Unfortunately, the number of children who were left without parental care immediately after birth or after some time is not so small. Caring for such children is the responsibility of the state, but this does not mean at all that they cannot be transferred to a family where they will have natural, loving parents.
Next, we’ll talk about how to take a child from an orphanage for adoption: where to go, how to prepare so as not to be refused, and how the registration procedure goes.
Is it possible to adopt a newborn baby from a maternity hospital?
If a woman does not want to pick up her child after giving birth, she can leave him in the maternity hospital. All the days before discharge, crisis center specialists will offer her options for solving her problems so that she can pick up the child. But some women still issue a refusal.
Opt-out options:
- After giving birth, the woman filed an application for abandonment of the child.
- The woman was discharged before the baby. If within 3 days after the child is ready for discharge, the mother does not come for him, then an act of abandonment in the medical organization is drawn up.
- The woman gave birth without a passport and left the maternity hospital without the child.
If the child’s mother has issued a refusal, then specialists should offer the opportunity to pick up the child to the father. This is possible if the woman was married and presented her passport at the maternity hospital.
If the child's mother died during childbirth, the guardianship department will look for the child's relatives. The child will be put up for adoption if all relatives write a refusal.
It is possible to adopt a newborn child from a maternity hospital if the mother or both parents abandoned him. This is a situation that gives the child the status of “left without parental care.” This means that the guardianship department must find him a new family.
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.
Algorithm of actions: how to adopt a newborn child from the maternity hospital
Adoption is a procedure that is regulated by Ch. 19 RF IC and ch. 29 of the Code of Civil Procedure of the Russian Federation, and a number of requirements are presented to the adoptive parent.
To accept a child into a family, you must follow the following algorithm:
- Get a conclusion.
- Pick up a child.
- Apply for adoption through the court.
From the moment the court decision enters into legal force, the adoptive parent and the adopted child legally become one family. They receive mutual rights and responsibilities similar to those of the biological family.
How to adopt a child from an orphanage? Step-by-step instruction
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Application to court
The third step in the adoption process is the application to the court.
Such an application is submitted by the adoptive parents themselves and representatives of the guardianship authorities. It should be noted that it is impossible to adopt a child without a court decision. For the Russian Federation this is a mandatory procedure. In essence, this is a strict formality that allows the court to make a positive decision on adoption. The court procedure itself is closed to maintain anonymity and conceal the fact of adoption. In this case, the following must be present at the trial:
- judge;
- representatives of guardianship authorities;
- adoptive parents;
- prosecutor.
In cases where the court decision is negative, you can go to court again, but this time to higher authorities.
How to find a child?
The only way to take a child from the maternity hospital is to stand in line at the guardianship department at the location of the maternity hospital. It is better to choose small regional centers. Abandoned children rarely appear in them, but there are even fewer candidates for adoptive parents. Most citizens in such settlements want to take the child into custody or into a foster family.
The more such district centers you visit and apply for registration, the higher the chances of finding the baby.
Guardianship departments do not register documents sent by email, mail, or fax. You must attend a personal appointment.
Popular mistakes of adoptive parents
Families who want to adopt a child from a maternity hospital often make the following mistakes:
- They are not collecting documents because they are waiting for the baby to appear. The procedure for collecting documents and obtaining an opinion takes 1-2 months. And the child will be given for adoption to candidates who registered earlier.
- We received a conclusion from the guardianship department that it was impossible to become a candidate and stopped trying. The commission from the guardianship department can be subjective. Therefore, you can always try to challenge the conclusion about impossibility in court. The courts often accommodate candidates.
- Forgot to update documents. Documents have a validity period. You cannot receive a referral with an expired conclusion, income certificate or medical certificate.
- They are trying to negotiate on forums to buy a newborn baby from a pregnant woman. Selling and buying children is a criminal offense. Every year there are 3-4 trials of citizens who tried to buy children.
- They find out about the child in the maternity hospital and impulsively decide to adopt him. First you will have to go through the training and preparation of documents. There is no need to be upset, but this child will definitely not be taken away.
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.
| Compliance criterion | Single man or woman | Married couple | Relative, stepfather or stepmother |
| Age | Adults, the difference from the adoptee is at least 16 years | Adults, age difference may be reduced | |
| Health | Satisfactory state of health, absence of diseases specified in Decree of the Government of the Russian Federation No. 117 of February 14, 2013 | Relief may be allowed for those who are already associated with a minor in the common life | |
| Income level | Sufficient to support oneself, existing dependents and the adoptee (at least one child subsistence level per child) | Relief may be allowed for those who are already associated with a minor in the common life | |
| Housing conditions | Availability of a registered place of residence, sufficient living space for all family members. It is ideal to allocate a separate room for the person being adopted; it is inadmissible for children of different sexes to live in the same room. | It is necessary to confirm your registration, however, relaxations may be allowed regarding the square footage of the occupied home | |
| Preparation | Completion of training at the school of foster parents | No special training required | |
| Additional permissions | Not required | If only one of the couple is adopting, the other must give consent | If a stepfather or stepmother is adopting, you need permission from your spouse (mom or dad) |
| The right to adopt jointly with another subject | Not provided | Allowed | Allowed for subjects in marital relationships |
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Motives for adopting a baby
Babies from maternity hospitals are adopted for various reasons. This is most often done in such situations:
- when a woman wants to get a conscientious objector if she has a serious illness that makes having children impossible;
- if you want to independently raise a worthy person who will take care of his parents in their old age;
- at the request of wealthy people who want to raise their successor, the heir to a cottage or other wealth, etc.
More often, a newborn refuser who does not yet have a good memory or a variety of skills or habits is taken for adoption from a maternity hospital. After all, it is easiest to take a minor citizen under guardianship at a young age. As a result, the baby develops a specific character that the adoptive parents themselves possess.
The Mystery of Adoption
According to Art. 155 of the Criminal Code of the Russian Federation, after accepting an abandoned child into their family, adoptive parents must maintain the secrecy of adoption. Disclosure of such information is punishable as follows:
- fined 80,000 rubles. or the amount of salary for 6 months. as a maximum;
- are required to perform compulsory labor for 360 hours or correctional labor for 1 year;
- sent to prison for 4 months. and are deprived of the right to hold specific positions for a period of up to 3 years or without such deprivation.
The circle of people who are aware of the adoption of a child includes the following citizens of the Russian Federation - employees of the Department of Social Protection of the Population, maternity hospitals, orphanages and court employees. When preventing the disclosure of secret information about a specific adoption, not only the full name of the adopted child is changed, but also his place and birthday.
Moreover, the difference between the fictitious and real dates of birth is 3 months maximum.
Article 155 of the Criminal Code of the Russian Federation “Disclosure of the secret of adoption”
Will there be payments to parents?
From the moment of the court decision and making the necessary adjustments to the passports of the adoptive parents, and receiving the child’s birth certificate with a new surname, new parents have the right to receive appropriate payments .
By the way, if the child’s last name remains the same as in the orphanage, payments must be made. The main condition is that the court establishes the adoption.
Since an adopted baby is considered by law to be a blood child, the state is obliged to transfer all payments due to the parents for the child.
Reasons for refusal
A refusal to adopt a newborn abandoner is received in the following situations:
- when the applicant is pregnant at an early age;
- when studying a potential adoptive parent at a university;
- due to the presence of congenital pathologies;
- when identifying a potential adoptive parent with various material or housing problems;
- if you have drug or alcohol addiction.
If the re-adoption is successful, abandoned children are given to a new adoptive family. Moreover, most babies are adopted in the first six months of their life.
As a result, before becoming a guardian of a newborn, you need to know where to start adopting a child who has abandoned the child from the maternity hospital and how this legal procedure proceeds. After studying the above information, this matter will not take much time.
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Documentation
Before submitting an application for adoption, you need to collect a list of important documents that guarantee that the child is being given to a good family:
- application to the guardianship authorities;
- copies of spouses' passports;
- conclusion from a medical institution;
- information about income and place of work;
- consent of the second spouse, if only one of them is an applicant;
- the conclusion of the experts who conducted the housing inspection;
- characteristics from organizations where potential parents work are desirable;
- extracts from personal accounts and house books;
- a certificate confirming the fact that neither spouse has been prosecuted.
The most troublesome step in adoption for parents is the medical examination. The legislation provides for a number of procedures that make it possible to exclude the presence of serious diseases (HIV, tuberculosis, etc.).
