Adopting a child from a maternity hospital in 2021: how to adopt a newborn?

What is child adoption

Adoption is one of the ways to foster a child whose parents (one or both) are not fulfilling their responsibilities. In this case, adopted children receive the same legal status as their biological relatives.

This means that parents are endowed with all the rights and responsibilities 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 receiving the right to inherit. The children's property goes into common use.

Adoptive parents have the right to change the first name, last name, date and place of birth of the child. All his blood relatives are no longer considered close to him, and they are forbidden to communicate with him. An adoption can only be canceled by a court decision.

The secrecy of adoption is protected by the RF IC, Article 139. The secrecy of the adoption of a child by law. Officials involved in the procedure do not have the right to disclose its details.

Consequences

Receiving a court decision is not the end of the process. Adoption is subject to registration in the registry office. From this moment on, the parties have legal consequences:

based on a court decision, information about the biological mother and father is excluded;
blood parents and other relatives lose legal rights to the child;
the child will inherit the property of the adoptive parents in the event of their death, and the adoptive parents have similar rights to his property;
citizens can receive a one-time benefit upon adoption.

The exception is when intra-family adoption occurs. Then the child loses official contact with relatives and parents, on the one hand. Connections with the second parent are maintained.

If a parent has died and a minor is adopted, then grandparents can demand that the relationship be maintained.

Who can adopt a child

The IC of the Russian Federation 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 also be capable);
has a permanent place of residence and income to provide the child with a living wage;
completed training at a school for 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 the court;
does not suffer from diseases A list of diseases in the presence of which a person cannot adopt a child, take him into guardianship (trusteeship), take him into a foster or foster family, preventing 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 slander), family and minors, public health, public morality and safety, as well as for serious and especially serious crimes ;
is not in a 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 a child with him. But you still have to get consent for this from him. But two unmarried people cannot adopt the same child.

The age difference between the adoptive parent and the adopted child must be at least 16 RF IC, 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 sensitive to the health status, income level or lack of training at school of the adoptive parents if the child already lives in the family. All this, except for health, is also true for cases when someone wants to adopt a spouse’s children from a previous marriage.

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

The legislative framework

Adoption and subsequent relations between parents and a minor are regulated by two sections of the Family Code of Russia. Chapter 19 defines the specifics of the procedure and the conditions for adoption. It contains the main points:

requirements for potential adoptive parents;
method of carrying out the procedure;
categories of children subject to adoption;
situations where consent to the procedure is required from minors themselves, their relatives or guardians;
changes that can be made to data on place, time of birth and other personal information;
the mystery of adoption;
conditions for canceling the procedure, its consequences, etc.

After a child is adopted, the relationship between the parents and the minor is regulated by Chapter 12 of the Family Code of the Russian Federation.

The adoption procedure is not simple, so future parents will have to go through many steps before taking a child into their family. In order to make this task as easy as possible and save time, it is recommended to consult a family lawyer. He will be able to explain in detail the legal subtleties, help in drawing up an application and collecting important documents. If necessary, a lawyer can provide assistance in court if problems arise with the adoption.

When can a child be adopted?

If his only or both parents:

died or were declared dead in court;
recognized by the court as incompetent or missing;
gave consent to adoption;
unknown;
for unjustifiable reasons, they avoid raising a child and do not live with him for more than six months.

The law prohibits the RF IC, Article 123. The arrangement of children left without parental care to adopt brothers and sisters into different families. The exception is if for some reason they cannot be raised together. For example, one of them is sick, which jeopardizes the health of the others.

A child over 10 years old must give his consent to you to adopt him, Article 132. Consent of the child being adopted.

Arbitrage practice

Judicial practice on the adoption of minors is quite extensive. Let's look at a few examples.

Consideration of claims for adoption takes place in a special manner. In addition to the applicant himself, the following are invited to the court hearing:

a prosecutor overseeing compliance with the rights of minors;
representative of the guardianship and trusteeship authorities;
a representative of a social or medical institution where the child is kept at the time of the court hearing;
if available, the child’s relatives;
other interested parties.

Example

The parents of five-year-old Daniel died in a traffic accident. The OPP established that the baby has blood relatives – grandparents on his father’s side. In a conversation with PLO employees, they said that they were not able to support and raise Daniil and they did not mind if someone adopted him.

The Rumyantsev family chose a boy for adoption. In addition to the representative of the PLO and the prosecutor, the child’s grandparents were invited to the court hearing, who confirmed that they were abandoning the boy because they did not have the opportunity to raise him and they did not object to their grandson being adopted by another family. The court granted the applicant's request and decided to adopt the baby.

There are often cases when blood relatives of a child left without parental care object to the adoption of the child by others. If the court finds that their objections are not groundless, the court may refuse to allow the minor to be adopted by other persons.

Example

Olga Romanova died of cancer. Eighteen-year-old Masha and ten-year-old Roman were left orphans. Since Maria did not work and actually could not support her brother, the boy was placed in an orphanage. But Maria did not give up trying to obtain guardianship over her brother. She was in her final year of college and was about to graduate. After receiving the document, the girl planned to immediately find a job and begin obtaining guardianship over Roman.

In this situation, even if there is a person who wants to adopt the boy, the court will not allow an outsider to do this.

Any legal process regarding an adoption claim has many nuances and depends on a large number of details and circumstances. but this is not a reason to give up the joy of motherhood or fatherhood, the hope of taking part in raising a little man and giving him all your love. That is why lawyers advise enlisting the help of an experienced family lawyer at the first stage of the adoption procedure. If you encounter difficulties at any stage of the adoption, when the process has already started, you can also seek help from a lawyer.

Our website's lawyers are ready to advise you on all issues that interest you. To do this, all you need to do is call the numbers listed on the website, or seek a free consultation in a special online chat.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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How to adopt a child

Take training at a foster parent school

Stepfathers and stepmothers, close relatives and those who are not adopting their first child can skip this point. For others, training is mandatory. The courses are organized by guardianship and trusteeship authorities. They help to understand whether potential adoptive parents are ready for such a serious step, and teach children to adapt to a new life with minimal damage to the psyche.

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

Pass a medical examination

You must have a certificate of absence of diseases that may become an obstacle to adoption. This is about:

respiratory tuberculosis in the first and second groups of dispensary observation;
infectious diseases until stable remission occurs;
oncological diseases of the third and fourth stages, as well as the first and second - before radical treatment;
mental disorders and behavioral disorders until 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 form No. 164/u.

Get permission to adopt

The guardianship authorities must check you and make a verdict: can you become an adoptive parent? To start the process, you need to contact the department with a package of documents, Decree of the Government of the Russian Federation dated March 29, 2000 No. 275, which will include:

a free-form application indicating your full name, passport details, information about people registered in your home, and information about no criminal record;
a short autobiography in free form;
certificate of training at a foster parent school, if required from you;
a document confirming your income for the last 12 months, for example a 2‑NDFL certificate;
medical certificate in form No. 164/u;
a copy of your marriage certificate, if you are married.

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

You can submit the papers in person or through the State Services portal, if possible in your region.

Guardianship officials will check the documents and the veracity of the information contained in them. They will then come to your home to assess your living conditions. If everything suits them, you will be given a conclusion about the possibility of being an adoptive parent. It is valid for two years.

Register as an adoptive parent

This must be done with the guardianship and trusteeship authorities. You will need proof of identity and a certificate of suitability to be an adoptive parent. You must also fill out an application and questionnaire on site.

Find a child you want to adopt

If we are not talking about a stepson, stepdaughter or blood relative, a child will have to be found for adoption. This can be done online - in the federal data bank or in the regional ones, which the guardianship and trusteeship authorities will tell you about. 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 report. You have the right to organize 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 the child like each other, move on to the next stage.

Apply for adoption to the court

It is necessary to contact the district court at the place of residence or location of the child. The statement of claim shall indicate the Code of Civil Procedure of the Russian Federation, Article 270. The contents of the application for adoption are 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;
the circumstances why potential parents are asking the court for adoption;
a request to change the surname, first name, patronymic, place and date of birth of the child, to record the adoptive parents (adoptive parent) as parents (parent) in the birth certificate.

The following must be attached to the claim:

a copy of the adoptive parent's birth certificate, if he is not married;
a copy of the marriage certificate if the adoptive parents are married;
consent of the spouse to adoption if his partner intends 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 the apartment or house where he intends to bring the child;
certificate of education at a foster parent school (if necessary);
a document confirming the registration of the adoptive parent in this status.

Take your child home

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

Register the adoption at the registry office

With a court decision that has entered into force, you must contact the civil registry office at the place of residence or the court hearing. The following must be attached to the document:

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

This can be done in person or through State Services.

The registry office will issue a certificate of registration of adoption and a new birth certificate if changes need to be made to it by a court decision.

Deadlines

Each stage of the adoption procedure will take a certain period of time:

Preparatory courses last from two days to one month.
The medical examination will take from two to fourteen days.
Preparation of documents usually lasts up to one month.
The application will be considered by the guardianship and trusteeship authorities for no more than ten days.
The longest period of time will be spent searching for a suitable child. Sometimes this lasts a year or more.
Preparation of documents and filing a claim – from two days to two to three weeks.
The trial will take about two months.
The entry into force of the court decision is another month.

When can an adoption be canceled?

The child himself, if he is over 14 years old, his adoptive or biological parents, guardianship authorities or the prosecutor can demand cancellation of adoption. 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 family placement are there?

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

Guardianship and trusteeship

We are talking about the same phenomenon, only the first concerns children under 14 years of age, 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 children's property is used so that it is safe, but they themselves do not have the right to dispose of it.

Guardianship and trusteeship are usually provided free of charge. At the same time, money is paid for the maintenance of the child and compensation for housing and utility costs. A guardian or trustee can be one person. In rare cases, these are two spouses.

Adoptive family

This is the same guardianship or trusteeship, only the adoptive parents are also paid a fee. There can be no more than eight children in such a family, including biological relatives.

Foster care

Not available in all regions. This is guardianship or trusteeship on a paid basis, just like a foster family. Only the 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.

Differences from foster care

It is worth distinguishing between adoption and foster care.

Adoption - a child is accepted into the family as a blood child, he is a full-fledged member of the family. Inheritance rights are preserved, the child is assigned a full name, and the date of birth is changed.

But the process takes longer to complete; the state provides practically no assistance to adoptive parents (with the exception of postpartum leave and payments for the birth of a baby).

The requirements for candidates are very strict . Not every child who has been deprived of parental care can be adopted.

A foster family is a form of raising children in a family at home with a foster parent. Typically, such families include children who cannot be adopted or placed under guardianship because the child does not have the necessary legal status, or guardians and adoptive parents cannot be found.

The duration of the placement is determined by the contract . The foster parent receives a salary and his work experience is counted. The level of responsibility for the fate of the baby is high, but not complete. Foster parents are guardians here. Candidates have less stringent requirements.

For the child, the person receives a monthly allowance, benefits, and is provided with assistance in organizing the child’s education, recreation, and treatment. When a child reaches adulthood, he is given housing (if he does not have his own).

But the PLO constantly monitors such a family, and it is more difficult to formalize an agreement on the transfer of a child to the family. The child can see biological parents and relatives.

Video: Adoption of a child

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Application for adoption of a child - Sample.doc

1 comment on the article “What is necessary to adopt a child?”

V
Katya writes:
Why don't you write about the school for foster parents? Is it not necessary to go through it for adoption?
Read also: Will a will written by the testator by hand be valid without notarization?
Answer

What to remember

The adoption process looks simple on paper, but in life it is much more complicated. Perhaps this is not so bad, since potential parents have time to test their motivation and confidence in their actions.
There are other ways to place 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 there will be no secret from his adoption. Just weigh the pros and cons.

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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