How long does it take to adopt a child in california
Frequently Asked Questions About Adoption
1. What is adoption?
Adoption is a legal process which permanently gives parental rights to adoptive parents. Adoption means taking a child into your home as a permanent family member. It means caring for and guiding children through their growing years and giving them the love and understanding they need to develop their full potential.
2. How do agency adoptions, independent adoptions, and intercountry adoptions differ?
In an agency adoption, a public or licensed private adoption agency or a CDSS adoptions regional office places the child for adoption. The birth parent's parental rights are terminated either by court order or by the filing of a relinquishment. The adoption agency becomes legally responsible for the care, custody and control of the child. The agency studies and approves adoptive applicants before placing a child in their home for adoption, then supervises the placement for six or more months before the court approves the adoption.
In an independent adoption, birth parent(s) choose the prospective adoptive parent(s) and place the child directly with them. When making this decision, a birth parent must have personal knowledge of certain facts about the prospective adoptive parent(s). The birth parent(s) placing the child for adoption must receive an advisement of rights, responsibilities, and options from an Adoption Service Provider (ASP). The birth parent(s) must also sign an Independent Adoption Placement Agreement (AD 924), which in 30 days automatically becomes an irrevocable consent to adoption unless revoked within that time. Please note: In most cases the Independent Adoption Program may not be utilized for the adoption of foreign-born children. Most adoption petitions involving a foreign-born child are statutorily defined as intercountry adoptions. As a result, the CDSS or a delegated county adoption agency lacks the authority and necessary credentials to investigate or conduct an intercountry adoption using the Independent Adoption Program. Thus, the Intercountry Adoption Program is the proper channel for proposed adoptions of foreign-born children. For additional information about adopting a foreign-born child through the Independent Adoption Program please see ACL 20-69 .
In an intercountry adoption, prospective adoptive parent(s) adopt foreign-born children for whom the federal law makes a special immigration entry visa available. Intercountry adoption includes completion of the adoption in the child's native country or in California. For more information see question #14.
If you have any questions regarding the Independent or Intercountry Adoption Programs, please e-mail [email protected].
3. About the children!
Foster children of all ages are in the child welfare system awaiting permanent homes. Parental rights to these children have been terminated by court order. The county or the CDSS selects permanent homes in which to make an adoptive placement. Potential adoptive parents are informed of special needs or significant problems which the child may have or encounter. Information provided by the child's caseworker depicts the child and describes the adjustments and challenges the child will have to overcome once placed with an adoptive family.
In an effort to use the power of the Internet and to bring children and families together, the California Kids Connection program was developed as California's registry of children waiting to be adopted and families wanting to adopt. The program offers both a secure website accessible only to California licensed adoption agency personnel and a public site accessible to any Internet user. The public site is available to anyone using the Internet at www.cakidsconnection.org. Visitors to this area of the website may view and indicate their interest in specific children by sending an immediate email to the adoption agency identified for each child. This site features children for whom legal clearance has been granted by the court.
4. How do I find a child, and how do I adopt a child?
If you would like to adopt a child, contact your local public adoption agency or a CDSS adoptions regional office to speak with an agency representative about the adoption process which will include an orientation. After the orientation, if you make the decision to adopt, you must complete and submit a written application and the agency will assign an adoption caseworker to discuss the type of child you wish to adopt and the children that are available through the public adoption agency. You must participate in a "family assessment" which consists of a thorough review of your criminal, medical, employment, emotional, marital, and life history and your home environment, as required by law. This process is a joint effort by the agency and the adoptive applicants. The agency evaluates and determines your ability to provide a stable, safe and permanent home to a child who is available for adoptive placement.
You may also wish to consider adoption through a licensed private adoption agency. You will need to contact licensed private agencies in your area for information about their services, requirements and fees.
Please see question # 3 to view children, via the internet, who are waiting to be adopted.
To obtain a copy of licensed adoption agencies, click here "Directory of Public and Licensed California Adoption Agencies" or call 1(800) KIDS-4-US.
To locate a CDSS adoptions regional office CDSS Adoptions regional offices.
5. What ages of children are available-do you have any babies?
The ages of children available for adoption vary from county to county. Persons wishing to adopt infants may expect to wait some time for their application to be selected, as most agencies have many homes already approved and waiting for the placement of infants.
6. How much will it cost to adopt? Do we need an attorney?
In an agency adoption, the public adoption agency or CDSS adoptions regional office requires that you pay a fee of no more than $500 prior to submitting a favorable report to the court. This fee may be deferred, reduced, or waived under certain conditions. You should also expect to pay for fingerprinting, medical examination, court filing and other adoption-related costs that usually total no more then $100-$300.
Families who adopt children who are eligible for the Adoption Assistance Program may qualify for the Non-recurring Adoption Expense Program. The program reimburses families for adoption related expenses that they incur during the adoption process. The amount of reimbursement is limited to $400 per child. For more information regarding this program, please contact your local county adoption agency or a CDSS Regional Office.
Please note: Fees for services rendered by licensed private adoption agencies are not regulated by the State and may vary. You should ask about the fee schedule when you initially contact the adoption agency.
Adoptive parents may qualify for a federal tax credit for certain expenses paid to adopt an eligible child with special needs and a state tax credit for adopting a child who was in the custody of a California public child welfare agency. For further information about the federal adoption tax benefit, contact the Internal Revenue Services at www. irs.gov or 1-800-829-1040 and request Publication 968. For further information about the state tax benefit, contact the California Franchise Tax Board at www.ftb.ca.gov or 8-800-852-5711 and request information on Credit for Child Adoption Costs - Tax Credit Code 197.
The fee for the cost of the investigation of an Independent adoption petition is $4,500. The fee may be reduced under certain circumstances.
The fee for the cost of the investigation of an Independent Adoption petition for a family with a completed, approved pre-placement evaluation is $1,550. The pre-placement evaluation must meet the requirements of Family Code Section 8811.5.
Services of an attorney are generally not necessary in an agency adoption. Although independent adoptions can be done without the involvement of an attorney in some instances, the involvement and consultation of a legal professional is generally desirable to ensure all legal requirements are met and the rights of the parties to the adoption are protected.
7. Is there financial assistance provided once the adoption is final?
The Adoption Assistance Program can provide financial assistance and some medical coverage for many of today's waiting foster children. This assistance may continue until the child is age 18 or, in certain circumstances, age 21.
8. Both of us work. Will I have to quit my job if I want to adopt or be a foster parent?
NO. Both parents may be working as long as appropriate childcare arrangements are made. The State also enacted new legislation which extends disability compensation to allow individuals who take time off work to bond with a new child. For more information about the Paid Family Leave Insurance Program .
9. I don't own my own home, or I live in an apartment. May I adopt?
YES. You don't have to own a house to give a home. You may rent or own as long as your home is safe and has enough room for family members. What is most important is the love, understanding and guidance you can offer a child.
10. May single persons adopt?
Yes, single men and women may also adopt. In fact, approximately one-fourth of the children adopted from the public foster care system are adopted by single individuals.
11. How long will it take to adopt a child?
In an agency adoption, depending on the workload of the agency selected, it will take anywhere from six months to a year to complete an adoption family assessment. Most adoptive placements occur one to several months after the family assessment has been approved.
In an independent adoption, the process will vary based on when the prospective adoptive parents have been chosen by birth parents. However, the department or delegated county adoption agency must investigate the proposed adoption within 180 days after they receive a copy of the filed petition and 50 percent of the adoption fee.
In an intercountry adoption, the process will vary with each country. You should contact a private adoption agency licensed to provide these services in the county where you reside to inquire about the length of the process.
12. How can I get referrals to appropriate agency/county adoption offices?
A "Directory of Public and Licensed California Adoption Agencies " is available as a PDF. It may also be obtained by calling 1-800-KIDS-4-US or writing to:
California Department of Social Services
Adoption Services Branch
744 P Street, MS 8-12-521
Sacramento, CA 95814
13. What are interjurisdictional placement requirements?
In 1999 California enacted statutes that implemented interjurisdictional adoption provisions. These provisions specify that the placement of a child for adoption may not be delayed or denied because the prospective approved adoptive family resides outside the jurisdiction of the Department or the licensed adoption agency. Such an adoptive family is one who is approved by an authorized entity in the state of residence in accordance with California standards.
It is also indicated in statute that if a person alleges there was a denial or a delay in the placement of a child for adoption based solely because they live outside the jurisdiction of the Department, they will be accorded an opportunity for a state hearing.
14. If I find a child in another country, how can I adopt him/her?
Through the Intercountry Adoption Program, licensed private adoption agencies are specially licensed to assist California residents in adopting foreign-born children. The licensed agency will assist you in completing the home study that is required for all Hague and Orphan adoption cases, as well as prepare you for the different requirements to adopt based on the child’s country or origin. United States Citizenship and Immigration Services (USCIS) has final approval in determining the eligibility and suitability of the prospective adoptive parent(s) looking to adopt and the eligibility of the child to immigrate to the United States (U.S.).
There are three processes for adopting a child internationally: Hague, Orphan (non-Hague) and Other Adoption Related Immigration. Each process is distinct and has different eligibility requirements. Here is a guide that explains the three different ways to adopt a child born abroad. Before a child immigrates to the U.S., the child will need an immigrant visa. The type of visa the child is issued will determine what steps you need to take for the child to acquire U.S. citizenship. For more information on citizenship for an adopted child, click here. For more information on the process of intercountry adoptions, please visit the USCIS Adoption website at https://www.uscis.gov/adoption.
In California, if the adoption of the child is full and final in the child’s country of origin, the child will need to be readopted in California per Family Code section 8919. To obtain more information about California's Intercountry Adoption Program requirements, contact a private adoption agency licensed to provide these services in the county where you reside. Click here to obtain a " Directory of California Adoption Agencies."
If you have any questions regarding the Intercountry Adoption Program, please e-mail [email protected].
15. How do I find an adoption service provider?
For more information on adoption services provider, please see the Registry of California Adoption Services Providers website or email: AdoptionServiceProviders@dss. ca.gov.
16. What is the Interstate Compact on the Placement of Children (ICPC)?
The ICPC is an agreement among the states to provide for movement of children across state boundaries for purposes of foster care or adoption. The compact governs adoptive placements of children between states, including independent adoptions. ICPC procedures must be followed and requirements met before children can be placed in another state. There is more information on the ICPC Page.
17. What is the difference between adoption and guardianship?
Adoption is the permanent legal assumption of all parental rights and responsibilities for a child. Adoptive parents have the same legal rights and responsibilities as parents whose children are born to them.
A guardian is someone appointed by the court to care for a child until he or she is 18. If you become a guardian, the court grants you the right to make most decisions regarding the child. A guardian is not a child's legal parent and may be subject to ongoing supervision of the court. Guardianship does not give all the legal rights and responsibilities of a parent to the guardian the way adoption does to an adoptive parent. The court can make a decision about guardianship whether or not the parent agrees.
18. What is an Adoption Facilitator?
An Adoption Facilitator is an independent business entity that is in the business of matching prospective adoptive parents with birth parent(s) who have decided to place their child for adoption. An Adoption Facilitator’s only legitimate service is to arrange contact between the birth parent and the prospective adoptive parent(s). Following that contact, all further key actions to proceed with an adoption are performed by the birth parent and the prospective adoptive parent(s) and/or their attorney in an Independent adoption, or a licensed, public or private adoption agency in an Agency adoption. Adoption Facilitators must inform potential clients that they are not a licensed adoption agency.
California Foster Care and Adoption – AdoptUSKids
We're glad that you are considering fostering or adopting a child from US foster care.
Contact information
Phone (teléfono): 888-336-8860
Email (correo electrónico): [email protected] (email must have a subject line)
Resources provided by California Kids Connection:
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Frequently asked questions about adopting from foster care in California
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Tips on how to choose an agency (32 KB Word document)
Also see the California Department of Social Services website.
On this page:
- Foster parent licensing requirements
- Adoption licensing requirements
- Costs to foster and adopt
- Agency contact and orientation information
- Information on California's waiting children
- Post adoption support services
Foster parent licensing requirements
The Resource Family Approval (RFA) Program is a family-friendly and child-centered approval process. Once caregivers are approved resource families, they will not have to undergo any additional approval or licensure if they choose to adopt or be appointed a guardian for a child in foster care.
Basic requirements and qualifications include applicant(s) being at least 18 years of age. The applicant(s) must attend an orientation, submit an application packet, followed by pre-approval training, and become certified in CPR and first aid. The RFA process will include a comprehensive psychosocial assessment and a home safety inspection. Upon meeting all those requirements, the applicant(s) will be approved as a resource family.
More information is available from the California Department of Social Services.
Adoption licensing requirements
Adoptive parents complete forms on their criminal and employment backgrounds, among other paperwork. The home study process also includes an interview to ascertain whether the potential parents are prepared for adoption. Some of the issues covered in the home study include:
- Is the house clean and safe?
- Is there a bedroom for the child?
- If the applicants are married, how long have they been married? (You don't have to be married to adopt. )
- If people are adopting as a couple, are both people eager to adopt?
- Do the applicants have any experience with children?
- Can they afford to have the child?
The goal of the interview and examination process is not to make sure the applicants have a lot of money, a big house, or a great deal of education. Instead, the goal is to verify that adoption is the appropriate choice for the family. The home study is also an opportunity for the potential parents to obtain information from the agency worker and to have their questions answered. More information is available from the California Department of Social Services and also at the Child Welfare Information Gateway.
Costs to foster and adopt
Typically, there is no fee for families interested in adopting a child or sibling group from foster care. Licensed public adoption agencies (also known as California Department of Social Services adoptions district offices) may require that you pay a fee of no more than $500. This fee may be deferred, reduced, or waived under certain conditions. There are also many adoption agencies who do not require applicants to pay this fee.
You should also expect to pay for fingerprinting, medical examinations, court filing, and other adoption-related costs such as CPR classes or any necessary water safety classes. These requirements are usually no more than $100 to $300, and some of these expenses may be reimbursable after the adoption is finalized.
Agency contact and orientation information
Find lists of California foster and adoption agencies by county on the California Kids Connection website.
Post-adoption support services
Locate post-adoption and guardianship support services in California, including parent support groups.
Information on children
There are more than 55,000 children in foster care in California, about 34 percent of whom are placed with relatives. The majority will return home to live with their family as soon as the problems that caused their entry into care are sufficiently resolved. About 5,500 children are adopted each year, and about 2,000 California children need an adoptive family every day.
Adoption process in the USA - Immigration to the USA
Family is, of course, one of the main values in a person's life. However, unfortunately, not all families can have a child. Moreover, there are a huge number of children in the world who are deprived of parental love and affection. Therefore, adoption is a great option for many to find a long-awaited family.
Adoption of children from other countries is in great demand in the USA. According to USCIS statistics, there are about 5,000 international adoptions a year in the United States. nine0006 The reasons for this are the desire of Americans to help children from underdeveloped and economically unstable countries and give them a chance for a brighter future. In addition, at the moment, many are striving to create multicultural families. Well, an important factor that pushes families to international adoption is the huge competition and the duration of this procedure in the United States.
Most often, American families adopt children from China, Congo, Russia, Guatemala, South Korea, Ethiopia and Ukraine. nine0012
International adoption procedure
Undoubtedly, international adoption is a very long and difficult process. In order to adopt a child from another country, you first need to obtain an adoption permit. The United States Citizenship and Immigration Services (USCIS) is handling this matter. It determines the suitability of potential adoptive parents and verifies children's immigration eligibility.
However, international adoption is also governed by the laws of the child's country of residence. Accordingly, before you decide to adopt a child from a certain country, be sure to check its requirements for international adoption.
In general, there are 3 immigration processes for a child in case of intercountry adoption . And in order to adopt a child from another country, you need to fulfill all the requirements, in accordance with the chosen process.
1.
The Hague Adoption ProcessFirst of all, Since 2008, the United States has been a party to the Hague Convention on Intercountry Adoption . It includes more than 100 states. Therefore, if the child's country of origin is included in this list, you can use this circumstance when adopting.
2. Orphan adoption process
Basically, this adoption procedure is for orphans from countries that are not parties to the Hague Convention. nine0006 In this case, you need to officially prove the child's orphanhood.
It should be noted that in the first two cases the potential parents of the adopted child must be US citizens over 25 years of age. In addition, parents will need to provide proof of housing and material conditions, as well as a number of other checks , before the official permission to adopt.
3. Adoption of relatives
It applies to US citizens and permanent residents who intend to adopt a child through kinship. At the same time, the child at the time of adoption must be under 16 years old (or up to 18 years old if the adopter is a biological brother and sister). In addition, you must have 2 years of physical and legal guardianship.
Immigrant visas for adopted children
Moreover, if you are adopting a child from another country, after the process is completed, he will need an immigrant visa to enter the United States. nine0003
Generally, there are several types of immigrant visas for adopted children :
1. For children from countries of the Hague Convention
- IH-3 visa: is issued to fully adopted children.
- IH-4 visa: for children coming to the United States for adoption.
2. For children from countries that are not members of the Hague Convention
- Visa IR-3: after full and final adoption abroad.
- IR-4 Visa: Issued if the child: is coming to the US for adoption; was adopted by only one of the parents (if they are married).
3. Adoption by Kinship - IR-2 visa.
US citizenship procedure for an adopted child
First, children who come to the US on the basis of visas0006 IR-3s and IH-3s automatically acquire US citizenship. However, the child must be under 18 years of age to enter the United States.
Second, children with IR-4 and IH-4 visas do not receive citizenship upon arrival, but become US residents. Therefore, they automatically receive a permanent resident card (Green Card). Once the adoption process is completed, only then can they acquire US citizenship. nine0003
Third, For adopted children with an IR-2 visa, there are several options. Basically, they receive American citizenship automatically. However, there are cases when a child receives a green card.
Adoption period and costs
Generally, the adoption process takes one to four years. Many factors influence this. Usually, the period depends on the laws and procedures of adoption in the child's country of origin. nine0003
Regarding the cost of international adoption, everything is individual here. In most cases, the cost is approximately 30-50 thousand dollars.
adoption procedure, conditions, documents, rights and obligations of adoptive parents
Tamara Skokova
creates a benefit for the family
Author profile
As of the beginning of 2021, 37 thousand children were brought up in Russian orphanages.
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. nine0003
I worked in the guardianship and guardianship authorities for 17 years, 14 of them as a supervisor. 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. nine0003
Custody and guardianship. The most common form of placement for children: often used as an intermediate step on the path to adoption.
Guardianship and Custody Act
Guardianship is established over children under 14 years of age, and guardianship over 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. nine0003
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, the guardian and trustee are paid an allowance 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 when a child is brought up to a family
If a child is brought up by a guardian or custodian, 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.
Art. 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 payments 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 given a 50% discount on utility bills, fuel, gas, telephone. nine0003
paragraph 5 art. 148.1 of the RF IC
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.
Section 5, 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. nine0003
Laws and regulations on patronage of the 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. nine0003
For a long time, a child is placed in a foster family only if, for some reason, it is not possible to transfer the child to a guardian, custodian 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. nine0003
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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. There is no such temporary nature of upbringing as in case of guardianship, guardianship or transfer of 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. nine0003
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. nine0003
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. nine0003
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 | The foster family receives a one-time allowance when the child is adopted into the family, a monthly remuneration to the foster parent for the performance of duties and an allowance for the maintenance of the 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 |
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 in 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 who provide the child’s care
Rights of the adoptive parents. The rights of blood parents
What are the obligations to ensure child care
The obligations of adoptive parents are identical to those of natural parents
How the state supports persons providing care for a child
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
A guardian or custodian has the right to raise a child and act as his legal representative.
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
3
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 custody
How the state supports persons providing care for a child 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
Employment
Who are considered the parents of the child
Blood family
What rights do caregivers have
Determine the daily routine of the child, resolve current issues of the child’s life in accordance with the contract and the child’s rights protection plan
What are the responsibilities of those who 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. nine0003
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:
- Legal capacity: own and spouse, if any.
- Absence of conviction for grave and especially grave crimes.
- 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.
- Home ownership or rental.
- Substitute parents have a school leaving certificate.
- No information about deprivation or restriction of parental rights, cancellation of adoption, removal from the duties of a guardian. nine0090
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.
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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
Familiarize yourself with the guardianship authorities at your place of residenceAs 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. nine0003
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. nine0003
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:
- 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.
- Passport copies. nine0090
- Original and copy of the medical certificate for each of the adoptive parents.
- Certificate of criminal record or non-conviction.
- 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.
- 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. nine0090
- Documents confirming the right to use the residential premises or the ownership of the residential premises.
- Certificate of completion of training for persons wishing to adopt a child left without parental care into their family.
- 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. nine0003
Step 2
Obtain a certificate of no criminal recordI 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
To order a certificate through the public services portal, you need to go to your personal account and select the public service: "Obtaining a certificate of the presence (absence) of a criminal record. " Source: gosuslugi.ru This is what a certificate of no criminal record looks likeStep 3
Pass a medical examinationPeople without serious health problems can take a child from an orphanage.
The list of diseases preventing adoption includes:
- Tuberculosis - patients of the 2nd and 3rd dispensary groups.
- Infectious diseases.
- Mental illness.
- Drug and alcohol addiction, substance abuse.
- Malignant tumors of the 3rd and 4th degree.
- The first group of disability. nine0090
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. nine0003
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.
A list of examinations and examinations that you will definitely need to pass. Source: gosuslugi.ru Conclusion form, which is issued to future adoptive parentsStep 4
Obtain a certificate of income and positionApplicants for 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.
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What rights do guardians have
Step 5
Write a CVCV is required 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. nine0003
CV must include:
- 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.
- 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. nine0090
- 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.
- 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. nine0090
- Personal hobbies and additional 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.
Sample CVStep 6
Complete a course or a school for adoptive parentsThe 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. nine0003
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. nine0003
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.
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You can study for free at any school, regardless of the place of registration.
Foster Parent School Certificate FormStep 7
Get an act of checking housing conditionsWhen 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 candidates for adoptive parents.
For verification, potential adoptive parents provide:
- An extract from the USRN confirming the ownership of housing or a contract of social or commercial employment.
- Information on the number of residents registered in the housing area.
/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. nine0003
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 living 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. nine0003
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. nine0003
Art. 50 ZhK RF
Law on amendments to the RF IC
Step 8
Find a child for adoptionTo select a child, candidates can apply, at 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. nine0003
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 take into the family. 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. nine0003
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Is it possible to adopt an adult?
This is how the statement of consent to adoption looks like, which the biological mother writes in the maternity hospitalWhat 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:
- The child is absolutely healthy. nine0090
- 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.
- Children with mild curable pathologies and chronic diseases with rare exacerbations, who are in remission at the time of the examination. nine0090
- Children with chronic diseases, injuries or operations that limit the child's life or require supportive care.
- 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. nine0003
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 4-5 groups more often remain in children's homes.
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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. nine0003
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. nine0003
Art. 132 SK RF
At the end of the ten-day period, the candidate for adoptive parents will have to write on the referral 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
Apply for adoption to the courtThis 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. nine0003
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. An adoptive parent, a guardian, a prosecutor and a child, if he is over 14 years old, must necessarily participate in the process.
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Rights of children under 18 years of age
Usually, a court decision enters into force 10 days after it is issued: 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. nine0003
Art. 157 of the Labor Code of the Russian Federation
Step 10
Obtain an adoption registration certificateTo 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 an adoption can be canceled and parental rights can be terminated
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. nine0003
A claim for the annulment of an adoption may be filed by the adoptive parents themselves, the guardianship and guardianship authorities, the prosecutor and the child if he has reached the age of 14.
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 hereditary developmental abnormalities in a child 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. nine0003
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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
- Before adopting a child, you need to analyze your motivations, weigh the pros and cons.
- 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.