The key difference between guardianship and a foster family is that an agreement is concluded with the foster parent, which reflects the procedure for placing the child in foster care, including the conditions for calculating wages. Guardianship is appointed by order of the local administration. There is no salary for guardianship; guardians are paid child benefits.
IMPORTANT!
Foster care and adoption are completely different concepts. Upon adoption, parents receive a full range of rights and responsibilities, equal to those of blood. A foster family (hereinafter referred to as FS) is one of the types of guardianship; the rights and obligations are determined by the terms of the agreement on the transfer of a child to a foster family.
Wage
The guardian's salary is a monthly payment for the adopted child. The amount is determined by the terms of the foster family agreement (hereinafter referred to as FSA). And if a citizen is unemployed, then the period of raising an adopted child is counted in the insurance period and is taken into account when assigning a pension.
Regional authorities independently establish the procedure for determining the size of a parent’s salary from the PS. Salary depends on:
- region of residence;
- age of children adopted;
- number of children accepted;
- children's health status.
If a dependent has health limitations, for example, a disability, then the parents will be awarded an increased allowance for an adopted child in 2021. For example, in Moscow, for a disabled minor, the amount of payments increases to 70%.
If only one child is accepted into the PS, then the salary should be assigned to only one of the parents. If three or more children are taken into care, then earnings are assigned to each parent, for each child registered in the PS.
Average values of guardian salaries in Russia:
| Age and category of the child | Family has up to 3 children | Family has 3 or more children |
| Up to 12 years | 16,500 rub. | 19,800 rub. |
| From 12 to 18 years old | 22,000 rub. | RUB 25,300 |
| Disabled child | 27,500 rub. | 27,500 rub. |
For example, in Moscow, the allowance for foster children under 12 years of age is only 16,500 rubles per month, if only one child is accepted into foster care. If there are three children at once, then for each of the children they will assign an average of 19,800 rubles per month, and for each parent.
Court decisions
Apartment disputes: eviction of a family member
Article - fraud: how to get rid of unfounded accusations?
They planted drugs at a disco
Divorce: how to divide property so that everyone is happy
Penalty from the developer Dalpiterstroy
Cheating in a beauty salon
Cash benefits
In addition to salaries, foster families have the right to receive all types of payments for children. All child benefits and payments for an adopted child in a family in 2021 are in the table:
| Name | Payment amount | Conditions of receipt |
| One-time payment when placing children in foster care | RUB 18,004.12 | The value is established for all categories of parents, guardians and trustees. |
| Maternal capital | Depends on the baby’s date of birth and the order of appearance in the PS: For children born from 01/01/2020, they will pay 466,000 rubles. for the first dependent and plus 150,000 for the second. If the baby was born before 01/01/2020, the amount of maternity capital for the second is 616,000 rubles. | Please note that a foster family has the right to use maternity capital only in agreement with the guardianship and trusteeship authority. |
| Care payments up to 1.5 years | 6,572 rubles per month for the unemployed and female students, or 40% of the average earnings for the employed. | Not only the guardian mother, but also the father has the right to receive a monthly care allowance. Workers receive benefits through their own employer. The unemployed receive payments from social security and the MFC. |
| Presidential benefits | 100% of the regional subsistence level for children under 3 years old (on average 11,000 rubles). Instructions for registration | Those parents whose income does not exceed twice the subsistence level in the region, established for the second quarter of last year, are entitled to receive funds. |
| 50% of the regional subsistence level for children from 3 to 7 years old (on average 5,500 rubles). Instructions for registration | Adoptive families whose income does not exceed a single subsistence minimum in the region, established for the second quarter of last year, are entitled to receive payments. | |
| Coronavirus supplements (apply for payments before October 1, 2020) | 15,000 rubles for a child under 3 years old Instructions for registration | The bonus is assigned at 5,000 rubles in the period from April to June 2020. The amount is allocated to all children - Russian citizens living in the Russian Federation. |
| 10,000 rubles per dependent from 3 to 16 years Instructions for registration | For children aged 3 to 16 years, a one-time additional payment is assigned due to coronavirus. Parents from a foster family living in the Russian Federation have the right to apply for additional payment. | |
| 10,000 rubles for children from 0 to 16 years old Instructions for registering for an adopted child | Additional one-time surcharge for children, citizens of the Russian Federation living in Russia. The payment will be transferred automatically, without submitting applications. Recipients are the same people who applied for benefits before age 3 and before age 16. | |
| Disability pension | 13,454.64 rubles per month | On the question of how disability rehabilitation is paid for adopted children. In addition to the increased salary, a parent from a foster family has the right to apply for a social pension for a disabled child or a disabled person of group I since childhood. |
| Survivor's pension | Social pension 5,606.15 rubles - for the loss of one parent; 11,212.36 rubles - if the baby is an orphan. | In some cases, the social pension is replaced by an insurance pension. For example, if the deceased parent has significant experience for a pension. The amount of the survivor's insurance pension is 50% of the deceased's pension. |
| Alimony from capable parents | The value is set individually | Naturally capable parents, limited or deprived of parental rights, are required to pay child support. Even if the offspring is placed in a foster family. |
IMPORTANT!
We recommend that you make payments online; to do this, submit an application to the Unified Identification and Information System “Gosuslugi”. A verified account is required!
Is it possible to adopt a child after foster care?
Often, the guardianship sooner or later has a question about whether it is possible to adopt the ward. The law allows such practices. However, the issue of adoption will be decided by the court. To adopt a child, a guardian must collect and provide the court with a list of documents provided for in Chapter 19 of the Family Code of the Russian Federation.
As practice shows, courts easily agree to adoption by guardians of children under guardianship. From the age of ten, the adoption consent of the person being adopted is also important. During the court hearing, the judge asks the child if he understands what is happening and if he agrees to the adoption.
What guarantees and benefits are there for adoptive parents?
In addition to direct payments, the state provides social assistance to families with adopted children. These are guarantees, benefits and compensation. Their value is set at the regional level and depends on the financial situation of the constituent entity of the Russian Federation.
Types of assistance to adoptive families:
- Tax deduction for personal income tax, benefits for land and property taxes. Deduction when buying a home.
- Labor guarantees: additional vacations, rest at convenient times, paid days to care for a disabled person.
- Free meals in school canteens.
- Providing school uniforms at the beginning of each school year.
- When the ward reaches the age of majority, he is guaranteed a subsidy for the purchase of housing, if the minor does not retain the right to housing of deceased blood parents.
- Compensation for housing and communal services and other benefits established at the regional level.
- Free trips to health camps or compensation of their cost up to 100%.
IMPORTANT!
We recommend that you check how much foster parents receive for one child at the territorial department of guardianship and trusteeship at the place of residence of the foster family. You can obtain information about generally accepted benefits and compensation from the MFC, social protection authorities, and local administration.
Differences in rights and responsibilities
There are differences between foster parents and guardians. Tighter and more sensitive control is exercised over representatives of the wards. It is possible that any actions may be challenged after guardianship is accepted.
Examples of prohibitions and instructions:
- The legal representative cannot prohibit the child from contacting his relatives. An exception is the illegal retention of a person under guardianship by relatives. In this case, the ward can be forcibly taken away.
- The guardianship authorities provide the commissioner with advice on the upbringing and maintenance of children. At the same time, he has the right to decide for himself what to do in this situation. In any case, all actions must be performed in the favor and interests of the junior.
- The rights are the same. Except for less money received by the adoptive parent.
- A guardian can have one ward, while foster parents can have up to eight (except for brothers and sisters, who cannot be separated).
Where and how to apply for payments and benefits
The procedure for applying for a payment for an adopted child depends on the category of additional payments:
- The one-time payment and salary of the foster family will be issued only at the guardianship and trusteeship department at the place of residence. The amount of salary payments will be specified in the agreement on the transfer of a dependent to a foster family.
- Apply for maternity capital, pensions, coronavirus and presidential payments at the MFC or Pension Fund. We recommend that you apply electronically, for example, through the Unified Identification and Information System “Gosuslugi”.
- You will receive a care allowance for up to 1.5 years from your employer if the maternity leave is issued by an employed mother (father). Or in the social welfare authorities, if the parent does not work.
- You will receive tax benefits from the Federal Tax Service or from your current employer.
- Compensation for housing and communal services in social security or MFC.
- Labor guarantees are provided by the employer.
- Free food, uniforms and health improvement - in the territorial department of education or in the guardianship authorities.
IMPORTANT!
We recommend that you check for yourself what benefits and payments for foster families are established in your region. Contact the MFC, local administration or guardianship department for advice.
Customer Reviews
Gratitude from Antonov Arkady I, Antonov Arkady Shanobich, turned to the Legal Agency of St. Petersburg for help due to the fact that when concluding an agreement for spinal treatment with Medstar, I was actually deceived in the cost of treatment and more. During the process of drawing up a treatment contract with me, no one explained to me that the treatment would be carried out using credit funds; the amount of treatment was constantly changing. My requests to be given longer time to familiarize myself with the procedures and consultations at their price list were refused. That is, there was actually pressure on the client. At home, when I carefully read the entire document, I realized that I had actually been deceived about money and treatment time. On October 30, 2018, I applied for legal assistance from the Legal Agency of St. Petersburg regarding the termination of the contract for treatment at Medstar and the termination of the loan agreement from Alfa-Bank. My case was handled by Denis Yurievich Stepanov, all issues were resolved very quickly and I was informed about all situations. I would like to thank Stepanov D.Yu. and all lawyers who work in this agency.
November 21, 2021
Gratitude from N.A. Uvarova I express my deep gratitude to lawyer Sergei Vyacheslavovich for his attitude towards me and my question. There are no words to describe the feelings of gratitude for the professionalism shown and the greatest human sympathy and understanding! All the best to you! Health, success in work and long life!
Thank you very much! Sincerely, Nadezhda Anatolyevna Uvarova, 07/25/2019
Customer Feedback We thank the employees of Legal Agency of St. Petersburg LLC and, first of all, Yana Maksimovna Matveeva and Andrey Valerievich Ermakov for their highly qualified and thorough consideration of our issue and the prompt solution to our housing problem.
Also to Daria Valentivna Kutuzov for her attentive and friendly attitude towards visitors.
Gratitude from Komardin I ask you to express my gratitude to lawyer Alexander Viktorovich, who competently and clearly explained to me my further actions to solve the problem that my relatives found themselves in.
02/11/18 Komardin S.I.
From Pravikovskaya N.B. I express my gratitude to the staff of the legal consultation: Andrei Valerievich and Dmitry Konstantinovich, who helped me resolve the unpleasant situation with the Pyaterochka store.
The issue was resolved in my favor without delay and quickly. They apologized to me and I received monetary compensation, all without lengthy litigation. Once again, thank you very much!
Feedback from Goncharova I, Venera Konstantinovna Goncharova, express my gratitude to Andrey Valerievich Ermakov, Yana Maksimovna Matveeva, Daria Vasilievna Kutuzova and the entire team. I would like to note that the work was completed within the agreed time frame and with good quality. They showed a professional approach and excellent organization of work. I would like to express my gratitude to the entire team for their high-quality work and wish you further development of your company.
Sincerely, Goncharova Venera Konstantinovna.
Gratitude from Gordeeva E.S. I express my special gratitude to Sergei Vyacheslavovich for his highly competent and detailed consultation on the issue of the employment contract.
Doctor of Philological Sciences, Gordeeva E.S. 12/01/2018
Gratitude from Volkova N.E. I express my gratitude to Vasily Anatolyevich for his professional and competent assistance in resolving the issue of protecting my consumer rights. As a result, I received decent compensation from. Thank you!
Volkova N.E. November 30, 2018
Gratitude from Marina Kuleshova I express my deep gratitude to Alexander Viktorovich Pavlyuchenko for his competent legal work and professionalism, as well as to his assistant Elena Vladimirovna for the qualified assistance provided. I wish you prosperity and achievement of professional heights.
Sincerely, Marina Kuleshova. 08/15/2018
Gratitude from Rusanova N.V. I sincerely thank Konstantin Vladimirovich Ivanov and Sergei Vyacheslavovich Mavrichev for the qualified information assistance provided in a friendly atmosphere of communication, as well as for providing the opportunity to obtain guaranteed legal support in the future.
Rusanova Natalya Viktorovna, Associate Professor of the Department of Russian Language and Literature of St. Petersburg Mining University.
Legal consequences
Upon adoption:
- the child is completely freed from responsibilities on the part of his relatives or parents;
- during adoption, personal non-property and property rights, as well as responsibilities, can be preserved based on the wishes of the mother, however, this applies to the case if the adoptive parent is a man, or in the opposite sense;
- the child can be renamed at the request of the adoptive parent;
- if the surnames of the adoptive parents are different, by generally accepted agreement the child is given the surname of one of the spouses;
- when the child reaches the age of 10 years, it will be possible to change the surname only after his consent;
- It is possible to change the date and place of birth of the child to ensure the secrecy of the adoption.
During guardianship:
- former guardians do not have the right to demand from former wards their maintenance in old age;
- the presence of a child under guardianship does not entail alimony and inheritance legal relations.
Requirements
There are no significant differences in terms of requirements.
These persons should not suffer from chronic mental illness, including being registered with a narcologist in connection with alcoholism or drug addiction. They must be adults with legal capacity. The main conditions include the absence of a criminal record. Of particular importance is the absence of convictions for crimes against family and minors.
The financial support of the child plays a significant role. Guardians and adoptive parents must have the financial ability to support the child and provide him with the necessary items. All of the above circumstances must be documented.
When agreeing on the procedure for candidates for guardianship and adoption, they are required to provide the relevant documents. These will be copies of personal papers, marriage certificates, documents on income, property ownership, and so on. These papers are studied and a decision is made on them.
Adoption
Chapter 19 of the RF IC establishes the main points of the adoption procedure in Russia. To adopt or adopt means to consolidate between the adoptive parent and the adoptee the same relationship that exists between natural parents and a son or daughter. This form of child transfer is recognized as a priority by the state. Potential adoptive parents have an advantage over citizens who claim exclusively the role of a guardian or trustee.
Important! You can only adopt a minor and only on the basis of a court decision. To do this, you must first go through the selection process of the guardianship service of the local administration, which will give an opinion on the possibility of assigning the person the status of an adoptive parent. The next step is to go to court with a corresponding application.
Adoption involves not only a strictly regulated procedure. This type of device has other specific features. Among the main distinguishing features are the following:
- the adopted child acquires the status of a full-fledged member of the family and receives all the rights and responsibilities that natural-born children have;
- even after reaching adulthood, a child who is adopted retains contact with his adoptive parents. In particular, this is manifested in the ability to inherit by law after the death of one’s patrons;
- the adoptive parent assumes responsibility solely on an indefinite and free basis;
- The institution of secrecy of adoption is enshrined at the legislative level. The applicant may wish not to disclose the background of their ward. To do this, it is allowed to change the surname, first name and patronymic of the adoptee, and in some cases even the date of birth.
