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When adopting or registering guardianship, a citizen has the right to receive reliable information about the health status of a minor. To do this, the child undergoes a medical examination. The results of the examination are provided to the court and the guardianship department. The inspection process is established by law. Let's look at how to obtain a medical certificate for a child being registered for adoption.
Medical commission on the health status of a child for adoption
In accordance with Art. 272 of the Code of Civil Procedure of the Russian Federation, a medical report on the state of health of the child must be attached to the list of documents for the adoption claim. The document must contain information about the mental and physical development of the child.
- A medical report for the child is included in the list of documents that must be provided by the guardianship department at the child’s location. It must be accompanied by a statement from the adoptive parent stating that he is familiar with the health information.
- When adopting a child, your wife will have to undergo a medical examination independently. But not because the guardianship department will refuse help, but because visiting the clinic with strangers will be stressful for the child.
- If adoption is formalized in relation to a ward, the guardian must bring the child to the hospital at the right time. But a specialist from the guardianship department receives a medical report and submits it to the court.
- When adopting a child of a wife from her first marriage, the family independently undergoes a medical examination, receives a conclusion and submits it to the court.
Note! If before the adoption the child was under guardianship in the family, the court may require a medical report from the guardian. This is not true. The guardian is obliged to bring the ward to the clinic for a medical examination, but is not responsible for providing the conclusion to the court.
Let's summarize. If a family adopts a child from an orphanage, the medical report is submitted to the court by the guardianship department. Adoptive parents do not participate in the medical examination.
How to obtain certificate 164/у-96?
It is impossible to issue a certificate in one day, or you will have to spend at least a whole day. You should start your registration at the registration desk of your district clinic, where you will receive your outpatient card. Next, you need to visit the following doctors:
- therapist;
- infectious disease specialist;
- phthisiatrician;
- psychiatrist;
- oncologist;
- dermatologist;
- neurologist;
- expert in narcology.
Above is a basic list of doctors whose opinions will be required for registration.
If you want to get examined as soon as possible, you can use the services of private clinics. Make sure in advance that the clinic has coupons for the day you need.
It is necessary to start going through doctors with a visit to the therapist. Based on the data from your outpatient card, he will give you directions for the required tests.
Medical examination for the adoptive parent
Citizens who meet established health requirements can become candidates for adoptive parents. Decree of the Government of the Russian Federation of 2013 No. 117 establishes a list of diseases due to which a citizen will not be able to accept a child into a family.
No. | Name of the disease | Peculiarities |
1 | Respiratory tuberculosis | Observation group I and II |
2 | Oncological diseases | Stages I and II before radical treatment of III and IV of any localization |
3 | Behavioral and mental disorders | Until the end of the dispensary registration |
4 | Drug addiction, substance abuse, alcoholism | Officially diagnosed |
5 | Disability group I | |
6 | Infectious diseases | Until the end of the dispensary registration |
7 | HIV | Viral load, CD4+ lymphocyte level less than 350 cells/ml; clinical examination less than 1 year |
Additionally, a list of socially significant diseases and a list of diseases that pose a danger to others have been established. It is enshrined in Decree of the Government of the Russian Federation of 2004 No. 715. If the candidate has one of the listed diseases, the guardianship department will refuse to issue an opinion on the possibility of becoming a candidate for adoptive parents. Moreover, it will not be possible to challenge such a refusal in this situation.
Example. Citizen B. went to court to challenge the refusal to become an adoptive parent. The reason for the refusal was a medical report. As it turned out, citizen B. was registered at the dispensary for an infectious disease (hepatitis B). The woman explained that she has been registered for a long time, follows all the doctor’s recommendations, and does not pose a danger to others. But the court assessed the evidence provided and rejected the claim (Decision of the Sovetsky District Court of Kazan, Republic of Tatarstan dated February 21, 2020 in case No. 2A-10293/2019).
At the same time, from 2021, citizens with HIV are allowed to adopt children into their families. But only if the child has a similar diagnosis or previously lived in the adoptive parent’s family.
Form 164/у
The candidate can undergo a medical examination at the clinic at the place of attachment. The examination is carried out free of charge. If desired, a citizen can go to a paid medical clinic. But you need to see a psychiatrist and narcologist at a state clinic or at a regional psychoneurological dispensary.
The result of the examination is drawn up according to form 164/у. The document includes the following information:
- date of execution of the conclusion;
- name of the medical organization;
- an indication of the guardianship department to which the conclusion is drawn up;
- last name, first name, patronymic of the candidate;
- floor;
- Date of Birth;
- address of permanent and temporary registration;
- a note on the detection/non-detection of diseases that prevent the possibility of becoming an adoptive parent;
- signature of the chairman of the medical commission;
- seal.
Sample form
The document is valid for 6 months. If the conclusion about the possibility of being an adoptive parent is still valid, but the medical certificate has ceased to be valid, then before the court you need to go through the commission again. The court will refuse to establish the adoption if the certificate is overdue.
The process of contacting a medical organization
A candidate for adoptive parents applies to the registry of a medical organization, where a form is selected (or filled out) for him.
. After this, the candidate is sent to a general practitioner or to a paramedic (if he is assigned certain functions of the attending physician in the manner established by Order of the Ministry of Health and Social Development of the Russian Federation dated March 23, 2012 No. 252n “On approval of the Procedure for assigning to a paramedic, midwife the head of a medical organization, when organizing the provision of primary health care and emergency medical care, of certain functions of the attending physician for the direct provision of medical care to the patient during the period of observation and treatment, including the prescription and use of drugs, including narcotic drugs and psychotropic drugs ").
A general practitioner (or paramedic) issues referrals for examination by medical specialists, laboratory and radiographic studies. List of medical specialists and studies determined by Order of the Ministry of Health of the Russian Federation No. 290n:
- examination by a general practitioner (precinct general practitioner, shop general practitioner, general practitioner (family doctor));
- carrying out the Wasserman reaction (RW);
- molecular biological blood test for hepatitis B virus;
- molecular biological blood test for hepatitis C virus;
- determination of antibodies of classes M, G (IgM, IgG) to the human immunodeficiency virus HIV-1 (Human immunodeficiency virus HIV 1) in the blood;
- determination of antibodies of classes M, G (IgM, IgG) to the human immunodeficiency virus HIV-2 (Human immunodeficiency virus HIV 2) in the blood;
- fluorography of the lungs or x-ray examination of the lungs;
- examination by an infectious disease specialist;
- examination by a phthisiatrician;
- examination by a psychiatrist-narcologist;
- examination by a psychiatrist.
Lawyer's answers to private questions
I want to adopt my wife's daughter from her first marriage. Does my child need to undergo a medical examination?
Yes. She must undergo a medical examination to obtain registration form 160/у. Without it, the court will not make a decision.
I have 2 boys under my care. I want to adopt them. Who should pay for their pre-trial medical examination: me or their guardianship?
In this situation, it is not necessary to undergo examination. The guardianship department can provide the court with form 160/у from the personal file of the wards.
Where should I go to get my child an independent examination?
To the guardianship department.
I want to adopt a boy. But there are doubts about his state of health. If you order an independent examination, who pays for it?
Candidate for adoptive parents.
How much does it cost to make honey? Is there a fee for the certificate and how long is it valid?
If honey The conclusion is needed urgently, that is, it is possible to order the document for a fee. The entire procedure will take no more than 2-3 days.
Required for private medical care. the center will provide the following documents:
- passport;
- certificates from district dispensaries - from a narcologist and a psychiatrist;
- test results.
They will create a card at the reception of a private medical institution and ask you to do a fluorography and go through all the specialists according to the mandatory list, on a first-come, first-served basis.
The medical commission formalizes its decision in a protocol with the completion of a conclusion form. The cost of services for obtaining certificate 164/у-96 is approximately 5 thousand rubles. The validity period of such a document is 6 months, and is counted from the date of signature by the head physician.
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Diseases that are a contraindication for guardianship and adoption
In accordance with the order of the Russian Ministry of Health dated June 18, 2014, a number of diseases are identified on the basis of which adoptive parents may be denied adoption.
The following pathological conditions may interfere with guardianship and adoption:
- tuberculosis stage II, III;
- diseases associated with the possibility of infectious infection - hepatitis, AIDS, etc. If there is at least some hint of the possibility of the existence of such a disease, all family members will have to be checked by an infectious disease specialist;
- psychiatric disorders, codes according to ICD -0, that is, according to the international classification of diseases and related health problems, 10th revision;
- substance abuse, alcohol, drug addiction;
- development of a cancerous tumor, oncological diseases of III, IV degrees;
- disability of I, II groups.
What are the differences between guardianship and adoption?
There are two main ways to take a child into a family - guardianship and adoption. People often think that these are the same thing, but in fact they are two completely different procedures.
Factors that help distinguish adoption from guardianship:
Definitions | Adoption | Guardianship |
Authorized body for registration of status | Court. | Guardianship and trusteeship authorities. |
Rights of a child in the family before and after adulthood | The child is a parity member of the family with the right to inheritance. | A child can stay in a foster family until he reaches adulthood, after which he is a free citizen of the Russian Federation. |
Goals | Creating a full-fledged family for a child left without parental care. | Providing conditions for a full life and development of a child until he becomes an adult and can provide for himself. |
Financial component | The child is supported by the adoptive parents. | A benefit is paid from the state for the maintenance of the child. |
Control | The child's living conditions are checked only for the first three years after adoption. | Checks are carried out regularly until the child turns 18 years old. |