Foster family and adoption: what is common and what is different

For thousands of Russian children left without care, adoption is the only chance to experience the joy of a full-fledged family. Adopting a child is the best way to create strong family ties between children and future parents.

The process always takes place with the participation of the judicial system. Guardianship and trusteeship authorities are also directly involved in the process, since new parents are not always able to adequately assess the future hardships of raising adopted children.

What do you need to adopt in 2019 ? What documents will be needed and where should I apply? This article provides important information for married couples who have decided to take this step.

Important: When adopting, parents undertake to give the child full moral, mental and physical development.

Condition of adoption

The legal basis for the procedure and conditions for adoption are set out in the Family Code, Art. 19. For childless citizens, one of the first questions is “will they allow me to adopt a child?”

In accordance with the requirements of the RF IC, adoption is permitted to persons of both sexes upon reaching the age of majority.

According to Art. 127 of the Family Code, adoption will be denied:

• incapacitated persons;
• limited capacity;
• married couples in which one of the partners has been declared partially or completely incompetent by the court;
• deprived of the right to be a parent,
• limited court in civil rights;
• removed from guardianship due to improper performance of duties;
• former adoptive parents whose rights were revoked by a court decision due to an offense committed;
• persons for whom adoption of a child is impossible due to health reasons;
• persons who are unable to provide a living wage for children or a child with their income (in their region of residence);
• persons without permanent residence (except for indigenous peoples of the Russian Federation who lead a nomadic lifestyle due to their national and cultural way of life);
• persons prosecuted under the Criminal Procedure Code (with the exception of those rehabilitated),
• persons who have committed various criminal acts against life or health;
• persons in same-sex unions.

Potential adoptive parents must undergo a medical examination, based on the results of which a permitting conclusion is issued.

If several persons apply competitively for the adoption of one child, priority will be given to a family that is related to the person being adopted.

For good reasons (a stepfather or stepmother, brother or sister is adopting), the court may make a positive decision, despite the established minimum age difference of 16 years between the adoptive parent and the adoptee.

Basic rules of adoption

The Federal Law on the adoption of children presupposes several main features that must be observed in the process of creating a foster family:

1. Only minors can be adopted. When a child reaches ten years of age, the procedure cannot take place without his consent.
2. Transferring a baby to a foster family is possible only if all the interests of the child are respected. We are talking about creating acceptable conditions for his physical, spiritual, mental and moral development. Territorial, religious, educational and national factors should also be taken into account.
3. Protection of family ties. Adoption of sisters and brothers by different people is prohibited. They can only be placed in foster care together. An exception to this rule can only occur if the current situation requires it.
4. Sequence. The child is a citizen of the Russian Federation, and the priority task of the state is to transfer him to a Russian family. The next line of adoptive parents includes foreigners and those persons who do not belong to any country. Adoption of a child by such a person is possible only if there are no potential guardians among Russian citizens.

The situation with foreign adoptive parents is quite complex and twofold. On the one hand, in this way it is possible to provide the child with a better future in a prosperous country. On the other hand, it is necessary to take into account the very frequent cases of abuse of Russian children in foreign families. In view of the last factor, a complete ban on such a procedure or toughening of requirements in relation to foreign adoptive parents is quite possible in the near future. However, abuse of adopted children in Russian families also occurs. Regarding the order of adoptive parents, the current Family Code defines the following sequence:

• the first priority includes persons who are related to those being adopted;
• second stage – citizens of the Russian Federation;
• foreigners can apply for an adopted child in the last place.

Stages of the adoption procedure

The first stage is collecting documentation and submitting an application to the guardianship and trusteeship authority

Persons who have expressed a desire to become parents must fill out a corresponding application with the guardianship authority with a request to make an opinion on the possibility of them adopting a child in an orphanage.

The following documents are required for adoption:

• autobiography form (full name, address, contacts, citizenship);
• passport – original and copy;
• certificate of financial security: certificates from places of work (position, salary amount indicated), income statement (copy);
• personal account of utility services, a copy (indicating the absence of debt), an extract from the house register, confirmation of ownership of the living space;
• certificate of no criminal record (updated certificate, requested in advance);
• the result of a medical examination (valid for 3 months);
• marriage certificate, copy.

The guardianship authority (CCA) sends a special commission to inspect the living space for compliance with the required level. Based on the results of the inspection, a report is drawn up.

within 15 working days . If the decision is positive, applicants are registered as candidates for possible adoption of a child.

In case of refusal, 5 days after signing the conclusion, the applicant receives a notification along with the submitted documents, an explanation of the reasons for the negative decision and the procedure for appealing it.

Stage two – searching for a child for adoption

Having registered for registration, PLO employees give candidates access to the state database of children with a referral to an orphanage to visit them.

The issued referral is valid for 10 days and gives the right to visit one child. The document can be extended if there is a good reason: business trip or illness.

In some situations, potential parents cannot make a choice. In this case, they have the right to contact the PLOs supervising other districts.

Based on the results of the visit, candidates must inform the operator of the state data bank about children in writing about the decision made.

Before adoption, candidates have the right:

• study all available information about the child: status of parents, presence of relatives;
• conduct a medical examination of the child being adopted (with the participation of a representative of the child care institution)

Candidates are required to:

• getting to know the child;
• inspection of documents relating to the adoptee;
• written confirmation of familiarization with the conclusion of a medical examination of the child’s health.

The search for a child is not limited to the information contained in the database. If necessary, a citizen can submit an application for further search for the child. The operator is obliged monthly notifications to candidates about new children's profiles in the state database.

If the candidate has not responded to the repeated notification about the appearance of new children's profiles, the search for him is resumed after a written application.

The third stage is the consideration of the case in court.

The court hearing is held according to the territorial location of the child’s place of stay in the child care institution. The court hearing is initiated by the candidate adoptive parent based on an application.

The application must indicate:

• contact details of the adoptive parents, full name and residential address;
• details of the child being adopted: full name, date of birth, address, information about all known relatives and parents;
• documentary substantiation of the circumstances for which the adoptive parents submit the request;
• request to change the name, place and date of birth of the child being adopted, registration of the adoptive parents in the registry office as the child’s parents.

Requirements for adoptive parents

For citizens who decide to become adoptive parents, desire alone is not enough. Authorized state bodies establish a number of requirements for each applicant:

1. Having full legal capacity;
2. Providing reliable information about yourself.

A special commission carefully examines the compliance of a potential adoptive parent with the following criteria:

• Level of physical health;
• Psycho-emotional characteristics;
• Moral and ethical side;
• Addiction to bad habits;
• Level of material wealth.

The final verdict establishing permission to adopt a child or refusal to transfer a minor to another family is formed by a representative of justice. When examining the circumstances of the case, the court gives preference to candidates from among:

1. Close relatives of the adoptee;
2. Couples raising their own young children;
3. Persons in an official marriage union.

The adoption procedure differs from the guardianship/trusteeship design precisely in the body confirming the legal rights in relation to the child. Adoption is allowed only on the basis of a decision of a judicial authority; guardianship or trusteeship is carried out on the basis of an act of the body of the same name (guardianship and trusteeship authority).

Additional documentation for the application

• a copy of the adoptive parents' birth certificates (for an unmarried adoptive parent);
• a copy of the marriage certificate;
• consent of the second spouse to adopt the child; in the absence of a spouse - confirmation of termination of family relations or proof of separation for more than a year, other evidentiary documents;
• results of medical examination of potential parents;
• certificates from the place of employment: the position and income are indicated; copies of income statements;
• a document confirming the rights to use housing;
• confirmation of the citizen’s registration as a candidate adoptive parent.

All documentary materials for the case are submitted in duplicate

The form of the adoption meeting is closed. In addition to the procedurally involved persons, a child may be present at the meeting if he is over 14 years old , and interested parties, among whom may be biological parents.

By granting the applicants' request, the court recognizes them as the child's legal parents with new rights and responsibilities. The court decision is sent to the registry office within three days .

Child from maternity hospital

If the child is in a maternity hospital, adopting citizens write a petition to the court for a speedy decision, since the review procedure usually lasts 10 days .

In addition to permission for guardianship, the list of documents in this case is also supplemented by a certificate from the maternity hospital. This allows you to pick up the baby immediately after the court decision. The maternity hospital issues a postpartum certificate, with which the parents go to the registry office for a birth certificate.

About the secret of adoption

One of the most important aspects of adoption is the right to privacy, on which the favorable conditions created for the child largely depend. Therefore, the Family Code of the Russian Federation prohibits the disclosure of information about this procedure to officials, judges and other people involved in this process.

Dissemination of such information without parental consent may result in penalties provided for by law. This restriction is lifted when the child reaches adulthood.

Features of adoption

It is important to understand the difference between adoption and foster care.

The law does not provide for any payments to adoptive parents other than a one-time benefit. The size of the state's financial participation is limited to benefits, as for ordinary families. Children in such families are full members with the right of inheritance.

To support children for whom, due to their legal status, the adoption procedure cannot be applied, social policy provides for the institution of a foster family.

In this case, the foster parent, under an agreement that determines the period of the child’s stay in the foster family, in addition to benefits, also receives an allowance with accrual of length of service. At the same time, the educational institution conducts continuous monitoring of the child’s condition and development.

Permission from interested parties

The procedure for adopting a child in court is preceded by another important point - obtaining permission for the minor to move to another family from his previous legal representatives or guardians.

The specified permit document is drawn up in writing and certified by a notary. A positive decision of the biological parents/guardians to adopt a child can only be canceled if the corresponding verdict of the justice body confirming the transfer of the pupil to another family has not entered into force.

If biological parents do not have full legal capacity (their age is under 18 years), then, according to the letter of the law, this authority becomes the competence of:

1. Their immediate guardian/legal representative (grandparents of the child being adopted);
2. A representative of the guardianship and trusteeship authority (if the guardian or legal representative of the biological parent has lost the corresponding rights).

Potential adoptive parents are exempt from the obligation to seek permission from interested parties if one of the following legal facts about the biological parents occurs:

• Considered missing;
• Not installed;
• Lost legal capacity;
• Lost parental rights in relation to the child being adopted;
• Died/died.

Nuances:

1. Adoptable children over 10 years of age have the right to express their own opinion regarding the candidacy of adoptive parents, which will be recorded in the relevant act and taken into account;
2. When adopting, the opinions of the following persons are additionally taken into account:

• Children of the adoptive parent who are in his care;
• Spouse of the adoptive parent.

Procedure for adopting a child

Transfer of a child to another family for upbringing is possible after candidates successfully complete each of the following points:

1. Preparation of necessary documents;
2. Applying to the authorized departments with a statement of desire to adopt a child;
3. Conducting a comprehensive check of applicants-adoptive parents;
4. Acquisition of the status of potential adoptive parents by candidates;
5. Visiting an institution where children without parental care live;
6. Getting to know the children and identifying the pupil in respect of whom the adoption procedure will be carried out;
7. Obtaining information about a specific pupil of a social institution from the administration;
8. Establishing close contact and trusting relationships with the child;
9. Obtaining permission from biological parents or other interested parties (if any and known);
10. Familiarization with the child’s opinion (if the student is 10 years old or more);
11. Preparation of documents for court hearings;
12. Involvement of third parties in the case:

• Representative of the guardianship and trusteeship authority;
• Prosecutor;
• Guardian;
• Teacher;
• Biological parents (only if they retain full parental rights in relation to the adopted child and are ready to take measures to defend them);

1. Consideration of the case on the merits and the issuance of a final verdict, which comes into force on the day such a decision is made;
2. Transfer of adoption documents by the court to the registry office.