Structure of guardianship and trusteeship bodies. About guardianship and trusteeship authorities - Legal portal for specialists in family placement of orphans in Russia

What is guardianship and trusteeship?

Many people know first-hand what guardianship and trusteeship authorities are. But how do these two concepts differ? Both are legal forms of protection of property and personal non-property rights of citizens provided for by law, who are not able to fully or partially realize them on their own.

Guardianship is established over persons who have limited legal capacity, but guardianship is established over those who are completely incompetent.

The general characteristics of the guardianship and trusteeship authorities indicate that their competence includes cases when children, for one reason or another, are left without parental supervision, or a person is recognized by a court as incompetent or partially capable.

Although guardians and trustees are not legally equivalent to parents, they perform the same functions.

There are different models for the formation of the above-mentioned bodies, and the direct status of the guardianship and trusteeship bodies has undergone changes over time.

Issues of guardianship and trusteeship

What is adoption?

Adoption is a priority form of family arrangement. Adoption is understood as a legal act, as a result of which the same rights and obligations arise between the adoptive parents (adoptive parent) and the adopted child as between parents and children.

What is guardianship and trusteeship?

Guardianship and guardianship is a form of placement for orphans and children left without parental care for the purpose of their maintenance, upbringing and education, as well as for the protection of their rights and interests.

Guardianship is established over children under the age of 14; Guardianship is established between the ages of 14 and 18 years.

The child retains the status of an orphan and connection with his birth family.

What is a foster family?

Foster family is a form of placement of orphans and children left without parental care on the basis of an agreement on the transfer of a child (children) for upbringing to a family between the guardianship and trusteeship authority and adoptive parents (spouses or individual citizens who wish to take children into their care). family).

Who cannot be an adoptive parent and guardian?

Adoptive parents cannot be:

1. persons recognized by the court as incompetent or partially capable;

2. spouses, one of whom is recognized by the court as incompetent or partially capable;

3. persons deprived of parental rights by court or limited by court in parental rights;

4. persons removed from the duties of a guardian (trustee) for improper performance of the duties assigned to him by law;

5. former adoptive parents, if the adoption was canceled by the court due to their fault;

6. persons who, for health reasons, cannot exercise parental rights (link to rights)

7. persons who, at the time of adoption, do not have an income that provides the adopted child with the subsistence minimum established in the constituent entity of the Russian Federation in whose territory the adoptive parents (adoptive parent) reside;

8. persons who do not have a permanent place of residence;

9. persons living in residential premises that do not meet sanitary and technical requirements and standards;

10. persons who have an unexpunged or outstanding conviction for serious or especially serious crimes;

11. persons who have not been trained as adoptive parents (except for close relatives of the child);

12. persons who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the legislation of the state in which such marriage is permitted;

Other restrictions for persons wishing to adopt a child:

1. Persons who are not married to each other cannot jointly adopt the same child.

2. When adopting a child by one of the spouses, the consent of the other spouse for adoption is required, unless the child is adopted by both spouses.

3. The spouse’s consent to the adoption of a child is not required if the spouses have terminated family relations, have not lived together for more than a year and the place of residence of the other spouse is unknown.

4. The age difference between the unmarried adoptive parent and the child being adopted must be at least sixteen years. For reasons recognized by the court as valid, the age difference may be reduced. When a child is adopted by a stepfather (stepmother), an age difference is not required.

Are there any restrictions on adopting a child for single people?

The general requirements for a candidate for adoptive parents or guardians do not change due to the fact that he lives alone and that he already has his own or adopted children.

Where to start with adoption, guardianship?

1. You must contact the guardianship and trusteeship authorities at your place of residence.

2. Write an application to register you as a candidate for adoptive parent/guardian, receive a list of documents that must be provided to obtain a positive conclusion about the possibility of being an adoptive parent/guardian/trustee.

3. Collect the necessary documents. Complete training at the School of Adoptive Parents.

4. After receiving a positive conclusion about the possibility of being an adoptive parent/guardian/trustee, you can contact any guardianship authority of the Russian Federation, any regional data bank on children left without parental care, or a federal bank. Contact information for guardianship and trusteeship authorities is on the website https://usynovite.mosreg.ru/ in the “Where to go for an adoptive parent” section.

How can I adopt a child if I am a citizen of the Russian Federation, but live abroad?

For citizens of the Russian Federation permanently residing abroad, the legislation provides for the same procedure for the adoption of orphans as for foreign adoptive parents.

Are there any special requirements for single people or single mothers?

The general requirements for a candidate for adoptive parents/guardians do not change due to the fact that he lives alone and that he already has his own or adopted children.

Where and how can I find a child?

You need to contact the guardianship authorities at your place of residence or the regional children's data bank. You can find out the addresses on the Adoption in the Moscow Region website.

Where can I find information about orphans in the Moscow region?

Information about orphans can be found on the “Adoption in the Moscow Region” website or in the “Adoption in the Moscow Region” mobile application (you can download the mobile application on GooglePlay).

What happens after adoption/guardianship?

You can find information about the rights of adoptive parents and guardians on the website “Adoption in the Moscow Region.

Is it possible to return the child?

The basis for termination of adoption is its cancellation in court. Cancellation of an adoption is permitted only when the adoption no longer corresponds to the interests of the child. The Family Code of the Russian Federation establishes the grounds for canceling an adoption:

1. adoptive parents avoid fulfilling their parental responsibilities;

2. adoptive parents abuse the adopted child;

3. the adoptive parents are chronic alcoholics or drug addicts;

4. other reasons based on the interests of the child.

Cancellation of adoption is permitted as a general rule until the child reaches the age of majority.

Is it possible to become a foster family for a child with poor health, to become his guardian or trustee?

In cases where a person expresses a desire to foster a child with poor health, a sick child, a child with developmental disabilities, or a disabled child, then it is necessary that the adoptive parents have the necessary conditions for this. The presence of these conditions is established by the guardianship and trusteeship authority.

Is the child's consent required to place him in a foster family?

When transferring a child to a foster family, the guardianship and trusteeship authority is guided by the interests of the child. The transfer of a child to a foster family who has reached the age of 10 years is carried out only with his consent.

What do they do in cases where a child being placed in a family has other brothers and sisters?

Children who are related to each other, as a rule, are placed in the same foster family, except in cases where, for medical reasons or other reasons, they cannot be raised together.

We saw a profile of a child on your website that we liked. How can I find out information about him?

In accordance with the legislation of the Russian Federation, detailed information about children left without parental care is classified as confidential. You can receive it after registering in the regional data bank of children left without parental care of the Ministry of Education of the Moscow Region, providing a passport and the original report on the possibility of being an adoptive parent, guardian (trustee), or foster parent. Non-confidential information about the child can be found in the regional data bank on orphans in the Moscow region by calling: 8-498-602-02-18.

You can register with the regional data bank on reception days - Monday or Thursday from 14.00-17.00 at the address: Odintsovo city district, village. Novoivanovskoe, st. Kalinina, 1 or on any other working day by making an appointment in advance by phone: 8-498-602-02-18.

I am a candidate for adoptive parents, a conclusion on the possibility of being an adoptive parent has been received. How can I find a child, where should I contact?

After receiving a conclusion about the possibility of being an adoptive parent, you can contact any guardianship authority of the Russian Federation, any regional data bank on children left without parental care, or a federal bank.

Contact information for guardianship and trusteeship authorities can be found on the website in the “Where to go for an adoptive parent” section.

Is it possible to adopt/take guardianship of a child from another region?

Citizens wishing to adopt children into their families have the right to apply for information about children left without parental care to any guardianship and trusteeship authority, to any regional operator or federal operator of their choice.

Legislation

The main sectoral legislative act in this area is the Federal Law of April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship”, which provides for the basic rights and responsibilities of PLO bodies and their terms of reference.

Certain issues are regulated by the Family and Civil Codes. The Guardianship and Trusteeship Committee is also guided by the following Federal laws:

dated 06.10.1999 No. 184-FZ “On the general principles of organization of legislative (representative) and executive authorities of the constituent entities of the Russian Federation”;
dated 06.10.2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”;
dated April 16, 2001 No. 44-FZ “On the state data bank on children left without parental care.”

Subjects of guardianship and trusteeship authorities

The list of entities that fall into this category is defined by law. As a general rule, these are executive authorities. At the same time, the legislator provides that local government bodies are also guardianship and trusteeship bodies in cases where they are vested with such powers.

Thus, depending on the region of residence, the structure of the OOP may change. If we take the Ministry of Guardianship and Trusteeship, then this role is played by the Ministry of Social Development, Guardianship and Trusteeship of a certain region.

Guardianship authorities may have their own inter-district administrations. Such a department, for example, was created in the Irkutsk region.

Other regions may create other organizations. Thus, in Samara there is a Department of Family, Guardianship and Trusteeship of the district, known as the Department of Guardianship and Trusteeship and Social Support.

Regardless of the name, all institutions solve the same problems. As a rule, functions are performed at different levels, but such units can be in each municipal district or in an intra-city entity. For example, the department of guardianship and trusteeship is often singled out among the structure of social service and population protection institutions.

Important issues relating to guardianship and trusteeship are sometimes decided by the head of the district or city administration at the place of residence of the person over whom they want to establish guardianship, or at the place of residence of the responsible person.

At the same time, minors deprived of parental care, as well as persons recognized by the court as incompetent or partially capable are also subjects of guardianship and trusteeship.

Structure of guardianship and trusteeship authorities

According to paragraph 2 of Art. 121 of the Family Code of the Russian Federation and Art. 6 of the Federal Law of the Russian Federation dated April 24, 2008 No. 48-FZ “On guardianship and trusteeship”, issues of the organization and activities of guardianship and trusteeship bodies (TCB) are regulated by:

Family Code of the Russian Federation,
Civil Code of the Russian Federation,
Federal Law of the Russian Federation dated October 6, 1999 No. 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”,
Federal Law of the Russian Federation dated October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”,
other federal laws,
laws of the constituent entities of the Russian Federation.

So, in accordance with paragraph 2 of Art. 121 of the Family Code of the Russian Federation and Art. 6 of the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On guardianship and trusteeship”, the guardianship and trusteeship bodies are the executive authorities of the constituent entity of the Russian Federation . The structure of the executive bodies of state power of a subject of the Russian Federation for the purpose of organizing and carrying out activities related to guardianship and suretyship is determined by the highest official of the subject of the Russian Federation (or the head of the highest executive body of state power of the subject of the Russian Federation). The act regulating the activities of the guardianship and trusteeship body must indicate whether it has the status of a guardianship and trusteeship body (Clause 2, Article 6 of the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship”).

Local government bodies of settlements, city districts, municipal districts, intra-city municipalities of federal cities of Moscow and St. Petersburg, in the territories of which there are no guardianship and trusteeship bodies established in accordance with the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On Guardianship” and trusteeship” may be vested by the law of a subject of the Russian Federation with the powers of guardianship and trusteeship with the transfer of the material and financial resources necessary for their implementation. In this case, the guardianship and trusteeship authorities are local government bodies (Part 1.1, Article 6 of the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship”).

Clause 1 of the Letter of the Ministry of Education and Science of the Russian Federation dated August 31, 2010 No. 06-364 “On the application of legislation on guardianship and trusteeship in relation to minors” explains the procedure for transferring powers of guardianship and trusteeship to local government bodies. In short:

The possibility of vesting local government bodies with certain state powers is provided for in Art. 132 of the Constitution of the Russian Federation, paragraph 6 of Art. 26.3 of the Federal Law of the Russian Federation dated October 6, 1999 No. 184-FZ “On the general principles of organizing legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” and Part 2 of Art. 19 of the Federal Law of the Russian Federation dated October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation.”
Based on the interpretation of Part 1.1 of Art. 6 of the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On guardianship and trusteeship” and clause 6 of Art. 26.3 of the Federal Law of the Russian Federation dated 06.10.1999 No. 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation”: (a) powers of guardianship and trusteeship can be transferred to local government bodies of all types of municipalities, for in the territories of which there are no guardianship and trusteeship bodies formed in accordance with the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On guardianship and trusteeship”, that is, the corresponding executive authorities of the constituent entities of the Russian Federation; (b) the procedure for transferring powers of guardianship and trusteeship must be established by the law of the subject of the Russian Federation; (c) powers of guardianship and trusteeship are transferred in full.
Based on the foregoing, it follows that the Federal Law of the Russian Federation dated April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship” establishes the scope of powers transferred to local government bodies, which include all powers of guardianship and trusteeship without exception , as they are listed in Art. 8 of the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On guardianship and trusteeship.” The possibility of dividing these powers between the executive bodies of the constituent entities of the Russian Federation and local self-government bodies is not provided for by the Federal Law of the Russian Federation of April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship”.
The act regulating the activities of the guardianship and trusteeship body must necessarily indicate whether it has the status of a guardianship and trusteeship body (Part 2 of Article 6 of the Federal Law of the Russian Federation of April 24, 2008 dated April 24, 2008 No. 48-FZ “On Guardianship and Trusteeship” ).
When transferring powers to local self-government bodies, the legislation of a constituent entity of the Russian Federation must regulate, among other things, the following issues (Part 6, Article 19 of the Federal Law of the Russian Federation of October 6, 2003 No. 131-FZ “On the general principles of organizing local self-government in the Russian Federation”):
the procedure for reporting by local government bodies on the implementation of certain state powers delegated to them;
the procedure for government bodies to exercise control over the exercise of certain state powers delegated to local self-government bodies, and the names of the bodies exercising said control.

Thus (despite the powers of control assigned to the Federal Service for Supervision in Education and Science of the Russian Federation), in the event of transfer of powers of guardianship and trusteeship to local government bodies, the executive bodies of state power of the constituent entities of the Russian Federation must ensure proper control over the execution of these powers. Also, the executive bodies of state power of the constituent entities of the Russian Federation need to ensure coordination of the activities of local government bodies in the exercise of delegated powers.

Rights and responsibilities of guardianship and trusteeship authorities

First of all, the activities of the PLO are aimed at protecting the rights and legitimate interests of wards, providing them with a decent standard of living, as well as providing state support. In addition, their tasks include supervision of guardians and trustees, as well as control over the preservation of the property of persons under guardianship.

The tasks, powers, rights and obligations of the guardianship and trusteeship bodies are performed in accordance with the legislation of the Russian Federation. Among the most significant powers are:

registration of persons who need assistance;
a petition to the court to recognize a specific person as capable or incompetent;
organization of guardianship in general;
representing the interests of wards in court;
mandatory participation of guardianship and trusteeship authorities in court and civil proceedings in the event of a divorce of spouses who have a common minor child and cannot determine which parent the child will live with in the future;
conducting training for persons who have expressed a desire to adopt an orphan;
monitoring the living conditions of the ward;
release of guardians and trustees from their duties;
issuing permits to conclude transactions related to the property of wards.

Among other things, the conclusion of the guardianship and trusteeship authorities on the possibility of being a guardian is important. In order to obtain it, you will have to go through a serious procedure.

The conclusion has a certain validity period - 24 months from the date of its issue for guardianship and 12 months for adoption. It is this document that is the basis for filing an application by a person wishing to become a guardian.

So, we can highlight the following functions of the guardianship and trusteeship authorities:

identifying cases of orphanhood;
transfer of children deprived of parental supervision to a foster family;
protection of the rights and interests of orphans and incapacitated persons;
providing children left without parental protection with decent living conditions;
protecting the interests of wards during court proceedings.

If the life or health of a child is in any danger, who is obliged to notify the guardianship and trusteeship authority, it is the prosecutor. In addition, the OPP must immediately pick up the minor and provide him with temporary accommodation. No other individual or legal entity has such powers.

The legislation also provides for other powers of the above-mentioned bodies. Thus, the list of what the guardianship and trusteeship authorities do is very extensive.

Guardianship or guardianship in questions and answers...

Question: In what cases is guardianship or trusteeship of a child issued? Answer: a child left without parental care is placed under guardianship or trusteeship, namely: orphans; children whose parents are unknown; children whose parents are deprived of parental rights or whose parental rights are limited by a court decision, are recognized by the court as incompetent or missing, or are convicted; children whose parents, for health reasons, cannot personally raise and support them; children left without parental care who are in educational, medical and preventive institutions, social protection institutions or other similar institutions.

Question: What is the difference between guardianship and trusteeship? Answer: Guardianship is established over children under 14 years of age. Guardianship is established over children aged 14 to 18 years. The placement of a child under guardianship or guardianship is carried out taking into account his opinion. The appointment of a guardian for a child over 10 years of age is carried out only with his consent.

Question: What rights do guardians or trustees have in relation to a child? Answer: they have almost all the rights of a parent in matters of upbringing, education, and maintenance of the child and are responsible for the child up to 18 years of age.

Question: where should I go to register for guardianship or trusteeship? Answer: the necessary information on registering guardianship or trusteeship can be obtained from the guardianship and trusteeship department of the Local Administration of the city of Kronstadt, located at the address: Kronstadt, st. Zosimova 11, lit. Ah, kaab. No. 1, 2, tel. 311-25-41

Question: Can people who are capable of giving birth or who already have children adopt? If not, is it required to provide a certificate of inability to give birth to the guardianship authorities?

Answer: They certainly can! There is not a single legislative restriction on adoption by people who are capable of giving birth and/or have children, relatives and/or adopted children, wards, etc.

Question: Can a single person adopt a child?

Answer: Yes, it can. The law provides for adoption by a married couple, one of the spouses or a single, unmarried adoptive parent. The difference in the procedure is minimal: a married couple presents a marriage certificate to the court, a single adoptive parent presents a birth certificate. It should be noted that guardianship authorities treat single adoptive parents more carefully and carefully study the motives for adoption and the family situation in the candidate’s home.

In addition, the Family Code (clause 2, article 127 of the RF IC) prohibits unmarried persons from jointly adopting the same child. In some countries, where there are enough people willing to adopt, there are similar restrictions and only a married couple can adopt. Such demands are justified: a single parent faces great difficulties in raising and providing for a child. Single-parent families are at risk, and you should first think very carefully about whether you can cope with psychological and financial difficulties, give a full education to your child, whether your “rear” is strong enough for this, and whether the risk is justified.

Question: What are the age restrictions for adoptive parents and guardians?

Answer: Only adult citizens can adopt; there are no legal age restrictions for adoptive parents and guardians. The minimum age for children to be placed under guardianship or adoption is not specified in the legislation. There is only a restriction on the minimum age difference between a single adoptive parent and a child - it must be at least 16 years old (Clause 1, Article 128 of the RF IC). In addition to the norms of the law, it is necessary to take into account one’s own capabilities for the future, the perception of others, and through very a little time - and with the child’s opinion. First of all, difficulties arise from the fact that the child’s needs increase with age, both in material terms and in terms of active communication. The most difficult thing for parents is with teenagers - they need to buy expensive fashionable clothes, spend money on additional activities, etc., be flexible and have a reserve of strength and patience to actively participate in the life of a teenager, otherwise his life will be filled with the street. No matter how much we would like to distract ourselves from our own age, no matter what forces and intentions guide us, we must understand that age matters. For older host parents, it would be wise to focus on older children and, for starters, choose such a form of arrangement as guardianship, since it allows both the guardian and the child to receive support from the state (payment for child support, benefits when entering a university, provision of housing if the child does not already have one, etc.)

Question: How much does it cost to adopt a child for Russian citizens?

Answer: All adoption procedures are free. Submitting applications, medical examinations of candidates and children, obtaining all certificates - everything is free. There is no state fee charged in court. However, costs associated with adoption are inevitable. It is worth considering the costs of: transportation, if you have to look for a child in another area, and temporary accommodation there; possible legal services; and, of course, preparing the home for welcoming a child: purchasing furniture, clothes, toys, books, etc.

Question: I heard that there is a huge waiting list for adoption. Is it so?

Answer: No, that's not true. Unfortunately, there are many more abandoned children than there are people willing to adopt them. Whether or not you have to stand in line depends on the requirements you place on your child. Very often, adoptive parents want to adopt an absolutely healthy newborn girl with light eyes and hair. But there are few such children, and there are many who want to take just such a child. Some people want to resort to simulating pregnancy, and finding a newborn baby is even more difficult.

On the other hand, there are a lot of unclaimed children who are slightly older or have minor health problems, which is why they are left without parents. Therefore, you should either prepare for an indefinite period of waiting for a suitable child, or give in a little in your demands. Moreover, when placed in a warm home environment filled with love and care, any child flourishes, and medical problems are compensated for.

Question: What housing benefits do adoptive parents receive?

Answer: There are no such benefits for adoptive parents. Moreover, the requirements for adoptive parents include the requirement to have living space sufficient to accommodate the child in compliance with current sanitary standards.

Question: Is there a great risk that the birth mother will persistently search for the adopted child and try to take him away from me?

Answer: Such cases are quite rare and occur more often when adoptive parents violate the basic principles of ethics. First of all, this happens when childless spouses, wanting to adopt a healthy newborn from a young or distressed mother, look for solutions to unscrupulous doctors who promise to find such a child. Through persuasion, and sometimes deception, they contribute to the mother’s thoughtless abandonment of her child. Subsequently, having matured, having come out of the crisis, such a mother, and often all her relatives, go looking for the child and even sue to cancel the adoption, and the adoptive parents are forced to hide, explain themselves to the guardianship authorities, the grown child, or may become a victim of blackmail.

Question: Guardianship authorities, what and where are they?

Answer: “Guardianship and trusteeship authorities” is the general name for all bodies that ensure the protection of children’s rights. Specialists in protecting the rights of children from local self-government bodies work directly with adoptive parents, guardians, and foster families (clause 2, article 121 of the RF IC). Such a specialist, depending on the region of your residence, may be located either in the district/regional executive authorities or in the district education departments. In St. Petersburg, guardianship and trusteeship departments are located in local government bodies.

The responsibilities of the guardianship authorities, among many others, include: identifying children in need of protection, placing them in institutions and families, protecting property rights, checking the situation of children.

Question: How is the procedure for adopting a wife’s (husband’s) child different?

Answer: The procedure differs little from ordinary adoption. However, since the child is known and the wife (husband) agrees to adoption, the guardianship authorities do not need to draw up a separate Conclusion on the possibility of being an adoptive parent and there is no need to contact the database operator with a request to search for the child and you can immediately go to court, which means the entire procedure will go much faster; most stepfathers of such adoptions do not take more than 1-2 months. For stepfathers and stepmothers, housing requirements (clause 12 of Article 127 of the RF IC) and restrictions on the difference in age between the adoptive parent and the adoptee (clause 2 of Article 128 of the RF IC) do not apply.

Question: We don’t have time to deal with paperwork and search for a child, but we are wealthy people and can pay for the company’s services, where should we go?

Answer: Intermediary services in the selection of children for adoption are prohibited by law and there are no legal organizations, except for guardianship authorities and regional operators, authorized for such activities (Article 126.1 of the RF IC), in addition, the adoption procedure is structured in such a way that the most important and time-consuming stages are: Adoptive parents must undergo a medical examination, choosing a child, getting to know him and his documents, and participating in court in person! Adoption, like the birth of a child, radically changes the way a family lives. Nature has allocated 9 months to prepare for childbirth; this is not only physical, but also moral preparation. During adoption, pregnancy partly replaces paperwork, searching and communicating with the child; if you skip this stage, it will be much more difficult to feel like parents.

Question: We are registered in one city, but live in a rented apartment in another, which guardianship authorities should we go to?

Answer: Guardianship authorities are required to work with citizens at the place of their actual residence, but this must be documented. It is optimal if this is a registered rental agreement with a duration of at least a year and registration at the place of residence. The presence of these documents does not replace the need to provide documents from your place of permanent residence. An examination of living conditions must be carried out at the place of the child’s future residence.

Question: What is the first step in adoption?

Answer: The first step is to contact the guardianship authorities at your place of residence to obtain an opinion on the possibility of being an adoptive parent. The specialist’s task is to listen to you, find out the motive for adoption, explain the requirements of the law, the rights and responsibilities of adoptive parents in relation to the adopted child, outline the sequence of the registration procedure, answer your questions and issue the necessary forms.

Question: In what time frame and from what moment should the guardianship authorities consider the application of citizens intending to adopt?

Answer: The law establishes a period of 15 working days from the date of acceptance of the application and the necessary documents prepared by the future adoptive parent. This period includes the consideration and verification of these documents, an examination of living conditions (if the adoptive parent actually lives in the given territory) and the issuance of a conclusion on the possibility of being an adoptive parent.

The guardianship and trusteeship authority brings the negative conclusion and the refusal based on it to register as candidates for adoptive parents to the attention of the applicant within 5 days from the date of its signing. At the same time, all documents are returned to the applicant and the procedure for appealing the decision is explained.

Question: The employer does not want to indicate the actual amount of my husband’s salary, and if we count only “white” payments, then we do not reach the standard, what should we do?

Answer: You probably did not explain for what purposes such a certificate was for you and the employer is afraid that it will turn up in the tax authorities. Without disclosing the purpose of such a certificate, you can try to explain that in this case it is needed to justify your compliance with the property qualification; this happens not only in adoption, for example, to obtain a visa to some countries, a loan.

Question: The child we have chosen has two older brothers, can we only adopt the younger girl?

Answer: The law allows children to be separated only as a last resort, when the children do not know each other or one of the children being separated is disabled and is in a specialized institution and the adoption of one of them is in his interests. The interests of the adoptive parents are not taken into account since adoption is a form of child protection. However, such a requirement is presented only in case of adoption, because it destroys family ties and the court makes a decision on the possibility or impossibility of such adoption. However, separation of children is allowed when guardianship is established, since in this case the children do not lose family ties with each other. However, even when establishing guardianship, they still try not to separate children if they are brought up in the same institution and are attached to each other.

Question: I am a Russian citizen, and my husband is a foreigner and wants to adopt my child. Where should we go and what is the adoption procedure in this case?

Answer: You must contact the guardianship authorities at the place of registration of the child.

If you live in Russia, then the procedure is simpler, since in Section VII of the Family Code of the Russian Federation on the application of family law to family relationships involving foreign citizens and stateless persons there is Article No. 165 “Adoption”, which reads: “Adoption ) on the territory of the Russian Federation by foreign citizens or stateless persons married to citizens of the Russian Federation, children who are citizens of the Russian Federation are carried out in the manner established by this Code for citizens of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation.”

If you have the status of a Russian citizen permanently residing abroad, then your husband will have to obtain preliminary permission first in Russia, then go through part of the procedures in the host country and then the judicial part again in Russia. If the child also has the status of having left with you for permanent residence, then due to the strong differences in the laws of different countries, it is better to first consult with the Russian consulate.

Question: We are Russian citizens, we currently live abroad and want to adopt a child from Russia. What is the technology of such adoption?

Answer: It very much depends on your status. If you have temporarily gone abroad for study, work, or have maintained registration and housing in Russia, then adoption is possible according to the rules for Russian adoptive parents permanently residing in Russia. The second important factor is the opportunity to come for a month or two to undergo all the procedures in Russia.

If not, and you are registered in Russia as having left for permanent residence abroad, then now it has become much more difficult to adopt, since such citizens are practically equated with foreigners. Because of this, you will have to prepare permits in the host country. The procedure for adoption in both cases is regulated by Government Decree No. 275 of 03/29/2000, and the list of documents for foreign citizens and Russians who have left for permanent residence is regulated by Order of the Ministry of Education and the Ministry of Health No. 342/184 of 08/31/1994.

Question: What should I do if my child starts looking for his parents?

Answer: The best thing you can do in such a situation is to help look for blood relatives. Usually this question is asked by those who do not yet have children or are still very small and perceive them as some kind of property. Those who have older children, most of them already understand that a child is an individual with his own rights and opinions that must be respected. Therefore, opposition can undermine family relationships to a much greater extent than a positive search result. By the way, the search is mainly carried out by those who know nothing about the blood family and cannot compare. The more a child knows about blood relatives, the less desire he will have to search for them; there is no secret, there is no emptiness - there is no need to fill it.

Question: Can guardians live separately from their wards?

Answer: No, only trustees can live separately from wards. The Civil Code (Part 2, Article 36) establishes the obligation of guardians and trustees to live together with the ward. “Cohabitation” here means living in the same residential premises (apartment, house). Guardians can live separately from wards only if the ward is 16 years old and the guardian has obtained permission from the guardianship and trusteeship authorities to live separately. In this case, you will have to prove that it is necessary to live separately, and the rights and interests of the child will not be violated. If such a need arises, the guardian must contact the guardianship and trusteeship authorities with a written application. Separation does not terminate the rights and obligations of the guardian in relation to the ward.

Question: My sister is now in a difficult situation and cannot raise her son herself. I would like to take him with me and get guardianship, is this possible without depriving my sister of parental rights?

Answer: Possibly. In accordance with clause 1. Art. 145 of the Family Code, a child whose parents cannot raise them themselves belongs to the category of children left without parental care. You need to contact the guardianship and trusteeship authorities and provide the relevant documents confirming the current situation, for example, certificates of illness of the mother. A parent can be deprived of parental rights only if they behave guilty (this includes avoiding raising a child, cruelly treating a child, etc.) or are chronic alcoholics and/or drug addicts, etc. However, there is one “but”: if the child does not have the status of being left without parental care and is placed under guardianship voluntarily, then child support benefits are not accrued (you support him entirely at your own expense).

Question: I would like to take custody of the 5-year-old daughter of a former neighbor, is it true that if an adoptive parent is later found for the child, she will be taken away from me?

Answer: No. In accordance with Art. 131 of the Family Code, for the adoption of a child under guardianship, the written consent of his guardian is required. Despite the fact that paragraph 2 of the same article states that the court has the right to make a decision on the adoption of a child without the consent of the guardian, this measure is exceptional and is practically not used in practice.

Question: In all cases, do guardians receive funds to support the ward?

Answer: The assignment and payment of funds for child support is made for orphans and children left without parental care, whose parents are unknown or are not able to personally raise them due to:

with the death of parents;
declaring them dead (by court);
with deprivation or restriction of their parental rights (by court);
recognition as missing or incompetent, with limited legal capacity or declaring them dead (also by court);
consent of the parents to adopt a child raised in an orphanage;
with a long-term illness that prevents parents from fulfilling their responsibilities;
serving a sentence in correctional institutions or being held in custody during the investigation period;
wanted by internal affairs bodies in connection with evasion of alimony payments, lack of information about their location (if any, a search case opened by the police).

No funds are allocated to those wards whose parents can personally raise and support their children, but voluntarily transfer them to the care of other persons. For example, they are on long business trips, live separately from their children, but have conditions for their maintenance and upbringing, etc.

Question: Does the guardian have the right to use the child’s funds at his own discretion, for his own needs?

Answer: Money paid for a child under guardianship is spent by the guardian or trustee exclusively for the needs of the child (for the maintenance of the child, the purchase of clothes, shoes, for education) in accordance with paragraph 1 of Article 37 of the Civil Code of the Russian Federation with the permission of the guardianship and trusteeship authority.

Question: Should a guardian provide reporting to the guardianship authorities for the funds paid to him for the maintenance of the child?

Answer: The legislation provides for a specific annual form of reporting by the guardian or trustee to the guardianship and trusteeship authorities for the expenditure of funds with the provision of relevant checks, receipts, etc.

Question: Does a guardian have the right to prevent biological relatives from visiting the child under their care?

Answer: Yes, it does, if there are good reasons for it. Paragraph 3 of Article 150 of the Family Code of the Russian Federation says: “A guardian or trustee does not have the right to prevent a child from communicating with his parents and other close relatives, except in cases where such communication is not in the interests of the child.” If parents are deprived of parental rights, they have no right to communicate with the child at all. by law they are strangers to him. If the child's relatives come to a meeting drunk or otherwise indecent, or behave aggressively, incite the child against the guardian, or otherwise negatively influence the child, the guardian may decline such meetings. In addition, the guardian independently establishes the time and place of communication between relatives and the child. If a conflict arises with relatives, it is resolved with the participation of the guardianship authorities, and if an agreement cannot be reached, then through the court.

Question: can a guardian go on leave to look after a child?

Answer: At the request of the guardian actually caring for the child, he is granted leave to care for the child until he reaches the age of three years (Article 256 of the Labor Code)

If you are interested in our information and have any questions, please contact the Department of Guardianship and Trusteeship of the Local Administration of the city of Kronstadt at the address: Kronstadt, st. Zosimova, 11, office. 1, 2 or call tel. 311-25-41 to the specialists of the guardianship and trusteeship department Elena Anatolyevna Parshina, Veronika Sergeevna Bondarenko, who will answer all your questions.

Protecting the rights of children left without parental care

A child may lose parental care for various reasons:

their death,
long absence,
refusal to fulfill parental responsibilities;
restrictions on their implementation and others.

In such cases, the functions of protecting minors are assumed by the competent institutions.

The powers of guardianship and trusteeship authorities to protect the rights of minors are determined by law. When orphans are identified, they first look for existing relatives and provide the children with temporary housing.

In the future, the Family Code of the Russian Federation provides for the following forms of placement of children:

adoption;
transfer to guardianship or trusteeship;
transfer to a foster family;
placement in various institutions (educational, medical, social protection).

The activities of guardianship and trusteeship authorities to protect the rights of the child are aimed at registering orphans and monitoring the conditions of their detention.

Types of social assistance for orphans

The state provides every possible support to children who are left without parents. The form of support depends on where the minor is placed.

Thus, citizens who have taken children into their care are paid:

one-time benefit;
monthly payments for each minor;
assistance that parents usually receive (until the child reaches the age of three, for a disabled child, and so on).

Protection of the interests and rights of orphans and children left without parental care is carried out by providing them with:

benefits for travel in city or suburban transport;
annual vouchers for sanatorium-resort treatment and health camps;
housing under a rental agreement;
specialized residential premises;
free place in a hostel and so on.

conclusions

Everything that is in one way or another connected with the protection of the rights of minors deprived of parental care or incompetent persons must go through the PLO. They are required to be involved when considering a case of deprivation of parental rights. The structure of organs in each region may differ, but they perform the same functions.

You can quickly find out the latest news in the social sphere thanks to the Internet. The main thing is to choose the right source. The official website of the Russian Federation (regional ministry or department) contains a lot of useful information for those who need help and who are interested in guardianship and trusteeship.