How do i adopt a child in michigan

Michigan Foster Care and Adoption – AdoptUSKids

Thank you for considering adoption and foster care.

On this page:

• State contact information
• Foster and adoption licensing requirements
• Costs to foster and adopt
• Agency contact and orientation information
• Post-adoption support services
• Information on Michigan's waiting children
• Additional resources

State contact information

For adoption:
MARE (Michigan Adoption Resource Exchange)
800-589-MARE (800-589-6273)
[email protected]

For foster care:
Foster Care Navigator Program
1-855-MICHKIDS (642-4543)

Foster and adoption licensing requirements

Here is a brief explanation of the different ways families and individuals help bring love and stability to the lives of children.

• Foster care is meant to be temporary; adoption is meant to be permanent.
• Because foster care is considered to be a temporary placement, it is not a good idea to become a foster parent with the expectation that you will always be able to adopt a child placed in your care. A foster parent is expected to work with the agency and birth parents in the hopes that the family will be reunited.
• If parental rights are terminated, though, relatives and/or foster parents will be considered first as adoptive homes for the child.
• There are children whose parental rights have already been terminated, and these children need adoptive families.
• Once your licensing process is complete, you may start inquiring about children in whom your family is interested. Your adoption worker will share information about your family – including your family assessment – with the child’s worker. Usually, workers gather information on multiple families at the same time to find a family that best meets the needs of the child. Once the family has been chosen, the child’s worker will share more in-depth, detailed information with the family’s adoption worker. Usually called a child assessment, this report contains information such as how the child came into foster care, how long the child has been in care, how many placements the child has lived in, and any diagnoses the child may have. It is then up to the family to decide if they want to proceed with an adoptive placement.

Who can foster or adopt?

• You do not have to be married to foster or adopt a child or children. Many children will thrive in a single parent home.
• You do not need to own your own home. A rented home or apartment is fine, as long as there is adequate bedroom space per child. The home must be free from health and fire hazards and must have a safe play area for children.
• You do not need to be rich to adopt or be a foster parent. Even if you receive some type of financial assistance, you are still eligible to provide foster care or adopt as long as you have resources to provide for your family.

Anyone applying to foster or adopt must meet the following qualifications:

• Be at least 18 years of age
• Complete a licensing application  
• Successfully complete background clearances for all adult household members  
• Provide medical statements for all household members
• Have an environmental inspection (when applicable)
• Provide three acceptable references
• Pass on-site visits to the home by the licensing worker
• Attend training pertinent to foster care issues

If you have a spouse or live-in-partner, they will also be required to participate in the home study process as well as attend the Grow training series (Grow culturally responsive relationships, Recognize children’s developmental needs and the impact of trauma, Obtain information and resources, Work in partnership with families to support healthy relationships with you.

For more information, the Michigan Adoption Resource Exchange (MARE) website provides answers to frequently asked questions.

Costs to foster and adopt

Adoption

Most private agencies in Michigan will complete your home assessment free of cost. There are some private agencies that will require a home assessment fee. Ask the agencies you contact if they have any upfront fees you should know of.

Once a family adopts a child from the foster care system in Michigan, the family must be reimbursed that fee by the agency for a Michigan child. If the family adopts a child from another state’s foster care system, that family may be reimbursed through that state’s nonrecurring adoption expenses. Also, if a child in foster care is eligible for a subsidy, then the adoptive family may be eligible for reimbursement of limited nonrecurring adoption-related costs. Most families are only responsible for court filing fees and the new birth certificates, which is approximately $200-250 per child.

Foster care

There is financial assistance available for those who provide foster care. Foster care payments are not meant to cover all expenses incurred in raising a child; rather, these payments are meant to help offset some of the cost. Foster parents are given a modest initial and semiannual clothing allowance as well as a holiday allowance for youth placed in the home. The amount paid is dependent on the needs of the child, not the family. The amount is set by the State agency responsible for the child’s care. Children in foster care are also eligible for dental, medical and vision coverage through Medicaid, daycare subsidies, free school meals, WIC, high school graduation and prom expenses and tuition assistance for older youth. Eligibility for these and many other supportive services for families caring for youth in foster care are not based on the foster parents’ income.

Agency contact and orientation information

Michigan has adoption navigators and foster care navigators to help prospective adoptive or foster families complete the approval process. Navigators are experienced adoptive or foster parents who have completed the home study process, gone through many hours of parent and professional staff training, and welcomed children to their families.  Working with an adoption or foster navigator is a free, voluntary service provided by MARE and the Foster Care Navigator program, and families are not required to work with the adoption or foster care navigator program.

For questions about adoption navigators, contact MARE at 800-589-MARE (6273) or email [email protected].

For questions about foster care navigators, contact the Foster Care Navigator Program at 1-855-MICHKIDS (642-4543) or contact the navigator team for your region.

Adoption

Michigan Department of Health and Human Services offices do not provide adoption services. Therefore, you will need to identify a private agency that can provide the adoption services you require.

Contact the agency nearest to you for orientation and training information. Find a licensed agency near you on the MARE website. 

Foster care

Every county has a local Department of Health & Human Services agency, and many counties have private agencies contracted with the State of Michigan to provide foster care services to families.

To obtain orientation information, please contact the agency nearest to you or go to the Foster Care Navigators Program for help finding an agency in your area.

Post-adoption support services

See a comprehensive list of post-adoption and guardianship support services and support groups available to families who live in Michigan.

Information on children

There are approximately 14,000 children in foster care in Michigan, and each year approximately 3,000 of these children will become legally free for adoption.  On average, 300 children are waiting with no identified families. Will you be able to step up for Michigan’s children?

Additional resources

Please consult the Michigan Adoption Resource Exchange (MARE) for a comprehensive calendar of support group meetings, conferences, and training opportunities.

For more information, please contact the Michigan Adoption Resource Exchange (MARE) at 800-589-MARE (6273) or email [email protected].

American Adoptions - Michigan Adoption Requirements

What do I need to adopt a child in Michigan? 

According to the Child Welfare Information Gateway, the specific Michigan qualifications to adopt a child are few. In Michigan, you may meet the requirements to adopt if you are:

This means that Michigan has no specific adoption age limit, nor do you have to be married to adopt. However, there are a few adoption qualifications that aren’t specific to Michigan that Michigan families will have to follow. All families who wish to adopt must first complete a home study, which is essentially an assessment of your home and family performed by a social worker. Your home study professional will conduct the assessment in three different phases:

1. The documentation phase. This will require the gathering of background checks, financial records and medical records to show that you are financially and physically healthy enough to add to your family through adoption.

2. The home inspection. Your social worker will enter your home and ensure that all safety precautions have been taken for a child. He or she will point out any areas for possible improvement.

3. Interviews with each family member in the house. This is to ensure that everyone is feeling positive about and ready for adoption. Everyone needs to be on the same page before a child is brought into the home.

In addition to meeting Michigan’s adoption requirements and completing a home study, different adoption professionals may also have their own qualifications to adopt a child using their services. For more information about the adoption qualifications American Adoptions requires its families to meet, call 1-800-ADOPTION.

Can a felon adopt a child in Michigan?

Occasionally, we receive questions about whether felons are able to adopt. There is no black and white answer to this question. Whether or not you will meet the requirements for adopting a child in Michigan depends largely on the nature of the felony. If it was a crime of a violent nature or one that involved a child, you will most likely not be approved to adopt. If, however, it was a non-violent crime and you can explain the circumstances to your social worker as well as what you’ve learned and how you’ve changed, you may still meet Michigan adoption qualifications.

What are the emotional qualifications to adopt a child?

A quick chat with a social worker will determine whether you meet Michigan’s legal adoption requirements, but it’s just as important that you are emotionally prepared for adoption. Before you can meet the emotional adoption qualifications, make sure you:

• Have moved on from infertility, if this is something that you and your partner have struggled with

• Have fully embraced the opportunity to grow your family through adoption

• Are as enthusiastic about growing through adoption as you would have been to grow biologically

• Come to terms with the fact that adopting a child will come with both emotional highs and emotional lows

• Told the people closest to you about your adoption plan

What are Michigan’s requirements for adoption from foster care?

Because private adoption and adoption from foster care are different, Michigan’s foster care system may have different adoption requirements. To adopt from foster care or to become a foster parent, you must:

• Be at least 18 years old

• Complete an application for a license

• Complete background checks

• Provide medical statements

• Have a completed home study

• Provide three references

• Attend relevant training

If you meet Michigan’s adoption qualifications, either for foster care or for private adoption, congratulations! Adoption is a beautiful journey and a wonderful way to add to your family. For more information about adoption in Michigan with our agency, contact an American Adoptions social worker at 1-800-ADOPTION. 

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Information available through these links is the sole property of the companies and organizations listed therein. America Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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Market Alternative in Adoption and Foster Care | Library

The experience of privatizing various elements of the adoption mechanism in two American states, for all its shortcomings, clearly indicates that the creation of competition in this area will eliminate the black market that flourishes there, and will also reduce the influence and financial rewards of various intermediaries.

Nearly one million children in the United States are victims of neglect or abuse each year. At any given time, approximately 581,000 children in the country are being fostered by foreign families, and more than 125,000 are candidates for adoption. Approximately 17% of them have been in foster care for more than 5 years, although this is considered a temporary measure (US Department of Health and Human Services 2001). nine0005

The average age of children in foster care is 10 years. Many of those who are older cannot even be given to someone else's family: 8% are in "group homes" for difficult teenagers, and another 10% are in child care facilities. Unfortunately, a significant number of children who spend a long time in foster care, during which they usually have to change several guardians, become criminals. A study in Rochester, New York found that 90% of teenagers who had to live in five or more foster families join the ranks of juvenile delinquents (US Department of Justice 1999). In addition, minorities are disproportionately represented among these children. Thus, blacks make up 39% of children in foster care and 42% of candidates for adoption, while their share in the total US population is 12.3%.

It is more difficult for older children from ethnic minorities to find foster parents. Nationwide, the waiting time for adoption for a healthy child ranges from one to seven years. The adoption of an average child in foster care (the average age of such children is 10. 3 years) takes from 4 months to a year and a half. Adopting a child from another country requires 6 to 18 months. A Michigan study found that adoption of black children was three times slower than that of white children (Barth 1997). Moreover, even after adoption, older children are more likely to return to state care. Thus, for children aged 3-5 years, the number of returned is 5%, and for children 12-14 years old - 17% (Donaldson 2000).

Some states are trying to improve the system of foster care and adoption, partly outsourcing these activities to private actors. At the same time, the goal is to use the potential of competition and incentives in this area. In this article, we describe and analyze innovative privatization schemes for these procedures in Kansas and Michigan. After that, we will offer options for market solutions to improve the situation in this area. Our goal is to improve the situation of children as much as possible, given the existing budgetary constraints. nine0005

The American Civil Liberties Union (ACLU) filed a class action lawsuit against the state of Kansas, alleging that the state's child welfare system is procrastinated and child supervision is inadequate. As part of a settlement agreement reached in 1993, the state began to privatize the child care system.

The state was divided into five districts, in each of which a private contractor was to be selected by tender to take over the functions of the foster care organization. At 19In 1997, three Kansas non-profit organizations received a monopoly on these functions in each county. Their duties included the selection of new homes for children, medical and other services necessary in such cases. The purpose of the division into districts was to provide an opportunity for foster care of children close to their own families, since the task of such education is to achieve family reunification if possible (if reunification is not desirable, the child usually becomes a candidate for adoption). For the entire period of the child's stay in foster care, a fixed payment was established. As of 19In 1999 it was $15,511 (each year the amount of payment is adjusted). The amount had to be determined by estimation, since the state system did not tie costs to the work performed. The contractor had to accept all children, but in especially difficult cases he could receive additional remuneration. The contracts were drawn up in such a way that the contractor's profit did not exceed 10% per child. At the same time, the state authorities undertook to compensate for the additional costs of the contractor if they exceeded 10%. According to one of the contractors, he began to work at a loss if the child was in foster care for more than 6 months. nine0005

It turned out that under the terms of the original contract, the costs of the provider as a whole were 65% higher than the established amount of payment. Accordingly, in July 2001, four years after privatization, the contracts were changed to a fixed monthly payment ranging from $1,958 to $2,200 depending on the area.

As a result of the ACLU suit, in October 1996 the adoption procedure was also privatized. The only bidder in the statewide tender was the Lutheran Social Services (LSS) of Kansas and Oklahoma. LSS and its 12 subcontractors were to provide adoption services for 1400-1600 children. Unlike foster care, in this case, the child does not have to be close to the first family, and therefore the work was entrusted to one company operating within the entire state. The nonprofit contractor received $13,556 for all services related to the adoption of one child, including child support. After one of the parents gave up parental rights, the child was placed in the care of an adoption service provider. This was one of the reasons for significant losses incurred by the contractor, since the necessary condition for the adoption of a child is the termination of the respective rights of both parents. While the legal process to grant the child the status of a candidate for adoption was going on - the course of which the contractor could not influence - he had to bear all the costs associated with his foster care. By the end of the two-year contract, LSS had suffered a loss of $5.5 million; Subcontractors also suffered significant financial losses (Mainstream 2001). nine0005

In July 2000, the state selected a new contractor, and a year later, the contract was renegotiated to a monthly fee of $2,101 instead of a flat fee. The contractor continued to bear all expenses for children returned to public care within 18 months of adoption. The change in payment scheme was partly the result of cost overruns for reasons beyond the contractor's control.

The new system has undoubtedly produced a number of positive results. The number of adoptions increased from 352 in the year before privatization to 546 in the first year after it; by 55%. Moreover, in the year before privatization, 43% of children were adopted within one year, and after it their number increased to 51-68%. During the first four years after privatization, only 2% of adopted children were returned to state care, while in the whole country this figure is 12%. Finally, after privatization, the administrative costs of foster care decreased from 18% to 8% of the total budget; total average daily expenditures for these purposes also fell overall (Legislative Division of Post Audit, State of Kansas 2001). nine0005

However, certain shortcomings should also be noted. As with many other privatization cases, it remains unclear whether the scheme has saved public funds. A study by the State Audit Office noted that the costs of foster care and adoption during the period when they were administered by the state are extremely difficult to determine (Legislative Division of Post Audit, State of Kansas 2001).

Privatization requires a shift from breakdown of expenditures by agency to breakdown by type of work performed; This system was pioneered by former Indianapolis Mayor Stephen Goldsmith. Within the framework of this system, direct or “disposable” costs are calculated for any type of state activity; the resulting figure is compared with the prices offered by private contractors. In the absence of such calculations, the government agency cannot determine whether there are savings in outsourcing these activities. Obviously, the costs of public and private structures for adoption can only be compared if there are the same measurement criteria. In the case of Kansas, all we know is that the actual costs were at least $125 million higher than projected. No data are available on the costs associated with improving the quality of services, nor on the cost-effectiveness of the scheme. nine0005

Before privatization, Kansas did not even have clear performance criteria that could serve as a model for private contractors. In fact, the state must first move to reporting by type of work and, on its basis, evaluate the effectiveness of the activities of its own bodies, and only after that analyze the volume and quality of these services. Based on the data obtained, the state authorities can decide how attractive offers of private contractors are. However, the Kansas authorities, under the sword of Damocles of the lawsuit, privatized child care, unable to understand whether the proposals of contractors allow to increase the effectiveness and profitability of these services. However, in any case, as a result of privatization, the state authorities are now more aware of the costs associated with adoption and foster care. nine0005

In addition, Kansas could reduce costs and improve service efficiency by providing more competition. So, only one company participated in the tender for a contract for adoption, and three companies participated in the tender for foster care. Obviously, the degree of competition in this case was limited, and therefore in both areas the monopoly of the state was replaced by the monopoly of private structures.

The advantage of a private monopoly over a state monopoly lies in the reduction of the organization's bureaucracy due to the need to optimize costs. However, the absence of competition hinders the efficient provision of services and leads to other well-known disadvantages of monopoly. One way to encourage competition is to allow public providers to bid against private contractors. This concept is called "managed competition"; it has proven effective in other areas (Blackstone, Hakim 1997).

It seems that in Kansas competition could have been more intense, and private monopoly could have been avoided. LSS had 12 subcontractors, and the current provider, the Kansas Children Service League, had six. These subcontractors could compete with each other statewide. Thus, it can be argued that there are a sufficient number of firms and children-candidates for adoption in the region in order to achieve effective competition and prevent monopoly. nine0005

In general, incentive contracts are designed to increase efficiency. However, when a significant portion of the cost arises for reasons beyond the provider's control, flat-fee contracts are ineffective. The period of time during which a child is in foster care and awaits adoption, and therefore a large part of the costs associated with this, depends on the courts. The provider, on the other hand, received a fixed amount, regardless of how long the child remained in foster care, or waited for the termination of the rights of the parents so that the adoption procedure could begin. To allow for these force majeure costs, a fixed monthly charge has been introduced. This contract change creates incentives for the contractor to keep the child in foster care for as long as possible. On the other hand, the previous terms of the contract facilitated the return of the child to the home as quickly as possible, with the hope that he would not return to care during those 12 months when he was taken care of by the foster care provider. Thus, any contract can cause unintended changes in the behavior of the provider. nine0005

Privatization is most effective when there is a single measurable outcome. For example, if we are talking about garbage collection, the result is obvious and easy to determine. In addition, there are many similar transactions in the market. As a result, the government can easily outsource garbage collection and even allow consumers to choose between public and private providers.

At the same time, privatization is not so successful when the number of required results increases and their level is determined by different measurement systems. Thus, the criteria for the quality of adoption services are the duration of the process, the proportion of "returns", as well as the characteristics of the adoptive family, its living conditions and environment. Naturally, these quality criteria differ in value, cannot be measured according to a single “scale”, and are non-additive. Hence the difficulties in comparing the effectiveness of this service in public and private execution, as well as monitoring the work of the contractor. nine0005

One important indicator of the feasibility of privatization is called the "phone book test". If alternative private adoption services exist in the region, privatization appears to be justified. The key to success here is increased competition; in this case, the emergence of a private monopoly cannot be considered predetermined. If only one company bids for the adoption contract, it can be assumed that the terms of the contract are perceived as unfavorable. Not surprisingly, this activity turned out to be unprofitable for LSS. nine0005

In this case, the state should organize a re-tender, but before that, clearly indicate the expected quality result and the expected starting price of services, determining the latter by estimating the costs by type of activity per child in adoption or foster care. Here you can use the mechanism of auctions in Holland, according to which the starting point is the cost of the state at a certain quality of services provided, and then the price is reduced. The tender is terminated when the number of its participants reaches a predetermined number. In the long term, the creation of a market with real competition allows you to improve the quality and optimize the price of the service. At the same time, civil servants should be given the opportunity to compete with firms that are ready to do work at the same level of costs as the state. The creation of a system of remuneration for quality work can also encourage state social workers to compete with private providers. nine0005

In 1989, the Michigan State Legislature began developing measures to encourage private companies to compete with the government in providing adoption services. The goal was to speed up the procedure for returning the child to a stable family - through adoption, if reunification with parents is not possible. The state has established the Michigan Adoption Information Exchange System (MISIS), which distributes information about children who are candidates for adoption through public channels. The information includes a photograph, age and other demographic characteristics, the child's aptitudes, and whether the child has siblings who are also candidates for adoption (Craig et al. 1998). The state has licensed approximately 80 private adoption agencies.

Prior to 1992, agencies were paid according to actual costs or based on the average cost of arranging the adoption of one child. Larger agencies, able to accurately determine their spending per child, typically received $15,000-18,000. Smaller organizations that could not calculate their actual costs were paid only $3,900 per child, and as a result, they were probably unable to arrange a large number of adoptions. Such a system of "bonuses" for large agencies led to the fact that children stayed in foster care for a long time. Therefore, in the future, a different method of fixed payments was developed - depending on the difficulty of the task and the speed of completion of the adoption procedure. For example, the maximum amount ($10,000) is paid for the adoption of a child in an institution for "difficult" children. The smallest amount, $1,300, is paid to a private foster care agency for a child placed in foster care by another adoption agency. If the child is adopted within five months of becoming a candidate, the agency receives $8,600; after 7 months this amount drops to $3535 (Snell 2000). nine0005

Under a system in place since 1992, 80 licensed agencies that have contracts with the state's respective social service, the Office of Family Independence (ONS), can compete to adopt any child candidate. Each child is in the care of a specific foster care agency. If two or more adoption agencies find families willing to adopt the same child, it is up to the foster care agency in charge of the child to decide which adoptive parents to place the child in. nine0005

The results of the program adopted in 1992 look, to put it mildly, ambiguous. A comparison of the situation in 1991 and 1999 shows that the total number of adopted children, as well as the number of black and disabled children adopted, increased dramatically. The total number of adoptions increased by 83%. But at the same time, the number of candidates for adoption increased even more - by 116%. The number of adoptions of black children and children with disabilities, for whom it is often difficult to find adoptive parents, increased by 82 and 52%, respectively, but against the backdrop of an increase in the number of applicants, these data suggest that the situation in this regard has not improved. In terms of positive results, Michigan's adoption failure rate is 3.5%, compared to a national average of 12% (Snell 2000). nine0005

The advantages of the Michigan program are that it maximizes information about adoption candidates and that there are many companies that can compete with each other. Another plus is the fact that the ONS itself also has the right to engage in adoption, i.e. there is progress towards the optimal model of “managed competition”. In addition, while the court decides to grant the child the status of a candidate for adoption, the agencies do not have to pay for his stay in foster care. nine0005

Economists firmly believe that efficiency is achieved through market pricing. In this sense, it can be said that Michigan has taken a step in the right direction by using prices as incentives. However, the adoption rates set by the state are arbitrary: they do not reflect the opportunity cost of similar services provided by the state, nor the result of market forces. These rates take into account the duration of the adoption procedure and some criteria related to the characteristics of the children. But since the adoption is authorized by state authorities or the court, it seems that the private provider cannot significantly influence the length of the procedure. Not only that, the payment system is so complex and obscure that it actually weakens providers' incentives. Further, since providers cannot determine a priori how long an adoption process will take, it is difficult for them to decide what business to take on and how much effort to put into it. nine0005

ONS still organizes adoptions along with private agencies. In practice, it turns out that it deals with the most difficult cases. In this regard, it should be noted that in order to further increase competition and improve the quality of work, it would be worthwhile to fully implement the concept of "managed competition" - including additional remuneration of employees for exemplary performance of duties.

Michigan could make other improvements to the system. In particular, it remains unclear whether the involvement of private agencies is cheaper than the provision of relevant services by the state. A shift to reporting by type of work performed would allow comparisons between government spending and payments to private contractors. We propose to introduce such reporting to establish initial rates for private agencies. The amounts and time spent by the state on arranging the adoption of the main categories of candidate children could serve as a guideline in setting prices and standards for at least one year. At the same time, civil servants must be allowed to participate in the competition. Obviously, in this case, government departments will act in the same way as private providers and create a system of incentives for their employees. nine0005

At the end of the set period, ONS must adjust the rates for different categories of children in accordance with experience gained. Suppose, for example, that the adoption rate of children with disabilities is low: then for the next period of time, the fees set by the ONS for private agencies need to be increased. At the same time, if, at current rates, the demand for white children exceeds the number of applicants, as evidenced by the number of their adoptions, ONS should reduce the payment. This savings will free up funds to pay for the adoption of children from more "difficult" categories. Obviously, such a pricing mechanism will contribute to the “survival” of only efficient providers, both private and public. Naturally, it is necessary to make a reservation that the size of the prices set by the ONS is limited by the possibilities of the budget. nine0005

In this article, we have described and analyzed the pioneering adoption and foster care privatization programs operating in the states of Kansas and Michigan. Evaluation of the experience gained could serve as a guide for other states intending to improve their child care activities. Kansas has outsourced adoption to one provider and foster care to five providers in five boroughs, needlessly creating an undesirable private monopoly. Adoption in Michigan was more competitive, achieved through the wide dissemination of information about children and the involvement of 80 agencies in the competition. Kansas experimented with pricing, and Michigan established a differentiated payment system according to the difficulty of the adoption process and its speed. nine0005

Economic theory says that the welfare of society increases as the level of competition increases. The Michigan model, which combines complete information with a large number of providers, is more likely to provide an effective result. At the same time, the arbitrary non-market pricing scheme adopted in Michigan does not guarantee the optimal organization of adoption by contractors. Privatization has certainly improved the situation: both states now have a clearer picture of the cost to private providers of foster care and adoption, and the number of adopted children has increased. Thus, we are talking about significant achievements. nine0005

At the same time, there is a more direct way to reduce the time spent in foster care and improve the adoption process. The very fact that these services are being privatized in Kansas and Michigan contributes to the efficiency of transactions. In addition, above we have outlined recommendations for increasing competition that could and probably should be implemented, and in this regard it is worth paying attention to the “managed competition” model. But is there anything else that can be done to improve the situation? Dave Thomas - he was adopted at the age of one and a half months, and as an adult he founded the chain of eateries Wendy's - says: “I know firsthand how important it is for every child to have a home and a loving family. Without my family, I would not be where I am today” (Philadelphia Inquirer 2002). nine0005

Our analysis of the practice of public and private adoptions, as well as economic theory, suggests that there is a more direct way to reduce the time spent in foster care and improve the adoption process. We offer a market approach.

In practice, the adoption market works inefficiently. In particular, there is an excess demand for white children. As a result, families wishing to adopt a white child have to wait a long time or try to do so in another country. Often such families resort to the services of the black market, violating American or foreign laws in the process. At the same time, older, disabled and minority children awaiting adoption outnumber families willing to adopt them, resulting in long periods of foster care or institutional care. The reason for this failure is that there is no price adjustment mechanism that can eliminate the shortage or excess of demand. The emphasis is on improving the work of intermediaries—adoption agencies—rather than improving the efficiency of the transaction itself. nine0005

And here economic theory comes to the rescue again. Following the example of Michigan, the authorities of any state could provide maximum information about children who are candidates for adoption and their characteristics. Interested families could contact their local child support agency or any licensed private adoption agency. In the questionnaire, such families that have already received the right to adopt could indicate which particular child they want to adopt and the price they are willing to pay for it, or, conversely, how much they want to receive for the adoption of a particular child. Arranging for the adoption of children from “popular” categories, such as the smallest, is undoubtedly a profitable business, and the adoption of children from categories that are in less demand, such as older and disabled children, may require payments to adoptive parents. nine0005

The State must establish a fund that pools the income from the adoption of "popular" children, state appropriations for child support, and any federal government adoption payments. These funds will make it possible to pay for the adoption of children from "unpopular" categories. Since this will lead to a reduction in the period of stay of children in foster care, some additional funds will also be released.

As in any market, children will end up in those families that can afford to adopt them, are most willing to adopt them and are ready to pay the maximum amount for this. As a result, foster parents will be able to provide them with the best conditions. It is also likely that such a family will be more suitable for the child than one that adopts him under the current system - where parents who are first on the "waiting list" receive a child they do not know and in fact pay only a nominal price for it. In the case of children from less "popular" categories, the child will go to the family that will ask for the lowest payment for it. Again, this will mean that such a family wants this particular child, and is ready to make the greatest financial sacrifices for him. And most likely it is this family that will take better care of him. Finally, the painful process of waiting for adoption will be reduced for both the families concerned and the children. nine0005

The creation of such a market system would eliminate the black market that exists today, as well as reduce the influence and financial rewards of intermediaries such as lawyers and private adoption agencies, and thus free up additional resources to work with children whose adoption is difficult to organize. Naturally, the monitoring and supervision of the adoption process will be carried out by social workers from public and private agencies.

Economists argue that the efficiency of the market increases with the increase in the number of suppliers and consumers. In the field of adoption, we propose to organize the dissemination of relevant information throughout the country. Today, there are certain barriers to adopting a child from another state. As a result, there may be an excess of adoption candidates in some states and an excess demand in others. In addition, the "quality" of prospective adoptive parents may vary from state to state. There is no need for the child to remain within the state. Creating a nationwide adoption market will improve the “quality” of foster families, speed up the adoption process, and reduce state costs. nine0005

Markets ensure the efficient allocation and use of resources for virtually all goods and services. It may take new laws to create a market for adoption, but states and probably the federal government need to experiment with using competitive market mechanisms to improve care for children. If we discard the rhetoric about "selling children", there is no reason not to use the market for the benefit of our little compatriots. nine0005

Barth, R. P. (1997) "Effects of Age and Race on the Odds of Adoption versus Remaining in Long-Term Out-of-Home Care." Child Welfare 76(2) (March/April): 285-308.

Blackstone, E. A., and Hakim, S. (1997) "Private Ayes: A Tale of Four Cities." American City & County 112(2) (February): PS4-PS12.

Craig, C.; Kulik, T.; James, T.; and Nielsen, S. (1998) "Blueprint for the Privatization of Child Welfare." Reason Public Policy Institute, Policy Study No. 248 (December). nine0005

Evan B. Donaldson Adoption Institute (2000) "Adoption in the U.S." (www.adoptioninstitute.org).

James Bell Associates (2001) "External Evaluation of the Kansas Child Wel- fare System: July 2000-March 2001." 3rd Quarterly Report. Arlington, Va. (9 August).

Legislative Division of Post Audit, State of Kansas (2001) "The State's Adoption and Foster Care Contracts: Reviewing Selected Financial and Service Issues." Topeka, Kansas (January).

Mainstream Inc. (2001) "Privatization of Adoption in Kansas: A Report to Dave Thomas Foundation for Adoption." Topeka, Kansas (May). nine0005

Philadelphia Inquirer (2002) Obituary of Dave Thomas, 9 January: B7.

Snell L. (2000) "Child-Welfare Reform and the Role of Privatization." Reason Public Police Policy Institute, Policy Study No. 271 (October).

U.S. Department of Health and Human Services, Administration for Children and Families (2001) "The AFCARS Report" (June).

U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (1999) "Family Disruption and Delinquency." Juvenile Justice Bulletin (September). nine0005

First: A Market Alternative to Child Adoption and Foster Care // Cato Journal. Vol. 22 (Winter 2003). № 3.

adoption procedure, conditions, documents, rights and obligations of adoptive parents

Tamara Skokova

creates a benefit for the family

Author profile

In the understanding of many people, "to adopt a child" means to take an orphan from an orphanage. However, from a legal point of view, everything is not so simple. Today in Russia there are several forms of family placement for children, and they are regulated differently by law. nine0005

I worked in the guardianship and guardianship authorities for 17 years, 14 of them as a head. In the article I will tell you who and under what conditions has the right to take a child into a family, what documents are required for adoption and how the procedure takes place.

What is the adoption of a child

In Russia, there are several forms of placement of orphans and children left without parental care. Federal legislation establishes three main ones: adoption, guardianship and guardianship, foster family. At the regional level, others may be provided, but so far this is only patronage. Briefly describe how they differ from each other. nine0005

Custody and guardianship. The most common form of placement for children: often used as an intermediate step on the path to adoption.

Guardianship Law

Guardianship is established for children under 14 years of age, and guardianship is established for minors from 14 to 18 years of age. Guardians and trustees have all the rights and obligations of a legal representative in matters of upbringing, education, maintenance of the child and responsibility for him.

Unlike the guardian, the guardian is liable for harm caused by the ward. He is also obliged to make all transactions on behalf of the ward, except for those that the child can conclude personally: for example, these are donation transactions when a minor receives some thing or money as a gift. nine0005

Art. 1073, paragraph 2 of Art. 26 of the Civil Code of the Russian Federation

The trustee usually must give consent to the transactions of the ward, with a few exceptions: for example, minors aged 14 to 18 years have the right to independently manage their income or make small household transactions.

Art. 12.1 of the Federal Law on state benefits to citizens with children

p. 3 art. 38.1 of the Social Code of the Belgorod Region

Monthly allowance is paid to the guardian and trustee for the maintenance of an orphan child. Its size depends on the region: for example, in the Belgorod region, where I live, in 2022 the allowance is 10,310 R.

In addition, guardians are entitled to a one-time payment from the federal budget - 22,472.77 RUR. This amount is set for all guardians from the Russian Federation, regardless of place of residence.

Lump-sum allowance upon transfer of a child for upbringing to a family

If a child is brought up by a guardian or guardian, the biological parents are not released from the obligation to support him and must monthly transfer alimony to his personal account: the amount of alimony is determined by the court.

st. 148, paragraph 2 of Art. 71 SK RF

At the same time, the guardian decides whether the biological parents will be able to communicate with the child, but if the child is 10 years old, then his opinion will also be taken into account.

Art. 148.1 SK RF

Foster family. This form of arrangement is similar to guardianship, but in addition to child support and a lump sum payment, foster parents also receive remuneration for their work.

Art. 152 SK RF

The amount depends on the region of residence. For example, in 2022 in Moscow it is 18,150 R, and if a family accepts a child with a disability, then the amount of the payment will be higher - 30,885 R.

Clause 2.5.1 of Appendix 1 to the Decree of the Government of Moscow on establishing the amount of social benefits for 2022

In the Belgorod Region, foster parents are paid 8288 R per month for the first child taken in by the family, and for each subsequent adopted child the amount is increased by 20%. If a family accepts up to four children, the remuneration is paid to one of the parents, five or more children to both. In rural areas, there is still a monthly supplement of 25% of the remuneration due to foster parents. Foster parents have more privileges than guardians: they are provided with a 50% discount on utility bills, fuel, gas, telephone. nine0005

item 5 art. 148.1 SK RF

Law of the Belgorod Region on Foster Family

Law of the Belgorod Region on Amendments to Article 2 of the Law of the Belgorod Region "On Foster Family"

The seniority can be accrued to both one parent and both - it all depends on who has concluded a civil law contract with guardianship.

Art. 7 Federal Law on compulsory pension insurance

The foster child and biological parents can communicate. Foster parents have the right to prevent this only if communication does not meet the interests of the child.

paragraph 5 of Art. 148.1 SK RF

Patronage . Foster care is a relatively new form of family structure, in which the rights and obligations to protect the rights of children are delimited between the foster caregiver and the guardianship and guardianship authority. Laws supporting patronage have been adopted in 42 constituent entities of the Russian Federation, for example, in Moscow, Vladimir, Kaluga, Ivanovo and Kaliningrad regions. nine0005

Laws and regulations on patronage in Moscow, Vladimir, Kaluga, Ivanovo, Kaliningrad regions shelter.

The child is transferred to foster care under a fixed-term contract. The period of stay in the family is set individually: it can be a short period - up to six months or a long one - over six months. The maximum term is until the minor reaches the age of eighteen. nine0005

For a long time, a child is placed in a foster family only if, for some reason, it is impossible to transfer the child to a guardian, trustee or foster family. In this case, the foster family receives a monthly allowance from the state for the maintenance of the child. The amount is similar to that allocated for guardianship and guardianship. But the right to receive a one-time allowance when a child is adopted into a family does not apply to foster parents.

Foster care gives the child the opportunity to prepare for an independent adult life - this is difficult to do in an orphanage. But this form of arrangement has one big drawback - children often become attached to new families and parting with it causes them stress. With all this, the child does not lose touch with the blood family: he can maintain relations with his parents, if they are not deprived of parental rights and do not pose a danger to him, brothers, sisters and other people significant to him. nine0005

/list/sos-dd/

9 uncomfortable questions about orphans

Adoption. The Family Code of the Russian Federation considers this form of placement of children a priority: only it allows you to most effectively ensure both the interests of the child and the interests of foster parents.

Adoptive parents completely replace the child's parents. Here there is no such temporary nature of upbringing as in guardianship, guardianship or when transferring a child to a foster family. The state does not provide adoptive parents with any special assistance, with the exception of social support measures established in each subject separately, as well as measures that are provided to all families with children on a general basis. nine0005

Adoptive parents can change the child's first and last name. For children under one year old, even the date of birth can be changed, but not more than three months from the actual one. This happens in order to ensure the secrecy of the adoption, as well as for other reasons, if the court considers them valid. In my practice, there was such a case: the spouses raised an adopted boy born on September 8, 2007, and then adopted a girl born on July 25, 2007. The adoptive parents asked the court to change the boy's date of birth to July 25, 2007, so that the children could be considered twins. The court granted the request. nine0005

Art. 139 SK RF

art. 155 of the Criminal Code of the Russian Federation

In many regions, adoptive parents receive benefits for an adopted child. To apply for it, you must apply to the guardianship authorities at the place of residence. For example, in the Belgorod region, the amount of the allowance depends on how much money was allocated for the monthly maintenance of a child in an orphanage in the current year, the adoptive parent is entitled to 50% of this amount. And in the Stavropol Territory, a monthly allowance for adoptive parents is not provided, but a lump sum payment is made - 150,000 R.

cl. 1 art. 60 of the social code of the Belgorod region

art. 2 of the Law of the Stavropol Territory on the amount and procedure for assigning a lump-sum allowance to adoptive parents

In Moscow, the monthly compensation payment to persons who have adopted or adopted an orphan child or a child left without parental care in the city of Moscow is:

• 18 937 R for each child from 0 to 12 years old who is not a disabled child;
• 25,249Р for each child from 12 to 18 years old who is not a child with a disability;
• R31,561 for each disabled child.

Clause 2.9 of Appendix 1 to the Decree of the Government of Moscow on setting the amount of social payments for 2022

Also, adoptive parents are entitled to a lump-sum allowance, which is issued for all forms of family placement. From February 1, 2022, this is 20,472.77 R. But in the case of the adoption of a disabled child, a child over seven years old, as well as children who are brothers or sisters, the allowance will be higher - 156,428.66 R. To receive a payment, you need to apply to the Pension Fund at the place of residence. nine0005

Lump-sum allowance when a child is placed in a family for upbringing

What is the difference between the forms of placement of a child in a family

Form	Who is considered the child's parents	What rights do caregivers have	What are the duties of caregivers	How the government supports child caregivers
Adoption	Adoptive parents	The rights of adoptive parents are identical to those of natural parents	Obligations of adoptive parents are identical to those of natural parents	Adoptive parents receive payments provided by the regional authorities. Also, adoptive parents receive the right to use maternity capital, if it was not used by the birth mother, and all child benefits in accordance with age. A child who at the time of adoption has the right to a pension and benefits due to the death of his parents retains this right after adoption
Guardianship	Blood family	The guardian or custodian has the right to raise the child and act as his legal representative	Guardians and trustees are obliged to take care of the maintenance of the wards, to provide them with care and treatment, to protect their rights and interests. At the same time, biological parents are not released from the obligation to pay alimony	Guardians and custodians receive a one-time allowance upon adoption of a child into a family, allowance for the maintenance of a ward, alimony payments, survivor's pension, if the child is entitled to it
Foster family	Blood family	Similar rights as under guardianship	Similar duties as under guardianship and guardianship	A foster family receives a one-time allowance when a child is adopted into a family, a monthly remuneration to a foster parent for the performance of duties and an allowance for the maintenance of a child in a guardian's family, depending on the legislation of the region, and utility benefits. The period while the child is in the family is counted towards the foster parents in the insurance period
Patronage	Blood family	Determine the daily routine of the pupil, resolve current issues of the pupil's life in accordance with the plan for the protection of the rights of the child and the concluded agreement	Raise a child, protect his rights and legitimate interests, take care of his health and development	The amount of payment for a foster caregiver is determined by a fixed-term employment contract of the region. The monthly payment to foster care providers for the maintenance of an orphan child or a child left without parental care is established by each region separately

Adoption

Who is considered the parents of the child

adoptive parents

What rights arise in people to care for the child

Rights of adoptive parents are identical to blood parents

What are the obligations to ensure care of child

Obligations of adoptive parents are identical to those of natural parents

How the state supports caregivers

Adoptive parents receive benefits provided by the regional authorities. Also, adoptive parents receive the right to use maternity capital, if it was not used by the birth mother, and all child benefits in accordance with age. A child who at the time of adoption is entitled to a pension and benefits due to the death of his parents retains this right after adoption

Custody and guardianship

Who is considered the child's parents

Blood family

What rights do caregivers have?

What obligations do persons who provide care for a child have? At the same time, biological parents are not released from the obligation to pay alimony

How the state supports caregivers

Guardians and caregivers receive a one-time allowance for the adoption of a child into a family, support for the maintenance of a ward, alimony payments, survivor's pension, if the child is entitled to it

Foster family

5

5 Who is considered the child's parents

Blood family

What rights do caregivers have

Similar rights as in guardianship and guardianship

What are the obligations of persons providing care for a child

Similar obligations as in guardianship and guardianship

How the state supports persons providing care for a child

The foster family receives a one-time allowance for the adoption of a child in a family, a monthly remuneration to the adoptive parent for the performance of duties and allowance for the maintenance of a child in the family of the guardian, depending on the legislation of the region, benefits for utilities. The period while the child is in the family is counted towards the foster parents in the insurance period

Foster care

Who is considered the child’s parents

Blood family

What rights do caregivers have

Determine the child’s daily routine, resolve current issues of the child’s life in accordance with the contract and child protection plan concluded

What are the responsibilities of those who provide care for a child

Raise a child, protect his rights and legitimate interests, take care of his health and development

How the state supports child caregivers

The amount of payment for a foster caregiver is determined by the region's fixed-term employment contract. Monthly payment to foster care for the maintenance of an orphan or a child left without parental care is established by each region separately

Who can adopt a child

Married couples or single adults can adopt a child: if citizens are not married to each other, they cannot jointly adopt the same child. nine0005

Art. 128 SK RF

Decree of the Government of the Russian Federation on approval of the rules for the transfer of children for adoption

Another important condition is that a man or woman must reach the age of majority, and the age difference between the adopter and the child must be at least 16 years. But if the adoptive parents are a married couple, and the age difference is less than the established norm with only one of them, then the guardianship department may, as an exception, give consent.

Other requirements for an adopter:

1. Legal capacity: own and spouse, if any.
2. Absence of a conviction for a grave and especially grave crime.
3. A health condition that allows you to fulfill parental responsibilities: for example, a child will not be allowed to be adopted by patients with tuberculosis or people with disabilities of the first group.
4. Home ownership or rental.
5. Substitute parents have a school leaving certificate.
6. No information about deprivation or restriction of parental rights, cancellation of adoption, removal from the duties of a guardian. nine0250

If there are several people who want to adopt a child, his relatives will have the priority right, but taking into account the interests of the adoptee: they are expressed in trusting relationships, attachment to relatives, long-term cohabitation.

Community 24.05.22

How is the secrecy of adoption protected in Russia?

Next, I will tell you what documents future parents will need to collect and how the adoption procedure goes.

Step 1

As a rule, there is an adoption specialist in each district municipality. He can work both at the education department and at the department of social protection of the population: this needs to be clarified in the social protection or education authorities at the place of residence.

In some cities, for example, in St. Petersburg, Vladimir, Krasnoyarsk, special adoption and guardianship centers have been created, where future adoptive parents are assisted in paperwork, passing medical examinations, and selecting children. Such an integrated approach greatly simplifies and speeds up the entire procedure. nine0005

Center for Family and Children Assistance, St. Petersburg

Center for the Development of Family Forms of Education, Krasnoyarsk

Center for Psychological, Pedagogical, Medical and Social Assistance, Vladimir

At the first visit, candidates for adoptive parents should simply talk with an employee of the guardianship authority is, in fact, an acquaintance. The task of a specialist is to listen to you, to find out the motive for adoption, to understand how fully you understand the responsibility of such a step, whether your housing, family and material conditions meet the requirements of the law. nine0005

The guardian must explain your future rights and obligations in relation to the adopted child, the procedure for the adoption procedure, answer your questions, and issue the necessary forms, referrals and a list of documents. Here it is:

1. A copy of the adoptive parent's marriage certificate, if he is not married, then a copy of the birth certificate: sometimes the court asks him to see if the adoptive parent's surname has changed.
2. Passport copies. nine0250
3. Original and copy of the medical certificate for each of the adoptive parents.
4. Certificate of criminal record or non-conviction.
5. When a child is adopted by one of the spouses, the consent of the other spouse or a document confirming that the spouses have terminated family relations and have not lived together for more than a year.
6. Certificate from the place of work on the position held and salary, or a copy of the income statement or other document confirming the income of the adoptive parent or the family of adoptive parents. nine0250
7. Documents confirming the right to use the residential premises or the ownership of the residential premises.
8. Certificate of completion of training for persons wishing to adopt a child left without parental care into their family.
9. Curriculum Vitae (needed only for the guardianship authority).

The main part of the documents is required to obtain an opinion from the guardianship authorities on the possibility of being an adoptive parent. Later, they will also be needed to apply for adoption to the court. Documents for the child will be prepared by guardianship officials. nine0005

Step 2

I recommend that you start collecting documents from this certificate. Since the request is sent to the Main Information Center of the Ministry of Internal Affairs, a response will have to wait from a week to a month.

An application for issuing a certificate can be filled out at the MFC or independently on the public services portal.

/guide/ne-sudim/

Why do you need a certificate of non-conviction

Step 3

People without serious health problems can take a child from an orphanage.

The list of diseases preventing adoption includes:

1. Tuberculosis - patients of the 2nd and 3rd dispensary groups.
2. Infectious diseases.
3. Mental illnesses.
4. Drug and alcohol addiction, substance abuse.
5. Grade 3 and 4 malignancies.
6. The first group of disability. nine0250

A list of diseases that make it impossible to adopt a child

A referral form for a medical examination is issued by the guardianship and guardianship authorities along with a list of documents for adoption.

It will not be possible to pass an examination in private clinics: according to the law, only state medical institutions are engaged in this, and free of charge. The medical report will be valid for six months from the date of its approval by the chief physician or the head of the polyclinic. nine0005

Medical examination procedure and conclusion form

What is included in the medical examination - public services website

To avoid misunderstandings, immediately after issuing the completed form, you must carefully check whether everything is in order with the execution. In particular, the conclusion of each doctor must be certified by the round official seal of the institution.

Step 4

Adoptive parents must prove to the specialists of guardianship authorities the ability to financially support the child.

To do this, you will need to provide a certificate from the place of work on salary and position or copies of the income declaration certified by the tax office. The certificate is prepared in free form indicating the salary and other payments for 12 months.

/prava/opecunam/

What rights do guardians have

Step 5

CV is only for guardianship. It should reflect the main points of the life path: education, marriages and divorces, labor activity. Based on this information, the specialist judges the stability of the financial and family situation of the candidate for adoptive parents, as well as his experience of communicating with children. An autobiography should not be too voluminous: one or two A4 pages is enough. The document can be either written by hand or printed on a computer. nine0005

CV must include:

1. Personal information. Surname, name, patronymic; date and place of birth; information about parents or persons replacing them; information about sisters, brothers, if any; place of permanent registration and address of actual residence, if it differs from the address of registration.
2. Education. Basic education - years of study, school number and city where one is located. Higher education (if any) - years of study, name of the university, specialty. nine0250
3. Professional activity. Beginning of work experience - place of work and profession; listing periods of work and the name of employers, positions. The last place of employment is included with an indication of the position and salary; awards or events that positively characterize the candidate.
4. Marital status. Family composition: spouse, children (last name, first name, patronymic, date of birth, occupation). Data on previous marriages and divorces (if any): information about spouses and children born in these marriages; the facts of changing the surname (if any) indicating the reason and the previous surname. nine0250
5. Interests and more information. Creative, sports, achievements in them; participation in public organizations, volunteer movement, awards and promotions; experience working with children or helping elderly relatives.

It is also necessary to briefly explain the reason for contacting the guardianship department.

Step 6

The list of required documents for adoption includes a certificate of completion of a program of psychological, pedagogical and legal training, or a school for future parents. nine0005

Art. 127 SK RF

Only close relatives of the child, namely grandparents, older full and half brothers and sisters, stepfathers and stepmothers, as well as those who are already a guardian, trustee or adoptive parent, can not be trained.

At school, prospective adoptive parents are helped to understand whether they are ready for this serious step, and to figure out what form of guardianship will suit them; introduce the legislation, talk about the psychological difficulties that children and adults face both during the period of adaptation and after. nine0005

The length of study varies from school to school: a course can last from 56 to 80 academic hours. At the end, a final certification is carried out: after it, future adoptive parents will be issued a certificate of completion of training.

/child-custody/

I took three children from the orphanage

You can study for free at any school, regardless of the place of registration.

Step 7

When all the documents on the list are collected and transferred to the guardianship authorities, the adoptive parents will be assigned an inspection check of living conditions.

The guardian must inspect the housing and assess whether the child can live there. If other people live in an apartment or house in addition to the adoptive parents, guardianship workers will take an interest in their state of health and the relationship that connects them with the candidates for adoptive parents.

For verification, potential adoptive parents provide:

1. An extract from the USRN confirming the ownership of housing or a contract of social or commercial employment.
2. Information on the number of residents registered in the housing.

/guide/get-egrn/

How to get an extract from the USRN

Adoptive parents are not required to provide any other documents other than the above. The conclusion on the possibility of being a candidate for adoptive parents and registration takes place within ten days after checking the housing conditions. nine0005

What should be the place of residence of the adoptive parent. The place of residence of a person wishing to adopt a child does not have to coincide with the place of his registration. But it is necessary to have a permanent registration. If the candidate is renting an apartment, he must provide a lease for more than one year. If he lives with relatives - a written agreement between them for the right to use.

A room in a hostel or apartment cannot be considered a permanent place of residence, no matter how comfortable it may be. nine0005

What should be the living conditions. In order for the child to live safely for his health and development, the living space of the adoptive parent must comply with sanitary standards. The main criterion is the availability of communal amenities: water supply, sewerage, central heating, gas supply, and so on.

Guardianship authorities can evaluate this without involving SES, BTI and other third-party organizations.

There are no federal restrictions on the size of housing for adoptive parents - the issue is at the mercy of the regions. For example, in Moscow, there should be at least 18 m² per person. But even when this rule is not observed, the final decision remains with the court: if the adoption is in the interests of the child, permission can be given to families with a smaller apartment area. nine0005

Art. 50 ZhK RF

Law on amendments to the RF IC

Step 8

To select a child, candidates can apply, of their choice, to any municipality in whose territory the orphanage is located, to a regional operator that is in each subject of the Russian Federation or in the Federal Data Bank on orphans and children left without parental care. But the law does not prohibit the independent search for a child in orphanages. You can also search for a child before the candidate receives a conclusion on the possibility of being an adoptive parent, but they will not give a referral to view the child until that moment. nine0005

Federal Child Data Bank

When and which child can be adopted. A child who has the status of an orphan, or a child left without parental care, can be adopted at least a day before his or her majority.

Requirements for adoptive parents do not depend on the age of the child they want to adopt. But if the case concerns a baby, whom the mother abandoned in the maternity hospital, then from her, as a legal representative, an additional statement of consent to adoption will be required. nine0005

Community 04/26/22

Is it possible to adopt an adult?

What are the health groups of children during adoption. Health groups is a scale that determines the state of the body and the development of the child. This information is provided to adoptive parents by the regional operator of the database of orphans.

There are five health groups:

1. The child is absolutely healthy. nine0250
2. Practically healthy children without chronic diseases, but with some functional disorders. For example, children who have had severe and moderate infectious diseases, children with a general delay in physical development without endocrine pathology - short stature, low or overweight. The same group includes frequently ill children and children with noticeable consequences of injuries or operations.
3. Children with mild curable pathologies and chronic diseases with rare exacerbations, who are in remission at the time of the examination. nine0250
4. Children with chronic diseases, injuries or operations that limit the child's life or require supportive care.
5. Children with disabilities.

Pathologies in children are not an obstacle to adoption. However, before you take a child with a complex diagnosis, you need to soberly assess the strengths and capabilities. It is better to consult with specialists in advance on how to organize the process of education. You can also discuss this topic with foster parents whose families have children with similar diagnoses. nine0005

In reality, completely healthy orphans are rare. Children of the 1st-2nd health group, as a rule, are babies, who are abandoned in the maternity hospital by very young mothers. Basically, children of the 3rd group are taken to families, and orphans of groups 4-5 more often remain in children's homes.

/plastic-lids-help-kids/

How I became a foster mother to three girls

How is the meeting with the child. After the child is found, prospective adoptive parents go to the guardianship to which the specific institution belongs, or to the operator of the regional data bank through which the information was received, clarify the details and request a referral for a face-to-face visit. nine0005

The referral is valid for 10 days, during this time, future parents can see the child one or more times, talk with his caregivers, pediatrician, psychologist. A conversation with the institution's specialists takes place before meeting the child. If, after this conversation, the failed parents turn around and leave, the child will not be traumatized by failure.

The number of referrals issued is not limited by law, that is, the search continues until the future adopter finds "his" child. A child who is ten years old will also have to express his opinion: agree in writing to a family placement or refuse it. nine0005

Art. 132 SK RF

At the end of the ten-day period, the candidate for adoptive parents will have to write on the direction one of the words that can radically change their future life: “I refuse” or “I agree”. If it was possible to find contact with the child and the consent in the guardianship authorities was recorded, the next step is to file an application with the court.

Step 9

This is a rather formal process: you need to come to the court during office hours, submit the documents according to the list, get their list in your hands and wait for the notice of acceptance of the case for proceedings, appointment of the court date. You don't need to pay state duty. nine0005

sign. 14 p.1 art. 333.36 TC RF

By law, the period for consideration of an application should not exceed two months from the date of its acceptance in the office. But the judges, as a rule, schedule a hearing for the next possible day.

How is the court session. Adoption cases are handled in a special manner. The adoptive parent, the representative of guardianship, the prosecutor and the child, if he is over 14 years old, must necessarily participate in the process.

/prava/prava-deti/

Rights of children under 18 years of age

Usually, a court decision enters into force 10 days from the date of issue: only from this time do mutual rights and obligations arise between the adoptive parent and the child. If there are special circumstances and there are no objections on the merits of the case from all the participants, the judge may decide on the immediate execution of the decision: for example, if something threatens the life and health of the child and he needs urgent hospitalization.

An adopted baby can be taken home immediately after a positive adoption decision has been made by the court. At the same time, the maternity hospital must issue a postpartum sick leave from the date the decision enters into force when the baby reaches the age of 70 days, and when adopting two or more children - 110 days. A sick leave is needed to apply for maternity leave at the work of one of the adoptive parents. nine0005

Art. 157 of the Labor Code of the Russian Federation

Step 10

To do this, you need to contact the registry office: they will issue an adoption certificate and a new birth certificate of the child.

ch. V Federal Law on acts of civil status

The child is registered at the place of residence of the adoptive parents.

When can an adoption be canceled and parental rights deprive

Most often, cancellation occurs due to the guilty behavior of the adoptive parents. For example, if they shirk parental responsibilities, abuse their rights, abuse a child, abuse alcohol or take drugs. nine0005

A claim for the annulment of an adoption may be filed by the adoptive parents themselves, the guardianship and trusteeship authorities, the prosecutor and the child if he has reached 14 years of age.

Art. 142 SK RF

However, the court has the right to cancel the adoption even if there are no violations on the part of the parents.

Such cases include the identification of a child's hereditary developmental abnormalities that make it difficult or impossible to bring up. As a rule, when receiving an expert medical opinion on an adoptee, the future adopter confirms in writing his consent to familiarize himself with the diagnosis of the child and the history of the mother. If the violation was not listed in the document and appeared later, or the adopter for some reason was not notified under the signature about the presence of a pathology in the child, the adoption may be canceled. nine0005

/guide/lishenie-parent/

Why they can deprive of parental rights

But in practice, I came across the fact that foster parents became attached to children and even when a serious illness was detected, they left them in the family.

Adoption in brief

1. Before adopting a child, you need to analyze your motives, weigh the pros and cons.
2. When visiting guardianship authorities and other authorities, be sure to ask and write down the last name, first name, patronymic of the specialist, as well as his position. You are required to provide this information. This way you will show that you are competent in matters of communication with officials and are able to appeal against illegal actions.

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