How to adopt a child from an orphanage? Not easy, but quite possible

The Russian Federation is a legal state where all legal relations between residents are regulated by current legislation. The provisions regarding parental rights, as well as the procedure for accepting other strangers into the family, are strictly established here.

Often young families come to the conclusion that they cannot have their own children, which is why they plan to resort to going to an orphanage and adopting the child into a family. In this case, it is necessary to consider in detail how to adopt a child (orphan) from an orphanage.

Who has the right to be an adoptive parent

In Russia, both citizens of the Russian Federation and subjects with foreign citizenship can adopt a minor child. Restrictions are provided only for citizens of the United States of America - they are legally prohibited from adopting Russian children.

Important. The list of requirements for candidates is enshrined in Art. 127 SK.

Subjects who meet the following criteria have the right to adopt a lonely child:

• age of majority, and as a general rule it is necessary that the person being adopted be at least 16 years younger than his patron;
• satisfactory physical condition, absence of severe chronic diseases;
• having full civil capacity.

These are the main conditions, without which you should not count on replenishing your family at all. At the same time, the board of trustees will also be sure to ask the applicant whether he has suitable living space, what his income is and whether he has completed the necessary training.

The legislator also emphasizes that a subject, regardless of gender, can submit documents and pick up a boy or girl from an orphanage. Adoption does not have to be carried out by spouses - unmarried persons also have a similar right. But if a couple wants to consolidate an official relationship with a minor, a registered marriage is required.

Note. One of the spouses also has the right to adopt a boy or girl on their own. In such circumstances, only the consent of the other partner will be required.

Orphanhood concept

A child can be recognized as an actual or social orphan. In the first case, he has no parents at all: they died, or the child has only a mother who died during childbirth or some time later, and the identity of the father is not established at all.

A child receives the status of a social orphan if his parents are deprived of such rights, abandoned them, are unknown, or are declared incompetent by a court.

A child who has received the status of an orphan does not officially have parental care, is not adopted and can be placed under the guardianship of third parties who meet legal requirements.

Who is prohibited from adopting children?

Sometimes the subject in any case does not have the right to become responsible for the upbringing of a minor. The limitation of this possibility is associated with the individual characteristics of the person, physiological and mental state, material and social characteristics.

In particular, the law prohibits giving children to a person:

• incapacitated, partially capable;
• deprived of parental authority or limited in such rights;
• deprived of guardianship powers or trustee status;
• suffering from one of the diseases or disorders from the List established by Decree of the Government of the Russian Federation No. 117 of February 14, 2013 (for example, alcoholism and drug addiction, malignant tumors, mental disorders, group 1 disability);
• without sufficient income (at least one subsistence minimum per person, taking into account the number of dependents after the family is replenished);
• does not have a permanent address, except for representatives of those nationalities of the Russian Federation for whom leading a nomadic, semi-nomadic lifestyle is considered the norm;
• convicted for crimes against life, health, sexual integrity;
• convicted of serious and especially grave crimes;
• living in a same-sex marriage;
• spouses, one of whom does not have full legal capacity;
• to the former adoptive parent, who in the past did not fulfill his duties in good faith.

In addition, subjects who have not completed training - special courses at the School of Foster Parents - will not be able to become legal educators. This rule does not apply to a close relative, stepfather or stepmother who decided to replace the adopted mother or father. By the way, other concessions are allowed in relation to the listed persons, for example, regarding the area of ​​occupied housing.

Note. According to paragraph 5 of Art. 127 of the Family Code, it is the relatives of a minor who have the priority right to take him into custody.

Stages of the registration procedure

1. The procedure for registering the adoption of a wife's child by a stepfather is quite lengthy. The first thing that needs to be obtained is the written permission of the blood (biological) father, who must fill out an application in the prescribed form and have it certified by a notary office.
   The photo shows an example of a document:
   Read also:  List of documents required to submit an application to the registry office
2. Next, the stepfather must collect the entire package of documents listed above. After collecting all the necessary papers, they are accompanied by permission from the biological father and mother. Together with the application, the entire package of documents is sent to the guardianship authorities at the child’s place of residence for consideration and making a decision on issuing an adoption permit.
   The picture shows the completed document:

3. After the documents have been studied, representatives of the guardianship council will definitely visit the stepfather’s house, have a conversation with him, with the child’s mother, and also examine the conditions in which they live.
   Basically, the trustee committee, without any problems, issues permission for the stepfather to adopt the spouse’s children.

   The guardianship commission does not particularly check the identity of the potential adoptive parent (stepfather), but at the court hearing the identity of the stepfather will be carefully considered and studied in detail.

4. If the decision of the trustee committee is positive, the documents and the statement of claim are transferred to the court.
   In the claim, the adoptive parent must indicate a request for his official appointment as an adoptive parent, and also give the right to change the child’s full name, etc. (the second paragraph refers to additional requirements and is optional).

General procedure for adopting a child

In order for a family to have a baby from an orphanage or baby home, you need to successfully go through several stages. The procedure is quite complicated, it involves contacting different authorities, preparing several packages of official documentation, and most importantly, establishing contact with the adoptee. The future adoptive parent will need:

• complete special courses;
• get permission;
• register with a special account;
• choose a future student;
• get to know the mentee;
• submit papers to court;
• record parental status in the registry office.

Important. If a boy or girl is taken for permanent residence outside the Russian Federation, the minor must also be registered with the consulate.

In any case, the procedure should begin by contacting the guardianship authorities, where the applicant will be provided with detailed advice and will be helped to draw up a list of necessary documentation, which is determined based on the circumstances of the particular case.

Contacting the guardianship authorities

According to paragraph 2 of Art. 125 SK, in order to adopt a child, you must first obtain a conclusion from the guardianship authority. First of all, officials will offer the applicant to undergo training at a school for foster parents. This is mandatory both for adoptive parents and for those who want to formalize guardianship or trusteeship. The average duration of the course is 50-80 academic hours, and the training itself is free.

Note. You cannot miss classes, otherwise you will have to make up for lost time with other groups.

You must then obtain permission to adopt. To do this, you need to submit an application and the required attachments to the social security department. Employees will check the applicant's living conditions. If all requirements are met, the person will be allowed to register as adoptive parents.

Child selection

If a citizen does not know who exactly he wants to accept into his family as a daughter or son, then he will be asked to familiarize himself with the regional and federal data bank.

Important. According to paragraph 2 of Art. 124 a minor who is left without parental care can be adopted. This category includes orphans, as well as boys and girls whose parents were deprived of parental rights.

Information that can be obtained through the electronic database:

• photo of the baby;
• character traits;
• physiological characteristics, presence of diseases;
• brothers and sisters (as a general rule, adoption of brothers and sisters by different persons is not allowed);
• reasons for lack of parental attention.

After choosing a suitable candidate, the guardianship authorities issue a referral to visit the minor.

Personal acquaintance with the child

The visit referral is valid for 10 days. Extension of the period is possible only in exceptional circumstances. The meeting with the potential ward takes place in the presence of a representative of the special institution where the adoptee lives.

During the visit, it is important to establish contact with the boy or girl, since the opinion of the future pupil is also taken into account. In addition, during a visit to the orphanage, the applicant has the right to examine all the documents of the minor, as well as initiate an independent medical examination.

If the adult and the child have found a common language, you need to inform the operator of the board of trustees that the choice has been made. From this moment on, information about the orphan is removed from the data bank.

Collection and submission of documents

Collecting documents is one of the most important stages in the entire process. The duration of the procedure itself depends on the completeness of the collected documentation package.

Note. It is better to immediately take all the papers in two copies, since they will be needed both by the guardianship authority and in court.

The list of documents required for adoption consists of:

• passport of a citizen of the Russian Federation or other appropriate identification document;
• marriage certificates, consent of the spouse - only for those who are in a marital relationship;
• medical certificate (valid only for 3 months);
• income certificates;
• certificates of ownership of residential real estate, extracts from the Unified State Register of Real Estate, social tenancy agreements or rental agreements for an apartment or house;
• confirmation of completion of special training for adoptive parents;
• extracts on registration of persons wishing to adopt a minor.

Foreigners additionally submit a conclusion from the government agency of their country that they have the right to foster a minor, as well as permission for the adoptee to enter and permanently reside in the territory of a foreign state.

In addition, when applying to the court, you need to prepare a statement of claim, the content and form of which are provided for in Art. 131 Code of Civil Procedure. The court is authorized to request other documents if necessary.

Judicial review

Cases regarding the establishment of adoption are considered according to the rules of special proceedings. Such appeals are sent to the Supreme Courts of the republics, regional, regional courts or courts of federal cities, autonomous regions, autonomous districts at the place of residence of the minor.

Note. The application must be reviewed within 2 months after its submission. The form of the meeting is closed, but the presence of employees of the guardianship authority, the prosecutor's office and the child himself is required if he is over 14 years old.

Other interested parties may also take part in the legal proceedings, for example, the biological parents of the adoptee or the child himself aged 10 to 14 years.

Based on the results of the consideration, the judge makes one of the possible decisions:

• grants the plaintiff's request;
• rejects the request.

Post-trial registration

After the court decision enters into legal force, the adoption is considered established. However, this fact still needs to be registered in the civil registry office. Documents can be sent to the authority located:

• within the jurisdiction of the court that made the relevant decision;
• at the place of residence of the new parents.

You need to submit an application, passport and court decision to the registry office. Employees of a government agency can make changes to an existing act record or create a new one. This depends on whether the request to change the boy's or girl's place of birth has been approved by the court, and whether ties to biological relatives will be maintained.

Important. Completion of the required registration activities is confirmed by the issuance of an adoption certificate. If the changes affect the personal data of the minor, the adoptive parents also issue a new birth certificate.

It is allowed to take the baby home after the court decision has entered into legal force. By the way, the bank operator must be informed about the act adopted by the servants of Themis within 10 days after the end of the period established for the appeal.

Searching for a child using the database: where to get information about children in need of a family

Data on children in need of a family is available in the regional database or in the public educational institution at the location of the specifically selected orphanage.

Based on the issued conclusion, future adoptive parents will be given access to a database with photographs , where they can select one or more applicants from among the children with whom they can meet and communicate, and try to find common ground.

The database will contain information about the presence of relatives and the baby’s relationship with them . There will also be marks indicating whether someone has chosen this child and is handling the registration. All questions can be clarified with a PLO employee.

A candidate parent will be able to meet with only one of the children; a meeting with several children at the same time is undesirable and therefore impossible. It happens that contact is immediately established and the issue of choice is practically resolved, but many want to see everyone they have their eye on, and only then make the final choice.

If the applicant for the role of adoptive parent does not appear at the appointed time for a meeting with the baby twice, he is removed from the selection process as an unreliable and irresponsible person, unless there are objective reasons that prevented him from coming to the meeting.

After receiving permission for adoption from guardianship and trusteeship, three months are given to choose the baby.

Requirements for an adoptive parent

The legislator has established a number of requirements for persons who want to replace the closest people to little orphans or street children. At the same time, the emergence of the right to adoption is not related to whether the applicant is in a registered marital relationship. Although, in practice, officials often give preference to married couples, citing the fact that in such a family the child will feel more comfortable.

But according to the Family Code, the conditions under which single men, women or married couples are allowed to take a child from an orphanage are almost the same.

Financial assistance to guardians

Guardianship can be gratuitous, when the guardian refuses government payments, and paid, when he is given benefits. In the latter case, these are three types of subsidies:

• One-time upon registration - paid no later than six months after registration of guardianship.
• Monthly child support.
• Monthly to the guardian himself.

Payments are made until the ward reaches 14 years of age. After this, guardianship is replaced by guardianship - up to 18 years.

The procedure for registering guardianship is complex and taking a child from an orphanage is more than a responsible step in moral terms.
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Payments for adoptive parents

After completing the documentation of adoption, a citizen has the right to apply for the accrual of the same social payments that are due to biological fathers or mothers. The list of possible financial assistance includes:

• benefits in connection with pregnancy and childbirth - when adopting a baby under 3 months of age;
• one-time charges when transferring a minor to a family;
• monthly benefits for the period of caring for the baby until he reaches 1.5 years;
• funds from maternity capital (now also allocated for the firstborn).

Special types of financial support may also be allocated at the regional level.

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Features: what to pay special attention to

When adopting a minor orphan, you will have to face a number of issues. Let's consider the main features that should be given special attention:

1. All information provided is subject to careful analysis and verification.
2. This procedure usually takes a long time.
3. If a refusal is received from the guardianship authorities, then it is not advisable to go to court.
4. Trustees should understand that they will be closely monitored at first.
5. It is necessary to take into account the fact that in each individual case there may be exceptional nuances.

If future trustees provide reliable and complete information about themselves, then there will be no difficulties with adoption. However, if inconsistencies are identified, the process will be immediately rejected.

Important. At any stage of the procedure, additional documents or data may be required, which will significantly slow down the process, which is why you should be patient in advance.

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Reasons for refusal

There are two types of refusal. The first is a refusal to adopt, the second is a refusal to accept an application for adoption.

Let's consider the first case. It's unlikely, but there are always exceptions. I will give several reasons: perhaps the adoptive parent’s financial situation has changed, perhaps the adoptive parent has lost his home, perhaps the adoptive parent has been diagnosed with a serious illness that limits his legal capacity.

If the application itself was not accepted, then it was incorrectly completed.

Required documents

List of documents for registration of guardianship from the candidate:

• passport;
• information about income;
• autobiography;
• title documents for housing;
• information that the citizen is familiar with information about the child’s health;
• medical report on the citizen’s state of health;
• characteristics from the place of work or study.

Sample medical report for a candidate

Documents for child custody:

• birth certificate;
• civil passport (if available);
• medical report on health status;
• certificate of relatives;
• documents that confirm orphan status;
• documents on the child’s property;
• policy, SNILS;
• statements of refusal to accept the child into guardianship from relatives.

Sample medical report for a child

Reasons why single women want to adopt a child

Nowadays, it is very common to meet single mothers or women who are married, but not living with their husbands, who decide to take an adopted child into the family. Let's look at the reasons why people decide to take this step, understanding their responsibilities to their adopted child and the difficulties.

• If a woman cannot give birth for medical reasons, but wants a baby.
• There is no official marriage.
• Because of her age, a woman can no longer give birth; most often she has already raised children, but wants more.
• There are 30% fewer men in Russia, so perhaps the woman simply couldn’t find a husband or a father for her baby.

How to take a baby from the maternity hospital?

The eyes of adoptive parents most often fall on this option, since in this case the child basically does not have any psychological deviations, and as a result, huge queues of applicants form.
The process looks like this: first, the adoptive parent must submit an application and take a position in the queue for the child , and then contact the ROO.

And further actions completely coincide with the standard procedure.

What to do if the blood father does not consent to this?

In a situation where the baby’s blood father is not deprived of parental rights and there were no prerequisites for this, and also if he pays child support responsibly and on time and takes an active part in raising the child, then it is almost impossible to adopt a baby without his consent.

The father's opinion may not be taken into account in the following cases:

• if the blood father does not take any part in the baby’s life;
• if the biological father has not seen the child for more than 6 months without good reason;
• is a malicious non-payer of alimony (or makes payments in court).

And if the defendant (blood father) is absent from the meeting, then this will be additional evidence of his unwillingness to raise and irresponsible attitude towards his child.

At the court hearing, it will be necessary to actively and convincingly prove that the defendant does not see the child. What steps to take and how to do it correctly? These issues can be discussed with the guardianship commission, and perhaps they will suggest what needs to be done for this.

If the court refuses to consider the claim without the blood (biological) father, then a claim should be filed to deprive him of parental rights. The basis for such a claim: refusal to support the child, refusal to raise the child, negative impact on the child’s health (psychological and physical).

Adaptation

Adaptation began on the first day. The morning was terrible. Everything fell out of hand. It was so difficult mentally that I could barely hold back my tears. Although formally everything was fine. The children were playing. But the feeling immediately came over me: she is a stranger to me! The child did not obey at all: she reacted to any request with complete disregard, and to a repeated request there was only one reaction: sit down, bury her head in her knees and sit like that for 2 hours.

It got even worse when a week later I took my son to kindergarten (I had to prepare for the New Year's party). When I came home, I locked myself in the bathroom and sobbed and sobbed... And then I went out and spent the day with a complete stranger and stranger to me. Only when my husband came home did I feel a little better. It seemed that such horror would always be there now.

I have never cried so much in my life... Where is my sense of humor, laughter and playfulness? We hardly laugh anymore; melancholy has settled in our house. And I began to pray. Eagerly. On the knees. I asked God for one thing - to give me love for this girl. I wanted to love her like a mother, not care for her like a guardian. But love for an adopted child is a huge work of soul and heart. She doesn't come right away...

And so, after two weeks, I cried, as usual, and decided: enough is enough. This can't go on any longer. And gritting my teeth and squeezing out a smile, I began to make my daughter laugh and amuse me. I jumped around like a goat, fooled around with the cat, came up with various funny poems, in general, crawled out of my skin to amuse my foolish princess. And the ice has broken! She started laughing. She started joking. She slowly stopped being offended. And I thawed! Instead of the usual pity and irritation, new shoots began to appear. Maybe not love yet, but acceptance, sympathy.