How to get social security card for adopted child

Applying for a New Social Security Number After an Adoption — Adoption Law

Congratulations on the finalization of the adoption of your minor child.  While it likely was a long arduous process, be careful not to relax too much now that you have finalized your adoption.  There still remains at least one more item on your post adoption checklist to cover, and that is obtaining a new Social Security Number for your child.

The Social Security Administration Guidelines have changed in recent years and allow any child that is adopted to obtain a new Social Security Number after an adoption. Significantly, there are no exclusions for older children or children adopted by grandparents. Also, the mandatory in-person interview conducted when an applicant is twelve or older and applying for an original Social Security Number does not apply to adopted children applying for a new Social Security Number.  However, one of the few remaining exclusions is that adults who are adopted cannot receive new Social Security Numbers.

Once the Final Adoption Order is signed by the judge, and the child's new birth certificate is received, you should immediately make plans to head to the local Social Security Administration Office in order to obtain a new Social Security Number for your child.

It is recommended to obtain a new Social Security Number to prevent fraud, misuse of your child’s identity, and harassment from former family members or caregivers.

A Social Security Number is necessary to:

Claim your child as a dependent on your income tax return;
Open a bank account for your child;
Buy savings bonds for your child’s future;
Start a college fund for your child’s educational needs;
Get healthcare coverage for your child; and
Apply for state or federal governmental benefits for your child.

Your child may or may not already have a Social Security Number. However, it is likely that your child’s birth mother filled out an application for a number at the hospital where she gave birth and a Social Security Card was mailed to her. In this case, the new Social Security Number will replace the former one. Notably, when dealing with child applications for new numbers, Social Security Administration Guidelines advise personnel at field offices to walk through the application process slowly and carefully, as if the parents were applying for a number for their child for the very first time.

The application for a new Social Security Number for your child must be made in person at your local Social Security Office. The field office for the Atlanta area is located at 401 West Peachtree Street Northwest, Atlanta, Georgia. For additional locations, the Social Security Administration provides an online tool to search by zip code, accessible at this link: https://secure.ssa.gov/ICON/main.jsp.

When applying in person for your child’s Social Security Number, you will need to bring with you the birth certificate that you received after the adoption was finalized and a certified copy of the Final Order of Adoption. You will also need to provide proof of your own identity. Your driver's license and passport are both acceptable forms of ID. You will also need to fill out Form SS-5, which can be found online (www.socialsecurity.gov/online/ss-5.pdf).

After the application for a new Social Security Number is submitted, it can take between six to twelve weeks to obtain the new Social Security Number and Card. If tax season is looming and you need to claim child-related tax breaks before the new Social Security Number arrives, you may obtain a temporary Adoption Taxpayer Identification Number (ATIN) by completing IRS Form W-7A (https://www.irs.gov/pub/irs-pdf/fw7a.pdf). The ATIN can be used for two years or until the Social Security Number is provided, whichever occurs first.

For more questions, contact attorney Christina E. Campbell, who has the experience and training to help you navigate the adoption process, at (404) 981-5257.

When, Why, and How Do I Get a New Social Security Number for my Adopted Child? — ADOPTION ATTORNEY LISA GOLDBERG

WHEN:

As soon as you receive your adopted child’s birth certificate, it is time to make an application for a new Social Security number.

WHY:

You need a Social Security number to:

claim your child as dependent on your income tax return;
open a bank account for your child;
buy savings bonds or start a college savings fund for your child;
get medical coverage for your child; or
apply for government services for your child.

If your adopted child already has a Social Security number, it is important to obtain a new one to maintain confidentiality, and to prevent fraud or misuse. The first Social Security application for your child was likely filled out at the hospital by his birth mother and his first card/number was mailed to her. With a new Social Security number, you will no longer share the information with his birth mother.

If you are in the hospital when your adopted child is born, try to speak with the nurse or social worker in charge of the birth certificate paperwork. If possible, avoid having the birth mother apply for the Social Security number when she fills in the birth certificate paperwork. Applying for the baby’s first Social Security number is a much quicker process, than changing it later.

HOW:

You must apply, in person, at the local Social Security Administration (SSA) Office. Unlike the passport application process, your child does not have to be present at the time of application. There is no cost for a Social Security number and card. Your attorney cannot apply for you! The application, Form SS-5, is online and may be downloaded and filled in before you go. (www.socialsecurity.gov/online/ss-5.pdf)

You will be required to provide at least two documents proving your baby's age, identity, and citizenship status. You will need your child's original birth certificate. By this, I mean the one that was issued after the adoption was finalized. The other document can be your child's hospital birth record or other medical record. All documents must be originals or certified copies. They will not accept photocopies!
You must provide proof of your own identity. Your driver's license and passport are both acceptable.
Number 11 on Form SS-5 asks if the person has a prior number. Answer this question “no,” even if you are not sure whether your baby received a prior number. You are applying for a number using your child’s new name and your name as parent. If you answer “yes”, or “unknown”, the SSA office will spend time trying to track the first number, link it to the newly issued number, and then cancel the old number. Your child, with his new adoptive identity, does not have a Social Security number and it is truthful to answer “no” to this question. The new number will be issued easily and expeditiously. Of course, if you are aware that the birth mother filled in the child registration form at the hospital, and used your last name on this and/or birth certificate forms, you must answer “yes” to this question because your child’s original number will be linked to the same name and it is important to have it cancelled.

Find the SSA office nearest you by logging on to the SSA's Office Locator at www.socialsecurity.gov/locator.

Once you've submitted your application, you should receive a Social Security card in 6 to 12 weeks. It may take substantially longer to process your application if your child is one year of age or older, because the SSA will contact your state's Department of Vital Statistics to confirm that the birth certificate you have provided is valid.

If you need to claim child-related tax breaks before your child’s adoption has finalized, you may obtain an Adoption Taxpayer Identification Number (ATIN) to use before obtaining the Social Security number. To apply for an ATIN, complete IRS Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions. The ATIN will be valid for only two years, at which point you can extend it if your child's adoption is still not final. Once the adoption is final, you must stop using the ATIN and get a social security number for your child following the process described above.

If you are adopting a child from another country, you will have to wait until the adoption is final and your child has entered the United States before you can obtain a Social Security number for your child. Once that happens, you can use the process described above.

Social Security number misuse:

If you think someone is using your child's Social Security number fraudulently, you should file a complaint with the Federal Trade Commission by:

One-time compensation payment upon the birth of a child

The pre-trial (out-of-court) appeal procedure does not exclude the possibility of appealing decisions and actions (inaction) taken (carried out) in the course of providing public services in court. The pre-trial (out-of-court) appeal procedure is not mandatory for the applicant.

The applicant may file a complaint, including in the following cases:

violation of the deadline for registering a request for the provision of a public service; nine0008
violation of the term for the provision of public services;
requiring the applicant to provide documents or information or perform actions, the submission or implementation of which is not provided for by the regulatory legal acts of the Russian Federation, regulatory legal acts of the constituent entities of the Russian Federation for the provision of public services;
refusal to accept documents from the applicant, the submission of which is provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg for the provision of public services; nine0008
refusal to provide a public service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of St. Petersburg;
a requirement from the applicant when providing a public service for a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg;
violation of the term or procedure for issuing documents based on the results of the provision of public services;
suspension of the provision of a public service, if the grounds for suspension are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of St. Petersburg; nine0008
requirement from the applicant when providing the public service of documents or information, the absence and (or) unreliability of which was not indicated upon the initial refusal to accept the documents necessary for the provision of the public service, or in the provision of the public service, with the exception of cases provided for in clause 4 of part 1 of the article 7 of the Federal Law N 210-FZ.

If the complaint is filed through a representative, a document confirming the authority to act on behalf of the complainant is also submitted. A power of attorney issued in accordance with the legislation of the Russian Federation may be presented as a document confirming the authority to act on behalf of the applicant. nine0003

Subject of the complaint

The complaint must contain:

name of the Administration, position and surname, name, patronymic (the last name, if any) of an official or civil servant of the Administration whose decisions and actions (inaction) are being appealed;
surname, first name, patronymic (the last one - if available), information about the place of residence of the applicant, as well as the contact phone number (numbers), e-mail address (s) (if any) and postal address to which the answer should be sent to the applicant; nine0008
information about the appealed decisions and actions (inaction) of the Administration, an official of the Administration or a civil servant of the Administration, including in the case of filing a complaint with the MFC or through the Portal - the type of violation specified in paragraph 5. 1.1 of the administrative regulation;
arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the Administration, an official of the Administration or a civil servant of the Administration. The applicant may submit documents (if any) confirming the applicant's arguments, or copies thereof. nine0008

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

A complaint is filed with the district administration that provides public services.

A complaint can also be submitted to a higher body to the vice-governor of St. Petersburg, who directly coordinates and controls the activities of district administrations.

A complaint against decisions and actions (inaction) of the head of the Administration is submitted to the Vice Governor of St. Petersburg, who directly coordinates and controls the activities of district administrations, or, in his absence, to the Government of St. Petersburg. nine0003

Ways to file and handle a complaint

Complaints can be filed:

in electronic form;
in writing on paper.

Complaint in writing on paper is carried out:

by mail;
through the MFC;
at the personal reception of the applicant at the Administration (at the place of provision of the public service, that is, at the place where the applicant submitted a request for a public service, the violation of the procedure for the provision of which is being appealed, or at the place where the applicant received the result of the specified public service). nine0008

At a personal appointment, the applicant submits in writing on paper a document proving his identity in accordance with the legislation of the Russian Federation.

Documents specified in clause 5.1.2 of the Administrative Regulations may be submitted electronically, but the identity document of the applicant is not required.

An electronic complaint is filed using the Internet through the Administration section on the official website of the Administration of St. Petersburg (the domain name of the site on the Internet is gov.spb.ru), "- gu.spb.ru). nine0003

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

Procedure for consideration of a complaint

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

A complaint against an employee of an institution (organization) subordinate to the Administration or about the procedure for providing services by an institution (organization) subordinate to the Administration is considered by the Administration in charge of the institution (organization) concerned. nine0003

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

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

If the complaint is filed by the applicant with an authority whose competence does not include making a decision on the grievance, within three working days from the date of its registration, the said authority sends the complaint to the body authorized to consider it and informs the applicant in writing about the redirection of the complaint. In this case, the period for considering a complaint is calculated from the date of registration of the complaint with the body authorized to consider it. nine0003

If a federal law establishes a different procedure (procedure) for filing and considering complaints, the provisions of this section do not apply, and the complainant is notified that his complaint will be considered in the manner and within the time limits provided for by federal law.

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

presence in the complaint of obscene or offensive language, threats to life, health and property of an official, as well as members of his family; nine0008
inability to read 15 any part of the text of the complaint, surname, name, patronymic (if any) and (or) postal address of the applicant indicated in the complaint.

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

Terms for consideration of a complaint

The term for consideration of a complaint is calculated from the day the complaint is registered with the Administration. nine0003

A complaint received by the district administration or a higher body must be registered no later than the next working day from the date of its receipt. The complaint is subject to consideration by an official, an employee empowered to consider complaints, within 15 working days from the date of its registration, unless shorter periods for considering a complaint are established by the Administration.

In case of appeal against the refusal of the Administration to accept documents from the applicant or to correct typographical errors and (or) errors, or in case of appeal against violation of the deadline for such corrections, the complaint is considered within 5 working days from the date of its registration. nine0003

Result of consideration of the complaint

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

to the applicant of funds, the collection of which is not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of St. Petersburg; nine0008
refuses to satisfy the complaint.

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

Based on the results of the audit, in the absence of arguments in the complaint confirming the existence of the type of violation of the procedure for the provision of services specified by the applicant, the official responsible for considering the complaint decides to refuse to consider the complaint on the merits due to the inconsistency of the information contained in the complaint with the specified type violations. nine0003

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

the presence of a court decision that has entered into force, an arbitration court on a complaint about the same subject and on the same grounds;
filing a complaint by a person whose powers have not been confirmed in the manner prescribed by the legislation of the Russian Federation;
the presence of a decision on the complaint, taken earlier in accordance with the requirements of the administrative regulations in relation to the same applicant and on the same subject of the complaint. nine0008

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

The procedure for informing the applicant about the results of the consideration of the complaint

When the complaint is satisfied, the Administration takes comprehensive measures to eliminate the identified violations, including the issuance of the result of the public service to the applicant, no later than 5 working days from the date of the decision, unless otherwise provided by law Russian Federation. nine0003

No later than the day following the day the decision was made, the applicant in writing and, at the request of the applicant, in electronic form, is sent a reasoned response on the results of the consideration of the complaint.

The response based on the results of consideration of the complaint shall include:

name of the Administration, position, surname, name, patronymic (if any) of the official who made the decision on the complaint;
number, date, place of the decision, including information about the official, employee whose decision or action (inaction) is being appealed; nine0008
surname, name, patronymic (if any) or name of the applicant;
grounds for making a decision on the complaint;
decision made on the complaint;
if the complaint is found to be justified - the deadlines for eliminating the identified violations, including the deadline for providing the result of the public service;
if the complaint is found unfounded - reasoned explanations about the reasons for the decision, as well as information on the procedure for appealing the decision. nine0008

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

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

At the request of the applicant, a response based on the results of consideration of the complaint may be submitted no later than the day following the day the decision was made, in the form of an electronic document signed by an electronic signature of an official of the Administration authorized to consider the complaint, the form of which is established by the legislation of the Russian Federation. nine0003

Procedure for appealing against a decision on a complaint

A decision made based on the results of consideration of a complaint can be appealed to the Vice Governor of St. Petersburg, who directly coordinates and controls the activities of district administrations (Smolny proezd, 1, letter B, St. Petersburg , 191060. tel. (812) 576-66-51), to the Government of St. Petersburg, as well as to the court in the manner and within the time limits stipulated by the current legislation.

The applicant has the right to receive information and documents necessary to substantiate and consider the complaint. nine0003

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

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

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

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

adoption procedure, conditions, documents, rights and obligations of adoptive parents

Tamara Skokova

creates a benefit for the family

Author profile

As of the beginning of 2021, 37 thousand children were brought up in Russian orphanages.

In the understanding of many people, "to adopt a child" means to take an orphan from an orphanage. However, from a legal point of view, everything is not so simple. Today in Russia there are several forms of family placement for children, and they are regulated differently by law. nine0003

I worked in the guardianship and guardianship authorities for 17 years, 14 of them as a supervisor. In the article I will tell you who and under what conditions has the right to take a child into a family, what documents are required for adoption and how the procedure takes place.

What is the adoption of a child

In Russia, there are several forms of placement of orphans and children left without parental care. Federal legislation establishes three main ones: adoption, guardianship and guardianship, foster family. At the regional level, others may be provided, but so far this is only patronage. Briefly describe how they differ from each other. nine0003

Custody and guardianship. The most common form of placement 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

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9 uncomfortable questions about orphans

Adoption. The Family Code of the Russian Federation considers this form of placement of children a priority: only it allows you to most effectively ensure both the interests of the child and the interests of foster parents.

Adoptive parents completely replace the child's parents. Here there is no such temporary nature of upbringing as in guardianship, guardianship or when transferring a child to a foster family. The state does not provide adoptive parents with any special assistance, with the exception of social support measures established in each subject separately, as well as measures that are provided to all families with children on a general basis. nine0003

Adoptive parents can change the child's first and last name. For children under one year old, even the date of birth can be changed, but not more than three months from the actual one. This happens in order to ensure the secrecy of the adoption, as well as for other reasons, if the court considers them valid. In my practice, there was such a case: the spouses raised an adopted boy born on September 8, 2007, and then adopted a girl born on July 25, 2007. The adoptive parents asked the court to change the boy's date of birth to July 25, 2007, so that the children could be considered twins. The court granted the request. nine0003

Art. 139 SK RF

art. 155 of the Criminal Code of the Russian Federation

In many regions, adoptive parents receive benefits for an adopted child. To apply for it, you must apply to the guardianship authorities at the place of residence. For example, in the Belgorod region, the amount of the allowance depends on how much money was allocated for the monthly maintenance of a child in an orphanage in the current year, the adoptive parent is entitled to 50% of this amount. And in the Stavropol Territory, a monthly allowance for adoptive parents is not provided, but a lump sum payment is made - 150,000 R.

cl. 1 art. 60 of the social code of the Belgorod region

art. 2 of the Law of the Stavropol Territory on the amount and procedure for assigning a lump-sum allowance to adoptive parents

In Moscow, the monthly compensation payment to persons who have adopted or adopted an orphan child or a child left without parental care in the city of Moscow is:

18 937 R for each child from 0 to 12 years old who is not a disabled child;
25 249Р for each child from 12 to 18 years old who is not a child with a disability;
R 31,561 for each disabled child.

Clause 2.9 of Appendix 1 to the Decree of the Government of Moscow on setting the amount of social benefits for 2022

Also, adoptive parents are entitled to a lump-sum allowance, which is issued for all forms of family placement. From February 1, 2022, this is 20,472.77 R. But in the case of the adoption of a disabled child, a child over seven years old, as well as children who are brothers or sisters, the allowance will be higher - 156,428.66 R. To receive a payment, you need to apply to the Pension Fund at the place of residence. nine0003

Lump-sum allowance when a child is placed in a family

What is the difference between the forms of placement of a child in a family

Form	Who is considered the child's parents	What rights do carers have	What are the duties of caregivers	How the government supports child caregivers
Adoption	Adoptive parents	The rights of adoptive parents are identical to those of natural parents	Obligations of adoptive parents are identical to those of blood parents	Adoptive parents receive payments provided by the regional authorities. Also, adoptive parents receive the right to use maternity capital, if it was not used by the birth mother, and all child benefits in accordance with age. A child who at the time of adoption has the right to a pension and benefits due to the death of his parents retains this right after adoption
Custody and guardianship	Blood family	The guardian or custodian has the right to raise the child and act as his legal representative	Guardians and trustees are obliged to take care of the maintenance of the wards, to provide them with care and treatment, to protect their rights and interests. At the same time, biological parents are not released from the obligation to pay alimony	Guardians and custodians receive a one-time allowance upon adoption of a child into a family, allowance for the maintenance of a ward, alimony payments, survivor's pension, if the child is entitled to it
Foster family	Blood family	Similar rights as under guardianship	Similar duties as under guardianship	The foster family receives a one-time allowance for the adoption of a child into a family, a monthly remuneration to the foster parent for the performance of duties and an allowance for the maintenance of a child in the guardian's family, depending on the legislation of the region, benefits for utilities. The period while the child is in the family is counted towards the foster parents in the insurance period
Patronage	Blood family	Determine the daily routine of the pupil, resolve current issues of the pupil's life in accordance with the plan for the protection of the rights of the child and the concluded agreement	Raise a child, protect his rights and legitimate interests, take care of his health and development	The amount of payment for a foster caregiver is determined by a fixed-term employment contract in the region. The monthly payment to foster care providers for the maintenance of an orphan child or a child left without parental care is established by each region separately

adoption

Who is considered the parents of the child

adoptive parents

What rights arise in people who provide the child’s care

Rights of the adoptive parents are identical to blood parents

What are the obligations to ensure care for child

The obligations of adoptive parents are identical to those of natural parents

How the state supports persons providing care for a child

Adoptive parents receive benefits provided by the regional authorities. Also, adoptive parents receive the right to use maternity capital, if it was not used by the birth mother, and all child benefits in accordance with age. A child who at the time of adoption is entitled to a pension and benefits due to the death of his parents retains this right after adoption

Custody and guardianship

Who is considered the child's parents

Blood family

What rights do caregivers have

A guardian or custodian has the right to raise a child and act as his legal representative.

What obligations do persons who provide care for a child have? At the same time, biological parents are not released from the obligation to pay alimony

How the state supports 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

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 child protection plan concluded

What are the responsibilities of those who care for a child

Raise a child, protect his rights and legitimate interests, take care of his health and development

How the state supports child caregivers

The amount of payment for a foster caregiver is determined by the region's fixed-term employment contract. Monthly payment to foster care for the maintenance of an orphan or a child left without parental care is established by each region separately

Who can adopt a child

Married couples or single adults can adopt a child: if citizens are not married to each other, they cannot jointly adopt the same child. nine0003

Art. 128 SK RF

Decree of the Government of the Russian Federation on approval of the rules for the transfer of children for adoption

Another important condition is that a man or woman must reach the age of majority, and the age difference between the adopter and the child must be at least 16 years. But if the adoptive parents are a married couple, and the age difference is less than the established norm with only one of them, then the guardianship department may, as an exception, give consent.

Other requirements for an adopter:

Legal capacity: own and spouse, if any.
Absence of a conviction for a grave and especially grave crime.
A health condition that allows you to fulfill parental responsibilities: for example, a child will not be allowed to be adopted by patients with tuberculosis or people with disabilities of the first group.
Home ownership or rental.
Substitute parents have a school leaving certificate.
Lack of information about deprivation or restriction of parental rights, cancellation of adoption, removal from the duties of a guardian. nine0008

If there are several people who want to adopt a child, his relatives will have the priority right, but taking into account the interests of the adoptee: they are expressed in trusting relationships, attachment to relatives, long-term cohabitation.

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How is the secrecy of adoption protected in Russia?

Next, I will tell you what documents future parents will need to collect and how the adoption procedure goes.

Step 1

Get to know the guardianship authorities at your place of residence

As a rule, there is an adoption specialist in each district municipality. He can work both at the education department and at the department of social protection of the population: this needs to be clarified in the social protection or education authorities at the place of residence.

In some cities, for example, in St. Petersburg, Vladimir, Krasnoyarsk, special adoption and guardianship centers have been created, where future adoptive parents are assisted in paperwork, passing medical examinations, and selecting children. Such an integrated approach greatly simplifies and speeds up the entire procedure. 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. nine0008
Original and copy of the medical certificate for each of the adoptive parents.
Certificate of criminal record or non-conviction.
When a child is adopted by one of the spouses, the consent of the other spouse or a document confirming that the spouses have terminated family relations and have not lived together for more than a year.
Certificate from the place of work on the position held and salary, or a copy of the income statement or other document confirming the income of the adoptive parent or the family of adoptive parents. nine0008
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 record

I recommend that you start collecting documents from this certificate. Since the request is sent to the Main Information Center of the Ministry of Internal Affairs, a response will have to wait from a week to a month.

An application for issuing a certificate can be filled out at the MFC or independently on the public services portal.

/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 like

Step 3

Pass a medical examination

People without serious health problems can take a child from an orphanage.

The list of diseases preventing adoption includes:

Tuberculosis - patients of the 2nd and 3rd dispensary groups.
Infectious diseases.
Mental illness.
Drug and alcohol addiction, substance abuse.
Malignant tumors of the 3rd and 4th degree.
First disability group. nine0008

List of diseases that make it impossible to adopt a child

A form for referral for a medical examination is issued by the guardianship and guardianship authorities along with a list of documents for adoption.

It will not be possible to pass an examination in private clinics: according to the law, only state medical institutions are engaged in this, and free of charge. The medical report will be valid for six months from the date of its approval by the chief physician or the head of the polyclinic. 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 parents

Step 4

Obtain a certificate of income and position

Adoptive parents must prove to the specialists of guardianship authorities the ability to financially support the child.

To do this, you will need to provide a certificate from the place of work on salary and position or copies of the income declaration certified by the tax office. The certificate is prepared in free form indicating the salary and other payments for 12 months.

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Step 5

Write a CV

CV is only for guardianship. It should reflect the main points of the life path: education, marriages and divorces, labor activity. Based on this information, the specialist judges the stability of the financial and family situation of the candidate for adoptive parents, as well as his experience of communicating with children. An autobiography should not be too voluminous: one or two A4 pages is enough. The document can be either written by hand or printed on a computer. 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. nine0008
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. nine0008
Personal hobbies and additional information. Creative, sports, achievements in them; participation in public organizations, volunteer movement, awards and promotions; experience working with children or helping elderly relatives.

It is also necessary to briefly explain the reason for contacting the guardianship department.

Curriculum vitae

Step 6

Complete a course or school for adoptive parents

The list of required documents for adoption includes a certificate of completion of a program of psychological, pedagogical and legal training, or a school for future parents. nine0003

Art. 127 SK RF

Only close relatives of the child, namely grandparents, older full and half brothers and sisters, stepfathers and stepmothers, as well as those who are already a guardian, trustee or adoptive parent, can not be trained.

At school, prospective adoptive parents are helped to understand if they are ready for this serious step, and to figure out what form of guardianship will suit them; introduce the legislation, talk about the psychological difficulties that children and adults face both during the period of adaptation and after. nine0003

The length of study varies from school to school: a course can last from 56 to 80 academic hours. At the end, a final certification is carried out: after it, future adoptive parents will be issued a certificate of completion of training.

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You can study for free at any school, regardless of the place of registration.

Foster Parent School Certificate Form

Step 7

Get an act of checking housing conditions

When all the documents on the list are collected and transferred to the guardianship authorities, the adoptive parents will be assigned an inspection check of living conditions.

The guardian must inspect the housing and assess whether the child can live there. If other people live in an apartment or house in addition to the adoptive parents, guardianship workers will take an interest in their state of health and the relationship that connects them with the candidates for adoptive parents.

For verification, potential adoptive parents provide:

An extract from the USRN confirming the ownership of housing or a contract of social or commercial employment.
Information on the number of residents registered in the housing area.

/guide/get-egrn/

How to get an extract from the USRN

Adoptive parents are not required to provide any other documents other than the above. The conclusion on the possibility of being a candidate for adoptive parents and registration takes place within ten days after checking the housing conditions. nine0003

What should be the place of residence of the adoptive parent. The place of residence of a person wishing to adopt a child does not have to coincide with the place of his registration. But it is necessary to have a permanent registration. If the candidate 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 adoption

To select a child, candidates can apply, at their choice, to any municipality in whose territory the orphanage is located, to a regional operator that is in each subject of the Russian Federation or in the Federal Data Bank on orphans and children left without parental care. But the law does not prohibit the independent search for a child in orphanages. You can also search for a child before the candidate receives a conclusion on the possibility of being an adoptive parent, but they will not give a referral to view the child until that moment. nine0003

Federal Child Data Bank

When and which child can be adopted. A child who has the status of an orphan, or a child left without parental care, can be adopted at least a day before his or her majority.

Requirements for adoptive parents do not depend on the age of the child they want to take into the family. But if the case concerns a baby, whom the mother abandoned in the maternity hospital, then from her, as a legal representative, an additional statement of consent to adoption will be required. nine0003

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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 hospital

What are the health groups of children during adoption. Health groups is a scale that determines the state of the body and the development of the child. This information is provided to adoptive parents by the regional operator of the database of orphans.

There are five health groups:

The child is absolutely healthy. nine0008
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. nine0008
Children with chronic diseases, injuries or operations that limit the child's life or require supportive care.
Children with disabilities.

Pathologies in children are not an obstacle to adoption. However, before you take a child with a complex diagnosis, you need to soberly assess the strengths and capabilities. It is better to consult with specialists in advance on how to organize the process of education. You can also discuss this topic with foster parents whose families have children with similar diagnoses. nine0003

In reality, completely healthy orphans are rare. Children of the 1st-2nd health group, as a rule, are babies, who are abandoned in the maternity hospital by very young mothers. Basically, children of the 3rd group are taken to families, and orphans of groups 4-5 more often remain in children's homes.

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How is the meeting with the child. After the child is found, prospective adoptive parents go to the guardianship to which the specific institution belongs or to the operator of the regional data bank through which the information was received, clarify the details and request a referral for a face-to-face visit. nine0003

The referral is valid for 10 days, during this time, future parents can see the child one or more times, talk with his caregivers, pediatrician, psychologist. A conversation with the institution's specialists takes place before meeting the child. If, after this conversation, the failed parents turn around and leave, the child will not be traumatized by failure.

The number of referrals issued is not limited by law, that is, the search continues until the future adopter finds "his" child. A child who is ten years old will also have to express his opinion: agree in writing to a family placement or refuse it. nine0003

Art. 132 SK RF

At the end of the ten-day period, the candidate for adoptive parents will have to write on the referral one of the words that can radically change their future life: “I refuse” or “I agree”. If it was possible to find contact with the child and the consent in the guardianship authorities was recorded, the next step is to file an application with the court.

Step 9

Apply for adoption to the court

This is a rather formal process: you need to come to the court during office hours, submit the documents according to the list, get their list in your hands and wait for the notice of 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. An adoptive parent, a guardian, a prosecutor and a child, if he is over 14 years old, must necessarily participate in the process.

/prava/prava-deti/

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 certificate

To do this, you need to contact the registry office: they will issue an adoption certificate and a new birth certificate of the child.

ch. V Federal Law on acts of civil status

The child is registered at the place of residence of the adoptive parents.

When can an adoption be canceled and parental rights deprive

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 be deprived 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.