How much can you get for claiming a child

The Child Tax Credit | The White House

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The Child Tax Credit in the American Rescue Plan provides the largest Child Tax Credit ever and historic relief to the most working families ever – and as of July 15^th, most families are automatically receiving monthly payments of $250 or $300 per child without having to take any action. The Child Tax Credit will help all families succeed.

The American Rescue Plan increased the Child Tax Credit from $2,000 per child to $3,000 per child for children over the age of six and from $2,000 to $3,600 for children under the age of six, and raised the age limit from 16 to 17. All working families will get the full credit if they make up to $150,000 for a couple or $112,500 for a family with a single parent (also called Head of Household).

Major tax relief for nearly

all working families:

$3,000 to $3,600 per child for nearly all working families

The Child Tax Credit in the American Rescue Plan provides the largest child tax credit ever and historic relief to the most working families ever.

Automatic monthly payments for nearly all working families

If you’ve filed tax returns for 2019 or 2020, or if you signed up to receive a stimulus check from the Internal Revenue Service, you will get this tax relief automatically. You do not need to sign up or take any action.

President Biden’s Build Back Better agenda calls for extending this tax relief for years and years

The new Child Tax Credit enacted in the American Rescue Plan is only for 2021. That is why President Biden strongly believes that we should extend the new Child Tax Credit for years and years to come. That’s what he proposes in his Build Back Better Agenda.

Easy sign up for low-income families to reduce child poverty

If you don’t make enough to be required to file taxes, you can still get benefits.

The Administration collaborated with a non-profit, Code for America, who created a non-filer sign-up tool that is easy to use on a mobile phone and also available in Spanish. The deadline to sign up for monthly Child Tax Credit payments this year was November 15. If you are eligible for the Child Tax Credit but did not sign up for monthly payments by the November 15 deadline, you can still claim the full credit of up to $3,600 per child by filing your taxes next year.

See how the Child Tax Credit works for families like yours:

Jamie
- Occupation: Teacher
- Income: $55,000
- Filing Status: Head of Household (Single Parent)
- Dependents: 3 children over age 6
Jamie
Jamie filed a tax return this year claiming 3 children and will receive part of her payment now to help her pay for the expenses of raising her kids. She’ll receive the rest next spring.
- Total Child Tax Credit: increased to $9,000 from $6,000 thanks to the American Rescue Plan ($3,000 for each child over age 6).
- Receives $4,500 in 6 monthly installments of $750 between July and December.
- Receives $4,500 after filing tax return next year.
Sam & Lee
- Occupation: Bus Driver and Electrician
- Income: $100,000
- Filing Status: Married
- Dependents: 2 children under age 6
Sam & Lee
Sam & Lee filed a tax return this year claiming 2 children and will receive part of their payment now to help her pay for the expenses of raising their kids. They’ll receive the rest next spring.
- Total Child Tax Credit: increased to $7,200 from $4,000 thanks to the American Rescue Plan ($3,600 for each child under age 6).
- Receives $3,600 in 6 monthly installments of $600 between July and December.
- Receives $3,600 after filing tax return next year.
Alex & Casey
- Occupation: Lawyer and Hospital Administrator
- Income: $350,000
- Filing Status: Married
- Dependents: 2 children over age 6
Alex & Casey
Alex & Casey filed a tax return this year claiming 2 children and will receive part of their payment now to help them pay for the expenses of raising their kids. They’ll receive the rest next spring.
- Total Child Tax Credit: $4,000. Their credit did not increase because their income is too high ($2,000 for each child over age 6).
- Receives $2,000 in 6 monthly installments of $333 between July and December.
- Receives $2,000 after filing tax return next year.
Tim & Theresa
- Occupation: Home Health Aide and part-time Grocery Clerk
- Income: $24,000
- Filing Status: Do not file taxes; their income means they are not required to file
- Dependents: 1 child under age 6
Tim & Theresa
Tim and Theresa chose not to file a tax return as their income did not require them to do so. As a result, they did not receive payments automatically, but if they signed up by the November 15 deadline, they will receive part of their payment this year to help them pay for the expenses of raising their child. They’ll receive the rest next spring when they file taxes. If Tim and Theresa did not sign up by the November 15 deadline, they can still claim the full Child Tax Credit by filing their taxes next year.
- Total Child Tax Credit: increased to $3,600 from $1,400 thanks to the American Rescue Plan ($3,600 for their child under age 6). If they signed up by July:
- Received $1,800 in 6 monthly installments of $300 between July and December.
- Receives $1,800 next spring when they file taxes.
- Automatically enrolled for a third-round stimulus check of $4,200, and up to $4,700 by claiming the 2020 Recovery Rebate Credit.

Frequently Asked Questions about the Child Tax Credit:

Overview

Who is eligible for the Child Tax Credit?

Getting your payments

What if I didn’t file taxes last year or the year before?

Will this affect other benefits I receive?

Spread the word about these important benefits:

For more information, visit the IRS page on Child Tax Credit.

Download the Child Tax Credit explainer (PDF).

ZIP Code-level data on eligible non-filers is available from the Department of Treasury: PDF | XLSX

The Child Tax Credit Toolkit

2021 Child Tax Credit: Definition, FAQs & How to Claim

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The child tax credit has grown to up to $3,600 for the 2021 tax year. Here’s a primer on who qualifies, when to expect Letter 6419 and how to reconcile the advance credit on your taxes.

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Table of Contents

What is the child tax credit?
Who qualifies for the child tax credit?
How much you can get per child
How the child tax credit will affect your taxes
Will you have to pay back the child tax credit?

Table of Contents

What is the child tax credit?
Who qualifies for the child tax credit?
How much you can get per child
How the child tax credit will affect your taxes
Will you have to pay back the child tax credit?
Estimate your child tax credit amount

What is the child tax credit?

The child tax credit, or CTC, is an annual tax credit available to taxpayers with qualifying dependent children. It was first introduced as part of the Taxpayer Relief Act of 1997 and has played an important role in providing financial support for American taxpayers with children.

The tax credit — normally up to $2,000 per qualifying dependent — was expanded to a maximum of $3,600 in 2021 as part of the American Rescue Plan (the coronavirus relief package that took effect in March). And, for the first time in U.S. history, many taxpayers also received half of the credit as advance monthly payments from July through December of 2021.

🤓Nerdy Tip

By the end of January, all recipients of the advance child tax credit payments should receive Letter 6419, which will provide a breakdown of all the advance payments disbursed to you. The IRS has asked taxpayers to use the letter to reconcile the credit on their 2021 returns. If you suspect your Letter 6419 states an inaccurate advance payment total, the IRS advises visiting your IRS online account for the most up-to-date information.

Who qualifies for the child tax credit?

For the 2021 tax year, you can take full advantage of the expanded credit if your modified adjusted gross income is under $75,000 for single filers, $112,500 for heads of household, and $150,000 for those married filing jointly.

The credit begins to phase out above those thresholds.

First phaseout: Income exceeds the above thresholds but is below $400,000 (married filing jointly) or $200,000 (all other filing statuses). Your total credit per child can be reduced by $50 for each $1,000 (or a fraction thereof). This phaseout will not reduce your credit below $2,000 per child.
Second phaseout: Income exceeds $400,000 (married filing jointly) or $200,000 (other filing statuses). The phaseout will continue docking $50 per each $1,000 and begin to reduce your credit per child below $2,000. You may be disqualified from the credit altogether.

Some of the other eligibility requirements for the child tax credit include:

You must have provided at least half of the child’s support during the last year, and the child must have lived with you for at least half the year (there are some exceptions to this rule; the IRS has the details here).
The child cannot file a joint tax return.
You must have lived in the U.S. for more than half the year (or, if filing jointly, one spouse must have had a main home in the U.S. for more than half the year).

The IRS has a tool to check your eligibility.

How much you can get per child

For the 2021 tax year, the child tax credit offers:

Up to $3,000 per qualifying dependent child 17 or younger on Dec. 31, 2021.
Up to $3,600 per qualifying dependent child under 6 on Dec. 31, 2021.

If you took advantage of the advance payments, the IRS most likely sent half of the credit in the form of monthly payments from July through December of 2021. Those with qualifying dependents 17 or younger might have received up to $250 monthly per qualifying dependent and those with children 5 or younger might have received up to $300 monthly per qualifying dependent.

» MORE: See who qualifies as a tax dependent

How the child tax credit will affect your taxes

For the 2021 tax year, the CTC is fully refundable — that is, it can reduce your tax bill on a dollar-for-dollar basis, and you might be able to get a tax refund check for anything left over. How much of the credit you claim on your 2021 return will depend on whether you opted in for advance payments, how much you received as an advance, as well as your tax-filing circumstances.

If you received advance payments

Letter 6419 contains a detailed summary of the money you received from the advance CTC payments. It also confirms the number of qualifying dependents the IRS used to calculate those advance payments. This information will help you to reconcile the credit when you file your return.

If you opted out of advance payments

If you opted out of the advance payments before the first one was disbursed in July, claiming the credit on your return will likely be much simpler. When you file, you'll simply confirm that you're eligible for the credit and then claim the full amount you're entitled to based on your 2021 income and number of qualifying dependents.

If you don't normally file taxes

Low-income families who may not normally file a tax return had the option to sign up for advance payments using the IRS's non-filers sign-up tool. To claim the balance (or the full credit if you didn't receive the advance payments), you'll need to file a return this year.

» MORE: Learn more about IRS Free File — plus other ways to get free tax prep or help

Will you have to pay back the child tax credit?

First, some good news. The child tax credit is not considered taxable income. It's a credit, which means it can lower your tax bill or potentially result in a refund. However, things get a little tricky if it turns out that you were overpaid on your advance payment.

The advance payments were a prepayment of the 2021 tax credit you would normally claim in full during filing season. But because half of the credit was sent out early, the IRS likely used your most recent tax return (2020 or older) to determine how much of an advance to send you each month. So, if your financial or personal circumstances (such as your filing status, income, custody arrangements or residency status) have changed in 2021, there's a chance you might have received more of an advance than you're actually eligible for. A few ways this could play out:

Let's say you received advance payments totaling $1,500 for your qualifying dependent based on your 2020 income. However, your income has increased significantly in 2021, making you eligible only for a reduced credit. The excess paid out to you is considered an overpayment.
Another example: You're a single filer with one dependent who lived in the U.S. in 2020. The IRS then sent you advance payments based on that information, which you accepted. However, in 2021, you actually lived outside of the U. S. for more than half the year, making you ineligible for the child tax credit. Accepting the payment would also be considered an overpayment.

If it turns out that you were given more of an advance than you were eligible for, you’ll need to report it as additional income tax to the IRS on your 2021 return. That additional income tax will either reduce your refund or potentially increase your tax bill.

Some people who were overpaid may also be eligible for repayment protection, meaning they won't need to repay the IRS. You can learn more about who qualifies on the IRS website. If you're unsure how to reconcile your credit or believe you may have been overpaid, quality tax software or working with a professional tax preparer can help you to reconcile your credit before the tax-filing deadline.

» MORE: How to find a tax preparer near you

Frequently asked questions

I had a baby in 2021. Am I eligible for the CTC?

Yes. Parents of newborns in 2021 are eligible for the child tax credit. You can claim the credit when you file your 2021 return.

The child tax credit update portal shows that a payment was issued, but I didn't receive it. What steps do I take?

If the child tax credit update portal and your IRS online account show that you were issued a payment that you did not actually receive, you can call the IRS to report the missing payment and request a trace at 800-908-4184 (7 am to 7 pm local time).

The agency urges you to have the following information on hand when you call: the payment date, payment method, status, and the amount listed in the CTC update portal.

If the IRS determines that the payment was not received by you or returned to the agency, the IRS will update its records, and those who are eligible can claim the missing amount on their 2021 return.

Are the advance child tax credit payments permanent?

No. Legislation to extend the enhanced credit amount and advance payment structure has not been passed. For now, the child tax credit for the 2022 tax year will revert back to its original max of $2,000 per qualifying dependent.

Is the child tax credit taxable?

No, the child tax credit is not considered income and therefore is not taxable. However, if the IRS overpaid you (i.e., the amount you received is more than you can claim), you may need to reconcile the overpayment on your 2021 tax return.

Estimate your child tax credit amount

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State: $29.95 to $44.95.
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One-time allowance for the transfer of a child to a family (at the expense of the budget of St.

Applicants have the right to a pre-trial (out-of-court) appeal against decisions and actions (inaction) taken (carried out) by the Administration, officials of the Administration, civil servants of the Administration in the course of providing public services. The pre-trial (out-of-court) appeal procedure does not exclude the possibility of appealing against decisions and actions (inaction) taken (carried out) in the course of providing public services in court. The pre-trial (out-of-court) appeal procedure is not mandatory for the applicant.

The procedure for pre-trial (out-of-court) appeal against decisions and actions (inaction) of the executive body providing the public service, officials of the executive body providing the public service is determined by Federal Law No. 210-FZ.

Information on the procedure for filing and considering a complaint is provided to applicants by posting information on the page of the Administration and the Committee for Social Policy of St. Petersburg on the official website of the Administration of St. Petersburg, on the portal, as well as using telephone means, in writing, by e-mail, upon personal appointment.

The applicant may file a complaint in the following cases:

violation of the deadline for registering a request for the provision of a public service;
violation of the term for the provision of public services;
requiring the applicant to provide documents or information or perform actions, the submission or implementation of which is not provided for by the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation for the provision of public services;
refusal to accept documents, the provision of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg for the provision of public services, from the applicant;
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, regulatory legal acts of St. Petersburg;
requirement from the applicant when providing a public service of a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
refusal of the Administration, an official of the Administration, a civil servant of the Administration to correct typographical errors and errors in documents issued as a result of the provision of a public service, or violation of the deadline for such corrections;
violation of the term or procedure for issuing documents based on the results of the provision of public services;
suspension of the provision of a public service, if the grounds for suspension are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of St. Petersburg;
requirement from the applicant when providing the public service of documents or information, the absence and (or) unreliability of which was not indicated upon the initial refusal to accept the documents necessary for the provision of the public service, or in the provision of the public service, except for the cases provided for in clause 4 of part 1 of the article 7 of Federal Law No. 210-FZ.

If the complaint is filed through a representative, a document confirming the authority to act on behalf of the complainant is also submitted. As a document confirming the authority to act on behalf of the applicant, the following can be submitted:

power of attorney issued in accordance with the legislation of the Russian Federation (for individuals).

Subject of complaint

The complaint must contain:

name of the Administration, position and surname, first name, patronymic (last name, if any) of an official or civil servant of the Administration whose decisions and actions (inaction) are being appealed;
last name, first name, patronymic (the last one - if available), information about the place of residence of the applicant-individual, as well as the contact phone number (numbers), email address (s) (if any) and the postal address to which the application should be sent response to the applicant;
information about the appealed decisions and actions (inaction) of the Administration, an official of the Administration or a civil servant of the Administration, including in the case of filing a complaint with the MFC or through the portal-type of violation specified in paragraph 5. 1.1 of the administrative regulation;
arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the Administration, an official of the Administration or a civil servant of the Administration. The applicant may submit documents (if any) confirming the applicant's arguments, or copies thereof.

Executive bodies and officials authorized to consider a complaint, to whom a complaint can be sent in a pre-trial (out-of-court) procedure

The complaint is submitted to the Administration providing the public service.

A complaint against decisions and actions (inaction) of the head of the Administration may also be filed with the Vice-Governor of St. Petersburg, who directly coordinates and controls the activities of the Administration, or, in his absence, with the head of the Administration.

Methods for filing and handling a complaint

A complaint may be filed:

in electronic form;
in writing on paper.

Submission of a complaint on paper is carried out:

by mail;
through the MFC;
at the personal reception of the applicant at the Administration (at the place of provision of the public service, i.e. at the place where the applicant applied for a public service, the violation of the procedure for the provision of which is being appealed, or at the place where the applicant received the result of the specified public service).

At a personal reception, the applicant presents a document proving his identity in accordance with the legislation of the Russian Federation.

The documents specified in paragraph 5.1.2 of the Administrative Regulations may be submitted in electronic form, while the identity document of the applicant is not required.

An electronic complaint is filed through the official website of the Administration of St. Petersburg (domain name of the site on the Internet - gov.spb. ru) in the section of the Administration, portal (domain name of the site on the Internet - gu.spb.ru) .

Filling out an application for consideration of a complaint through the portal is carried out by the applicant personally, subject to the authorization of the applicant on the portal through the ESIA.

Complaint Procedure

A complaint against decisions and actions (inaction) of the Administration, its officials and civil servants is considered by the Administration.

A complaint against decisions and actions (inaction) of the head of the Administration is considered by a higher authority.

The MFC, in case of filing a complaint through the MFC, ensures the transfer of the complaint to the Administration in the manner and terms established by the agreement on interaction between the MFC and the Administration, but no later than the next working day from the date of receipt of the complaint.

If the complaint is filed by the applicant with a body whose competence does not include making a decision on the complaint, within three working days from the date of its registration, the said body sends the complaint to the body authorized to consider it and informs the complainant in writing about the redirection of the complaint. In this case, the period for considering a complaint is calculated from the date of registration of the complaint with the body authorized to consider it.

If a different procedure (procedure) for filing and considering complaints is established by federal law in respect of a complaint received, the provisions of this section shall not apply, and the applicant shall be notified that his complaint will be considered in the manner and within the time limits stipulated by federal law.

The administration has the right to leave the complaint unanswered in the following cases:

presence in the complaint of obscene or offensive language, threats to life, health and property of an official, as well as members of his family;
the inability to read any part of the text of the complaint, the last name, first name, patronymic (if any) and (or) the postal address of the applicant indicated in the complaint.

If the complaint is left unanswered, the Administration, within three working days from the date of registration of the complaint, informs the citizen who filed the complaint about this, if his name and postal address are legible.

Deadlines for considering a complaint

The term for considering a complaint is calculated from the date of registration of the complaint with the Administration.

A complaint received by the Administration is subject to registration no later than the next working day from the date of its receipt. The complaint is subject to consideration by an official, an employee empowered to consider complaints, within fifteen working days from the date of its registration, unless shorter periods for considering a complaint are established by the Administration.

In the event of an appeal against the refusal of the Administration to accept documents from the applicant or to correct typographical errors and (or) errors, or in case of an appeal against a violation of the deadline for such corrections, the complaint is considered within five working days from the date of its registration.

Result of consideration of the complaint

Based on the results of consideration of the complaint, the Administration makes one of the following decisions:

the complaint is satisfied, including in the form of cancellation of the decision, correction of misprints and errors in documents issued as a result of the provision of public services, return to the applicant of funds, the collection of which is not provided for by the regulatory legal acts of the Russian Federation, regulatory legal acts of St. Petersburg ;
refuses to satisfy the complaint.

This decision is taken in the form of an act of the Administration.

Based on the results of the audit, if there are no arguments in the complaint confirming the existence of the type of violation of the procedure for the provision of services indicated by the applicant, the official responsible for considering the complaint makes a decision to refuse to consider the complaint on the merits due to the inconsistency of the information contained in the complaint with the indicated type of violation.

The administration refuses to satisfy the complaint in the following cases:

the presence of a court decision that has entered into legal force, an arbitration court on a complaint about the same subject and on the same grounds;
filing a complaint by a person whose powers have not been confirmed in the manner prescribed by the legislation of the Russian Federation;
the presence of a decision on the complaint, taken earlier in accordance with the requirements of the administrative regulations in relation to the same applicant and on the same subject of the complaint.

If, during or as a result of the consideration of a complaint, signs of an administrative offense or crime are established, the official, employee empowered to consider complaints in accordance with paragraph 5.3 of the administrative regulation, immediately send the available materials to the prosecutor's office.

Procedure for informing the applicant about the results of the consideration of the complaint

Upon satisfaction of the complaint, the Administration takes comprehensive measures to eliminate the identified violations, including the issuance of the result of the public service to the applicant, no later than five working days from the date of the decision, unless otherwise provided by the legislation of the Russian Federation.

Not later than the day following the day of the decision, the applicant in writing and at the request of the applicant in electronic form shall be sent a reasoned response on the results of the consideration of the complaint.

In response to the results of the consideration of the complaint, the following shall be indicated:

name of the Administration, position, surname, name, patronymic (if any) of its official who made the decision on the complaint;
number, date, place of the decision, including information about the official, employee whose decision or action (inaction) is being appealed;
surname, name, patronymic (if any) or name of the applicant;
grounds for making a decision on the complaint;
decision made on the complaint;
if the complaint is found to be justified - the deadlines for eliminating the identified violations, including the deadline for providing the result of the public service;
if the complaint is found unfounded - reasoned explanations about the reasons for the decision, as well as information on the procedure for appealing the decision.

Also, in the response on the results of the consideration of the complaint, they apologize for the inconvenience caused and indicate information on further actions that the applicant needs to take in order to receive the public service.

The response based on the results of the consideration of the complaint is signed by an official of the Administration authorized to consider the complaint, endowed with the authority to consider complaints.

At the request of the applicant, a response based on the results of consideration of the complaint may be submitted no later than the day following the day the decision was made, in the form of an electronic document signed by an electronic signature of an official of the Administration authorized to consider the complaint, the form of which is established by the legislation of the Russian Federation.

Procedure for appealing a decision on a complaint

The decision made as a result of consideration of the complaint may be appealed to the Vice-Governor of St. Petersburg, who directly coordinates and controls the activities of the Administrations (Smolny proezd, 1, letter B, St. Petersburg, 191060, tel. (812) 576-62- 62, adm@gov. spb.ru), to the Government of St. Petersburg, as well as to the court in the manner and within the time limits stipulated by the current legislation.

The applicant has the right to receive information and documents necessary to substantiate and consider the complaint.

Informing applicants about the procedure for filing and considering a complaint is carried out by posting information on the portal.

Informing applicants about the procedure for appealing decisions and actions (inaction) is also carried out when the applicant contacts by phone, e-mail addresses, as well as in person at the addresses indicated on the official website of the Administration and on the portal.

The provisions of this section, which establish the procedure for filing and considering complaints of applicants about violations of their rights in the provision of public services, do not apply to relations regulated by the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation" (Law No. 59-FZ).

Complaints of applicants about the organization of the provision of public services in the Administration are submitted and considered in the manner prescribed by Law No. 59-FZ.

procedure and legal consequences of adoption, what is needed, conditions, documents, consent of the child, rights and obligations of adoptive parents brought up 37 thousand children.

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.

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 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.

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.

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 into 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.

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.

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.

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.

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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.

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.

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;
31,561 R 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.

Lump-sum allowance for transferring a child to a family

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 carers 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 blood 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	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 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 the adoptive parents are identical to blood parents

What are the obligations to ensure care of child

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 child 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

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

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.

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.
Lack of information about deprivation or restriction of parental rights, cancellation of adoption, removal from the duties of a guardian.

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

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.

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.

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.
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.
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.

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.

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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:

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

List of diseases that make it impossible to adopt a child

A form for referral 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.

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

Applicants 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

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.

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.
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.
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.

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.

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 if 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.

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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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:

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.

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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.

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.

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.

Art. 50 ZhK RF

Law on amendments to the RF IC

Step 8

To 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.

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.

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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:

The child is absolutely healthy.
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.
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.

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.

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How I became a foster mother to three girls

How the meeting with the child goes. After the child is found, prospective adoptive parents go to the guardianship to which the particular 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.

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.

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

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 the acceptance of the case for proceedings, setting the court date. You don't need to pay state duty.

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.

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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.

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 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.

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.

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Why they can deprive of parental rights

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