The procedure for adopting a child from a maternity hospital or orphanage

Motives for adopting a baby

There can be a lot of motives that encourage adoption, and among them are not only the ideas of bored ladies, but also difficult life situations . Here are some of the motives:

• a woman, due to illness, cannot give birth to a child herself and wants to please her husband so that he can feel like a father;
• the husband and wife really both want to make the orphan from the orphanage happier;
• the ambitions and wounded pride of people who themselves cannot have children;
• the desire to raise someone who could take care of old parents later, when weakness sets in;
• a young daughter gave birth to a baby, and her parents want to keep him in the family, but so that the daughter’s reputation does not suffer, they themselves want to become the parents of their own grandson;
• relatives want to give children who have lost their closest relatives for any reason shelter and care;
• wealthy people want to raise a successor, an heir to their wealth, etc.

The easiest way is to adopt a very small child who does not yet have any memory, skills, or habits, but a little one from whom you can mold a character as you wish - this is what most people who want to become parents think.

What are the requirements for parents if they want to adopt a baby?

A baby is a very fragile little person, unadapted to our environment, and requires a lot of attention and almost all the time of a person who calls himself a mother, and the help of her husband - a new father.

The requirements for adoptive parents of infants , in principle, are no different from the requirements for adoptive parents of older children. So what you need:

1. the age of majority of both sexes;
2. availability of housing of sufficient space;
3. security of work and livelihood;
4. no criminal record for crimes related to sexual misconduct, or an outstanding conviction for serious crimes;
5. good health - both physical and mental;
6. they should not be deprived of parental rights, or adoptive parents who have already tried to take on the upbringing and returned children, or guardians who have been deprived of this title;
7. absence of bad habits;
8. the age difference with the child must be at least 16 years;
9. lack of US citizenship (and possibly other countries where same-sex marriage is allowed).

The state of health will have to be clarified by passing a medical examination at a medical institution.

Where are the databases of babies for adoption?

Each of the institutions where children are located creates a questionnaire for everyone who has become a pet of the institution. Be sure to have a photograph, or even better, several, and a brief description of the character, main features, and personality traits.

The completed questionnaire is sent to the guardianship authorities, from there to the regional data bank and then to the federal one. At the same time , each of the potential parents needs to be aware that the description and characteristics should not be trusted too much .

It’s not that the creation of a questionnaire is treated superficially - no, it’s just that a baby, having been there for a short time, cannot immediately show all his sides of character and disposition, and if this is a baby, then what kind of character and its characteristics can we talk about? It's more like an advertising brochure.

Databases of babies for adoption are available in the guardianship authorities, in the regional or federal data bank.

Rights and responsibilities of future parents

The candidate has the right:

• obtain complete information regarding the child and whether he has relatives;
• conduct a medical examination of the child (under the supervision of an employee of the institution where he lives).

The candidate must:

• get to know the chosen child;
• get acquainted with his documents;
• obtain information about the child's condition.

If after the meeting, the potential parents do not agree to the proposed child, the search will continue.
In another case, documents are submitted to the court to begin the adoption process. How to draw up a marriage contract in Yaroslavl in 2021

How to adopt from a maternity hospital? (step-by-step instruction)

A considerable part of those who want to become parents certainly want to take the newborn straight from the maternity hospital, and this option is possible if the unfortunate mother writes a refusal of the child. There is always a waiting list for abandoned babies , so when you decide to take a baby, you need to prepare mentally and documented.

The actions of future adoptive parents are as follows::

1. contact the PCA (guardianship and trusteeship authorities) to register in the queue for a conscientious objector from the maternity hospital;
2. Receive referrals for a medical examination from the Department of Public Health (there are special forms for this);
3. according to the list issued by the PLO, prepare the entire package of documents;
4. When everything is ready and it’s your turn, you should go to the OOP in full readiness to receive approval for adoption.

A special commission will visit the home of candidates for parents to ensure that there is a decent level of provision with living space and conditions for raising a child. Within approximately two weeks after reviewing the documents, a final answer will be received, and after a signal about the presence of a refusenik in the maternity hospital, it will be possible to continue the registration through the court .

submit an application to the court at the location of the maternity hospital , the same certificates will do (if three months have not passed, then you need to collect it again). Adoptive parents are exempt from paying state fees, so they do not need to pay or attach a receipt. An official document from the PLO indicating their consent and approval will be needed.

Despite the fact that the duration of the trial is, according to the rules, within 2 months, when the adoption concerns a newborn, the court makes a decision very quickly. To make things move even faster, you need to ask the court to apply the decision for immediate execution . If you do not do this, you will have to wait 10 days until the court decision comes into force.

By decision of the court, the baby can be taken away immediately, and the maternity hospital must issue a postpartum sick leave from the date the decision enters into legal force until the baby reaches the age of 70 days, and the registry office must be contacted to obtain documents for the baby .

Suggested sample application to the court: Form

Reasons and features of child abandonment

Our country provides a special procedure and specific reasons for abandoning children immediately after their birth. This process has one peculiarity.

From a legal point of view, abandonment of a child by a mother is impossible. She is not deprived of parental rights, but temporarily leaves the newborn in state care or consents to the adoption of the baby by other people.

The reasons for such an act may be different. Often financial difficulties become the main obstacle to happy motherhood.

Abandoned children in maternity hospitals are often left alone due to congenital diseases and disabilities. Young parents are afraid to take responsibility for raising such a child or understand the financial burden they will have to bear. In most cases, such children remain in maternity wards.

Another common reason for refusal is pressure from relatives, for example, if a child was born out of wedlock. Pressure from a man who does not want to become a father can also influence a mother's decision to refuse.

The process of adoption from a baby home

As for adopting a baby from home, the process has the same sequence and principles as when adopting from a maternity hospital. But in the orphanage there are babies of all ages , facial features have already formed, the color of the eyes and hair has been established and developed. It is understandable that future parents want to choose the child they like, the desired gender and age.

After the candidates are approved, the PLO will be given special permission to visit the orphanage , where you can preview the database, and then get to know the little person who needs a family.

If it suddenly turns out that it is not possible to select a child based on the image formed in your thoughts, you can contact nearby orphanages located in neighboring cities and towns, where you can contact with a conclusion about the possibility of becoming adoptive parents.

Having studied the information about the children, their data in the card index in the database, you should look again and again, get to know each other until your heart skips a beat.

Then the court located at the location of the children's institution, at the request of the adoptive parents, with the participation of representatives of the public educational organization, having examined all the documents, will most likely make a positive decision within the period established by law, after which, with a copy of the court decision, it will be possible to take the chosen lucky one home .

In the registry office, after the adoptive parents apply, changes will be made in the birth registration book regarding the child’s last name and patronymic, and a new birth certificate will be issued.

If a child is taken from an infant home, when writing a statement of claim to the court, you should be properly prepared so that in the part not descriptive, but below, where all the requirements for the court are indicated, you do not forget anything important, since the court will consider exactly that angle of adoption , which is indicated after the words “We ask the court...”.

If a desire is not expressed to change the surname, patronymic, even the first name (this is possible if the child is still at a tender age), then after the trial nothing can be done within the framework of the current legal proceedings ; a new process will be required, entailing the expenditure of money, time and nerve cells.

Lawyer's answers to private questions

Can a single woman become an adoptive parent?

The law does not limit the right of single citizens to be adoptive parents. Therefore, a single woman can also apply to become a candidate adoptive parent. The main thing is that it meets the established requirements.

I am a volunteer at an orphanage. I want to adopt one of my pupils. But the head doctor says that she cannot be taken into the family, and does not explain the details. Is it possible to adopt any child from an orphanage or is it impossible to adopt any of the children?

In orphanages there are children undergoing rehabilitation from disadvantaged families and families in difficult life situations. Some children are undergoing treatment. In addition, some children cannot be adopted because the parents have not yet been deprived of their rights. The head physician cannot provide information about all students. Information is provided only to candidates and about those children with whom a referral has been issued.

What documents are needed for adoption in both cases?

The list of documents for registration of adoption is uniform, and it consists of the following official documents :

1. application to the PLO;
2. copies of passports;
3. certificate of medical examination;
4. income certificates of both parents, if this is a family;
5. written consent of the second spouse, if one representative of the couple acts as the adoptive parent (notarized);
6. an act on the results of a survey of housing conditions by the commission;
7. act on the results of a survey of the housing conditions of the POO;
8. characteristics from the place of work;
9. extract from the house register;
10. extract from personal account;
11. certificate of no criminal record.

The most serious problem is a medical certificate, consisting of a whole range of examinations . It will be necessary to exclude not only syphilis and HIV, AIDS, but also tuberculosis in any form, and oncological problems. Sometimes they are asked to provide information about the status of their current bank account or write an autobiography.

More details about the required documents are written here.

If you are going to get married, then you will need an article about a marriage contract and an article about changing your last name after marriage.

The Mystery of Adoption

In order for the child to consider himself a relative and relationships in the family are not complicated by the fact that the adopted child found out about his appearance in the family, the Criminal Code of the Russian Federation contains Article 155, according to which the secrecy of adoption must be respected .

The circle of people aware of this scrupulous legal procedure cannot be called narrow: these are employees of the PLO, orphanages, and courts. To eliminate the human factor and the danger of disclosure, the law allows you to change not only the child’s full name, but also the date of birth, and even the place of birth . The difference in time between the actual and fictitious dates of birth should not exceed three months.

Of course, the secrecy of adoption makes sense when they take a baby from a maternity hospital or a baby home , but if they take a child from an orphanage who already remembers a lot and realizes that these are not the people who gave birth to him, then there is no point in creating a halo around the fact of adoption mystery.

How to find a child for adoption?

The next stage is the selection of a child's candidacy.
Statistics show that 90% of adoptive parents want to accept a child under 5 years of age into their family. Moreover, at least 50% of adoptive parents want him to be an only child (without brothers and sisters). In this regard, difficulties arise in selecting a child for adoption. Since the choice of children aged 0 to 5 years with a satisfactory state of health is limited, it is advisable to independently take measures to select a child, rather than rely on the guardianship department.

You can find truthful and up-to-date information about your child:

• from a regional or federal data bank operator;
• from specialized funds;
• in the guardianship departments.

Don't pay attention to websites on the Internet. The information posted on social networks is, in most cases, long outdated. And the placed children have been raised in the family for a long time. Also, do not turn to thematic forums for help. By agreeing with a pregnant woman to “purchase” a child, adoptive parents commit a crime under the Criminal Code. In addition, there is a high probability of becoming a victim of scammers. A mother may ask for money for treatment, food, examination, but subsequently refuse to hand over the child to adoptive parents. It is impossible to punish her for this, because by entering into an agreement with her, the adoptive parents themselves commit a crime.

Therefore, when searching for a child, it is recommended to give preference to legal methods of selection.

Data banks

In each subject of the Russian Federation there is a regional bank for orphans. This is a database of all children in the region who need a device.

All information from regional banks is sent to the federal data bank. You can obtain information about children directly from the federal operator and on the website Usynovite.ru.

The disadvantage of this service is the low relevance of the information. As a rule, information enters the data bank when a referral has already been issued from the guardianship department or a regional data bank to meet the child.

To receive more up-to-date information, you need to register with the data bank in order to receive a notification when new information arrives. In some regions, you can register using the State Services portal.

Funds

There are many foundations in Russia that assist in the family placement of orphans.

Among them:

• Volunteers to help orphans;
• Give good.
• NGOOU Stork Day.

As a rule, funds provide assistance in the placement of children with special health conditions or families with 2 or more children. Charitable organizations not only provide assistance in selecting a child, but also accompany the family at the adoption stage and after it.

Guardianship departments

The most up-to-date information about children in need of placement can be found in the district guardianship departments. To obtain information, you need to visit the department in person and submit an application to register as a candidate adoptive parent.

Benefits for adopted children

Adopted children are treated like relatives, therefore the laws of the Russian Federation provide for payments for adoptive parents in the same amounts and terms as for parents in ordinary families - sick leave if the child is taken from the maternity hospital, benefits until the child reaches the age of 1.5 years, etc. .

Adoptive parents can receive a lump sum benefit if they apply within 6 months from the date of the trial (from the actual date of adoption), but not a day later. In 2015, this benefit, paid one-time, amounts to 14,497 rubles.

Rights of adoptive parents

The rights of adoptive parents and adopted children are contained in the provisions of the Family Code. According to current laws, adoptive parents are equal to biological rights, and adopted children are equal to natural children. So there are no restrictions. However, there are a few additional nuances that are worth keeping in mind.

Adoptive parents can change the child's name, date and place of birth, as well as citizenship. The latter is relevant when babies are adopted by citizens of another state. It is worth noting that adoptive parents are required to provide reports on how the minor is developing, how he is treated, and so on. It is allowed that OO&P employees themselves will come to the site to make sure that the baby is growing normally and is being treated well. The law allows you not to warn adoptive parents about the upcoming visit. Thus, it is likely to cancel the adoption procedure if the following violations are revealed:

• inadequate child care;
• the use of force or other methods of discipline that may disrupt the normal physical or mental development of a minor;
• identifying bad habits in adoptive parents, except smoking.

The process of canceling an adoption occurs through the court. It is similar to deprivation of parental rights.

Family Code of the Russian Federation

Important! Adoptive parents whose child has been taken away cannot apply for adoption again. However, they are required to pay child support to the state to provide for minors until the child turns 18 years old. Collection occurs through bailiffs if citizens refuse to pay on their own.

Since adoptive parents are considered equal to biological parents, they enjoy the same privileges:

• receiving a lump sum payment for adoption;
• registration of maternity capital;
• monthly payments up to 1.5 years.

It is worth noting that it will not be possible to register as low-income. If the family income is small, then no one will allow you to take the baby into the family. When parents decide to foster a disabled person, they receive increased payments. When an infant has a brother or sister, increased benefits are provided upon adoption of both.

Adoption and foster care are important - these are different phenomena. The first assumes that the child becomes a relative by law and has the right to become an heir. He does not know that he was taken from the baby's home, unless the parents themselves decide to reveal the secret. Adoption into a family for upbringing means that a minor is temporarily transferred to the family for upbringing. Upon reaching 18 years of age, he becomes a stranger to the adoptive parents who raised him and has no right to inheritance. Moreover, parents are paid a certain amount from the state, since raising children is considered work.

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