How to adopt a child in alabama
Alabama Foster Care and Adoption – AdoptUSKids
Thank you for your interest in learning more about fostering and adopting from Alabama’s child welfare system.
On this page:
- State contact information
- Foster parent licensing requirements
- Adoption licensing requirements
- Costs to foster and adopt
- Agency contact and orientation information
- Information on Alabama's waiting children
- Upcoming events
- Post-adoption support services
State contact information
The Alabama Department for Human Resources has a system for delivering child welfare services that is administered by a state office in Montgomery with services managed and implemented by 67 county departments. Each county has its own county director and board of human resources.
Interested families should contact the Alabama Department of Human Resources for information about orientation and pre-service training in your area:
- Phone (teléfono): 866-4AL-Kids (866-425-5437)
- Email (correo electrónico): families4ALkids@dhr. alabama.gov
Foster parent licensing requirements
- You must be 19 or older
- Criminal background checks are required for all household members 19 and older (no exceptions will be granted)
- Clearance of State Central Registry on Child Abuse and Neglect for all household members 14 and older
- You must have family stability
- Statement from physician stating physically able to care for children
- Character references
- Regular source of income that meets your family’s financial needs
- Successful completion of a home safety inspection
- Preparation training with home study and family assessment
- First Aid and CPR for adults, infants, and children
- If married, must be married at least one year (you do not have to be married)
To find out more about fostering in Alabama, read the Alabama Department of Human Resources introduction to foster care.
Adoption licensing requirements
The State Office of Adoption may approve a policy exception to the qualifications below if a particular family does not meet all of them but appears to have considerable attributes for parenting children with special needs and is willing to accept such children. A request for exception may be made to the Office of Permanency prior to proceeding with the application. The request must come from the county or child-placing agency that is processing the application and include a narrative and applicable documentation to support why an exception is being recommended. Background checks are required without exception.
- You must be 19 or older
- Criminal background checks are required for all household members 19 and older (no exceptions will be granted)
- Clearance of State Central Registry on Child Abuse and Neglect for all household members 14 and older
- You must have family stability
- At least one parent must be United States citizen
- Reasonable good health as verified through completed medical forms
- Character references
- Regular source of income that meets your family’s financial needs
- Successful completion of a home safety inspection
- Preparation training with home study and family assessment
- First Aid and CPR for adults, infants, and children (for some kinds of adoption only)
- If married, applicants must be married for at least three years (you do not have to be married)
To find out more about adopting in Alabama, read the Alabama Department of Human Resources introduction to adoption.
Costs to foster and adopt
Foster families
Assessment of a family’s capacity to meet their own financial needs is a part of the home study process. The family will incur costs of medical examinations. Additionally, there may be a time, especially at the beginning of the foster process, when the foster family will have to spend their money to meet the needs of the child.
Adoptive families
If a family is licensed to adopt through the Alabama Department of Human Resources, no fees are charged to parents who wish to adopt a child who is in foster care in Alabama or another state’s foster care.
Private agencies are also available to license families to adopt. Private agencies may charge fees. Please ask each individual agency if they charge fees.
Fees are usual and customary for legal and court costs. These fees are assessed by the court and attorney.
Families adopting children who qualify for a subsidy and are in foster care may be eligible for reimbursement of limited nonrecurring adoption-related costs, including legal and court costs. This would be available through the child’s state or federal options. You will learn more about this during your approval process.
If your health plan or doctor charges you a fee when you receive the mandatory medical examination from your doctor, you will have to pay that fee to your health plan or doctor.
Agency contact and orientation information
Interested families should contact the Alabama Department of Human Resources for information about orientation and pre-service training in your area.
- Phone (Teléfono): 866-4AL-Kids (866-425-5437)
- Email (Correo Electrónico): [email protected]
You can also contact your local county office or contact a public or private child placing agency (100 KB PDF) licensed through the state.
Upcoming events
The Alabama Foster & Adoptive Parent Association periodically provides regional training workshops throughout the year and an annual training conference for parents across the state.
The Alabama Pre/Post Adoption Connection (APAC), through their parent support groups and regional offices, provides periodical training seminars throughout the year.
Post-adoption support services
Locate post-adoption and guardianship support services in Alabama, including parent support groups.
Information on Alabama's waiting children
Please visit the Alabama Department of Human Resources website for current information about children in Alabama who are available for adoption.
American Adoptions - How to Adopt a Child in Alabama
If you're considering adopting a baby in Alabama because you're ready to grow your family, American Adoptions can help.
You can call 1-800-ADOPTION or fill out our contact form to get connected with an adoption specialist who can help you begin your journey.
Choosing adoption in Alabama is a beautiful journey. But, where do you start? Our adoption specialists will be by your side every step of the way to answer your questions and lend support.
Here are the six steps of how to adopt through American Adoptions in Alabama:
Step 1: Decide if You Are Ready to Commit to Adoption
The Alabama adoption process is one of the many ways to become a family. However, it is not the right way for everyone.
While all parents face similar highs and lows, each family is unique, with its own set of ups and downs. Being adoptive parents brings a whole new set of challenges that biological parents won’t have. However, the end result is worth the challenges in both situations — you get to raise and love a child. Before you begin the adoption process, you need to be fully committed to the process of adopting a child in Alabama.
Adoptive parents may have already faced loss and frustration due to infertility. They may have jealous feelings toward others who are able to conceive and carry a child. Regardless of the circumstances, you need to have your feelings recognized and addressed before you begin the adoption process in Alabama.
Step 2: Understand Your Options and Alabama Adoption Requirements
If you are committed to adoption in Alabama, the next step in the AL adoption process is to decide which type of adoption you want to pursue. While American Adoptions specializes in domestic infant adoption in Alabama and across the U.S., there are three main ways to adopt children in Alabama. Common types are:
Domestic Agency Adoption
U.S. adoption agencies (also known as domestic adoption agencies) provide all services needed to complete an adoption. This includes professional counseling for pregnant women, birth parents and adoptive parents; financial protection for adoptive parents; and referrals to legal and home study professionals for additional services. Working with a full-service agency, like American Adoptions, gives you the ability to work with one adoption professional to complete all steps necessary for an infant adoption in Alabama.
International Adoption
Children of any age, from infant to teenager, can be adopted internationally. Regulations and costs vary based on the country you choose to adopt from, as well as which international adoption agency you choose to work with in Alabama. Families adopting internationally should be prepared to provide their child with connections to their ethnic and cultural heritage. Read more about international adoption in Alabama here.
Foster Care Adoption
Most children placed in Alabama’s foster care system are reunited with their biological family. However, about 20 percent of children in foster care become eligible for adoption in Alabama. Many of these children are older, part of a sibling group, or have additional needs. If you are comfortable adopting children with “special needs”, foster-to-adopt may be something to consider. Learn more about foster care and adoption in Alabama here.
Step 3: Choose Your Adoption Professional
Choosing your adoption professional may be the most important decision you make during the adoption process in Alabama. Your adoption professional will define the quality of adoption experience you’ll have. It is vital that you do research and ask questions before choosing an adoption professional in Alabama.
Some things to consider:
- Don’t choose an adoption professionals based on price. Agencies offer varying levels of services and financial safety, so working with a less expensive agency may not provide you the same quality of service. This could put you at risk financially and emotionally.
- Pursuing adoption without an agency in Alabama may put you in jeopardy of adoption fraud and financial loss. The experience of an adoption specialist will protect you from this type of situation.
- Talk to other families about their experience with the adoption agency.
The most common types of adoption professionals include:
- Adoption facilitators: Potential adopting parents and birth parents may choose to work with an adoption facilitator to find an adoption opportunity. However, it’s important to be aware of the risks of working with this type of professional. In fact, in some states, adoption facilitators are entirely illegal for predatory tactics.
- Adoption law firms: These groups of adoption attorneys may assist and participate in direct adoption placements. Every adoptive family should work with an adoption attorney in Alabama to ensure their process is completed legally; if you are also working with an adoption agency, like American Adoptions, your adoption specialist can refer you to an appropriate adoption attorney or law firm.
- Adoption law centers: Adoption law centers should not be confused with adoption law firms. These centers are usually not regularly reviewed, and may not be properly certified. This could put birth and adoptive families at risk.
- Local/regional adoption agencies: These are licensed and regulated organizations that work with birth families and adoptive families that reside within a limited geographic area. This may make for longer wait times to adopt a child from Alabama, but does sometimes allow for more in-person interaction.
- National adoption agencies: These agencies are licensed, reviewed and regulated by multiple states. They work with birth and adoptive families across all 50 states. Often, these agencies have a shorter wait time for adopting an infant and lower financial risk. American Adoptions is an example of just such an agency.
It is important to learn about all aspects of the different Alabama adoption professionals in order to make the best decision for your family.
Step 4: Become a Waiting Adoptive Family
Once you have determined what type of adoption you’d like to pursue and what adoption professional you’d like to work with, you can begin to envision how you’d like your adoption to proceed. When you work with American Adoptions in Alabama, you will complete an Adoption Planning Questionnaire (APQ), so you can be connected with expectant mothers who have a similar vision for their adoption.
In addition, you will create an adoptive family profile for expectant mothers to review. You will also complete your Alabama adoption home study, take adoption training classes for the state of Alabama, and more.
Step 5: Find an Adoption Opportunity
Finding an infant adoption opportunity with a birth mother is one of the most emotional parts of the adoption process. Entering into an adoption opportunity through private domestic adoption can take a few weeks or a few months after expectant parents view your adoption profile. Generally, 75 percent of American Adoptions’ active waiting families are placed with a child within 1 to 12 months. Ultimately, a family’s adoption wait time comes down to the birth mother’s individual preference.
Once a match is made, the potential birth parents and the prospective adoptive family will get to know each other to whatever extent both parties want. American Adoptions specialists can help facilitate the communication between the two families. This will help ease awkwardness and hopefully build a strong relationship to last a lifetime.
Step 6: Legally Finalize Your Adoption
In Alabama, consent to adoption by the birth mother may be given at any time. Once signed, it may be withdrawn five days after birth or within five days of signing, whichever comes last. The consent must be in writing, signed by the person consenting. If consent is given before the child’s birth, it must be signed before a judge.
If the adoption takes place outside of Alabama, you will need to follow the travel guidelines established by the Interstate Compact on the Placement of Children (ICPC). This will not affect you if you reside in Alabama and adopt a child in Alabama.
After placement, your Alabama home study professional will arrange to come back for the post-placement in-home visits that must occur before your adoption is finalized in court. Your Alabama adoption specialist will visit within 45 days of placement. This is to ensure that everyone is adjusting well to the new family arrangement.
An adoption finalization hearing will be scheduled approximately three months after the initial placement of your child. This is when the judge reviews your adoption and officially gives you parental rights. This will take place in the Probate Court, and an adoption attorney is not always required to attend.
Read more about how to finalize your adoption in Alabama here.
Step 7: Adapt to Post-Placement Life
Once your Alabama child adoption is finalized, the lifelong journey for your family and the birth family is just beginning. Whenever possible, open adoptions are always encouraged, as studies show there are many benefits to be gained by everyone involved, especially the adopted child.
The amount of communication between birth and adoptive families is established in the adoption plan. This can be in the form of letters, emails, calls or visits. The frequency may be often or occasional. It is up to the parties involved. American Adoptions can continue to facilitate post-placement contact for 18 years following your adoption.
For adoptive families, this is also the time to help your child understand that their adoption is a wonderful part of their history, and they should feel free to ask any questions they may have. Adoptive families can also find ways to incorporate their child’s heritage into their lives and celebrate their identity.
Are you ready to begin the process to adopt Alabama kids? Call 1-800-ADOPTION now or request free information online.
Disclaimer
Information available through these links is the sole property of the companies and organizations listed therein. America Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.
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90,000 There are abandoned children in the US, but no orphanages. How children are adopted in the statesOf course, here children are also left without parents, they can end up on the street, remain orphans, or they can simply be abandoned. Let's figure out how the state protection mechanism for children left without parental care works in the United States.
Americans are well known for their attitude to the family, family values. In general, American society is very traditional. The idea of a home, a family plays a huge role in the system of perception of the world: a child must be under the protection of his parents; family, as a rule, is created to have children. Perhaps that is why orphanages did not take root on this continent. Although more than a hundred years ago in New York, Philadelphia and Boston, shelters were created to protect children who were left without parents and families due to various life circumstances. nine0003
The task of their re-education was also set if the children had already succumbed to the negative influence of the street. But rather quickly, it became clear to the organizers of such shelters that it was impossible to cope with raising a child in an orphanage. Such shelters could only give a roof over their heads, provide food, but in no way replace mothers and fathers. And then the concept of the "foster" family was legally approved by the state. Foster in translation into Russian means "to educate, care for, patronize." nine0003
Now this mechanism has been legally perfected and aims primarily to take care of children and protect their rights. After confirmation by the authorities of the fact that a particular child was left without a family, a special department decides his fate. The Department of Children and Family Services (DCFS) finds as soon as possible a "surrogate family" - people with whom the child will be until such time as there are those who are willing and able to adopt / adopt a child . In the "foster" family, the child is provided with all conditions for living, he is taken care of, he is provided with everything necessary. nine0003
The length of stay of children in a foster family is determined primarily by the wishes of the family and the child. It happens that, due to various circumstances, the family does not suit the child, and then the issue of transferring him to another, more suitable family is decided. He may stay in the family until he comes of age, or it may happen that almost immediately there are those who want to adopt him.
90,002 Today, nearly 428,000 American children are in foster care, from infancy to age 18. The average age of adopted children is 9years, there are more boys than girls. The average amount of time a child spends in foster care is just over a year. But these adoptive parents will not become moms and dads for adopted children, only if they do not decide to adopt a child that has come to them. In practice, it often happens that at first the parents act in the status of a foster family, and later decide to stay with him.How is the adoption process? Agencies match prospective parents and parents who want to abandon a child, or a mother who plans to leave a child after birth. A consultation is held on the consequences of adoption for both parties. If the baby is given to other parents after birth, then the adoptive parents will compensate the birth mother for the cost of medical care, accommodation during pregnancy and a few months after it, as well as for legal services related to pregnancy and adoption. Therefore, the cost of this process can range from $3,000 to $40,000+. Moreover, they adopt not only babies, but also older children. nine0003
Under US law, biological parents can always reclaim a child they have given up for adoption, unless they have been deprived of parental rights. This is one of the reasons why Americans often look for children abroad to become parents. The fact that a child in the family appeared in the process of adoption, as a rule, is not hidden from the public and from the child himself.
The adoption of children in the US culture, in my opinion, is primarily due to the history of the country. I think this is due to the fact that the American nation was made up of people who have their roots in different countries of the world, and blood ties in the family are not of paramount importance. Approximately 135,000 children are adopted each year in the United States. Of these, 26% are children from other countries, 59% are from foster families, and 15% are children abandoned by their mothers immediately after birth.
How does the state support foster and adoptive families? The first is wages, and often this is the only source of income for such families. The second is a substantial tax refund. In addition, education at public colleges and universities for adopted children is free. In some states, foster parents receive a foster care allowance and free medical care. nine0003
To adopt a child, it is not at all necessary to have your own home and be in excellent health. In most states, financial status, age, income, and sexual orientation do not play a role in adoption or custody decisions. The main thing is the desire to give at least one more child a sense of family, to make him happy. Actually, only this desire of foster parents is common for two such different states - the USA and Kazakhstan in terms of caring for children who are left alone.
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, 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 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. 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. 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. 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 establishing 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 |
Custody and 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 for the adoption of a child into a family, a monthly remuneration to the foster parent for the performance of duties and an allowance for the maintenance of a child in the guardian's family, 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 to care for the child
of adoptive parents are identical to blood parents
What are the obligations to ensure care for 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
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 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 a conviction for a grave and especially grave crime.
- 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. nine0144
If there are several people who want to adopt a child, his relatives will have the priority right, but taking into account the interests of the adoptee: they are expressed in trusting relationships, attachment to relatives, long-term cohabitation.
Community 05/24/22
How is the secrecy of adoption protected in Russia?
Next, I will tell you what documents future parents will need to collect and how the adoption procedure goes.
Step 1
Get to know 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. nine0144
- 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 family of adoptive parents. nine0144
- 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 illnesses.
- Drug and alcohol addiction, substance abuse.
- Grade 3 and 4 malignancies.
- The first group of disability. nine0144
List of diseases that make it impossible to adopt a child
The 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. 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 positionAdoptive 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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Step 5
Write a CVCV 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. 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. nine0144
- 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. nine0144
- 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.
Curriculum vitaeStep 6
Complete a course or 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 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. 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 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 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 rents an apartment, he must provide a lease agreement for a period of 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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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. nine0144
- 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 examination. nine0144
- 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 groups 4-5 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. 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. 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 adoptive 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 motives, 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.