How to adopt a immigrant child
Orphan Process | USCIS
- You Are a U.S. citizen.
- If you are married, your spouse must also sign Form I-600, Petition to Classify Orphan as an Immediate Relative and must also adopt the child
- If you are not married, you must be at least 25 years old when you file your Form I-600 petition
- You establish that you will provide proper parental care to the child
- You establish that the child whom you have adopted or plan to adopt is an “orphan” as defined in U.S. immigration law
- You establish that either:
- You (and your spouse, if married) have adopted the child abroad, and that at least 1 of you personally saw and observed the child before or during the adoption proceedings
OR
- You will adopt the child in the United States after the child arrives in the United States (you must have permission to bring the child out of his or her own country and to the United States for adoption)
- You (and your spouse, if married) have adopted the child abroad, and that at least 1 of you personally saw and observed the child before or during the adoption proceedings
Under U. S. immigration law, an orphan is a foreign-born child who:
- does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents
OR
- has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption
You must file an orphan petition before the child’s 16th birthday, or before the child’s 18th birthday if the child is a birth sibling of another child whom you have also adopted and who immigrated (or will immigrate) as:
- an orphan based on a Form I-600 petition filed before the sibling’s 16th birthday
OR
- an “adopted child” as defined in Section 101(b)(1)(E) of the Immigration and Nationality Act (INA) provided the actual adoption took place before that sibling’s 16th birthday.
As part of the processing of your case, USCIS (or, in some cases, the Department of State) will conduct an investigation overseas to verify that the child is an orphan. The purpose of the investigation is to:
- Confirm that the child is an orphan as defined in the U.S. immigration law
- Verify that you have obtained a valid adoption or grant of custody
- The child does not have an illness or disability that is not described in the orphan petition
- Determine whether the child has any special needs that were not fully addressed in your home study
- Determine whether there are any facts showing that the child does not qualify for immigration as your adopted child
If the child you seek to adopt habitually resides in a country that is a party to the Hague Adoption Convention, you probably will not be able to use the Orphan process. Instead you must follow the Hague Adoption Process to adopt the child and bring the child to the United States. For information on the Hague Process, go to our Hague Process page. For a list of Hague Convention Countries visit the Department of State Adoption page.
You may be able to use the Orphan process if you adopted the child before April 1, 2008, or if your case is “grandfathered” because you filed a Form I-600A or Form I-600 before April 1, 2008. For more information, see the “Grandfather I-600A Cases” page.
To establish your ability to provide proper parental care, you must submit a home study completed by someone authorized to complete an adoption home study in your home State (or anywhere in the United States, if you adopt the child while residing abroad).
The home study preparer must complete the home study according to the standards established in DHS regulations. For more information on home study requirements go to our Suitability and Home Study Information page.
You can have USCIS review both your suitability as an adoptive parent and the child’s status as an orphan at the same time. If you have already identified a child you want to adopt (or you have already adopted the child), you may file Form I-600, Petition to Classify an Orphan as an Immediate Relative.
Submit your home study with your Form I-600 and any other relevant evidence that you are suitable as an adoptive parent. Submit evidence that the child is an orphan and that you have adopted or intend to adopt the child.
You may also begin the orphan process before you identify a particular child for adoption. You do so by filing FormI-600A, Application for Advance Processing of Orphan Petition. Submit the home study with the Form I-600A. If USCIS approves your Form I-600A, the finding that you are suitable as an adoptive parent will make it unnecessary to address this issue again when you file a Form I-600 for a particular child. Once a particular child has been identified, you would then file a Form I-600 for that child.
If you do not file Form I-600A, then you must complete all requirements of the I-600A when filing Form I-600.
You may apply for Advance Processing of an Orphan Petition without knowing the country of prospective adoption. However, if your Form I-600A is approved, you may not adopt a child from a Hague Convention Country if your Form I-600A was filed after April 1, 2008. For information go to our Hague Process page. For a list of Hague Convention Countries visit the Department of State Adoption page.
- See the Filing Addresses for Form I-600A, Application for Advance Processing of Orphan Petition for information on where to file.
- See the Filing Instructions for Form I-600, Petition to Classify Orphan as an Immediate Relative for information on where to file.
- Verify that your Approval Notice is valid
- Verify that your fingerprints are still valid
- Contact the appropriate USCIS overseas office or U.S. embassy or consulate for details on processing times
Apply to a U.S. embassy or consulate for a visa for your child. The Department of State officer who decides the visa application must determine whether your child is “inadmissible” under any provision in section 212(a) of the Immigration and Nationality Act. For children, the most common ground of inadmissibility is medical inadmissibility due to certain diseases, lack of required vaccinations, or other medical issues. If your child is inadmissible, you may be able to obtain a waiver of inadmissibility by filing Form I-601, Application for Waiver of Ground of Inadmissibility.
Go to the Before Your Child Immigrates to the United States page for information about the type of visa your child will receive and about how and when your child may become a U.S. citizen under the Child Citizenship Act.
To check USCIS processing times for Form I-600A and Form I-600, visit our Check Case Processing Times webpage. For more information about case processing times, see our Case Processing Times webpage.
USCIS has a dedicated team to assist you with questions about your orphan adoption case. For more information, visit our USCIS Adoption Contact Information webpage.
Adoption | USCIS
Each year, U.S. citizens adopt thousands of children from overseas. This is known as an intercountry adoption.
Adopting a child from another country can be a complicated journey, and the information on this site is designed to help you as you move forward.
For USCIS’ policy guidance on adoptions, see Volume 5 of the USCIS Policy Manual.
USCIS is Responsible For:
- Determining the suitability and eligibility of prospective adoptive parents.
- Determining the eligibility of the child to immigrate to the United States.
Get Updates by Email
Email Addresse.g. [email protected]
Topics
Before You Start
We play a key role in the intercountry adoption process. If you’re considering adopting a child born abroad, learn more about the adoption process before you get started.
Suitability-Related Changes
Depending on which adoption process you chose, you may have additional requirements to complete your case.
Immigration Through Adoption
Immigration through adoption (commonly called intercountry adoption), is when you adopt a child born in a different country. Read more about U.S. immigration law and the role we play in the intercountry adoption process.
Bringing Your Internationally Adopted Child to the United States
The type of visa your child may receive will determine what steps you need to take for them to acquire U.S. citizenship.
Country Information
Adoption rules and procedures can vary greatly by country. Learn more about USCIS country-specific processing
After Your Child Enters the United States
Learn more about documenting or obtaining U.S. citizenship for your child
Suitability and Home Study Information
Home studies helps us determine whether you are suitable and eligible to adopt a child born outside the U.S., based on the criteria that have been established by law.
Adoption Contact Information
Processing and adjudicating intercountry adoption applications and petitions is one of our top priorities. Find out more information on who to contact if you have questions.
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Adoption process in the USA - Immigration to the USA
Family is, of course, one of the main values in a person's life. However, unfortunately, not all families can have a child. Moreover, there are a huge number of children in the world who are deprived of parental love and affection. Therefore, adoption is a great option for many to find a long-awaited family.
Adoption of children from other countries is in great demand in the USA. According to USCIS statistics, there are about 5,000 international adoptions a year in the United States. The reasons for this are the desire of Americans to help children from underdeveloped and economically unstable countries and give them a chance for a brighter future. In addition, at the moment, many are striving to create multicultural families. Well, an important factor that pushes families to international adoption is the huge competition and the duration of this procedure in the United States.
Most often, American families adopt children from China, Congo, Russia, Guatemala, South Korea, Ethiopia and Ukraine.
International adoption procedure
Undoubtedly, international adoption is a very long and difficult process. In order to adopt a child from another country, you first need to obtain an adoption permit. The United States Citizenship and Immigration Services (USCIS) is handling this matter. It determines the suitability of potential adoptive parents and verifies children's immigration eligibility.
However, international adoption is also governed by the laws of the child's country of residence. Accordingly, before you decide to adopt a child from a certain country, be sure to check its requirements for international adoption.
In general, there are 3 immigration processes for a child in case of intercountry adoption . And in order to adopt a child from another country, you need to fulfill all the requirements, in accordance with the chosen process.
1.
The Hague Adoption ProcessFirst of all, Since 2008, the United States has been a party to the Hague Convention on Intercountry Adoption . It includes more than 100 states. Therefore, if the child's country of origin is included in this list, you can use this circumstance when adopting.
2. Orphan adoption process
Basically, this adoption procedure is for orphans from countries that are not parties to the Hague Convention. In this case, you need to officially prove the child's orphanhood.
It should be noted that in the first two cases the potential parents of the adopted child must be US citizens over 25 years of age. In addition, parents will need to provide proof of housing and material conditions, as well as a number of other checks , before the official permission to adopt.
3. Adoption of relatives
It applies to US citizens and permanent residents who intend to adopt a child through kinship. At the same time, the child at the time of adoption must be under 16 years old (or up to 18 years old if the adopter is a biological brother and sister). In addition, you must have 2 years of physical and legal guardianship.
Immigrant visas for adopted children
Moreover, if you are adopting a child from another country, after the process is completed, he will need an immigrant visa to enter the United States.
Generally, there are several types of immigrant visas for adopted children :
1. For children from countries of the Hague Convention
- IH-3 visa: is issued to fully adopted children.
- IH-4 visa: for children coming to the United States for adoption.
2. For children from countries that are not members of the Hague Convention
- Visa IR-3: after full and final adoption abroad.
- IR-4 Visa: Issued if the child: is coming to the US for adoption; was adopted by only one of the parents (if they are married).
3. Adoption by Kinship - IR-2 visa.
US citizenship procedure for an adopted child
First, children who come to the US on the basis of visas0006 IR-3s and IH-3s automatically acquire US citizenship. However, the child must be under 18 years of age to enter the United States.
Second, children with IR-4 and IH-4 visas do not receive citizenship upon arrival, but become US residents. Therefore, they automatically receive a permanent resident card (Green Card). Once the adoption process is completed, only then can they acquire US citizenship.
Third, for adopted children with an IR-2 visa, there are several options. Basically, they receive American citizenship automatically. However, there are cases when a child receives a green card.
Adoption period and costs
Generally, the adoption process takes one to four years. Many factors influence this. Usually, the period depends on the laws and procedures for adoption in the child's country of origin.
Regarding the cost of international adoption, everything is individual here. In most cases, the cost is approximately 30-50 thousand dollars.
procedure and legal consequences of adoption, what is needed, conditions, documents, consent of the child, rights and obligations of adoptive parents brought up 37 thousand children.
In the understanding of many people, "to adopt a child" means to take an orphan from an orphanage. However, from a legal point of view, everything is not so simple. Today in Russia there are several forms of family placement for children, and they are regulated differently by law.
I worked in the guardianship and guardianship authorities for 17 years, 14 of them as a 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 used as 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 all transactions on behalf of the ward, except for those that the child can conclude personally: for example, these are donation transactions when a minor receives some thing or money as a gift.
Art. 1073, paragraph 2 of Art. 26 of the Civil Code of the Russian Federation
The trustee usually must give consent to the transactions of the ward, with a few exceptions: for example, minors aged 14 to 18 years have the right to independently manage their income or make small household transactions.
Art. 12.1 of the Federal Law on state benefits to citizens with children
p. 3 art. 38.1 of the Social Code of the Belgorod Region
Monthly, the guardian and trustee are paid an allowance for the maintenance of an orphan child. Its size depends on the region: for example, in the Belgorod region, where I live, in 2022 the allowance is 10,310 R.
In addition, guardians are entitled to a one-time payment from the federal budget - 22,472.77 RUR. This amount is set for all guardians from the Russian Federation, regardless of place of residence.
Lump-sum allowance when a child is brought up to a family
If a child is brought up by a guardian or custodian, the biological parents are not released from the obligation to support him and must monthly transfer alimony to his personal account: the amount of alimony is determined by the court.
Art. 148, paragraph 2 of Art. 71 SK RF
At the same time, the guardian decides whether the biological parents will be able to communicate with the child, but if the child is 10 years old, then his opinion will also be taken into account.
Art. 148.1 SK RF
Foster family. This form of arrangement is similar to guardianship, but in addition to child support and a lump sum payment, foster parents also receive remuneration for their work.
Art. 152 SK RF
The amount depends on the region of residence. For example, in 2022 in Moscow it is 18,150 R, and if a family accepts a child with a disability, then the amount of the payment will be higher - 30,885 R.
Clause 2.5.1 of Appendix 1 to the Decree of the Government of Moscow on establishing the amount of social payments for 2022
In the Belgorod Region, foster parents are paid 8288 R per month for the first child taken into the family, and for each subsequent adopted child the amount is increased by 20%. If a family accepts up to four children, the remuneration is paid to one of the parents, five or more children to both. In rural areas, there is still a monthly supplement of 25% of the remuneration due to foster parents. Foster parents have more privileges than guardians: they are provided with a 50% discount on utility bills, fuel, gas, telephone.
paragraph 5 art. 148.1 of the RF IC
Law of the Belgorod Region on Foster Family
Law of the Belgorod Region on Amendments to Article 2 of the Law of the Belgorod Region “On Foster Family”
The seniority can be accrued to both one parent and both - it all depends on who has concluded a civil law contract with guardianship.
Art. 7 Federal Law on compulsory pension insurance
The foster child and biological parents can communicate. Foster parents have the right to prevent this only if communication does not meet the interests of the child.
Section 5, Art. 148.1 SK RF
Patronage . Foster care is a relatively new form of family structure, in which the rights and obligations to protect the rights of children are delimited between the foster caregiver and the guardianship and guardianship authority. Laws supporting patronage have been adopted in 42 constituent entities of the Russian Federation, for example, in Moscow, Vladimir, Kaluga, Ivanovo and Kaliningrad regions.
Laws and regulations on patronage of the Moscow, Vladimir, Kaluga, Ivanovo, Kaliningrad regions shelter.
The child is transferred to foster care under a fixed-term contract. The period of stay in the family is set individually: it can be a short period - up to six months or a long one - over six months. The maximum term is until the minor reaches the age of eighteen.
For a long time, a child is placed in a foster family only if, for some reason, it is not possible to transfer the child to a guardian, custodian or foster family. In this case, the foster family receives a monthly allowance from the state for the maintenance of the child. The amount is similar to that allocated for guardianship and guardianship. But the right to receive a one-time allowance when a child is adopted into a family does not apply to foster parents.
Foster care gives the child the opportunity to prepare for an independent adult life - this is difficult to do in an orphanage. But this form of arrangement has one big drawback - children often become attached to new families and parting with it causes them stress. With all this, the child does not lose touch with the blood family: he can maintain relations with his parents, if they are not deprived of parental rights and do not pose a danger to him, brothers, sisters and other people significant to him.
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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.
Adoptive parents can change the child's first and last name. For children under one year old, even the date of birth can be changed, but not more than three months from the actual one. This happens in order to ensure the secrecy of the adoption, as well as for other reasons, if the court considers them valid. In my practice, there was such a case: the spouses raised an adopted boy born on September 8, 2007, and then adopted a girl born on July 25, 2007. The adoptive parents asked the court to change the boy's date of birth to July 25, 2007, so that the children could be considered twins. The court granted the request.
Art. 139 SK RF
art. 155 of the Criminal Code of the Russian Federation
In many regions, adoptive parents receive benefits for an adopted child. To apply for it, you must apply to the guardianship authorities at the place of residence. For example, in the Belgorod region, the amount of the allowance depends on how much money was allocated for the monthly maintenance of a child in an orphanage in the current year, the adoptive parent is entitled to 50% of this amount. And in the Stavropol Territory, a monthly allowance for adoptive parents is not provided, but a lump sum payment is made - 150,000 R.
cl. 1 art. 60 of the social code of the Belgorod region
art. 2 of the Law of the Stavropol Territory on the amount and procedure for assigning a lump-sum allowance to adoptive parents
In Moscow, the monthly compensation payment to persons who have adopted or adopted an orphan child or a child left without parental care in the city of Moscow is:
- 18 937 R for each child from 0 to 12 years old who is not a disabled child;
- 25 249Р for each child from 12 to 18 years old who is not a child with a disability;
- R31,561 for each disabled child.
Clause 2.9 of Appendix 1 to the Decree of the Government of Moscow on setting the amount of social payments for 2022
Also, adoptive parents are entitled to a lump-sum allowance, which is issued for all forms of family placement. From February 1, 2022, this is 20,472.77 R. But in the case of the adoption of a disabled child, a child over seven years old, as well as children who are brothers or sisters, the allowance will be higher - 156,428.66 R. To receive a payment, you need to apply to the Pension Fund at the place of residence.
Lump-sum allowance when a child is placed in a family for upbringing
What is the difference between the forms of placement of a child in a family
Form | Who is considered the child's parents | What rights do caregivers have | What are the duties of caregivers | How the government supports child caregivers |
---|---|---|---|---|
Adoption | Adoptive parents | The rights of adoptive parents are identical to those of natural parents | Obligations of adoptive parents are identical to those of natural parents | Adoptive parents receive payments provided by the regional authorities. Also, adoptive parents receive the right to use maternity capital, if it was not used by the birth mother, and all child benefits in accordance with age. A child who at the time of adoption has the right to a pension and benefits due to the death of his parents retains this right after adoption |
Guardianship | Blood family | The guardian or custodian has the right to raise the child and act as his legal representative | Guardians and trustees are obliged to take care of the maintenance of the wards, to provide them with care and treatment, to protect their rights and interests. At the same time, biological parents are not released from the obligation to pay alimony | Guardians and custodians receive a one-time allowance upon adoption of a child into a family, allowance for the maintenance of a ward, alimony payments, survivor's pension, if the child is entitled to it |
Foster family | Blood family | Similar rights as under guardianship | Similar duties as under guardianship and guardianship | The foster family receives a one-time allowance when the child is adopted into the family, a monthly remuneration to the foster parent for the performance of duties and an allowance for the maintenance of the child in the family of the guardian, depending on the legislation of the region, benefits for utilities. The period while the child is in the family is counted towards the foster parents in the insurance period |
Patronage | Blood family | Determine the daily routine of the pupil, resolve current issues of the pupil's life in accordance with the plan for the protection of the rights of the child and the concluded agreement | Raise a child, protect his rights and legitimate interests, take care of his health and development | The amount of payment for a foster caregiver is determined by a fixed-term employment contract in the region. The monthly payment to foster care providers for the maintenance of an orphan child or a child left without parental care is established by each region separately |
Adoption
Who is considered the parents of the child
adoptive parents
What rights arise in people who provide the child’s care
Rights of the adoptive parents. The rights of blood parents
What are the obligations to ensure child care
The obligations of adoptive parents are identical to those of natural parents
How the state supports persons providing care for a child
Adoptive parents receive benefits provided by the regional authorities. Also, adoptive parents receive the right to use maternity capital, if it was not used by the birth mother, and all child benefits in accordance with age. A child who at the time of adoption is entitled to a pension and benefits due to the death of his parents retains this right after adoption
Custody and guardianship
Who is considered the child's parents
Blood family
What rights do caregivers have
A guardian or custodian has the right to raise a child and act as his legal representative.
What obligations do persons who provide care for a child have? At the same time, biological parents are not released from the obligation to pay alimony
How the state supports child caregivers
Guardians and caregivers receive a one-time allowance for the adoption of a child into a family, support for the maintenance of a ward, alimony payments, survivor's pension if the child is entitled to it
Foster family
3
Who is considered the child's parents
Blood family
What rights do caregivers have
Similar rights as in guardianship and guardianship
What are the obligations of persons providing care for a child
Similar obligations as in guardianship and custody
How the state supports persons providing care for a child for the performance of duties and allowance for the maintenance of a child in the family of the guardian, depending on the legislation of the region, benefits for utilities. The period while the child is in the family is counted towards the foster parents in the insurance period
Employment
Who are considered the parents of the child
Blood family
What rights do caregivers have
Determine the daily routine of the child, resolve current issues of the child’s life in accordance with the contract and the child’s rights protection plan
What are the responsibilities of those who care for a child
Raise a child, protect his rights and legitimate interests, take care of his health and development
How the state supports child caregivers
The amount of payment for a foster caregiver is determined by the region's fixed-term employment contract. Monthly payment to foster care for the maintenance of an orphan or a child left without parental care is established by each region separately
Who can adopt a child
Married couples or single adults can adopt a child: if citizens are not married to each other, they cannot jointly adopt the same child.
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 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.
Center for Family and Children Assistance, St. Petersburg
Center for the Development of Family Forms of Education, Krasnoyarsk
Center for Psychological, Pedagogical, Medical and Social Assistance, Vladimir
At the first visit, candidates for adoptive parents should simply talk with an employee of the guardianship authority is, in fact, an acquaintance. The task of a specialist is to listen to you, to find out the motive for adoption, to understand how fully you understand the responsibility of such a step, whether your housing, family and material conditions meet the requirements of the law.
The guardian must explain your future rights and obligations in relation to the adopted child, the procedure for the adoption procedure, answer your questions, and issue the necessary forms, referrals and a list of documents. Here it is:
- A copy of the adoptive parent's marriage certificate, if he is not married, then a copy of the birth certificate: sometimes the court asks him to see if the adoptive parent's surname has changed.
- Passport copies.
- Original and copy of the medical certificate for each of the adoptive parents.
- Certificate of criminal record or non-conviction.
- When a child is adopted by one of the spouses, the consent of the other spouse or a document confirming that the spouses have terminated family relations and have not lived together for more than a year.
- Certificate from the place of work on the position held and salary, or a copy of the income statement or other document confirming the income of the adoptive parent or family of adoptive parents.
- Documents confirming the right to use the residential premises or the ownership of the residential premises.
- Certificate of completion of training for persons wishing to adopt a child left without parental care into their family.
- Curriculum vitae (needed only for the guardianship authority).
The main part of the documents is required to obtain an opinion from the guardianship authorities on the possibility of being an adoptive parent. Later, they will also be needed to apply for adoption to the court. Documents for the child will be prepared by guardianship officials.
Step 2
Obtain a certificate of no criminal recordI recommend that you start collecting documents from this certificate. Since the request is sent to the Main Information Center of the Ministry of Internal Affairs, a response will have to wait from a week to a month.
An application for issuing a certificate can be filled out at the MFC or independently on the public services portal.
/guide/ne-sudim/
Why do you need a certificate of non-conviction
To order a certificate through the public services portal, you need to go to your personal account and select the public service: "Obtaining a certificate of the presence (absence) of a criminal record. " Source: gosuslugi.ru This is what a certificate of no criminal record looks likeStep 3
Pass a medical examinationPeople without serious health problems can take a child from an orphanage.
The list of diseases preventing adoption includes:
- Tuberculosis - patients of the 2nd and 3rd dispensary groups.
- Infectious diseases.
- Mental illness.
- Drug and alcohol addiction, substance abuse.
- Malignant tumors of the 3rd and 4th degree.
- The first group of disability.
A list of diseases that make it impossible to adopt a child
A referral form for a medical examination is issued by the guardianship and guardianship authorities along with a list of documents for adoption.
It will not be possible to pass an examination in private clinics: according to the law, only state medical institutions are engaged in this, and free of charge. The medical report will be valid for six months from the date of its approval by the chief physician or the head of the polyclinic.
Medical examination procedure and conclusion form
What is included in the medical examination - public services website
To avoid misunderstandings, immediately after issuing the completed form, you must carefully check whether everything is in order with the execution. In particular, the conclusion of each doctor must be certified by the round official seal of the institution.
A list of examinations and examinations that you will definitely need to pass. Source: gosuslugi.ru Conclusion form, which is issued to future adoptive parentsStep 4
Obtain a certificate of income and positionAdoptive parents must prove to the specialists of guardianship authorities the ability to financially support the child.
To do this, you will need to provide a certificate from the place of work on salary and position or copies of the income declaration certified by the tax office. The certificate is prepared in free form indicating the salary and other payments for 12 months.
/prava/opecunam/
What rights do guardians have
Step 5
Write a CVCV is required only for guardianship. It should reflect the main points of the life path: education, marriages and divorces, labor activity. Based on this information, the specialist judges the stability of the financial and family situation of the candidate for adoptive parents, as well as his experience of communicating with children. An autobiography should not be too voluminous: one or two A4 pages is enough. The document can be either written by hand or printed on a computer.
CV must include:
- Personal information. Surname, name, patronymic; date and place of birth; information about parents or persons replacing them; information about sisters, brothers, if any; place of permanent registration and address of actual residence, if it differs from the address of registration.
- Education. Basic education - years of study, school number and city where one is located. Higher education (if any) - years of study, name of the university, specialty.
- Professional activity. Beginning of work experience - place of work and profession; listing periods of work and the name of employers, positions. The last place of employment is included with an indication of the position and salary; awards or events that positively characterize the candidate.
- Marital status. Family composition: spouse, children (last name, first name, patronymic, date of birth, occupation). Data on previous marriages and divorces (if any): information about spouses and children born in these marriages; the facts of changing the surname (if any) indicating the reason and the previous surname.
- Personal hobbies and additional information. Creative, sports, achievements in them; participation in public organizations, volunteer movement, awards and promotions; experience working with children or helping elderly relatives.
It is also necessary to briefly explain the reason for contacting the guardianship department.
Sample CVStep 6
Complete a course or a school for adoptive parentsThe list of required documents for adoption includes a certificate of completion of a program of psychological, pedagogical and legal training, or a school for future parents.
Art. 127 SK RF
Only close relatives of the child, namely grandparents, older full and half brothers and sisters, stepfathers and stepmothers, as well as those who are already a guardian, trustee or adoptive parent, can not be trained.
At school, prospective adoptive parents are helped to understand if they are ready for this serious step, and to figure out what form of guardianship will suit them; introduce the legislation, talk about the psychological difficulties that children and adults face both during the period of adaptation and after.
The length of study varies from school to school: a course can last from 56 to 80 academic hours. At the end, a final certification is carried out: after it, future adoptive parents will be issued a certificate of completion of training.
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I took three children from the orphanage
You can study for free at any school, regardless of the place of registration.
Foster Parent School Certificate FormStep 7
Get an act of checking housing conditionsWhen all the documents on the list are collected and transferred to the guardianship authorities, the adoptive parents will be assigned an inspection check of living conditions.
The guardian must inspect the housing and assess whether the child can live there. If other people live in an apartment or house in addition to the adoptive parents, guardianship workers will take an interest in their state of health and the relationship that connects them with the candidates for adoptive parents.
For verification, potential adoptive parents provide:
- An extract from the USRN confirming the ownership of housing or a contract of social or commercial employment.
- Information on the number of residents registered in the housing area.
/guide/get-egrn/
How to get an extract from the USRN
Adoptive parents are not required to provide any other documents other than the above. The conclusion on the possibility of being a candidate for adoptive parents and registration takes place within ten days after checking the housing conditions.
What should be the place of residence of the adoptive parent. The place of residence of a person wishing to adopt a child does not have to coincide with the place of his registration. But it is necessary to have a permanent registration. If the candidate is renting an apartment, he must provide a lease for more than one year. If living with relatives - a written agreement between them for the right to use.
A room in a hostel or apartment cannot be considered a permanent place of residence, no matter how comfortable it may be.
What should be the living conditions. In order for the child to live safely for his health and development, the living space of the adoptive parent must comply with sanitary standards. The main criterion is the availability of communal amenities: water supply, sewerage, central heating, gas supply, and so on.
Guardianship authorities can evaluate this without involving SES, BTI and other third-party organizations.
There are no federal restrictions on the size of housing for adoptive parents - the issue is at the mercy of the regions. For example, in Moscow, there should be at least 18 m² per person. But even when this rule is not observed, the final decision remains with the court: if the adoption is in the interests of the child, permission can be given to families with a smaller apartment area.
Art. 50 ZhK RF
Law on amendments to the RF IC
Step 8
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.
Federal Child Data Bank
When and which child can be adopted. A child who has the status of an orphan, or a child left without parental care, can be adopted at least a day before his or her majority.
Requirements for adoptive parents do not depend on the age of the child they want to take into the family. But if the case concerns a baby, whom the mother abandoned in the maternity hospital, then from her, as a legal representative, an additional statement of consent to adoption will be required.
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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.
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 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 number of referrals issued is not limited by law, that is, the search continues until the future adopter finds "his" child. A child who is ten years old will also have to express his opinion: agree in writing to a family placement or refuse it.
Art. 132 SK RF
At the end of the ten-day period, the candidate for adoptive parents will have to write on the referral one of the words that can radically change their future life: “I refuse” or “I agree”. If it was possible to find contact with the child and the consent in the guardianship authorities was recorded, the next step is to file an application with the court.
Step 9
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.
sign. 14 p.1 art. 333.36 TC RF
By law, the period for consideration of an application should not exceed two months from the date of its acceptance in the office. But the judges, as a rule, schedule a hearing for the next possible day.
How is the court session. Adoption cases are handled in a special manner. The adoptive parent, the representative of guardianship, the prosecutor and the child, if he is over 14 years old, must necessarily participate in the process.
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Rights of children under 18 years of age
Usually, a court decision enters into force 10 days after it is issued: only from this time do mutual rights and obligations arise between the adoptive parent and the child. If there are special circumstances and there are no objections on the merits of the case from all the participants, the judge may decide on the immediate execution of the decision: for example, if something threatens the life and health of the child and he needs urgent hospitalization.
An adopted baby can be taken home immediately after a positive adoption decision has been made by the court. At the same time, the maternity hospital must issue a postpartum sick leave from the date the decision enters into force when the baby reaches the age of 70 days, and when adopting two or more children - 110 days. A sick leave is needed to apply for maternity leave at the work of one of the adoptive parents.
Art. 157 of the Labor Code of the Russian Federation
Step 10
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.
A claim for the annulment of an adoption may be filed by the adoptive parents themselves, the guardianship and guardianship authorities, the prosecutor and the child if he has reached the age of 14.
Art. 142 SK RF
However, the court has the right to cancel the adoption even if there are no violations on the part of the parents.
Such cases include the identification of hereditary developmental abnormalities in a child that make it difficult or impossible to bring up. As a rule, when receiving an expert medical opinion on an adoptee, the future adopter confirms in writing his consent to familiarize himself with the diagnosis of the child and the history of the mother. If the violation was not listed in the document and appeared later, or the adopter for some reason was not notified under the signature about the presence of a pathology in the child, the adoption may be canceled.
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Why they can deprive of parental rights
But in practice, I came across the fact that foster parents became attached to children and even when a serious illness was detected, they left them in the family.
Adoption in brief
- Before adopting a child, you need to analyze your motivations, weigh the pros and cons.
- When visiting guardianship authorities and other authorities, be sure to ask and write down the last name, first name, patronymic of the specialist, as well as his position. You are required to provide this information. This way you will show that you are competent in matters of communication with officials and are able to appeal against illegal actions.