are paid decent wages.

Adoption is the most preferred form of child placement, therefore citizens have all the benefits of official parents:

a one-time benefit is transferred to the card immediately after the baby is transferred to the family (the amount is fixed by the state, the amount is 8 thousand rubles);
monthly payments in the amount of 100 percent of the parent’s salary (until the infant reaches one and a half years of age);
paid maternity leave according to BiR (payment coefficient is calculated as the average monthly salary for 2 years of work);
maternity capital for two or more children in a family (regardless if adopted);
disability benefit if the child’s group is assigned.

In addition, parents are provided with a payment of 100 rubles monthly when adopting children who are blood relatives, as well as those over 7 years old.

An adopted child has the full benefits of a family member. Inheritance and maintenance up to 18 years of age are legally formalized, even if the parents are deprived of their rights.

An adopted child in Russian Federation The state gives you an apartment when you reach adulthood.

When can they refuse?

Guardianship may be denied due to the lack of necessary documents or the candidate’s failure to meet the appropriate requirements. The decision can be challenged in the judicial chamber, but if significant violations are revealed, the guardian is forever deprived of the right of guardianship.

The following may be grounds for refusal to obtain guardianship:

the presence of a serious illness in the stage of decompensation or temporary remission (tuberculosis, cancer, damage to internal organs, mental disorders, as well as HIV, AIDS and patients with hepatitis forms - A, B, C, D.);
non-compliance of living space with the norm of 12 square meters for 1 person;
the apartment is in disrepair or does not meet sanitary standards;
living in the same room with a dependent whose gender is opposite to the guardian (after the child turns 9 years old);
lack of utilities (water, electricity, gas, etc.).

In order to take a child from an orphanage, a citizen who is temporarily acting as a parent must meet the requirements.

According to Russian legislation, if several couples apply to adopt the same child, then blood relatives or guardians have priority rights, as well as:

families in which a child is already being raised;
adoption of a child by a husband;
dependents are two or more children of the same sex or blood.

Arranging for guardianship of a minor child is a responsible and difficult process. Not every Russian citizen will be able to undertake obligations to raise and support an adopted child, but according to Russian legislation, a guardian must meet certain requirements, since the desire to become a parent is not enough.

Terms

Guardianship can be granted to children who do not have caring parents. For example, they died or they were deprived of parental rights, refused responsibility for raising their child, or were declared incompetent by a court decision.

It is possible to take custody of a child from an orphanage if the citizen meets certain criteria. The following have the right to obtain guardianship:

citizens of the Russian Federation;
persons who have reached the age of majority;
fully capable persons;
citizens who are more than 16 years older than the intended ward.

Russian legislation provides a list of persons who do not have the right to become guardians of minors. These include:

convicted people who have committed crimes against the population and are therefore subject to criminal liability;
people deprived of parental rights by a court;
persons who have committed serious crimes;
citizens who were unable to undergo training for future guardians;
same-sex married couples who entered into official marriage in a foreign country;
people who use illegal substances (drugs, toxic drugs);
those suffering from alcohol addiction;
former guardians deprived of their guardianship duties;
people with group 1 disabilities;
citizens with serious chronic health problems (tuberculosis, mental disorders, infectious diseases, etc.).

Conditions for registration of guardianship over a minor ward:

the moral qualities of the potential guardian must be approved by the authorized bodies;
the property must have housing that meets all living conditions for the child;
official income must be high, capable of providing for the maintenance of a child and one’s own needs;
there must be no criminal record;
the opinion of the person under guardianship is taken into account if he is able to express it due to his age;
There must be friendly relations between the future guardian and the ward child.

Procedure

In most cases, guardianship of a minor child is formalized for the purpose of further adoption of the child.

Procedure forissuedENIAcustody of a child from an infant home:

collection of mandatory documentation, the list of which is established at the legislative level;
An application is submitted to a specialized institution for the status of guardian of a minor child. The petition must indicate the expected period for obtaining such status;
authorized persons assess the applicant’s living conditions;
a decision is issued to satisfy the request or to refuse it.

In cases where the applicant receives a positive response about guardianship, a special act is drawn up. From the moment of signing this document, the citizen is considered to have assumed the status of guardian.

To take custody of a minor child, before starting the registration procedure, you must choose the child you like.

Is it possible for a single woman to take guardianship?

Many Russian women, due to some life circumstances, cannot have their own children, so they want to become guardians of other people's children. Or they have the opportunity and desire to provide best conditions life for the baby, that’s why they want to formalize guardianship or trusteeship. In such situations, the question arises whether a woman can take custody of the baby if she is not married. Based on the provisions of Article 146 of the Family Code, this is possible.

The main condition is to own a home and have an official income that will allow you to support yourself and your child. The registration procedure for a single woman will not differ from the procedure for married couples wishing to obtain guardianship.

Is it possible for pensioners to take custody of a child?

In accordance with Article 146 family code, the guardian has the right to be an adult capable person. Therefore, capable pensioners have the right to take custody of children.

To become a child's guardian, additional requirements are imposed on the category of people of retirement age:

the financial security of a pensioner must correspond to the level established by specialized institutions. When calculating the level of a pensioner’s financial condition, all available income is taken into account - pensions, salaries etc.;
a pensioner must be in stable and good health. Excellent health must be documented.

In addition to the above criteria, a pensioner who wants to take custody of a child must meet the general conditions imposed at the legislative level.

List of required documents

To obtain guardianship for a child from an orphanage or an orphanage, it is necessary to collect a list of documents specified by law. When preparing a package of papers, certain deadlines must be observed, since the validity of such documentation is 1 year, and the medical report is valid for three months.

Required documents for registration of guardianship:

application of a special form;
certificate from the workplace. Its content must include: income level and position;
paper indicating ownership of residential property;
copy of personal account. Upon presentation of this document there should be no arrears in payment of utility services;
a certificate from the internal affairs authorities indicating that the potential guardian has no criminal record;
certificate from medical center, indicating good condition health;
marriage or divorce document (if any);
written decision - consent of family members to obtain guardianship of the child. Children over 10 years of age must also give their consent;
a document proving successful completion of courses for future guardians;
autobiography;
documents evidencing additional income. For example, a pension certificate.

When submitting a package of documents, it is important to correctly complete the application for child custody. Its content reflects:

name of the organization to which it is submitted;
information about the applicant - full name and passport details;
the essence of the statement;
description of living conditions for the future supervised child;
consent of the second spouse to take custody of the child;
list of attached documents;
date of compilation;
signature of the potential guardian.

You can correctly format your application using the example provided. You can download a sample application at link.

Where to contact?

An application and mandatory documents for guardianship of a specific child must be submitted to the state guardianship authority located at the child’s place of residence.

All submitted papers are checked by employees government agency within 7 days. During this period of time, they have the right to visit the potential guardian's home to ensure that it is suitable for the child to live in. During a two-week period, employees of the guardianship institution make a decision on whether to grant guardianship status or to refuse.

What payments are required when obtaining custody of a child?

To receive benefits, the guardian needs to contact the social government agency for the protection of the population. Guardians have the right to calculate benefits for a child taken under guardianship.

The guardian is entitled to payment of benefits:

in the form of a benefit for a minor child (maximum age 12 years) - 15,000 rubles. If the child is over 12 years old - 20,000 rubles;
in the form of a one-time payment in connection with the assumption of guardianship responsibilities. The amount of payments is 14,497 rubles;
other payments specific to a specific Russian region.

A child for whom guardianship has been issued is entitled to payments if:

his parents are alive, then they are obliged to pay child support;
if the child has a disability, he will receive a special allowance.

Remember - taking a child from an orphanage is not particularly difficult, but are you ready for this? Family is, of course, the most important part of any person’s life. And sooner or later it comes to continuing the family line. However, there are reasons why people cannot have a child. Then they resort to adoption or guardianship. One of the options for solving this issue is to place a child from an orphanage in a family.. Yes, it's not small child from the maternity hospital or from the baby's home. But there is such an option and it is worth discussing, since not all potential guardians understand what is behind this decision.

Guardianship is the process of placing a child left without parental care into a family for further residence as a family member. Guardianship is a temporary phenomenon, in contrast to adoption, which ensures the permanent residence of the child in the adoptive family. The child under guardianship retains his personal data (last name, first name, etc.), the guardian does not become the actual parent of the child and, in the case of paid guardianship, receives a monetary benefit from the state, which must be spent only on the child and improving his quality of life.

Guardianship is also distinguished from adoption by a somewhat simplified registration process.. In this case, the child is placed in a family, becoming its full member, in turn, the guardian is responsible for the upbringing, maintenance and fulfillment of duties prescribed by law (for example, assistance in obtaining an education for the child).

Important
The guardian, even if the child is taken in by a family, will be only one person. He can be either a distant relative of the child or any citizen of the Russian Federation who wants to take custody of the child.

However, Guardianship of a child lasts until the age of 14, after which the child can remain under guardianship former guardian, or he may be adopted by another family.

Is it possible to take a child from an orphanage?

If we consider taking a child into a family under the guardianship option, then it is logical to focus on the option of having a child from an orphanage, since guardianship presupposes a meaningful relationship with a future family member. However, Statistics show that children over 7 years of age are most often placed under guardianship by relatives.. And children from an orphanage at the same age end up with guardian families much less often.

According to 2008 data, children over 7 years of age were mostly (73.6%) taken into the care of relatives. Why are we talking about this? Because children in orphanages have specific characteristics imposed on them by their very stay in such an institution. It is impossible to talk about the unacceptability of taking a child from an orphanage. Firstly, there are orphanages in which the staff themselves are no worse than a family, in which the children are quite comfortable. And secondly, there are children “with a core” who are simply unlucky in life. Yes, it is quite possible to find a candidate for adoption in an orphanage, but you must understand the possible difficulties.

One of these difficulties is the precursor to getting into orphanage life experience teenager.

After all, people end up in an orphanage for a reason. There is no need to create the illusion of coincidences. It is for these reasons that there are statistics on the return of children back to orphanages. This is not to say that this is a system, but this possibility should not be discounted. This option especially concerns unprepared adoptive parents who “did not expect and did not cope,” as they write. They seem to be adults.

We should also not forget about the possible refusal of the child himself to the prospects of adapting to new living conditions in an unknown foreign family. This is especially true for children from low-income families who were forced into an orphanage, but did not lose contact with their parents, moving to another quality - a child from an orphanage for the weekend.

By the way, there is such an option for those who want to become foster parents. At the stage of mutual adaptation, take the child only on weekends.

In connection with the return of children to orphanages, the problem of secondary orphanhood has arisen. And this only makes the life of an orphan child worse. To solve this problem, it was decided to organize courses that future guardians and adoptive parents are now required to attend. True, this obligation does not apply to the orphan’s close relatives.

And one more thing. Potential foster parents you need to understand that it will be financially cheaper for the state if a child from an orphanage ends up in a family, and morally better, since family education is still better than public education. That is, no one will create obstacles in vain. But there is no need to wait for connivance. This means that it is possible to take a child from an orphanage, but you need to prepare for this important step.

How to obtain guardianship

The placement of a child in a family takes place in several stages.. Initially, to be able to obtain custody of a child, the guardian must meet all the requirements: be an adult, financially secure with a constant sufficient income, and have his own home. square. People with serious illnesses, people who have previously been deprived of parental rights, who are under investigation or who have a criminal record are not allowed to receive guardianship.

The latest changes in the ban on guardianship affected citizens living in a same-sex marriage, or who are not members of such a family, but living in a country where same-sex marriage is allowed. It must be remembered that guardianship is possible over children who have not reached the age of 14 years.

Reminder
Guardianship can only be voluntary and is carried out with the consent of both parties. Registration of guardianship begins with an application for guardianship, which is reviewed by the guardianship authorities for a month, and if the received application is approved, the process starts.

An autobiographical essay that includes important moments from life that make it clear what kind of person the candidate for guardianship is.
Identification documents (in addition to the passport, they usually require - if available - a marriage and/or divorce certificate)
Extract from the house register, a document confirming the right to own living space
Account statement and certificate of employment
Necessary certificates confirming physical and mental health, absence of alcohol or drug addiction, serious illnesses, etc.
If there is a relationship with the ward, documents confirming this are required
Paper agreement of all family members to obtain guardianship

The above set of documents is considered from 7 to 10 days, during this time the guardianship authorities check the living conditions of the guardian, talk with him, after which a verdict is issued over another 14 days. Unlike adoption, the guardianship process does not require a court hearing. After all the checks required by law, the State, represented by the guardianship authorities, continues to control the guardian and the child after approval.

The guardian provides all the necessary reporting, including documentation of all actions taken in relation to the child, attached receipts with funds spent on the child, or the purchases themselves. This is necessary to monitor whether the guardian is abusing funds allocated by the state and to be aware of the child’s life. In turn, well-written reporting increases the level of trust in the guardian.

Guardianship. Advantages and disadvantages

In any business you can find both positive and negative. Particularly important

treat with patience the shortcomings in such a sensitive matter as taking a child into the family.

Among the advantages can be noted:

Comparative speed of making decisions regarding custody. It is accepted by local guardianship authorities without court intervention (as could be the case with adoption), which helps to quickly reunite the child with his new family.
Less demanding list for the guardian. This means that even the average family can provide happy childhood and family comfort for the child.
When a child reaches adulthood, he receives an apartment from the state, if at that moment he is no longer the owner of the property.
A benefit that is paid every month. The guardian, in addition to his own, will always have the means to provide the child with all the proper living conditions.

But you can’t do without disadvantages:

Transparency of all actions between the guardianship authorities and the guardian at an older age for the child may create some alienation from the family.
The process of changing a child’s personal data – last name, first name – becomes extremely difficult. It is impossible to change the date of birth even if there are compelling reasons.
Cases of intervention by guardianship authorities cannot be ruled out, especially when a person appears who wants to adopt a child. However, the guardian will not be able to interfere with the adoption process if it is approved by the court.
There may be communication with the child's biological parents that may negatively affect the child and his relationship with his caregiver.

Anyway, The guardianship process is a serious step for both the future guardian and the child. For the second, guardianship can be a happy ticket to life, because it is extremely important that children grow up in a full-fledged family, where they will be surrounded by love and care. The guardianship process also makes it possible for the child to reunite with his relatives and provides an opportunity to avoid the orphanage.