How to adopt a child in memphis tn
How to Adopt
On this page, you’ll learn more about the requirements and the process of adopting a child who is in the guardianship of the state of Tennessee. The Department strives to finalize the adoption of a child, who is legally free for adoption, within 12 months.
We hope this page will help answer preliminary questions you may have. Then, be sure to read the Adoption Frequently Asked Questions page.
Now, before we proceed, what’s in your heart?
Are you interested only in adopting? If so, please understand up front the Department of Children’s Services does not recruit adopt-only homes and about 80% of the children who are adopted from foster care are adopted by the families who already are, and have been, their foster parents.
Our practice is to work with individuals who sign up to become foster parents, and then, if a child in DCS custody becomes available for adoption, the family caring for that child is the first option for adoption. This helps ensure the child already has a relationship with potential adoptive parents who have helped him or her navigate change, trauma and uncertainty and already long offered comfort, safety and love.
To become an adoptive parent you:
- Can be married, single or divorced.
- May or may not have other children.
- Can own your own home or rent.
- Can work full time.
- Must be at least 21.
- Must be a resident of the State of Tennessee.
- Must be able to meet the financial and emotional needs of your own family.
Essentially, if you are stable and can provide a child with the love, as well as the support he or she needs, you may be a candidate to become an adoptive parent.
Things to think about when considering adoption:
- Am I secure and satisfied with my life and my family as they are now?
- Do I have a good support system - friends and family that can help me out when I need it?
- Can I be flexible in coping with surprises and unexpected situations?
- Can I wait for a child to return my love?
- Can I feel comfortable with the fact that my child may want to talk with me about their biological parents, as well as others who have cared for them in the past?
Moving toward Adoption
To be selected to adopt a child, who is in full guardianship of the Department of Children's Services, you will need to:
- Get a formal “home study” by a licensed child placing agency.
- Submit the home study for a specific child. (You may have identified the child via the Heart Gallery of Tennessee or Adopt US Kids, for example.)
TN-KEY Training
When you have been identified as an adoptive parent for a particular child, and you have agreed to parent that child, you will then receive Tennessee KEY training, which is a required education and self-assessment process. It explores communications styles. It helps families understand the feelings of grief and the loss that children can experience and it helps identify family strengths.
Home Study
Families who are not current DCS foster parents, and who engage the Department solely to adopt a child they have identified, must have their home study completed by a licensed agency. The home study must be no more than a year old. The exact process for your home study will be outlined by the agency you choose.
In general, the home study process is a combination of education for you about the realities of adoption and information about yourself and your family.
The final written home study will include a description of your family, verifications, medical and financial statements and references. You will also be asked to identify and describe the type of child you feel that you can most successfully parent.
You can submit your home study to the contact named on the child's online photo listing.
How a Child Becomes Your Child
Based on the child's needs, the child's team will make a decision about whether you are the right parent for the child. If you are selected, extensive information about the child will then be shared with you so you and your family can make an informed decision about whether you can parent the child. Please remember, children are placed with the family best able to meet their needs.
Learn More
If you are interested in becoming an adoptive parent, contact your local Children's Services Office for more information.
- Read Frequently Asked Questions about Adoption.
- Download an informative brochure on the DCS post-adoption assistance program.
- Foster Parent TN-KEY training.
- Adopt US Kids for features on children available for adoption.
- Heart Gallery of Middle Tennessee features children available for adoption in Middle Tennessee.
American Adoptions - Adoption in Memphis, TN – Where to Start
If you’re thinking about adopting a child or placing a child for adoption in Memphis, you probably have a lot of questions — and the biggest one might be, “Where do I start?”
We know it isn’t always easy to find Memphis adoption professionals, services and information in one place. That’s why we created the following guide to adoption in Memphis, complete with a list of local adoption agencies, lawyers and more.
But you don’t have to piece together the adoption services you need from multiple Memphis adoption professional; you can simply contact American Adoptions. As a full-service adoption agency, we’re well-equipped to meet all of your Memphis adoption needs. To learn more about our services for adoption in Memphis, call 1-800-ADOPTION now, or learn more about your other local resources below.
Memphis Adoption Agencies
American Adoptions is a full-service, national adoption agency. That means we can work with prospective birth mothers and hopeful adoptive parents through every step of the Memphis adoption process, from their first phone call through finalization and beyond.
Our Memphis adoption services include:
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Free, 24/7 counseling for women facing an unplanned pregnancy
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Screening for potential birth mothers and adoptive parents
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Connecting expectant mothers with parents hoping to adopt
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Educating all members of the adoption triad about open adoption and facilitating contact before and after placement
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Helping pregnant women get the services and care they need throughout their pregnancies
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Referrals to trusted professionals, like adoption attorneys and home study providers
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Post-placement services for birth parents and adoptive families
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A unique Risk-Sharing Program to protect families in the event of an adoption disruption
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And more
There are many benefits of completing your Memphis adoption with a national agency like American Adoptions. However, if you’d like to research other adoption agencies in the Memphis area, here are a few you might consider:
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Agape
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Hannah’s Hope
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Life Choices
Memphis Adoption Attorneys
In addition to your adoption agency, your attorney will be an important part of your Memphis adoption process. He or she will guide you through the legal steps of the process, ensure your rights are protected and see that all Tennessee adoption laws are followed.
When you work with American Adoptions, your adoption specialist will connect you with a trusted Memphis adoption lawyer. Here are a few of the attorneys practicing adoption law in your area:
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Susan Mackenzie
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The Cohn Law Firm
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Becker Law Firm
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Law Office of Rich & Rich
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Bosserman Law
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Butler, Sevier, Hinsley & Reid
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The Burdette Law Firm
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Rasberry Family Law Group
Become a Foster Parent in Memphis
Becoming a foster parent or adopting a foster child is another rewarding family-building option. While American Adoptions focuses solely on private infant adoptions, there are several other professionals who can help you complete a foster care adoption in Memphis:
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Camelot
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Youth Villages
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Omni Visions
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Meritan
You can learn more about the Memphis foster care system through the Tennessee Department of Children’s Services.
International Adoption Agencies in Memphis
While it’s not as common as it once was, international adoption is another option for hopeful parents. American Adoptions does not have an international adoption program, but Bethany Christian Services can complete this type of adoption in Memphis.
Memphis Home Study Services
Whether you choose to grow your family through foster care, international adoption or domestic infant adoption in Memphis, you will need to complete a home study before a child can be placed in your care. The home study is essentially an overview of your life to ensure you are prepared to meet the needs of an adopted child.
Your home study will need to be completed by a Tennessee-licensed professional. Your American Adoptions specialist can refer you to a trusted home study worker in your area. The following organizations also offer Memphis adoption home study services:
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Options 4 Adoption, Inc.
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Adoption Promises
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Adoption Assistance
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New Beginnings
Memphis Maternity Hospitals
The hospital stay is one of the most anticipated and emotional parts of the Memphis adoption process, both for prospective birth mothers and hopeful adoptive parents.
If you are pursuing adoption as a pregnant mother, your adoption specialist will help you prepare for your hospital experience by working with you to create a hospital plan. You’ll get to decide exactly how you want your labor and delivery experience to go, and the adoptive family you choose will be informed of your plan before the big day arrives.
Part of making your hospital plan is choosing where you’d like to give birth. Here are a few of your options for maternity hospitals in Memphis:
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Baptist Memorial Hospital for Women
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Methodist La Bonheur Germantown Hospital
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Saint Francis Hospital – Memphis
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Methodist South Hospital
Memphis Courts for Finalization
Parents adopting a child in Memphis must go through a legal process to finalize the adoption. Your adoption attorney will explain these finalization procedures to you and notify you when it is time for your finalization hearing, which will likely take place in one of the following county courts:
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Chester County
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Dyer County
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Fayette County
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Gibson County
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Hardeman County
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Haywood County
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Obion County
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McNairy County
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Shelby County
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Tipton County
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Weakley County
Start Your Memphis Adoption Process
Adoption specialists are available to help you start the Memphis adoption process whenever you’re ready. Whether you are ready to take the next step or simply want to learn more about adoption in Memphis, you can contact our agency any time and with no obligation at 1-800-ADOPTION.
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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Masa Media | How to adopt a child in Kazakhstan
Together with the National Adoption Agency we tell how the adoption / adoption of children in Kazakhstan is arranged, what is needed for this, and what difficulties may arise.
What are the options for those who want to take a child into a family from an orphanage
There are four options for taking a child into a family: adoption (adoption), guardianship (guardianship), patronage and foster family. Let's figure out how one differs from the other and what are the features. nine0003
According to the National Adoption Agency, there are now 5,378 children in Kazakhstan who are in 132 organizations for orphans.
Adoption (adoption)
When a person or family takes a child from an orphanage and receives full rights and obligations, the same as those of blood relatives. The child becomes a full member of the family.
Potential adoptive parents must provide documents:
- application for adoption of a child;
- certificate of total income;
- certificate of marital status;
- health certificate;
- certificate of no criminal record;
- certificate of psychological training (from July 1, 2020, psychological training is mandatory, you can go through it for free).
You also need to personally choose a child, have direct contact with him for at least two weeks. If the child is older than ten years, his desire to get into the family is taken into account. nine0003
The decision to place a child in a family is made through the court.
Features of adoption (adoption)
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- Parents have the right to give their child a new surname, first name, patronymic.
- The state does not help the family after adoption, does not pay any allowances. If at the time of adoption the child has the right to the pension savings of the biological parents, survivor benefits and other social benefits, they are retained. nine0037
- All participants in the process must keep the adoption secret. Only parents can tell a child that he is adopted. If strangers do this, without the consent of their parents, they may be punished by law. The Criminal Code of Kazakhstan has a special article 138, which provides for a fine of up to 200 MCI (583,400 tenge).
- Upon reaching the age of 18, a child cannot apply for housing from the state.
Who can adopt a child
Adult citizens of Kazakhstan, except for:
- recognized as incompetent;
- deprived of parental rights;
- guardians, adoptive parents who were previously removed from their duties;
- do not have a permanent place of residence;
- homosexuals; 90,036 unmarried men;
- without sufficient income;
- registered in a drug or neuropsychiatric dispensary;
- who have or had a criminal record. nine0037
Unmarried people cannot jointly adopt a child.
Where should I apply if I want to adopt a child?
Applicants for adoptive parents must first of all undergo psychological training. To do this, they need to select the School of Adoptive Parents (SPR). Schools operate under state orphanages and private accredited organizations. At the end of the School a certificate is issued.
Register as an official candidate on the e-government portal e-gov by selecting the public service - "Registration as a candidate for adoptive parents". After registration, the candidate will have access to the Republican databank of orphans.
You can search for a child in the database online, throughout the country, in any region. When the candidate finds the child, he makes a note in the schedule for an acquaintance and arrives at the meeting at the appointed time.
For detailed advice, you can contact the adoption agency at 1422 (toll free within Kazakhstan)
Custody (guardianship)
Blood parents can be alive and not deprived of parental rights, but if they have there is no opportunity to raise a child, relatives, friends or other people can take the child under guardianship (for children under 14 years old) or guardianship (for children from 14 to 18 years old). You can also take care of orphans. nine0003
The child and guardians do not receive the rights of blood relatives (eg inheritance rights, alimony).
Features of guardianship/guardianship
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- The child keeps his last name, first name, patronymic.
- Requirements for candidates for guardians are less stringent than for adoptive parents.
- Relatives and other close people have a preferential right to become a guardian or trustee.
- The registration procedure is faster than adoption, since the decision is made by the guardianship and guardianship authority, and not by the court. nine0037
- The state pays a monthly allowance for the maintenance of the child (10 MCI, 29,170 tenge in 2021), provides food at the place of study, vouchers to holiday camps and sanatoriums for treatment.
- Guardianship and guardianship authorities systematically check guardians.
- Children who do not have housing, after 18 years of age receive apartments from the state.
- There is no secret that the child is taken into care, he/she can communicate with blood relatives. nine0048
Foster care
A person or family enters into an agreement with the guardianship authorities, takes the child in for upbringing, and receives the status of foster carers. Foster caregivers can be people with higher pedagogical education.
The salary of patronage educators is based on the size of the official salary of educators in the field of education, which takes into account the length of service, category, and so on. On average - 40-75 thousand tenge. nine0003
Patronage often becomes a transitional form to foster care or adoption.
Fellowship Features
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- The child keeps his last name, first name, patronymic.
- You cannot take more than three children under patronage if they are not from the same family.
- The term for transferring a child to foster care is determined by the terms of the contract. The contract is concluded for one year with the possibility of extension. nine0036 The state pays a monthly allowance for the maintenance of the child, provides food at the place of study, vouchers to holiday camps and sanatoriums for treatment.
- Guardianship and guardianship authorities systematically check foster caregivers.
- Upon reaching the age of 18, a homeless child is given an apartment.
- The child can communicate with blood relatives, the conditions are prescribed in the contract.
Foster family
When a family adopts at least four and no more than ten children. The guardianship/guardianship authority, the institution for orphans and foster parents conclude a special agreement. The wages of adoptive parents are calculated based on the size of the official salary of the main personnel of the average qualification level without the category of the field of education with work experience of up to a year.
The child and adoptive parents do not receive the rights of blood relatives (eg inheritance rights, alimony). nine0003
Features of the foster family
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- Children who do not have adoption status or come from families with many children can live with a foster family.
- Children keep their last name, first name, patronymic.
- The term for the transfer of children to a foster family is determined by the terms of the contract. The contract is concluded for one year with the possibility of extension.
- The state pays a monthly allowance for the maintenance of the child, provides food at the place of study, vouchers to holiday camps and sanatoriums for treatment. nine0037
- Guardianship authorities systematically check the foster family.
- Children are given housing after 18 years of age.
- Children can contact blood relatives, the conditions are prescribed in the contract.
Guest family
This is a family that takes a child to their place for a while - for vacations, weekends, holidays. A host family can accept several children; the family does not receive benefits or a salary. nine0003
Illustration: Leila Tapalova
Procedure for adoption, conditions, documents, rights and obligations of foster parents
Tamara Skokova
Creates a good for the family
Author
, as of the beginning of 2021, in 37,000 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 adoption of a child
In Russia, there are several forms of placement of orphans and children left without parental care. Federal legislation establishes three main ones: adoption, guardianship and guardianship, foster family. At the regional level, others may be provided, but so far this is only patronage. Briefly describe how they differ from each other. nine0003
Custody and guardianship. The most common form of placement for children: often used as an intermediate step on the path to adoption.
Guardianship and Custody Act
Guardianship is established over children under 14 years of age, and guardianship over minors from 14 to 18 years of age. Guardians and trustees have all the rights and obligations of a legal representative in matters of upbringing, education, maintenance of the child and responsibility for him.
Unlike the guardian, the guardian is liable for harm caused by the ward. He is also obliged to make all transactions on behalf of the ward, except for those that the child can conclude personally: for example, these are donation transactions when a minor receives some thing or money as a gift. nine0003
Art. 1073, paragraph 2 of Art. 26 of the Civil Code of the Russian Federation
The trustee usually must give consent to the transactions of the ward, with a few exceptions: for example, minors aged 14 to 18 years have the right to independently manage their income or make small household transactions.
Art. 12.1 of the Federal Law on state benefits to citizens with children
p. 3 art. 38.1 of the Social Code of the Belgorod Region
Monthly, the guardian and trustee are paid an allowance for the maintenance of an orphan child. Its size depends on the region: for example, in the Belgorod region, where I live, in 2022 the allowance is 10,310 R.
In addition, guardians are entitled to a one-time payment from the federal budget - 22,472. 77 RUR. This amount is set for all guardians from the Russian Federation, regardless of place of residence.
Lump-sum allowance when a child is brought up to a family
If a child is brought up by a guardian or custodian, the biological parents are not released from the obligation to support him and must monthly transfer alimony to his personal account: the amount of alimony is determined by the court.
Art. 148, paragraph 2 of Art. 71 SK RF
At the same time, the guardian decides whether the biological parents will be able to communicate with the child, but if the child is 10 years old, then his opinion will also be taken into account.
Art. 148.1 SK RF
Foster family. This form of arrangement is similar to guardianship, but in addition to child support and a lump sum payment, foster parents also receive remuneration for their work.
Art. 152 SK RF
The amount depends on the region of residence. For example, in 2022 in Moscow it is 18,150 R, and if a family accepts a child with a disability, then the amount of the payment will be higher - 30,885 R.
Clause 2.5.1 of Appendix 1 to the Decree of the Government of Moscow on establishing the amount of social payments for 2022
In the Belgorod Region, foster parents are paid 8288 R per month for the first child taken 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
/list/sos-dd/
9 uncomfortable questions about orphans
Adoption. The Family Code of the Russian Federation considers this form of placement of children a priority: only it allows you to most effectively ensure both the interests of the child and the interests of foster parents.
Adoptive parents completely replace the child's parents. Here there is no such temporary nature of upbringing as in guardianship, guardianship or when transferring a child to a foster family. The state does not provide adoptive parents with any special assistance, with the exception of social support measures established in each subject separately, as well as measures that are provided to all families with children on a general basis. 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;
- R 31,561 for each disabled child.
Clause 2.9 of Annex 1 to the Decree of the Government of Moscow on setting the amount of social payments for 2022
Also, adoptive parents are entitled to a lump-sum allowance, which is issued for all forms of family placement. From February 1, 2022, this is 20,472.77 R. But in the case of the adoption of a disabled child, a child over seven years old, as well as children who are brothers or sisters, the allowance will be higher - 156,428. 66 R. To receive a payment, you need to apply to the Pension Fund at the place of residence. nine0003
Lump-sum allowance for transferring a child to a family
What is the difference between the forms of placement of a child in a family
Form | Who is considered the child's parents | What rights do carers have | What are the duties of caregivers | How the 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 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 it is due to the child |
Foster family | Blood family | Similar rights as under guardianship | Similar duties as under guardianship | The foster family receives a one-time allowance when the child is adopted into the family, a monthly remuneration to the foster parent for the performance of duties and an allowance for the maintenance of the child in the family of the guardian, depending on the legislation of the region, benefits for utilities. The period while the child is in the family is counted towards the foster parents in the insurance period |
Patronage | Blood family | Determine the daily routine of the pupil, resolve current issues of the pupil's life in accordance with the plan for the protection of the rights of the child and the concluded agreement | Raise a child, protect his rights and legitimate interests, take care of his health and development | The amount of payment for a foster caregiver is determined by a fixed-term employment contract in the region. The monthly payment to foster care providers for the maintenance of an orphan child or a child left without parental care is established by each region separately |
adoption
Who is considered the parents of the child
adoptive parents
What rights arise in people who provide for the child
of adoptive parents are identical to blood parents
What are the obligations to ensure care of child
The obligations of adoptive parents are identical to those of natural parents
How the state supports persons providing care for a child
Adoptive parents receive benefits provided by the regional authorities. Also, adoptive parents receive the right to use maternity capital, if it was not used by the birth mother, and all child benefits in accordance with age. A child who at the time of adoption is entitled to a pension and benefits due to the death of his parents retains this right after adoption
Guardianship 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 government supports caregivers
Guardians and caregivers receive a one-time allowance for the adoption of a child into a family, support for the maintenance of a ward, alimony payments, survivor's pension, if the child is entitled to it
Foster family
3
Who is considered the child's parents
Blood family
What rights do caregivers have
Similar rights as in guardianship and guardianship
What are the obligations of persons providing care for a child
Similar obligations as in guardianship and custody
How the state supports persons providing care for a child for the performance of duties and allowance for the maintenance of a child in the family of the guardian, depending on the legislation of the region, benefits for utilities. The period while the child is in the family is counted towards the foster parents in the insurance period
Employment
Who 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 carers 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 criminal record 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. nine0037
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
Familiarize yourself with the guardianship authorities at your place of residenceAs a rule, there is an adoption specialist in each district municipality. He can work both at the education department and at the department of social protection of the population: this needs to be clarified in the social protection or education authorities at the place of residence.
In some cities, for example, in St. Petersburg, Vladimir, Krasnoyarsk, special adoption and guardianship centers have been created, where future adoptive parents are assisted in paperwork, passing medical examinations, and selecting children. Such an integrated approach greatly simplifies and speeds up the entire procedure. nine0003
Center for Family and Children Assistance, St. Petersburg
Center for the Development of Family Forms of Education, Krasnoyarsk
Center for Psychological, Pedagogical, Medical and Social Assistance, Vladimir
At the first visit, candidates for adoptive parents should simply talk with an employee of the guardianship authority is, in fact, an acquaintance. The task of a specialist is to listen to you, to find out the motive for adoption, to understand how fully you understand the responsibility of such a step, whether your housing, family and material conditions meet the requirements of the law. nine0003
The guardian must explain your future rights and obligations in relation to the adopted child, the procedure for the adoption procedure, answer your questions, and issue the necessary forms, referrals and a list of documents. Here it is:
- A copy of the adoptive parent's marriage certificate, if he is not married, then a copy of the birth certificate: sometimes the court asks him to see if the adoptive parent's surname has changed.
- Passport copies. nine0037
- 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. nine0037
- 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.
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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. nine0037
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 positionApplicants for adoptive parents must prove to the specialists of guardianship authorities the ability to financially support the child.
To do this, you will need to provide a certificate from the place of work on salary and position or copies of the income declaration certified by the tax office. The certificate is prepared in free form indicating the salary and other payments for 12 months.
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What rights do guardians have
Step 5
Write a CVCV is 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. nine0037
- 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. nine0037
- Personal hobbies and additional information. Creative, sports, achievements in them; participation in public organizations, volunteer movement, awards and promotions; experience working with children or helping elderly relatives.
It is also necessary to briefly explain the reason for contacting the guardianship department.
Sample CVStep 6
Complete a course or 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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I took three children from the orphanage
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.
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How to get an extract from the USRN
Adoptive parents are not required to provide any other documents other than the above. The conclusion on the possibility of being a candidate for adoptive parents and registration takes place within ten days after checking the housing conditions. nine0003
What should be the place of residence of the adoptive parent. The place of residence of a person wishing to adopt a child does not have to coincide with the place of his registration. But it is necessary to have a permanent registration. If the candidate is renting an apartment, he must provide a lease for more than one year. If living with relatives - a written agreement between them for the right to use.
A room in a hostel or apartment cannot be considered a permanent place of residence, no matter how comfortable it may be. nine0003
What should be the living conditions. In order for the child to live safely for his health and development, the living space of the adoptive parent must comply with sanitary standards. The main criterion is the availability of communal amenities: water supply, sewerage, central heating, gas supply, and so on.
Guardianship authorities can evaluate this without involving SES, BTI and other third-party organizations.
There are no federal restrictions on the size of housing for adoptive parents - the issue is at the mercy of the regions. For example, in Moscow, there should be at least 18 m² per person. But even when this rule is not observed, the final decision remains with the court: if the adoption is in the interests of the child, permission can be given to families with a smaller apartment area. nine0003
Art. 50 ZhK RF
Law on amendments to the RF IC
Step 8
Find a child for adoptionTo select a child, candidates can apply, at their choice, to any municipality in whose territory the orphanage is located, to a regional operator that is in each subject of the Russian Federation or in the Federal Data Bank on orphans and children left without parental care. But the law does not prohibit the independent search for a child in orphanages. You can also search for a child before the candidate receives a conclusion on the possibility of being an adoptive parent, but they will not give a referral to view the child until that moment. nine0003
Federal Child Data Bank
When and which child can be adopted. A child who has the status of an orphan, or a child left without parental care, can be adopted at least a day before his or her majority.
Requirements for adoptive parents do not depend on the age of the child they want to adopt. But if the case concerns a baby, whom the mother abandoned in the maternity hospital, then from her, as a legal representative, an additional statement of consent to adoption will be required. nine0003
Community 26.04.22
Is it possible to adopt an adult?
This is how the statement of consent to adoption looks like, which the biological mother writes in the maternity hospitalWhat are the health groups of children during adoption. Health groups is a scale that determines the state of the body and the development of the child. This information is provided to adoptive parents by the regional operator of the database of orphans.
There are five health groups:
- The child is absolutely healthy. nine0037
- 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. nine0037
- 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 I became a foster mother to three girls
How the meeting with the child goes. After the child is found, prospective adoptive parents go to the guardianship to which the 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.
Briefly about adoption
- 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.