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Last update 09/07/2019
The state encourages citizens to adopt, guardianship and guardianship of orphans. All three concepts are similar in meaning, but have different registration procedures and different federal and regional payments.
Responsibilities of foster parents and guardians:
- provide the child financially: clothes, toys, and other necessary things;
- create conditions for receiving education;
- create comfortable living conditions;
- monitor the health of the person under care, develop his moral qualities;
- preserve the property of the ward.
The amount of benefits and benefits varies in the regions, some of them depend on the cost of living in the region.
- Federal Law No. 48 “On guardianship and trusteeship”;
- Articles of the Civil Code of the Russian Federation;
- Decree of the Government of the Russian Federation dated January 26, 2018 No. 74 “On approval of the indexation coefficient for payments, benefits and compensation in 2019”;
- Federal Law No. 256-FZ “On additional measures of state support for families”;
- Tax Code of the Russian Federation (part two) dated 05.08.2000 No. 117-FZ, clause 2, part 1, art. 219 Tax Code of the Russian Federation;
- Federal Law of December 28, 2017 No. 418-FZ “On monthly payments to families.”
What payments and benefits are due to adoptive parents, guardians and trustees?
Parents who have adopted a child or several children from an orphanage can count on the following benefits and benefits:
- with everyone, if the baby is less than three months old;
- if there are two or more children in the family;
- or guardianship;
- preferential enrollment and free meals in kindergartens and schools;
The benefit is not paid if one of the spouses adopts children from a previous marriage, except for parental leave. Maternity leave for up to 3 years and monthly payments can also be issued by the adoptive parent.
Adoptive parents have the right to all benefits and guarantees, the same as at the birth of their own children, except for maternity benefits. When adopting a baby under 3 months of age, maternity benefits are paid:
- when adopting one - from the date of his adoption until the expiration of 70 calendar days from the date of birth of the child;
- in the case of simultaneous adoption of two or more - from the date of their adoption until the expiration of 110 calendar days from the date of birth of the children.
The benefit will be paid by the company that took out the care leave.
If the adopted child is the second in the family or subsequent, then the family is entitled to 453,026 rubles.
From 2018, for the second child up to one and a half years old in size . The right to payment arises if the family income does not exceed 1.5 times the subsistence level.
For guardians and trustees, in addition to benefits and allowances, monthly payments for the maintenance of the ward are additionally established. The amount of payments depends on.
Registration of guardianship does not give the right to maternal (family) capital, this is how it differs from adoption; the amount of additional payments will depend on the region of the Russian Federation. All payments for guardianship should go only to the needs of the ward, they cannot be spent on yourself.
| Type of benefit | Benefit amount |
| Payments to adoptive parents | |
| A one-time compensation payment to reimburse expenses in connection with birth (adoption). |
|
| A one-time payment to reimburse expenses related to adoption. |
|
| Monthly compensation payment to persons who adopted a child in Moscow after January 1, 2009: | |
| Payments to guardians and trustees | |
| Benefits for the maintenance of the person under guardianship. |
|
| Monthly compensation payment to the guardian (trustee) to reimburse expenses for payment for living quarters and utilities and for using the telephone in the residential premises in which the ward actually lives. | 928 rubles |
| Monthly compensation payment to certain categories of children left without parental care. | 3,000 rubles |
In the Ivanovo region
You should find out about specific benefits and benefits for adoptive parents, guardians and trustees in the regions from the guardianship authorities of the local administration.
Alimony for an adopted child
There are three types of adoption:
- A married couple can adopt a baby from a shelter or orphanage.
- If the natural parent was deprived of parental rights, but the mother/father starts a family again, then the new spouse can adopt the child.
- If one of the parents has died, but the mother/father is starting a family again, then the new spouse can become a stepparent.
In the event of divorce or loss of parental rights, adoptive parents must pay child support for the adopted child until he reaches adulthood. Since after the adoption is formalized, the adoptive parents/parent acquire the same responsibilities as the natural parents/parent and cannot refuse child support.
The amount of child support for an adopted child is the same as for a native child:
- for one - 25% of the total income of the alimony provider;
- for two - 33% of total income;
- for three or more - 50% of total income.
Unemployed capable parents must pay alimony; in this case, the amount of alimony is fixed and the payment procedure is formalized through the court or a voluntary agreement.
How to make payments
A one-time benefit when registering adoption/guardianship/trusteeship is assigned and paid by social security at the place of residence, for this you need to provide the following documents to the department:
- statement;
- a copy of the court decision on adoption;
- when adopting a disabled child, a certificate confirming the disability;
- when adopting brothers and/or sisters, documents confirming family relationships.
Within 10 days from the date of receipt of the application, benefits will begin to be paid. The application and all necessary documents can be sent by mail, then the date of receipt of the application is considered to be the date indicated on the postmark at the place of departure.
The benefit is assigned if it is issued no later than 6 months from the date the court decision on adoption enters into legal force.
To apply for maternity leave to care for an adopted child for up to 3 months and receive all the required payments, you need to contact the antenatal clinic with adoption documents: the doctor will issue a sick leave certificate, on the basis of which the accountant will calculate benefits.
Monthly payments to guardians/trustees are accrued from the subject’s budget. To process the payment, the guardianship authority transmits the necessary documents and information to the social security authorities, the Social Insurance Fund or the Pension Fund of the Russian Federation:
- passport of the guardian and birth certificate of the ward;
- details of the applicant's current account;
- application of the guardian for the assignment of social benefits;
- court decision establishing guardianship/trusteeship;
- a certificate confirming that the ward has completed studies at a university;
- a certificate of disability if the child is disabled;
- Documentary evidence of cohabitation between the guardian and the child.
Payments must be assigned within 10 days from the date of receipt of documents.
Guardianship and trusteeship authorities closely monitor the performance of duties by adoptive parents; if serious violations of the child’s rights are detected, they will apply to the court to cancel the adoption.
If the child was returned to the orphanage, then all payments for him will also need to be returned. If the parents did not spend the money on the child, this process takes place in court.
What benefits are available to adoptive parents, guardians and trustees?
Along with monetary benefits, guardians have the right to labor and tax benefits, and in the case of guardianship of disabled children, also benefits for improving living conditions.
Labor benefits include:
- maternity leave up to 3 years;
- sick leave for child care;
- the right to part-time or part-time work;
- the right not to work at night if there are preschoolers under 5 years of age;
- the right to receive four additional paid days off per month if the ward has a disability;
- the right to receive annual paid leave at any convenient time if the child is disabled;
- the right to a part (at least 14 days) of annual paid leave to accompany the ward upon admission to a secondary or higher educational institution, which is located outside the guardian’s locality. Leave is granted for each child once.
When adopting a child, a working parent has the right to receive
The amount of taxable income is reduced:
- for 1400 rubles for the first and second;
- for 3000 rubles - the third and subsequent ones;
- for 6,000 rubles - when caring for a disabled child;
- for 12,000 rubles - when adopting a disabled child (for each).
To receive the benefit, you need to contact the company’s accounting department with the child’s birth certificate and a certificate of disability (if necessary).
The tax deduction is provided in double amount to the sole guardian.
Adoptive parents at work have additional benefits:
- they should not be required to work at night or to work overtime;
- involve in work on weekends and holidays;
- annual leave must be granted in the summer.
Benefits for guardians of disabled children:
- provision of housing at public expense;
- 50% discount on housing and communal services;
- the opportunity to obtain a plot of land for the construction of a house or subsidiary plot free of charge.
Main
Adoption is the adoption of a child into a family. Persons who adopt a child become his legal parents with all legal rights and responsibilities assigned to them. Adoption is regulated by the Family Code of the Russian Federation, Chapter 19.
Guardianship is the raising of a child from another family under the age of 14. Guardians do not receive parental rights; it is assumed that natural biological parents do not lose their rights.
Guardianship is a form of guardianship, only the age of the ward is from 14 to 18 years.
- in case of adoption, the child will receive the same rights as his own, parents will be able to apply for all types of child benefits and benefits in their region;
- in the case of guardianship or trusteeship, the biological parents retain the right to take their child from the foster family or periodically see him;
- guardians can also count on child benefits, in addition to maternity capital. Adoptive parents will be required to pay alimony in the event of divorce or deprivation of parental rights before the child reaches adulthood;
- The procedure for processing documents and a list of benefits and benefits for those wishing to adopt a child or take him under guardianship can be found in the guardianship authorities at the place of registration.
If the child is returned to the orphanage, the guardianship authorities can return the benefits paid through the court.
Photo: Press services of the Mayor and the Moscow Government. Denis Grishkin
By November 2016, more than 90 percent of the capital’s orphans and children left without parental care had already been placed in new families. the site tells you what benefits new fathers and mothers can count on, how adoption differs from guardianship, and how to take a child into the family.
The number of Muscovites who are not indifferent to the fate of children from orphanages is increasing every year. The number of foster families in just nine months of 2016 increased by 4.3 percent - from 2537 to 2646 families, and 240 children found a new home in foster families.
Over the past six years, the number of orphans and children left without parental care who have found a new family has increased by 48 percent.
Family Education Centers
By the end of 2015, all boarding schools, orphanages and children's homes, as well as boarding schools for mentally retarded children in Moscow were transformed into centers for promoting family education. Here residents can communicate with children, learn how to obtain guardianship or foster care, become foster parents or adopt children.
In Moscow there are 31 state centers and 7 more private institutions for orphans and children left without parental care. At the same time, the number of children being raised in them has decreased by 20 percent since the beginning of 2016 - from 2,473 to 1,980 people. These are mainly children over 10 years old and with disabilities, including those suffering from Down syndrome. In general, over the past six years, the number of students in boarding schools has more than halved.
More than 18.7 thousand children are being raised in foster families. The most common form of family arrangement is gratuitous guardianship, followed by adoption and foster family.
Guardianship and trusteeship
Now there are 7.6 thousand foster families in the city, in which almost 8.6 thousand children are being raised.
Guardians and trustees are adult, capable citizens, most often relatives of the children. In this case, the moral qualities of the person and the desire of the child himself are taken into account.
Guardians are appointed for minor citizens under 14 years of age. They become legal representatives and can act on their behalf, undertake to raise children, educate them, care for and protect their interests. When the child turns 14, the guardian becomes a custodian. Guardianship ends when the student turns 18 or gets married.
Guardians (trustees) are paid money to support the child, and support is provided in organizing his education, recreation and treatment.
While living with guardians, the child can, if desired, see blood relatives. But it will not be possible to change the surname or date of birth of children during guardianship.
Adoption
Since the beginning of the year, 187 children have been adopted in Moscow. In total, there are now more than 5.1 thousand families in the city, where 5.7 thousand adopted children are being raised.
Upon adoption, persons who accept a child into their family acquire all parental rights and responsibilities. The adoptive parents give the child their last name and raise them as their own.
The age difference between the future parents and the child must be more than 16 years. Only capable citizens who have no criminal convictions for serious offenses can become adoptive parents, provided that they have housing and the necessary income. Children will not be sent to families where parents use alcohol or drugs, are carriers of infections, suffer from mental illness, or have previously been deprived of parental rights or have been removed from acting as a guardian.
Adoptive families
Over the nine months of 2016, 109 foster families appeared in the capital, into which 240 children were taken. In total, there are 2.6 thousand foster families in the city. They educate 4412 children.
Such a family is created under an agreement concluded with the guardianship and trusteeship authorities. Adoptive parents become the child's official guardians and legal representatives. But unlike ordinary guardians, they receive compensation for their services.
Both married couples and single citizens can become parents. The main thing is not to have serious illnesses or criminal records, not to use drugs or alcohol, and also to be able to provide the child with everything necessary for life and study.
Learn to be a parent
Spouses who want to adopt or take custody of children can get expert advice from foster parents schools. Here they will tell you what documents need to be prepared, what benefits you can count on, how to help your child adapt to a new family and avoid conflict situations, as well as how to raise children with disabilities.
Today there are 57 schools for foster parents in the city. In just nine months of this year, 2,637 people were trained there. Another 54 organizations provide support for foster families. Accompanying agreements were concluded with 1,149 families raising 1,754 children.
Social payments to families with orphans and children without parental care
When a child is transferred to be raised by a family, the capital’s social protection authorities pay a one-time benefit provided for by Federal Law No. 81-FZ of May 19, 1995 “On State Benefits for Citizens with Children.”
The benefit is paid in all forms of family placement of children left without parental care (adoption, establishment of guardianship (trusteeship), placement in a foster family). The benefit amount is:
- for persons who have adopted a disabled child, a child over seven years of age, as well as children who are brothers and (or) sisters - 118,529 rubles 25 kopecks;
- for persons who have adopted an orphan child, a child left without parental care, into a foster family or under guardianship (trusteeship), as well as for persons who have adopted an orphan child, a child left without parental care, who is not disabled, a child under seven years old or a child not adopted at the same time as a brother (sister) - 15,512 rubles 65 kopecks.
Last year, benefits were paid to 2,304 children placed in foster care, including the parents of 106 children who received the maximum benefit amount. Since the beginning of this year, parents of 1,855 children have received it. Families of 100 children - 118.5 thousand rubles each.
In addition, families receive a monthly payment from the capital’s budget. From January 1 of this year, the amount of monthly benefits for orphans and children without parental care who are in the families of guardians, trustees, foster parents, foster carers, as well as monthly compensation payments to persons who adopted in the city of Moscow after January 1, 2009 for an orphan child or a child left without parental care, increased by 10 percent and ranges from 16.5 thousand to 27.5 thousand rubles per month, depending on the age, number of children and their state of health.
From January 1, the amount of monthly remuneration paid to foster parents (foster carers) has also been increased.
Foster parents and foster carers receive a monthly remuneration of 16.7 thousand rubles for each adopted child, and the payment for a disabled child has been increased to 28,390 rubles. At the same time, in families with one or two children, only one of the parents receives payments, and when raising more than three children, both spouses receive a monthly payment for each child.
A one-time compensation payment for reimbursement of expenses in connection with the adoption of a child in Moscow depends on the order of adoption of children and amounts to 76.9 thousand rubles, 107.7 thousand rubles or 153.8 thousand rubles.
In addition, the city reimburses families for housing and telephone bills and provides free travel on public transport. Children are provided with vacation vouchers annually, and once every two years they can vacation with their foster parents. Also, since 2014, foster families have been compensated for part of the cost - up to 45 thousand rubles - of independently purchased vouchers.
After reaching the age of majority, orphans or children without parental care who do not have residential premises assigned to them are provided with housing that meets established social norms.
New family - new home
Since 2014, a project has been launched in the capital to provide financial support to families who have adopted older orphans and (or) disabled children.
Families that have taken in at least five orphans, three of whom are over 10 years old and (or) are disabled, receive housing for a comfortable stay for a large family. The area of a house or apartment is calculated at a rate of 10 to 18 square meters for each family member (parents, their minor children and adopted children).
If the spouses have been married for at least three years and successfully undergo psychological diagnostics, then an agreement is concluded with them for the free use of residential premises for 10 years. After this period, the family has the right to receive an apartment under a social tenancy agreement.
The project involved 34 foster families, into which 203 children were placed. Of these, 63 children are disabled, 93 children are over 10 years old.
A truly family award
For significant contributions to the development of family structure, residents and organizations are awarded the “Wings of the Stork” award. The laureates receive a memorable sign - a figurine depicting a flying stork and a child.
The winners of the “Wings of the Stork” award in one of the most significant nominations “Adoptive parents, guardians (trustees), foster or foster families for special personal contribution to the development of the family structure of orphans and children without parental care in the city of Moscow” became Natalia’s family and Valery Zhuravlyov. They are raising three natural and 15 adopted children, six of whom have Down syndrome. At the same time, the couple assisted in the transfer of another 38 children with this diagnosis to other families.
And the award among public organizations was given to the St. Sophia Orphanage, which became one of the first non-state orphanages in Russia for disabled people with severe multiple developmental disorders. Now there are 22 children. Employees are looking for families for them. And those who remain in this institution will be cared for even after they reach adulthood.
Here children have opportunities not only for learning, but also for social adaptation - volunteers help them with this.
This year there is a new nomination - “Person”. The award in this category is awarded for a special personal contribution to the development of a family structure. It was received by Galina Semya, Doctor of Psychological Sciences, Professor of the Department of Psychological Anthropology at Moscow State Pedagogical University.
Hello.
According to paragraph 1 of Art. 127 of the Family Code of the Russian Federation, adoptive parents can be adults of both sexes, with the exception, in particular, of persons who, for health reasons, cannot exercise parental rights.
Such diseases include, among other things, all diseases and injuries that lead to disability of groups I and II, excluding the ability to work (List of diseases, in the presence of which a person cannot adopt a child, take him into guardianship (trusteeship), take him into a foster family, approved by Decree of the Government of the Russian Federation dated 01.05.1996 N 542).
Thus, if you do not have diseases that lead to group II disability and exclude ability to work, you can be an adoptive parent.
Adoption is carried out by the court upon the application of persons wishing to adopt a child.
The application for adoption must indicate:
surname, name, patronymic of the adoptive parents (adoptive parent), place of their residence;
last name, first name, patronymic and date of birth of the child being adopted, his place of residence or location, information about the parents of the child being adopted, whether he has brothers and sisters;
circumstances justifying the request of the adoptive parents (adoptive parent) to adopt a child, and documents confirming these circumstances;
a request to change the surname, first name, patronymic, place of birth of the child being adopted, as well as the date of his birth (when adopting a child under the age of one year), to record the adoptive parents (adoptive parent) as parents (parent) in the birth certificate.
The adoption application must be accompanied by:
1) a copy of the adoptive parent’s birth certificate - when a child is adopted by an unmarried person;
2) a copy of the marriage certificate of the adoptive parents (adoptive parent) - when adopting a child by married persons;
3) when adopting a child by one of the spouses - the consent of the other spouse or a document confirming that the spouses have terminated their family relationship and have not lived together for more than a year. If it is impossible to attach the relevant document to the application, the application must indicate evidence confirming these facts;
4) a medical report on the health status of the adoptive parents (adoptive parent);
5) a certificate from the place of employment about the position held and salary or a copy of the income statement or other document on income;
6) a document confirming the right to use residential premises or ownership of residential premises;
7) a document confirming the registration of a citizen as a candidate for adoptive parents.
Before going to court, you need to submit an application to the guardianship and trusteeship authority at your place of residence with a request to give an opinion on the possibility of becoming adoptive parents with the following documents attached:
1) short autobiography;
2) a certificate from the place of employment indicating the position and salary or a copy of the income statement;
3) a copy of the financial personal account and an extract from the house (apartment) register from the place of residence or a document confirming ownership of the residential premises;
4) a certificate from the internal affairs bodies confirming the absence of a criminal record for an intentional crime against the life or health of citizens;
5) a medical report from a state or municipal medical and preventive institution on the state of health of a person wishing to adopt a child, drawn up in the manner established by the Ministry of Health and Social Development of the Russian Federation;
6) a copy of the marriage certificate (if married) (clause 6 of the Rules for the transfer of children for adoption and monitoring the conditions of their life and upbringing in the families of adoptive parents on the territory of the Russian Federation and the Rules for registering children with consular agencies of the Russian Federation who are citizens of the Russian Federation and adopted by foreign citizens or stateless persons, approved by Decree of the Government of the Russian Federation of March 29, 2000 N 275).
A negative conclusion and a refusal to register as a candidate adoptive parent based on it can be appealed to the Ministry of Education and Science or to court.
How many orphans and disabled children are there in Russia? What forms of adoption are there? What reforms should there be in the prevention of orphanhood? What are the stereotypes of how an orphan is perceived? What to do to adopt a child? Figures and facts.
Walter Langley, The Orphan (1889).
In Russia there are about 650 thousand orphans and children left without parental care. At the same time, as of September 2013, there were about 100 thousand children in Russian orphanages (the majority of orphans - more than 500 thousand - are being raised in families).
In Russia, there is a trend towards a decrease in the number of children left without parental care identified in one year. During 2012, 74 thousand 724 such children were identified (in 2011 - more than 82 thousand).
At the same time, there is a steady trend towards a reduction in the number of children placed in families for upbringing. In 2012, 58.8 thousand children were transferred to family placements (in 2011 - 67.5 thousand, in 2009 - 86.6 thousand). On the one hand, this is due to a reduction in the number of children identified annually as being left without parental care, as well as a reduction in the number of pupils in organizations for orphans and children left without parental care. On the other hand, this may be explained by the fact that there are many disabled children, teenagers or children with a strong attachment to their birth family left in orphanages. It is difficult to place these categories of children in families (for comparison: in Ukraine the number of children transferred to family forms of education is growing every year).
Today in Russia, about 85% of orphans are social orphans, that is, children with living parents (5 years ago this figure was less than 75%). In Russia, a system of working with a child’s birth family and preventing social orphanhood has not yet been built. Recently, the first steps in this direction have been taken in Moscow and large cities (for example, the Moscow Department of Social Protection in 2013 developed and adopted the Concept of a model for the prevention of social orphanhood, which, however, has not yet begun to work). Until now, guardianship and trusteeship authorities operate within the framework of a binary paradigm: leave or take a child from the birth family. A system of social services and family support in difficult life situations has not been developed. There is still a shortage of NGOs that are capable of taking on the functions of helping a specific family.
Among the orphans in orphanages there are 17.5 thousand disabled people. In total there are 576 thousand disabled children in Russia. In most cases, these children are disabled with mental disorders. Although in 2013 the allowance for a disabled child was increased, and the amount of a lump sum payment for those parents who accept disabled children for adoption was increased, state support does not cover even one tenth of the needs of such families.
In Russia, the secondary education system does not meet the needs of disabled children, there is a lack of qualified rehabilitation and medical care, and such children are deprived of further social and educational prospects. Disabled people with mild mental or mental disorders cannot get a job (while in developed countries, for example, people with Down syndrome are required to be hired for simple jobs). Many potential adoptive parents are stopped by the fact that after the death of the adoptive parents (in most cases, the adoptive parents are people of middle and older age), the disabled person is doomed to social death - placement in a psychoneurological boarding school, where he will be isolated from society for the rest of his life and will certainly lose all acquired social skills. A way out of the situation could be the organization of training apartments, private houses for people with disabilities to live together under the supervision of healthy people, etc.
In connection with the so-called Dima Yakovlev law (a ban on the adoption of Russian children in the United States), the topic of orphans and their adoption in Russia received wide publicity and attention.
By 2018, the Russian government has set a goal to halve the number of orphanages. Over the past four years, the number of state orphanages has decreased from 1,770 to 1,344 (data as of May 2013). In Moscow in 2013, state orphanages were focused on placing children in families: each orphanage received the appropriate order, the fulfillment of which determines the salary and further employment of the directors of the institutions. Over the course of several years, two types of orphanages are planned to remain in Moscow: small-scale (less than 30 people) and family-type orphanages. In accordance with the presidential decree of December 28, 2012, an item on the share of children left without parental care was added to the list of indicators for assessing the effectiveness of the activities of executive authorities of the country's constituent entities.
In 2012, Russia adopted the “School of Adoptive Parents” program, within the framework of which targeted work began with those families who intend to adopt a child. Currently, there are about 50 such schools in Moscow, and they are also open in other regions.
In 2013, a reform of the system of orphanages began in Moscow, where an infant left without parental care is forced to stay for up to 5 years. During this time, the child loses significant development due to lack of attention, communication and, in fact, through the efforts of the state system, is forcibly protected from all needs except vital ones. In Moscow, 7 orphanages have been closed; starting from 2014, it is planned to transfer the remaining 10 institutions to the jurisdiction of the social protection department (previously they were under the jurisdiction of the health department) and establish a process for the prompt transfer of children to families there. Unlike Moscow, the problem of orphanages is still relevant for other Russian regions.
In order to avoid a situation where a child remains in a medical institution for a long time without attention and supervision, it is necessary to consider a mechanism for the prompt transfer of newborn children to professional foster families. While the issue of the rights of the birth parents is being resolved, the child must live in a professional foster family, which, if necessary (returning their rights to the birth parents), will be obliged to return the child to the birth family.
Photo from the site http://fishki.net/anti
The procedure for placing a child in a family
In Russia, there are 5 forms of family placement for orphans and children left without parental care:
— adoption;
— guardianship (trusteeship);
— creating a foster family;
- temporary placement of children with families;
- creation of a foster family.
Adoption assumes that all the rights and responsibilities of an adopted child are equal to the rights and responsibilities of natural children. In most cases, this form is used when talking about infants.
Guardianship- a form of placement of minor citizens under 14 years of age (from 14 to 18 years of age - guardianship), in which the corresponding duties are performed, as a rule, free of charge. Most often, guardianship of the ward is established by his relatives.
Adoptive family- guardianship or trusteeship of a child or children, which is carried out under a foster family agreement concluded between the guardianship and trusteeship authority and the foster parents or foster parent, for the period specified in this agreement. The guardianship authorities undertake to check and help the adoptive family. Adoptive parents receive a monthly remuneration and funds to support the child.
Temporary placement of children with families– transfer of children to families for vacations, weekends or non-working holidays and in other cases for a period of no more than 1 month. As a rule, it is used in emergency cases while relatives are collecting documents for guardianship or foster care.
Patron form of the device- is currently almost not used. The difference between foster care and guardianship and adoption is, first of all, that this form allows for the selection of families, professional training and support of the family after the adoption of the child.
Basic requirements for adoptive parents:
- adulthood;
— no cases of restriction of parental rights, removal from duties of a guardian, foster parent, or adoptive parent;
— legal capacity;
— no criminal record;
— absence of medical contraindications;
— permanent place of residence that meets sanitary standards;
- income that provides the child with a standard of living not lower than the subsistence level;
- undergoing preparation for adoption.
Steps to Adoption:
— Obtaining the status of a candidate for adoptive parents
— consultation with guardianship and trusteeship authorities;
— training at school for foster parents;
— collection of necessary documents;
— obtaining a conclusion on the possibility of becoming an adoptive parent;
— registration with the guardianship authorities.
— Selection and introduction to the child
— acquaintance with the general database of children left without parental care;
— receiving referrals for acquaintance and getting to know the child;
- making a decision on adoption.
— Judgment
— obtaining a conclusion from the guardianship authorities on the advisability of adoption;
— court decision;
- preparation of documents.
Problems of placing children in a family
Despite a number of positive changes, the country still does not have a system of assessment and qualified control over foster families. Schools of foster parents are limited in their powers and in fact cannot issue negative conclusions about the possibility of placing a child in a family, and guardianship and trusteeship authorities are very often not competent enough to adequately resolve this issue. In addition, a system for training specialists in the school of foster parents has not been developed.
As before, many orphanages, especially homes for disabled children, are semi-closed institutions where access for volunteers and public organizations is difficult (the exception is Moscow, where government institutions are required to admit volunteers). Many state-run orphanages still house more than 100-200 children, undermining the idea of individual care and attention for each child.
In the process of adoption The interests of the potential adoptive parent, rather than the child, are put at the forefront. The official website, where the federal database on children left without parental care is published, literally involves selecting a child by eye color, hair color, etc. The system is built on the principle of a store and is based on an attempt to persuade potential parents to take a child, whereas in world practice it is not the parent who is matched with the child, but rather the opposite – the parent is matched to the child. In order to change this approach, it is necessary to rebuild the system and create a database of adoptive parents. A parent must be selected for a specific child depending on the child’s individual qualities and characteristics.
Not many people in Russia decide to take orphans into their families. This is often associated with stereotypes: a negative attitude towards the fact of adopting a child, the desire of parents for the mandatory success of their (adopted) child. For various reasons, having an adopted child in Russia is considered shameful. Foster parents in most cases wish to adopt blue-eyed, beautiful babies whom they hope to raise as their own children. Many are not prepared for the real situation (most children are teenagers over 10 years old with their own sad childhood history or are disabled).
In Russia, the number of children of labor migrants, mostly of non-Slavic origin, is growing every year. Due to problems with documents, parents of such children do not apply to government agencies, while there is an obvious shortage of non-state institutions to help migrant children.
Statistical information taken from open sources (website usinovite.ru, RIA Novosti, statements by P.A. Astakhov, O.Yu. Golodets, etc.)
In the Russian Federation, raising children in the family is considered a priority. The state develops and implements measures aimed at encouraging citizens to adopt, that is, to accept orphans into their community. An important part of them are benefits for adopting a child. Let's consider what types of benefits adoptive parents can count on in 2019-2020.
General concept
Adoption is the process of accepting a child left without parental care into a family. The term is perceived in a general manner, regardless of its gender. In the process of adoption, both parties acquire rights and responsibilities towards each other, which are in no way different from legal relations in an ordinary family.
The adoptive parent assumes responsibility for the child:
- on his material support;
- to create conditions for obtaining education, including professional education;
- to ensure comfortable living conditions.
An adopted child receives all the rights of a native child. In addition, he has the same responsibilities towards new parents.
Important! Guardianship and trusteeship authorities are obliged to monitor the fulfillment of their duty by adoptive parents. If serious violations and abuses are detected, they go to court to cancel the adoption.
State support for adoption
Federal legislation contains a number of preferences for adoptive parents. They can be divided into the following groups:
- social support;
- tax benefits;
- preferences in the field of labor activity.
A family that has adopted someone else’s child may qualify for the following social support measures:
- maternity leave with all payments (if you took a baby up to 3 months old);
- obtaining a certificate for maternity capital (provided that there are two or more children in the family);
- lump sum adoption benefit;
- monthly payments to the mother until the child reaches 1.5 years of age;
- preferential enrollment and free meals in kindergartens and schools;
- free medicines for children under 3 years of age;
- reimbursement of expenses for housing and communal services;
- reimbursement of 50% of the cost of kindergarten expenses.
The law makes no difference between parents. Maternity leave and monthly payments can also be provided to the father if desired.
Who is covered by government support programs?
- healthy child - 16,350.33 rubles. (from February 1, 2017);
- disabled person - 124,929.83 rubles.
However, benefits in the field of labor relations apply exclusively to people with an official place of duty. For example, these include preferences such as:
- restrictions on involvement in night shifts and overtime work;
- ban on working on weekends and holidays;
- provision of vacation in the summer.
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Financial support measures for adoptive parents
- general;
- special.
The first refers to those benefits and benefits that are due to biological parents. At the same time, there are payments accrued only to adoptive parents.
Maternity money
If the baby transferred to the family is less than three months old, then one of the parents has the right to apply for maternity leave. In practice, this is done in the same order as at the birth of a child:
- You should contact the antenatal clinic with documents.
- The doctor will register the woman and issue a sick leave certificate.
- This document is submitted to the administration of the enterprise.
- The accounting department will calculate and pay the usual maternity benefit.
One-time payment to the adoptive parent
This type of payment is made once. The family has the right to it immediately after all the documents for the adopted child have been completed (in practice, a court decision). The amount depends on the age and health status of the adopted child, and the number of adopted children.
Above are the amounts of benefits paid in 2018 for a healthy child and a child with health limitations.
In addition, increased payments (RUB 124,929.83) are due if:
- child over 7 years old;
- brothers or sisters are accepted into the family (paid for each).
How to get
A lump sum payment is not automatically assigned. It should be applied for personally by the person to whom the court has established parental rights. To do this, you should prepare copies of the following official documents:
- a court decision to legitimize the fact of adoption (must be in force);
- if the child has established health restrictions, they are confirmed by an appropriate certificate issued by a medical and social examination;
- When a family has accepted brothers or sisters, they need papers confirming this fact.
Documents must be taken to the local administration (guardianship authorities). Payments are made after ten days, subject to the provision of reliable and complete information.
Important! If the court decision indicates circumstances that increase payments (a disabled child, the age of the adopted child, or the adoption of brothers and sisters into the family), then no additional paperwork is required.
Care allowance for up to one and a half years
The amount of this type of payment is calculated in the usual way: based on average earnings over the last two years. Its value is 40% of the indicator. The minimum amounts from February 1, 2017 were:
- for the first child (all children in the family are considered: natural and adopted) - 3056.69 rubles;
- for the second and subsequent ones - 6131.37 rubles.
Maternity capital
Federal Law No. 256-FZ provides for the possibility of allocating maternity capital to families who have adopted a second and subsequent children. Its size in 2017 was 453,026 rubles.
Attention! The conditions for obtaining the certificate are as follows:
- the fact of adoption must date from 01/01/2007 to 12/31/2018;
- a family must raise two or more children (regardless of the degree of relationship).
Spending maternity capital funds is allowed only in four directions:
- acquisition or reconstruction (construction) of housing;
- children's education;
- Mom's pension;
- rehabilitation and habilitation activities for children with disabilities.
Tax benefits
When understanding what is required when adopting a child, do not forget about the procedure for reducing the tax burden for citizens with children. It is the same for biological and adoptive mothers and fathers.
The amount of taxable income is reduced:
- by 1.4 thousand rubles. upon adoption of the first and second baby;
- for 3 thousand rubles. - third and subsequent;
- by 12 thousand rubles. - for accepting a disabled child into the family (for each).
Attention! Preference is granted at the place of duty. To obtain it, you must contact the enterprise administration with the relevant documents:
- children's birth certificates;
- certificate of disability of a son or daughter.
Do I need a report on the use of state aid?
Domestic legislation equates the institution of adoption with biological kinship. This means that parents have the same rights and responsibilities towards their children, regardless of blood ties.
The state provides additional assistance to adoptive parents so that they can take more care of their children and experience fewer difficulties. There is no need to account for budget money.
Attention! The fulfillment of parents' duties is controlled by the guardianship and trusteeship authorities. This applies to all areas of life, including the material support of children.
Regional measures to support adoptive parents
Each federal subject adopts its own programs to help families hosting children. For example, in the capital and region they are given the right to receive regional capital. Its size is 100,000 rubles.
In addition, the adoptive parent in Moscow receives:
- One-time 30 thousand rubles. The money can be transferred to the account of either one of the parents or the child.
- Monthly payment in the amount of 10,000 rubles. This payment is due only to citizens who successfully fulfill parental responsibilities, as confirmed by the guardianship service.
Attention! Specific preferences for adoptive parents in the regions should be checked with the guardianship authorities of the local administration.
Instead of a conclusion
The described rights and preferences are not mandatory. Citizens can receive them upon application. However, no one will oblige you to reveal the secret of adoption if the parents do not want it.
- Payments can be refused if this is related to the moral aspect of raising children in a family.
- Only this act will not cancel the checks of guardianship specialists, who are obliged to monitor the living conditions of children in the families that have adopted them.
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