How to adopt a child

What is adoption of a child

Adoption or adoption is one of the ways to bring up a child whose parents (one or both) are not fulfilling their responsibilities. At the same time, foster children receive the same legal status as biological relatives.

This means that parents are endowed with all the rights and obligations provided for by law and can represent the interests of the child. New family members are considered close relatives in the meaning described by the law of the RF IC, Article 14, including the right to inherit. The property of the children is transferred to common use.

The adoptive parents have the right to change the name, surname, date and place of birth of the child. All his relatives by blood cease to be considered close to him, and they are forbidden to communicate with him. Adoption can only be canceled by a court decision.

The secret of adoption is protected by the RF IC, article 139. The secret of the adoption of a child by law. Officials participating in the procedure are not entitled to disclose its details.

Who can adopt a child

The RF IC can become an adoptive parent, article 127. Persons who have the right to be adoptive parents are a person of any gender, if he:

adult;
capable (and if married, then the spouse must be capable);
has a permanent place of residence and income to provide the child with a living wage;
was trained at the school of foster parents;
not previously deprived of parental rights, not removed from the duties of a guardian, not a former adoptive parent, whose status was canceled through a court;
does not suffer from diseases The list of diseases in the presence of which a person cannot adopt (adopt) a child, take him under guardianship (guardianship), take him into a foster or foster family that prevent adoption - read more about them further;
has not been convicted of crimes against sexual integrity, life and health, freedom, honor and dignity of the individual (exceptions - illegal hospitalization in a mental hospital and libel), family and minors, public health, public morality and security, as well as for grave and especially grave crimes;
is not in same-sex union.

It is not necessary to be married. If a person is in a registered relationship, his spouse does not have to adopt the child with him. But you still have to get consent to this from him. But two people who are not married cannot adopt the same child.

The age difference between the adoptive parent and the adopted child must be at least 16 IC RF, article 128. The age difference between the adoptive parent and the adopted child is years. However, the court may disregard this rule in the interests of the child. If he is adopted by his stepfather or stepmother, the norm does not apply at all.

The court may be loyal to the state of health, income level or lack of training in the school of adoptive parents if the child already lives in the family. All this, except for health, is also true in cases where someone wants to adopt the spouse's children from a previous marriage.

If several people apply for a child, priority will be given to a close relative. The citizens of the Russian Federation also have an advantage. Foreigners - except for Americans, Federal Law No. 272-FZ of December 28, 2012 - can adopt Russian children. But only those who have not found local parents within a year from the date the information about them entered the federal data bank.

When a child can be adopted

If its only or both parents:

have died or are declared dead through a court of law;
recognized by the court as incompetent or missing;
have agreed to the adoption;
unknown;
for disrespectful reasons, they shy away from raising a child and do not live with him for more than six months.

The law prohibits the RF IC, article 123. The placement of children left without parental care to adopt brothers and sisters into different families. An exception is if for some reason they cannot be brought up together. For example, one of them is sick, which endangers the health of the rest.

A child over 10 years old must RF IC, article 132. The consent of the adopted child for adoption to give his consent to you to adopt him.

1. Get trained at a foster parent's school

This item can be skipped to stepfathers and stepmothers, close relatives and those who are not adopting their first child. For the rest, training is compulsory. The courses are organized by the guardianship and guardianship authorities. They help to understand whether potential adoptive parents are ready for such a serious step, teach children to adapt to a new life with minimal losses for the psyche.

You can find a school for foster parents by contacting the guardianship and guardianship authorities or. Based on the results of training, students are given appropriate certificates.

2. Pass the medical examination

You need to have a certificate of the absence of diseases that may interfere with adoption. This is about:

respiratory tuberculosis in the first and second groups of dispensary observation;
infectious diseases before the onset of stable remission;
oncological diseases of the third and fourth stages, as well as the first and second - before radical treatment;
mental and behavioral disorders prior to the termination of dispensary observation;
drug addiction;
substance abuse;
alcoholism;
diseases and injuries leading to the first group of disability.

The result of the examination should be a medical report in the form No. 164 / y.

3. Get approval for adoption

The guardianship authorities should check you and issue a verdict: is it possible for you to become an adoptive parent. To start the process, you need to apply to the department with the package Resolution of the Government of the Russian Federation No. 275 of March 29, 2000, which will include:

a free-form statement indicating the full name, passport data, information about the people registered in your home, and information about no criminal record;
short autobiography in free form;
a certificate of school education for adoptive parents, if required from you;
a document confirming your income for the last 12 months, for example, a 2 ‑ personal income tax certificate;
medical certificate in the form No. 164 / y;
a copy of the marriage certificate, if you are a member.

When a spouse is planning to adopt a child, each of them must submit such a package of documents.

You can send papers in person or through the "Gosuslug" portal, if possible in your region.

Employees of the guardianship authorities will check the documents and the veracity of the data indicated in them. Then they will come to your home to assess the living conditions. If everything suits them, you will be given an opinion on the possibility of being an adoptive parent. It is valid for two years.

4. Register as an adoptive parent

This must be done in the guardianship and guardianship authorities. You will need an identity card and a statement on the possibility of being an adoptive parent. It is also necessary to fill out an application and a questionnaire on the spot.

5. Find the child you want to adopt

If we are not talking about a stepson, stepdaughter or blood relative, you will have to find a child for adoption. This can be done online - in the federal databank or in the regional ones, which you will be told about in the guardianship and guardianship authorities. There you can be introduced to children in absentia and offline.

You will be provided with personal information and photographs of candidates for adoption. If any of them are interested, they will show all the documents, including a medical certificate. You also have the right to arrange for an independent medical examination if you want to double-check the data.

In addition, you will be given a referral to visit your child. The meeting will take place in the presence of a guardianship officer. If you and your child like each other, move on to the next stage.

6. Apply for adoption in court

You must contact the district court at the place of residence or location of the child. The statement of claim specifies the Code of Civil Procedure of the Russian Federation, article 270. The content of the application for adoption is as follows:

Full name of the adoptive parents, their place of residence;
Full name of the child, information about his date of birth, place of residence, presence of brothers or sisters;
circumstances why prospective parents ask the court for adoption;
a request to change the last name, first name, patronymic, place and date of birth of the child, on the recording of the adoptive parents (adoptive parent) by the parents (parent) in the record of the birth certificate.

The statement of claim must be accompanied by:

a copy of the birth certificate of the adoptive parent, if he is not married;
a copy of the marriage certificate, if the adoptive parents are married;
the spouse's consent to adoption if his partner is going to become an adoptive parent;
medical report on the health status of the adoptive parents;
document confirming income;
a document confirming the right of the adoptive parent to live in an apartment or house where he intends to bring the child;
certificate of training in school for adoptive parents (if necessary);
document on the registration of the adoptive parent in this status.

7. Take your child home

The decision of the court comes into force 10 days after its adoption. However, in some cases, a copy may be issued immediately after the meeting. With this document, as well as with passports, the adoptive parents can pick up the child from the institution where he lives.

8. Register the adoption at the registry office

With a court decision that has entered into force, you need to contact the registry office at the place of residence or the court session. You must attach to the document:

adoptive parent's passport (or passports, if there are two of them);
birth certificate of the child.

This can be done in person or through "".

The registry office will issue a certificate of registration of adoption and a new birth certificate, if it needs to be amended by a court decision.

When can an adoption be canceled?

The child himself can demand the cancellation of adoption if he is over 14 years old, his adoptive or biological parents, the guardianship authorities or the prosecutor. Social services will intervene in the RF IC, article 141. Grounds for canceling the adoption of a child, if the adoptive parents do not fulfill their duties, abuse their rights, are sick with alcoholism or drug addiction, or abuse the child.

Cancellation of the status of adopted children after they reach the age of majority is not allowed. An exception is when the child himself, his adoptive and biological parents agree to this, if they are alive, capable and not deprived of parental rights.

What other forms of arrangement in a family are there?

Adoption is not the only way to take a child into a family. There are others.

Guardianship and guardianship

We are talking about the same phenomenon, only the first concerns children under 14 years old, and the second - from 14 to 18. This status gives the right to raise a child and represent his interests. Guardians and trustees are obliged to control how the property of children is used, so that it is safe, but they themselves have no right to dispose of it.

Guardianship and trusteeship are usually carried out on a gratuitous basis. At the same time, money is paid for the maintenance of the child, compensation for the costs of housing and communal services. The guardian or trustee can be one person. In rare cases, these are two spouses.

Foster family

This is the same guardianship or guardianship, only the foster parents are still paid remuneration. There can be no more than eight children in such a family - including biologically relatives.

Foster care

Not available in all regions. This is guardianship or trusteeship on a reimbursable basis, like a foster family. Only an agreement on this is concluded for a period of three months to a year. Foster care is used if other forms of placing a child in a family are impossible.

Things to Remember

The adoption process looks simple on paper; in life, everything is much more complicated. This may not be so bad, as potential parents have time to test their motivation and confidence in action.
There are other ways of placing a child in a family, in which the state will share some of the costs with you. You should not discount these options, especially if the child is already an adult and the secret will not come out of his adoption. Just weigh the pros and cons.