How to adopt a child in idaho
Idaho Foster Care and Adoption – AdoptUSKids
Thank you for your interest in adoption and foster care. We encourage your active participation in foster care and adoption programs and look forward to helping you on your journey.
On this page:
- Contact information
- Foster care and adoption licensing requirements
- Costs to foster and adopt
- Agency contact and orientation information
- Agency and Certified Adoption Professional contacts for private adoption
- Post-adoption support services
- Information on Idaho's children
- Upcoming events
Contact information
Interested families can contact the Idaho CareLine for more information.
Phone (teléfono): 800-926-2588 or dial 2-1-1
Email (correo electrónico): [email protected]
Foster care and adoption licensing requirements
Foster and/or adoptive parents can be individuals and/or families. You may qualify if you:
- For foster care only: are 21 years of age or older.
- For adoption only: are 25 years of age or at least 15 years older than the child you would like to adopt. While there is no upper age limit, most private agencies prefer that there be no more than 40 years between the age of the parents and the age of the child.
- Have a stable source of income suitable to support the family.
- Have adequate space in your house or apartment to provide a safe environment for the child.
- Can pass a physical examination (You don’t have to be in perfect physical condition to qualify; blindness, deafness or other physical disabilities will not disqualify you as a prospective adoptive parent.).
- Learn about fostering or adopting. The Idaho Department of Health & Welfare’s program provides classes through the National Training and Development Curriculum for families becoming licensed for foster care and adoption while private agencies and certified adoption professionals (CAPs) have their own educational requirements.
A home study is an educational and information-gathering process which helps agencies and social workers link couples and single adults with waiting children. The home study:
- Shares in-depth information about foster care and adoption
- Prepares adults and other family members for the transitions that occur when a child is adopted
- Helps determine if a person or couple can provide a safe, nurturing environment for a youth or sibling group
- Provides written information about each parent and her/his life experiences
- Reveals any past criminal history and makes recommendations as to present ability to provide a safe, nurturing environment for a young person
Individuals who are thinking of fostering and/or adopting should immediately call their selected provider and complete an application and schedule a fingerprint appointment.
Family preparation is vital to the success of any adoption or fostering experience. Classes, literature, and private instruction offered by home study social workers give prospective parents the tools to build on each child’s strengths. With these aids, you can be realistic about your expectations. You don’t have to be perfect, but you do need to be perfectly committed to being the best parent you can be.
The selection process takes time. Depending on the age and needs of the child you are interested in adopting as well as the number of applicants and legal considerations, it can take six weeks to many months before a child can be placed with a pre-adoptive family.
Costs to foster or adopt
Families who do not want to provide foster care but who wish to adopt a child from foster care will need to work with a private agency or approved certified adoption professional (CAP). Families will need to pay for their own home study. Costs are set by individual agency or provider.
Foster care certification is provided through the Idaho Department of Health and Welfare and is free to families wishing to become foster/adoptive parents.
Agency contact and orientation information
Idaho Department of Health & Welfare Foster/Adopt Program
Phone in Idaho: 2-1-1
800-926-2588
Statewide information available.
Agency and Certified Adoption Professional contacts for private adoption
Private Adoption Information and Contacts
Post-adoption support services
Idaho’s post-adoption and guardianship support services are provided by RISE, Inc. through the Idaho Adoption Resource Exchange.
www.idadoptresources.org
Phone: (208) 252-6117
Email: [email protected]
Information on Idaho's waiting children
There are 1,818 children in foster care in Idaho; 373 of these children are waiting for adoptive families.
Children who need foster and adoptive families:
- May have experienced neglect or abuse
- Range in age from newborn to 18 years old
- May be members of a large sibling group that need to stay together
- Reflect all cultural and economic groups.
Upcoming events
See a list of providers, support groups, training, and resources at the Idaho Adoption Resource Exchange website.
Attend an informational meeting on adoption from foster care, with Idaho Wednesday’s Child. Email Shawn White at [email protected] to learn more.
About Adoption Through Foster Care
Children available for adoption through a public agency
Children who were removed from their homes because of abuse, neglect, or abandonment and their parents' rights have been terminated are available for adoption through a public agency. Children needing adoptive homes from foster care have a wide range of needs, abilities, and personalities. Children of minority backgrounds are overrepresented in foster care. Many of the children have special needs. Most are school-aged. Brothers and sisters need families where they can live together.
In most cases, when children are placed in foster care, the plan of first preference is to return the child to their birth family. When it remains unsafe for the child to return home, the plan may change to adoption. The majority of children adopted from foster care are adopted by their current foster parents. Families whose exclusive goal is adoption and not fostering are encouraged to contact one of Idaho’s licensed adoption agencies or certified adoption professionals.
You can learn more about the specific children available for adoption from Idaho’s foster care program who are not being adopted by their current foster parents or relatives on the following websites: Idaho Wednesday’s Child, AdoptUsKids, A Family for Every Child, Northwest Adoption Exchange or Adoption.com.
Each state has a process for the selection of adoptive families for children involved in their foster care system. Idaho uses local selection committees to identify the family best able to provide for the child’s current and future needs.
Children waiting to be adopted
If you are interested in adopting a child from foster care but don't want to become a foster parent at this time, check out Idaho's Wednesday's Child webpage
Start the adoption application process
If you are interested in caring for a child in foster care and open to adoption if reunification is not successful, start the application process
What you need to know
Every state has laws that define who can become an adoptive parent. In addition, each adoption agency or program may have their own requirements. A prospective adoptive parent cannot have been convicted of child abuse or neglect, spousal abuse, a crime against children, or homicide.
Adoptive parents are as varied as children needing homes. Successful adoptive parents are everyday people who come from all races, religions, incomes, and educational backgrounds. No two families are alike. For the Idaho child welfare adoption program, these families:
- Are single, married or divorced
- Able to financially support their own family
- Own or rent a safe residence that has space for a child
- Can work with social workers and/or therapists and other support people
- Have no parenting experience, are raising, or have raised other children
- Are flexible, energetic, and able to care for a child
- Work inside or outside their home or are retired
- Are open to learning new things
- Can talk with social workers about themselves and their families
Idaho law requires an adoptive parent be at least 25 years of age or 15 years older than the child they are adopting. It does not set maximum ages for adoption. Child and Family Services (CFS) does not have a maximum age for the adoption of a child from Idaho foster care. Private adoption agency programs may have additional minimum and/or maximum ages.
The length of time it takes to complete an adoption home study depends on how quickly your application, personal and medical references, and background checks are received by your home study provider, when you are able to complete training, and your adoption provider's home study timeline.
Once you have been approved for adoptive care, the time it takes to receive a placement depends on many variables, which may include: the type of child (age, gender, race, health, etc.) you are willing to accept, and the number and type of children in need of placement. There will be a minimum six-month period of supervision of the child's placement in your home before the adoption can be finalized.
A home study is a written assessment of a prospective adoptive family’s ability to parent an adopted child. It is a written reflection of the family and their lifestyle. By reading a family’s home study, a child’s social worker is able to get a general impression of them and begin to determine if a particular child will fit with that family. In Idaho, adoption home studies may be completed by the Idaho Department of Health & Welfare, licensed private adoption agencies or certified adoption professionals. As part of the home study process, a family may be required to attend adoption education classes. The person conducting your home study will visit you at your home to interview your family.
Home studies may be written for a general type of child or a specific child. They include the personal history, health and financial statements, and criminal background checks for each adult living in the family home. An adoption home study with a positive recommendation for placement is needed before a child can be placed in your home for adoption.
The Private Adoption page includes a list of local licensed adoption agencies. A list of certified adoption professionals is available here.
There are no fees for the application or home study process for prospective parents who are becoming licensed and approved to provide foster or foster-to-adoption care for children placed by the department.
There is a fee for processing background checks through the criminal history unit. However, these fees are waived for prospective foster or foster-to-adopt care for children placed by Child and Family Services (CFS).
Fees for adoption through a private adoption agency or certified adoption professional are set by the individual adoption provider. Regardless of the type of adoption, your family will also need to retain the services of an attorney to finalize the adoption.
Many children in need of adoptive care are described as having “special needs.” This can refer to: the age of the child; the need to be placed with at least one sibling; and/or emotional, developmental, or medical problems.
Some special needs are the result of abuse, neglect, or abandonment experienced by the child. Other special needs have biological causes. Examples of special needs include attention deficit/hyperactivity disorder, learning disabilities, autistic spectrum disorders and fetal alcohol and drug syndromes.
Regardless of their special needs, the important thing to keep in mind is that these are children in need. What they need most is the stability of a strong, loving family to support them.
Families who are interested in domestic or international adoption become eligible by having an adoption home study completed. The need for an adoption home study for grandparents and step-parents hoping to adopt their grandchild or step-child is determined by the court, however, all families adopting a child from the child welfare system must have an approved adoption home study.
Every agency involved in placing children for adoption has their own defined process. Birth parents placing their newborns for adoption frequently have input on the selection of the adoptive parents. In other circumstances, the agency makes the placement decision. However, in each situation, the family chosen for the child will be the one the agency feels can best meet the child’s needs.
Each state has a process for the selection of adoptive families for children involved in their foster care system. The department uses local selection committees to identify the family best able to provide for the child’s current and future needs.
The parental rights of the child’s birth mother and father must be terminated in order for a child to be legally free for adoption. Idaho requires children placed for adoption through a licensed adoption agency or the department to live with the adoptive family for at least 6 months before finalizing the adoption.
A legal risk adoptive placement is one in which the child is placed in the home of the adoptive parents before becoming legally free for adoption. These situations can be very positive for the child and the family as they allow the child to move to his or her permanent placement as quickly as possible. Prior to moving to a legal risk adoptive placement, the agency responsible for the care of the child will actively pursue the termination of parental rights necessary to free the child for adoption. The placement is considered a “legal risk” because there is always a possibility the child may not become legally free for the adoption.
The Interstate Compact on the Placement of Children (ICPC) is a binding agreement between all 50 states, the District of Columbia, and the U.S. Virgin Islands. It sets forth the requirements that must be met before a child can be placed from one state into another state. The compact ensures prospective placements are safe and suitable before approval, and it ensures the individual or entity placing the child remains legally and financially responsible for the child after placement.
The ICPC process is started by the state the child lives in and can take several months before the child is placed or the adoption is approved by both the sending and receiving states. If this situation applies to you, please contact your local worker for more information and status updates.
US adopters: we were looking for a child who has no chance in Russia
https://ria.ru/20130118/918663507.html
US adopters: we were looking for a child who has no chance in Russia USA: we were looking for a child who has no chance in Russia - RIA Novosti, 29.02.2020
Down syndrome, "Dima Yakovlev's law" intervened. However, Rebecca and Brian are not going to back down and expect to leave Russia with their child.
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Society, USA, Moscow, Supreme Court of the Russian Federation, Russia
Society, USA, Moscow, Europe, Central Federal District, America, Worldwide, North America, Supreme Court of the Russian Federation, Russia
MOSCOW, January 18 — RIA Novosti. Americans Rebecca and Brian Price arrived in Moscow from Idaho hoping to adopt a four-year-old boy with Down syndrome, but "Dima Yakovlev's law" interfered with their plans. Nevertheless, the spouses are not going to back down and expect to leave Russia with the child.
Russian American?
The couple have already come up with a name for the boy - Gabriel. According to the American couple, they were looking for a child who has no chance of finding a family in their homeland.
"We wanted to come to a place where this child has problems with adoption by his own fellow citizens, we wanted to help a child who had no hope of adoption in his homeland. Therefore, we came to Russia," Rebecca Price told RIA Novosti, adding, that one of her own children also suffers from Down syndrome.
The couple already has adopted children, and the topic of adoption is close to them. All documents for the child, according to Rebecca, are in order and meet the requirements. Permission for adoption was granted on 29November last year. The Americans planned to just come and get a court decision allowing them to pick up the child and go home.
"We heard about the new law banning adoption, but we were sure that everything would be fine, since all procedures were completed before the law came into force. Two days before our arrival, we learned that the judge made a new appointment. At the meeting, he announced that he could not issue a judgment on the adoption, as they did not have instructions on how to deal with adoption cases in accordance with the new law," Preece said.
According to her, now all their efforts are aimed at finding as much information as possible and bringing the adoption process to the end.
"We hope to go to court soon and get the judge's permission, get the adoption certificate, and then we can pick it up. We don't know when yet. But our plan is to stay here until we complete all the necessary paperwork," — the woman said.
This is the third trip of the American couple to Russia. Each time in Russia they spent a week and met with the boy almost every day.
"He's very active, happy, loves to play, a handsome little boy. We've met twice since we arrived. And he keeps asking when we'll go on a road trip together," Preece says.
© RIA Novosti / Maxim Blinov | Go to the media bankUS citizens Brian and Rebecca Preece, who came to Moscow to resolve the issue of adopting a child from Russia
The intricacies of the courts
which was a response to the American "Magnitsky Act" and introduced a ban on the adoption of Russian children by Americans.
Full text of "Dima Yakovlev's law" >>
Pavel Odintsov, head of the press service of the Supreme Court of the Russian Federation, told RAPSI that the highest court sent requests to all courts of general jurisdiction about their practice of considering cases of adoption of Russian children by foreign families, on its basis, the Supreme Court will make its recommendations. According to his forecast, the recommendations of the Supreme Court will be ready by the end of January - the beginning of February this year.
"Now we are collecting judicial practice, which will be carefully analyzed, and based on the results of the analysis, the Supreme Court will make recommendations. No one will delay this issue, the issue will be resolved in literally days. I think that next week we will receive answers from regional courts , and in another week we will prepare recommendations," Odintsov said.
According to Pavel Astakhov, Commissioner for Children's Rights under the President of the Russian Federation, all Russian children for whom there are court decisions on adoption by Americans will be able to leave Russia.
According to him, to date, information has been collected about 150 Russian children whom the Americans want to adopt, the documents of the children are in varying degrees of readiness. Already several children adopted by US citizens left Russia for new families in the US in 2013, he noted.
adoption procedure, conditions, documents, rights and obligations of adoptive parents
Tamara Skokova
creates a benefit for the family
Author profile
As of the end of 2022, 38 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.
I worked in the guardianship and guardianship authorities for 17 years, 14 of them as a head. In the article I will tell you who and under what conditions has the right to take a child into a family, what documents are required for adoption and how the procedure takes place.
What is 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 an intermediate step on the path to adoption.
Guardianship Act
Guardianship is established for children under 14 years of age, and guardianship for minors from 14 to 18 years of age. Guardians and trustees have all the rights and obligations of a legal representative in matters of upbringing, education, maintenance of the child and responsibility for him.
Unlike the guardian, the guardian is liable for harm caused by the ward. He is also obliged to make 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 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 2023 the allowance is 11,713 R.
In addition, guardians are entitled to a one-time payment from the federal budget - 22,909.03 R. 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 payments is determined by the court.
Art. 148, paragraph 2 of Art. 71 SK RF
In this case, whether the biological parents will be able to communicate with the child is decided by the guardian or trustee, but if the child is 10 years old, then his opinion will 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 2023 in Moscow it is 19965 R, and if the family accepts a child with a disability, then 33,941 R.
clause 2.5.1 of Appendix 1 to the Decree of the Government of Moscow on establishing the amount of social payments for 2023
In the Belgorod Region, foster parents are paid 8744 R per month for the first child taken into the family, and for each subsequent child, the amount increases by 20%. If the 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.
Law of the Belgorod Region on foster families
The period while the child is in the family is counted towards the foster parents in the insurance period for assigning a pension. 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
An adopted child and biological parents can keep in touch. Foster parents have the right to prevent this only if communication does not meet the interests of the child.
paragraph 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. Regulatory documents on 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
Foster care allows a child to live in a family both in the status of an orphan or a child left without parental care, and immediately after being removed from the family, instead of being placed in an orphanage.
The child is transferred to foster care under a fixed-term contract. The time 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 eighteen years of age.
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. Along the way, 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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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 adoptive 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 targeted assistance to adoptive parents, but they can count on regional social support measures, as well as those provided to all families with children.
Adoptive parents can change the child's first name, patronymic 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 is necessary to ensure the secrecy of adoption, as well as for other reasons, if the court considers them valid. I had such a case: the couple 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 is: 0 to 12 years old who is not a child with a disability;
Clause 2.9 of Appendix 1 to the Decree of the Government of Moscow on setting the amount of social benefits for 2023
Also, adoptive parents are entitled to a lump-sum allowance, which is issued for all forms of family placement. From February 1, 2023, this is 22,909.03 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 Social Fund of the Russian Federation at the place of residence.
One-time allowance for the transfer of 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 state 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 |
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 must pay child support | 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 it is due to the child |
Foster family | Blood family | Same as under guardianship | Same as under guardianship | The foster family receives a one-time allowance for the adoption of a child into the family, a monthly remuneration to the foster parent for the performance of duties and an allowance for the maintenance of a child in the 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 pension experience |
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
of adoptive parents are identical to the rights of blood parents
What obligations arise in persons providing care for child
The obligations of adoptive parents are identical to those of birth 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 arise for persons providing care for a child
A guardian or trustee has the right to raise a child and act as his legal representative
What obligations arise for persons providing care for a child
maintenance of wards, on providing them with care and treatment, to protect their rights and interests. At the same time, biological parents must pay alimony
How the state supports persons providing care for a child
Guardians and custodians 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 it is due to the child
Foster family
rights arise for persons providing care for a child
The same as in guardianship and guardianship
What obligations arise for persons providing care for a child
Same as under guardianship and guardianship
How the state supports persons providing care for a child 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 pension experience
Employment
Who are 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, 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.
- No 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.
Community 24.05.22
How is the secrecy of adoption protected in Russia?
Next, I will tell you what documents future parents will need to collect and how the adoption procedure goes.
Step 1
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.
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 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 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 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
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 such as HIV.
- Mental disorders.
- Drug and alcohol addiction, substance abuse.
- Malignant tumors of the third and fourth degree.
- First disability group.
List of diseases that make it impossible to adopt a child
A referral form for a medical examination is issued by the guardianship and guardianship authorities along with a list of documents for adoption.
It will not be possible to pass an examination in private clinics: according to the law, only state medical institutions are engaged in this, and free of charge. The medical report will be valid for six months from the date of its approval by the chief physician or the head of the polyclinic.
Medical examination procedure and conclusion form
What is included in the medical examination - public services website
To avoid misunderstandings, immediately after issuing the completed form, you must carefully check whether everything is in order with the execution. In particular, the conclusion of each doctor must be certified by the round official seal of the institution.
A list of examinations and examinations that you will definitely need to pass. Source: gosuslugi.ru Conclusion form, which is issued to future adoptive parentsStep 4
Obtain a certificate of income and positionApplicants for adoptive parents must prove to the specialists of guardianship authorities the ability to financially support the child.
To do this, you will need to provide a certificate from the place of work on salary and position or copies of the income declaration certified by the tax office. The certificate is prepared in free form indicating the salary and other payments for 12 months.
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Step 5
Write a CVCV is only needed for guardianship. It should reflect the main stages 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. The CV 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.
- Interests 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.
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 depends on the school: the course can last from 56 to 80 academic hours. At the end of the final certification: 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
Obtain a Housing Inspection CertificateWhen all the documents are collected and transferred to the guardianship authorities, the adoptive parents will be assigned an inspection check of the housing and 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 submit:
- 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.
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How to get an extract from the USRN
Adoptive parents should not submit other documents. 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 permanent registration is required. If the candidate rents an apartment, then he must provide a rental 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.
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
Find a child for adoptionTo select a child, candidates can apply, at their choice, to any municipality in which the orphanage is located, to the regional operator, which is in each subject RF or to 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 meet with the child until that moment.
Federal Child Data Bank
When and which child can be adopted. A child with 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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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.
- 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.
Completely healthy orphans are rare in life. Children of the first and second health groups, as a rule, are babies who are abandoned in the maternity hospital by very young mothers. Basically, children of the third group are taken to families, and orphans of the fourth and fifth groups 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.
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 law does not limit the number of referrals issued, 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
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 notification 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 maximum period for consideration of an application is 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
Usually, the court decision comes into force 10 days after the date of issue: only from this time do mutual rights and obligations arise between the adoptive parent and the child. If there are special circumstances and there are no objections on the merits of the case from all the participants, the judge may decide on the immediate execution of the decision: for example, if something threatens the life and health of the child and he needs urgent hospitalization.
An adopted baby can be taken home immediately after a positive adoption decision has been made by the court. Then the maternity hospital should issue a postpartum sick leave from the date the decision comes into force when the baby reaches the age of 70 days, and if two or more children are adopted, 110 days. A sick leave is needed to apply for maternity leave at the work of one of the adoptive parents.
Art. 157 Labor Code of the Russian Federation
Step 10
Obtain an adoption registration certificateThe next step is to obtain an adoption certificate and a new birth certificate from the registry office.
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 adoptive 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 my life I have come across the fact that adoptive parents became attached to children and even if they were diagnosed with a serious illness, 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.