Adoption: a way to the child of
To adoption of the child parents come in the different ways. Someone never thought of it earlier, but incidentally met orphan or the photo of the kid - the refusenik on the website suddenly forces to fight stronger heart of future parent - and here it already collects documents for adoption. Someone (after unsuccessful attempts to bring own children or even without these attempts) purposefully goes on houses of the baby searching of “the“ kid...
to Make the decision on adoption of the child, certainly, not easy. This material - for those who already dealt with the motives, was approved in thought to become the adoptive parent and only considers the question “where to address what to begin with?“
Operations procedure. Step № 1 - the educational program
First where you need to go after you dealt with the expectations and motivations, is agencies of guardianship at the place of residence. There, taking into account specifically your situation, will in detail explain whether there can be you an adoptive father, the trustee or the trustee. If you already “looked after“ to yourself the kid, - do not hurry to come with him into close contact before visit guardianship: can happen that owing to any circumstances you cannot become an adoptive father. Your hopes, and, above all - the kid will be deceived.
Going to guardianship, it is useful to be prepared for conversation in advance! So, what options of acceptance of the child in a family exist?
What is it?
Acceptance in the child`s family as blood. The child becomes a relative - the daughter / son with all that it implies from here the rights and duties. Adoption is a priority form of the device. For parents it is the highest degree of responsibility for destiny of the child and his full development. Payments at adoption are put same, as at the birth of the blood child.
of the Right of the parties
As the full-fledged family member, the child acquires all rights of succession, including, on an exit from minor age. Parents have an opportunity to appropriate to the child the surname, to change a name, a middle name and, in certain cases, date of birth (but no more than for three months).
to Issue adoption most longer - the state belongs is very exacting to adoptive parents, imposing the most strict requirements to candidates for adoptive parents, their financial position, earnings, housing in comparison with other forms of the device. Adoption is approved by civil court. At the same time the state does not give any help after adoption, except for providing postnatal holiday and payments in connection with the child`s birth in case the baby to
Adoption allows the child to feel like the full-fledged family member!
Adoption can be issued both on one person, and on spouses. At the same time, if spouses consist in a civil marriage, then the civil spouse (a) of the adoptive father do not acquire any rights and duties in relation to the child. In Russia the secret of adoption is provided and in case of need it is possible to hide from people around that the child was adopted.
Guardianship and guardianship
What is it?
Acceptance in children`s home as vospituyemy for its contents, education and education, and also for protection of its rights and interests. Guardianship is established over the children who did not reach 14 years, and guardianship over children from 14 to 18 years. Often guardianship is used as an intermediate form to adoption as guardianship is made out quicker, than adoption since is not required carrying out court. On keeping of the children who are under guardianship or guardianship the monthly allowance on food, acquisition of clothes, footwear, etc.is paid to
of the Right of the partiesby
the Child keeps the surname, a name and a middle name; change of a surname to the child is complicated, change of date of birth is impossible. Blood parents are not exempted from obligations for participation in keeping of the child. The trustee on an equal basis with parents has practically all rights of the parent in questions of education, training, keeping of the child, and responsibility for the child. And agencies of guardianship render assistance to the trustee in the organization of the training, rest and treatment sponsored. The child in a family of the trustee (trustee) has the status of vospituyemy, appearance of the applicant for adoption of the child (extremely exceptional case) is not excluded. The fact of transfer of the child under guardianship is not obligatory secret and contacts with blood relatives of the child are possible.
Unlike adoption, to the candidate for trustees less strict requirements regarding the income, living conditions, are not required the certificate of lack of a criminal record. Only one person can be appointed the trustee. On keeping of the child by the state it is monthly paid. Agencies of guardianship regularly control conditions of keeping, education and education of the child. After execution sponsored 18 years to it the housing is allocated if the child has it no housing assigned to it.
Note: in the word “guardianship“ - an accent on a letter “E“. There is no letter “Yo“ in this word!
the Foster home
What is it?
the Form of education of child(children) in a family (at home) at the adoptive parent - the tutor. Such family replaces stay of the child in orphanage or a shelter with house education and is created on the basis of the contract between the adoptive parent (parents) and agencies of guardianship. Usually transfer children who cannot be transferred to adoption or guardianship, for example for education in one family
of the Right of the parties
In relation to the child adoptive parents are to it trustees, for the “job on guardianship“ of the child they get appointed the state, to the adoptive parent the seniority is set off. The state deducts monthly payment on keeping of the child, provides privileges on transport service, housing, renders assistance in the organization of the training, rest and treatment sponsored. Target funds for repair, acquisition of furniture are paid, other privileges according to the regional legislation are provided. After execution to it the housing is allocated to the adopted child of 18 years if it does not have it. The adoptive parent - the tutor is obliged to report constantly to agencies of guardianship for an expenditure of the funds allocated for the child. > it is possible to p to transfer
of Feature to
to seven children who do not have the status under adoption, children of the condemned parents withdrawn from large families or children and, otherwise, doomed to live in orphanage. Requirements to candidates - same, as at guardianship. However it is more difficult to issue this type of the relations since the contract on transfer of the child for education (the contract on rendering paid services) is required. Also difficulties at registration of the child living in other area or the city are possible since payments to a foster home are conducted from the local budget. Contacts of the child with blood relatives are not obligatory, but are possible.
What is it?
the Form of education of child(children) in professionally replacing family on the terms of the tripartite contract between body of guardianship and guardianship, establishment for children - orphans and the foster tutor. Under patronage children who temporarily need the replacing family are given or it is necessary to create special conditions of support and escort of the child in a family. A main objective of this form of the device - socialization of the child, receiving by it necessary experience of life in a family, replacement of its stay in a shelter. Patronage is often used as a transitional form to guardianship and/or adoption, after obtaining the corresponding status by the child. The term of the room of the child under patronage can be a miscellaneous, and depends on a situation.
of the Right of the parties
Responsibility of a razdelyon between the foster tutor, establishment (shelter), parents of the child and territorial authorities of guardianship. The parties in the contract representing the state will organize training, rest and treatment of patronized, give help in education, in the solution of complex problems. Target funds for repair, acquisition of furniture, etc. are paid. On keeping of the child means are regularly paid, privileges on transport service, housing are provided. After execution of 18 years the housing is allocated to patronized if it does not have that. The salary is paid the foster tutor and the seniority is set off.
Patronage gives to
of Feature the chance to place in a family of the foster tutor of the child who temporarily needs the replacing family or it has no status allowing to transfer it under continuous guardianship or to adoption and, otherwise, doomed to get to a shelter. At registration of patronage less strict requirements are imposed to candidates, than at adoption, but more rigid, than at guardianship. The foster parent is obliged to work with the child according to the plans established by establishment on patronage, it has to provide the report on an expenditure of funds for keeping of the child. The child can be withdrawn from the tutor`s family at any time according to the decision of the parties of the contract. Contacts with parents and relatives of the child are, as a rule, obligatory and their regulations are defined as agreed by the parties. This form of acceptance of the child in a family is not widespread in Sverdlovsk region.
Going to guardianship... do not wait for
that you will be accepted with open arms - first more than cool reception can expect you. The matter is that in guardianship people quite often handle mental problems or the unfair citizens trying to solve the housing or other material problems by means of adoption. For this reason the specialist of Department of protection of the rights of children (this modern name of agencies of guardianship) has to stand guard always. Besides, besides work with adoptive parents, the mass of other duties is assigned to it and very often it just has time and patience. If you take with yourself at least the passport, the marriage certficate and the copy of financially personal account, then thereby you will already show gravity of your intentions and considerably facilitate a way to mutual understanding.
Some experts draw gloomy pictures of health and mental capacities of children - orphans, describe the mass of the arising difficulties, checking, thus, your determination and readiness. Besides, do not forget that the inspector too the person and at the time of your visit can be in low spirits or it is very busy, to hurry, say, in court. Behave naturally, according to the conviction, kindly and quietly, but it is persistent.to you only conversation with the expert is necessary to
At the first visit. Its task to listen to you, to find out motive of adoption, to understand, how fully you realize responsibility of such step whether there correspond your living, family and material conditions to requirements of the legislation. Besides, it has to explain your future rights and duties in relation to the adopted child, points of order, to answer your questions and to issue the list of documents which need to be collected.
Operations procedure: step № 2 - collecting documents
So, you decided on the motives, met the representative of guardianship and found out what form of acceptance of the child in a family is available in your concrete case. We start collecting documents.
the List of documents which the potential parent has to collect:
needs to be noted at once, these are documents which only adoptive parents and adoptive parents have to collect. Difference only that the foster home does not require the certificate of existence of a criminal record. In practice for establishment of guardianship demand the same documents.
So! Citizens of the Russian Federation, persons interested to adopt the child, to take under guardianship or in a foster home, submit to body of guardianship and guardianship in the place of the residence the statement with a request to draw the conclusion about an opportunity to be adoptive parents (trustees, adoptive parents) with the appendix of the following documents:
- short autobiography;
- the reference with the indication of a position and salary or the copy of the declaration on the income;
- the document confirming existence of housing;
- the certificate of law-enforcement bodies of lack of a criminal record for a deliberate crime against life or health of citizens;
- medical certificate state or municipal lechebno - preventive establishment about a state of health of the person wishing to adopt the child, issued in the order established by the Ministry of Health and Social Development of the Russian Federation;
- the copy of the marriage certficate (if are married).
the Documents listed in subparagraphs 2 - 4 presents of point, are valid within a year from the date of their delivery, and medical certificate about a state of health - within 3 months.
the Person requesting adoption (guardianship, a foster home), has to show the passport.
I most important! All references (whether about lack of a criminal record, medical) have to be issued free of charge! If “the aunty in a window“ for some reason demanded from you money, perhaps, she just is not aware for what these references are necessary to you. Let it know that you know the rights.
So, collecting documents behind, now it is necessary to prepare for patient expectation. To you representatives of bodies of a social security for inspection of living conditions will soon come to the house.after that the body of guardianship and guardianship prepares for
the conclusion about an opportunity to be adoptive parents (the trustee, adoptive parents) which is the basis for registration as candidates for adoptive parents (the basis for selection of the child for the purpose of his transfer under guardianship, in a foster home). This conclusion has to be prepared within 15 working days (for adoptive parents) or within 20 calendar days (for adoptive parents) from the date of filing of application. The conclusion is valid within one year.the body of guardianship and guardianship returns to
in case of the negative conclusion and refusal in registration as candidates for adoptive parents all documents and explains an order of the appeal of the decision.When documents will be ready
, you receive the treasured document - officially the conclusion about an opportunity to be an adoptive father. This paper will allow you to appear with a clear conscience before children, it will be a guarantee that you are a potential parent, but not the any passer-by, the comer on a visit and brought to orphans gifts and false hopes.
Operations procedure: step № 3 - search of the child
Possessing the official status of the adoptive father, you can start search of the child. With it you have to be helped by agencies of guardianship. And this stage, most often, the most long - it is necessary to go and meet different children much. However, procedure duration in many respects depends on that how strict requirements you impose to the choice of the child. If in the place of residence of the adoptive father there are no child care facilities or it was not succeeded to pick up the child, then the appeal to any other body of guardianship or to the regional operator of a databank about children without parental support, any subject of the Russian Federation, in a federal databank, in the Ministry of Education of the Russian Federation is quite possible.
Candidates for adoptive parents (trustees, adoptive parents) have the right:
- to obtain detailed information on the child and data on presence of relatives at it (at selection of the child (children) the administration of child care facilities is obliged to acquaint persons (person), persons interested to take child(children) on education, with a personal record of the child and medical certificate about a state of his health);
- to address to medical institution for carrying out independent medical examination of the adopted child with participation of the representative of institution in which there is a child.
- to get acquainted with the child and to come into contact with it;
- to study documents of the child; to confirm to
- in writing the fact of acquaintance with medical certificate about a state of health of the child.
Anyway, but one paper that you can be an adoptive father, insufficiently, to receive, at last, the child. After the child is chosen, you are expected still by check of determination in the form of legal proceedings.
Operations procedure: step № 4 - legal proceedings
However, at once we will note - the petition is submitted only in case the child is adopted. If the form in the form of guardianship and guardianship or a foster home is chosen, then it is not necessary to appeal to court, in it many also see simplicity, and therefore, sometimes at first make out guardianship (somewhat quicker to take the child to themselves), and later renew documents for adoption.procedure is complicated by
At adoption (unlike guardianship and a foster home) as from the legal point of view adoption is an establishment between the adoptive father (and also his relatives) and the adopted child (and also his children, grandsons) the legal relationship similar existing between blood parents and children.
Adoptive parents are allocated with the parental rights and duties, and blood parents of the child lose these rights and duties.
At last, legal proceedings are taken place - you receive the copy of a judgment on hands. Go to the REGISTRY OFFICE behind the certificate on adoption, and also the new (!) birth certificate. In the same place (in case of adoption) record about the child will be made in the passport of the adoptive father.
Myths of adoption
- of “To adopt the child costs a heap money...“ Actually all procedures of adoption are free
. Filing of applications, medical surveys of adoptive parents and children, obtaining all references - everything is free. The state duty in court is not raised. However the expenses connected with adoption are inevitable. It is worth providing expenses on transport if it is necessary to look for the child in other area, and accommodation temporary there; perhaps, services of lawyers and, certainly, preparation of the house for acceptance of the child - acquisition of furniture, clothes, toys, books...
- “The huge waiting list for adoption exists...“
Unfortunately, the thrown children it is much more, than persons interested to adopt them. And that, you should stand in a queue or not, depends not on the number of children, and on requirements imposed by you to the future child. For example, adoptive parents want to take absolutely healthy newborn girl with light eyes and hair. It is not enough such children, and there is a lot of persons interested. Some want to resort to pregnancy imitation, and to pick up the newborn refusenik and “to combine terms“ imaginary pregnancy can be difficult. On the other hand, there are a lot of unclaimed children of a little more advanced age, temnenky or having small problems with health, from - for what they are left without parents. Therefore it is necessary or to prepare for the uncertain term of expectation of the suitable child, or to concede in the requirements a little. Especially as, getting to the warm, filled with love and care house situation, any child blossoms, and many medical problems are compensated.
- “Only those who cannot give rise on medical indications can adopt the child...“
It is a lie too. There is no legislative restriction for adoption by the people capable to give rise and/or having children, blood and/or adopted, sponsored, etc. If from candidates for adoptive parents begin to demand providing the certificate of infertility, it is absolutely illegal! You should ask the normative document on the basis of which such demand is made from the expert of guardianship. You can achieve the letter of inquiry from agencies of guardianship in medical institution for obtaining such reference. And with this inquiry you should go not to medical institution, and in higher instance to protest the illegal requirement.
- “Cannot adopt the child to the lonely person...“ >
it is provided In the legislation by strong as adoption by a married couple, not married adoptive father. It is necessary to consider that agencies of guardianship treat lonely adoptive parents more carefully, carefully study motives of adoption and domestic surroundings in the house of the candidate. Besides, Art. 127, item 2 of the Family code of the Russian Federation forbids the persons who are not married among themselves to adopt the same child in common. In other words, you or should get married and become the child the full father and mother, or officially as the adoptive father only one of parents will act. In some countries where the number of persons interested to adopt the child rather high, are similar restrictions, and only the married couple can adopt. Such requirements are partly proved as the lonely parent meets great difficulties in education and providing the child. Incomplete families are included into risk group, and to you before deciding on adoption, it is worth thinking very well - whether you will be able to cope with psychological and financial difficulties, to give full education to the child whether “backs“ are rather strong at you for this purpose, and whether the risk is justified.