How to adopt a disabled child from an orphanage. How does the adoption of a disabled child proceed? The procedure for placing a child in a family

1. The ability to save as provided by law. For many people, the thought of a child who has become their own finding out about their origins becomes painful.
2. Fear of the appearance of blood parents and their possible claims if the child is under guardianship.
3. Reluctance for others to know the child's history. Many people treat adopted children with condemnation and misunderstanding.
4. Having no natural children, they see their adopted child as a continuation of their family name.

Adoption is one of the most humane acts that people are capable of. But there are many situations and nuances associated with adoption. Let's try to figure them out.

Disabled child

The process of adopting a disabled child takes place under the same conditions from a legal point of view as the adoption of a child without health problems. There are no special laws regulating the adoption of a disabled person.

There is a Federal Law “On State Benefits for Citizens with Children.” In 2013, it was changed in the part concerning payments to families who took in a disabled child. The benefit increased to 100 thousand at a time.

Although, according to statistics announced by Pavel Astakhov, the number of families who have adopted disabled children is growing, there are still few of them who have donated a home to a sick child.

What are potential parents afraid of facing, what reasons make people who decide to take such an action change their minds?

Social reasons:

1. Misunderstanding of others. Most people in this case tend to see only the mercantile interests that pushed the family to take such a step.
2. Lack of assistance from government agencies. A typical answer from officials: no one asked you to adopt. Your solution is your problems.
3. Inability to obtain quality medical care. Most children need paid operations, expensive rehabilitation, and so on. Most potential adoptive parents do not have that kind of money.
4. Lack of quality psychological assistance. This problem is especially acute in small towns, where even the salaries of psychologists at Children's Social Services Centers have now been reduced.
5. The need to endlessly go to institutions, collecting numerous certificates to receive benefits for medicines and rehabilitation means.
6. Fear of losing your job, or voluntarily leaving it due to the need to constantly care for such a child.
7. Money problems. Providing a decent life for such a child is not cheap.
8. Difficulties in obtaining an education that you will inevitably have to face.

Psychological reasons:

Technical side of the issue:

1. Difficulties in obtaining rehabilitation equipment (wheelchairs, exercise equipment, etc.).
2. Lack of a barrier-free environment (the same lack of ramps, special lifts, and so on).
3. Unsuitability of apartments for disabled people, especially wheelchair users.

And it should be taken into account that a mandatory condition for adopting a disabled child is the allocation of a separate room for him, especially if the illness is mental in nature.

Adoption of disabled children remains one of the most painful issues, but only this realizes the rights of disabled children to a life that is comfortable in all respects.

Cancel

happens only in court. A guardianship officer and a prosecutor are present.

Reasons stated in the law:

1. Adoptive parents do not fulfill their parental responsibilities.
2. Parents' rights are abused.
3. The child is treated cruelly.
4. They suffer from alcoholism and drug addiction.
5. The relationship between the child and the adoptive parent did not work out. This has a bad effect on the development and upbringing of the child.
6. The adoptive parent is not the child's authority, and therefore constant problems arise in upbringing.
7. Being in the adoptive family, the child does not feel like a member of it.
8. Mental health problems, facts of mental disability, and the presence of hereditary pathologies that make staying in the family impossible were discovered some time after adoption.

Igor was adopted at the age of 6 years. The medical documents contained a note from a psychiatrist: healthy. But almost immediately Igor’s behavior manifested itself as inappropriate. For several years, his adoptive parents tried to cope with the situation, resorting to the help of doctors and psychologists, but by the age of nine he began to leave home, and they had to search for him for a long time. By that time, the child had already been given numerous diagnoses by psychiatrists, including vagrancy syndrome. Because of fear for the life and health of the child, the adoptive parents were forced to come to court to terminate the adoption.

In order to cancel the adoption, the following may apply to the court:

• blood parents who are not deprived of parental rights and are capable;
• adoptive parents;
• the child himself, if he is over 14 years old;
• guardianship and trusteeship authorities;
• prosecutor.

Various reasons are given for canceling an adoption.

The husband learned that the son born to his wife before the wedding, whom he considered his own and adopted after marriage, was actually adopted by his wife during his military service. The man decided to go to court to cancel the adoption.

The document on the court decision to cancel the adoption comes into force within three days. All mutual rights between the child and the adoptive parent are terminated, and where the child will live is decided by the guardianship authorities.

The court can force the former adoptive parent to pay child support. The issue of the child’s surname is also decided by the court.

It is impossible to cancel the adoption when the child is already 18 years old, unless there is mutual consent of the adopted person and the adoptive parents on this issue.

What about an adult?

The Petrovs were childless, taught at a technical school, and there they became closely acquainted with seventeen-year-old Oleg, a student who had previously been raised in an orphanage. At first the young man visited them often, then he moved away completely. The middle-aged couple saw him as a son. He also became sincerely attached to them. But the decision to formalize the adoption was made when Oleg was already 18 years old.

Main purpose of adoption─ the opportunity to give a full-fledged family to a child. This also applies to the interests of adoptive parents. Often for them this is the only possible way to become parents.

Therefore, you can only adopt a minor child in the Russian Federation. This is a mandatory rule of law. It does not change under any conditions, even when for some reason the adoption was not formalized on time, and the person perceives his educators as parents.

This means that the Petrov spouses will not be able to legally formalize the adoption.

Special situations

If you adopt twins?

Taking the first step towards adoption is not easy. Adopting two at once is even more difficult. Although there are many parents who want to have twins. There are twins in the data banks of orphans.

Almost always, twins are in the same children's institution, and it is almost impossible to adopt one of them, which is absolutely correct from an ethical and psychological point of view.

There are no special conditions. From the legal side, adoption takes place in accordance with the established procedure. The process of adopting twins also begins with a visit to the guardianship authorities, where you need to write an application for the adoption of twins. And start searching. Adoptive parents must consider the pros and cons of their decision.

An undoubted advantage will be that adaptation in the family is much easier for twins, because they feel a blood loved one next to them.

Big minus the fact that both children have a hereditary predisposition to certain diseases, which will create double difficulties. Difficulties in relationships that arise with one child will in this case transfer to relationships with the other, given the close connection between the twins. When adopting twins, parents can apply for maternity capital.

Is one child not enough? Let's take the second one!

Parents who have decided to adopt a second child behave much calmer and more confident in this matter. They follow a familiar path. The procedure for adopting a second child remains the same.

What to pay attention to people who decide to adopt a second child:

1. The documents collected earlier for the adoption of the first child may already be out of date. All certificates are valid for a year, except for medical documents, they are valid for only six months. So most likely the documents will have to be collected again.
2. Do your living conditions allow you to adopt a second child?
3. How are the family's finances?
4. Those who were previously adoptive parents but were deprived of this right by a court decision will not be allowed to adopt a second child.
5. To adopt a second child, it is necessary to take into account the opinion of the first if he has reached the age of 10 years.

When, after the adoption of the first child, the process of adopting the second can begin, the parents decide. This depends on the adaptation of the first child to new conditions.

Brother and sister

According to Article 210 of the Family Code, siblings can only be adopted together. But if there are certain circumstances and the guardianship authorities agree, the court may give permission to adopt one child.

Deciding to take on several brothers and sisters at once is difficult. And you can understand people:

1. They try to take a very young child into the family. Children over four or five years old are taken much less often.
2. If childless people adopt, they are simply afraid that they will not be able to cope with two children at once.
3. And if there are children in the family, then they adopt another one for some reason: secondary infertility, all boys are born, but they want a girl, and so on. In this case, we are usually talking about one child.
4. Most often, people try to adopt only one child for financial reasons, since the state pays only a one-time benefit for adoption. Only pensions are preserved if the blood parents have died.

This is why siblings are less likely to be adopted than a single child.

Now, when the director of each orphanage is required to actively work to assign pupils to the family, children are often immediately separated under a plausible pretext. Then the children find themselves practically unfamiliar with each other, and this fact is taken into account by the court in favor of adoption.

For example, the youngest is placed in a children's home, the older in a boarding school. And children are rarely reunited, and only the youngest child “finds” the family. When there are more than two children from one family, there is practically no chance of being adopted together.

It often happens when a child is already under guardianship in a family, and the guardians decide to adopt him. Here the court will decide in favor of the family and the child, even if he has brothers and sisters.

Three boys grew up in the Ivanov family. Ira really wanted a girl, but her mother-in-law scared her, saying that “the Ivanovs don’t give birth to girls.” Ira and her husband decided to take the child. And they took custody of Katya, who was brought up in the Orphanage. They were warned that she had two older brothers who were in a boarding school at the time. But when guardianship is established, it is allowed to take one child from one of the siblings into the family, which is what the Ivanovs did. Before the girl went to school, she was adopted, despite the fact that she has siblings. The court took into account the fact that the child has already been in the family for several years and considers the guardians to be his parents.

Often, having a desire to adopt several children, people do not take siblings. The explanations are as follows:

1. If one child is unable to adapt and the question of refusing adoption arises, then a brother or sister may also leave the family, although they have developed a good relationship with the adoptive parents.
2. Problems may arise with all adopted children at once due to hereditary diseases and tendencies.
3. When one child is small and the other is several years older, it is impossible to keep the adoption a secret.
4. Relatives may have the same bad habits, and in this case it is more difficult to fight them.

But there are people for whom all of the above is not an obstacle, and children grow up in the same family without breaking blood ties.

Three children at once

Most often, three are not adopted at once, but at certain time intervals. Under this condition, it is easier to adapt the child to new living conditions, and you can provide more attention to everyone.

Kinship adoption

The Law states that the child’s relatives have advantages over other applicants when adopting him.

A child who has lost parental care can be adopted by uncles, aunts, other relatives. It should be taken into account that the age difference between the adoptee and the adoptive parent must be at least sixteen years.

Adaptation is easier because the adoptive parents know the child’s family

Does citizenship matter?

Citizens of the Russian Federation can adopt a child who has citizenship of another country. But then the adoption process is carried out according to the laws of the country of which the child is a citizen at the time of adoption.

Will people with disabilities be trusted?

Adopting a disabled child is quite difficult. There is a list of diseases for which citizens cannot be adoptive parents. In particular, disabled people of group 1. For disabled people of groups 2 and 3, there are practically no obstacles in this matter.

But there are pros and cons to adopting children with disabilities. Let's start with the pros:

1. Children in a family are always better than in an orphanage.
2. A person who has become disabled can realize himself as a parent.
3. The child, seeing the difficulties that his adoptive parent overcomes, will treat him with great respect.

Minuses:

1. Inevitable financial problems.
2. A child may be embarrassed by a disabled parent.
3. As an adult, the adopted child will become attached to the adoptive parent, seeking to provide care for him. And the adoptive parent will feel guilty about this.

In any case, an individual approach is required. The causes of disability and its degree vary, as do the situations that led to the idea of ​​adoption.

When only one of the spouses is disabled, the healthy spouse can adopt.

Tanya is a wheelchair user after an injury. She works remotely from home as an accountant. My husband is a healthy man. They decided to adopt a child. The documents were drawn up by the husband with Tanya’s consent. Now Pavlik has parents. His mother is always at home with him; together they play, read, and watch cartoons.

The path to adoption is not easy. But this is an opportunity to make the life of at least one child happy.

A fairly large number of children in Russia are raised in foster families. The child's adoptive parents have the right to receive financial assistance from the state to raise the child.

We will consider the process of receiving benefits for the adoption of a child, as well as the amount of this benefit, in more detail below.

The concept of adoption exists for raising children who have lost their biological parents or were left without their care in full-fledged families and is regulated by Russian legislation.

Child custody is often not based solely on full adoption.

The legislation provides for the following forms of guardianship over orphans:

• direct adoption;
• registration of guardianship or trusteeship of a child;
• patronage.

The procedure for adopting a child is quite lengthy and requires a court decision. A person can become a guardian by decision of the guardianship and trusteeship authorities without a trial. In addition, the verification by civil servants of candidates for the right of guardianship and trusteeship is more loyal.

However, full-fledged adoptive parents in the case of adopting a child receive much more rights.

An adopted child becomes a full-fledged member of the family, and the same mutual rights and obligations arise between him and his adoptive parents as biological ones, including the right to receive an inheritance.

Patronage gives adoptive parents minimal rights, and also implies regular monitoring of living conditions and the process of raising a child by the guardianship authorities.

When registering for patronage, the trustee is involved in the socialization of the child and representing his interests in government bodies, but the child can also be left in an orphanage.

When registering guardianship, trusteeship or patronage, an agreement is concluded between government agencies and adoptive parents.

If the child is fully adopted, then by court decision the candidates become the official parents of the child and receive an adoption certificate.

Issues of adoption, guardianship and trusteeship are dealt with by the guardianship and trusteeship authorities, but direct adoption will require a court decision.

The amount of the benefit, as well as the types of benefits provided to adoptive parents, depend on the form of adoption.

Normative base

Payment of benefits to families with adopted children is regulated by law.

The amount of the benefit, as well as the procedure for receiving it and the categories of families to which it is due, are established in the following laws:

• Federal Law No. 81 of the Russian Federation “On state benefits for citizens with children”;
• Federal Law of the Russian Federation “On additional measures of state support for families with children.”

Registration procedure

Adoption benefits must be issued no later than 6 months from the date of adoption of the child. To do this, you need to submit an application and the required documents to the guardianship authorities.

Review of the application will take up to 10 days.

In most cases, the payment of benefits is approved, but if the adoptive parents receive a refusal, it can be challenged in court.

To receive benefits for the adoption of a child, you must submit the following documents to the guardianship authorities along with your application:

• a copy of the applicant’s passport (other documents confirming identity are also possible);
• bank account details for receiving benefits;
• adoption certificate and court decision;
• a certificate of residence confirming that the adopted child lives with the applicant;
• certificate of income of the adoptive parents.

The court's decision

Payments for the adoption of a child are assigned on the basis of a court decision on adoption. This document, along with the adoption certificate, must be submitted to the guardianship authorities to assign benefits.

Child adoption benefit

Some adoptive parents and guardians are entitled to receive benefits for raising a child. The amount of this benefit may vary depending on the form of guardianship or adoption.

Also, benefits are not paid at all to certain categories of adoptive parents and guardians.

There are several types of benefits for the adoption of a child, the amount of which in 2018 may vary greatly. Let's look at each type in more detail.

It is worth noting that adoptive parents can spend the funds received only on improving the living conditions for the child, as well as on his physical, mental or spiritual development.

What does it take to adopt a child? See here.

One-time

If a family adopts two or more children born from the same parents, then the benefit is paid for each child.

Monthly

Monthly payments can be received by those families who have adopted a child under one and a half years old. Before this age, it is possible for one of the parents to take paid leave to care for a child, and the amount of the benefit will be 40% of the income of the parent for whom the benefit is issued.

Also, the right to receive a monthly allowance for raising a child is given to guardians and trustees, and its amount is fixed in the contract and can range from 980 rubles to 7,700 rubles.

Right to maternity capital

Some families have the right not only to receive adoption benefits, but also maternity capital, which is allocated to all families with newborns from the state budget.

The following families have the right to receive maternity capital:

• families who adopted a child while having children of their own;
• families who adopted a child whose mother was deprived of the right to receive parental capital due to deprivation of parental rights;
• families who adopted a child under 70 days of age.

If two children

Other benefits

In addition to benefits, families who have adopted children receive the following benefits:

• compensation for paying utility bills;
• free receipt of dairy products for children under two years of age;
• free prescription medications for children under 3 years of age;
• compensation for half the cost of preschool services;
• the right to free meals at school.

How to write consent for the adoption of a child by another person? Sample here.

What is the procedure for adopting a child from an orphanage? Details in this article.

Are payments due when adopting a wife's child?

If a man adopts his wife’s child from a previous marriage, then in such a situation no lump sum payments are provided.

The adoptive father will only be able to receive official leave to care for a child under 1.5 years of age with the possibility of receiving benefits in the amount of 40% of income.

In the video about the benefit

Benefits and rights when adopting a child in 2018-2019

General concept

Adoption is the process of accepting a child left without parental care into a family. The term is perceived in a general manner, regardless of its gender. In the process of adoption, both parties acquire rights and responsibilities towards each other, which are in no way different from legal relations in an ordinary family.

The adoptive parent assumes responsibility for the child:

• on his material support;
• to create conditions for obtaining education, including professional education;
• to ensure comfortable living conditions.

An adopted child receives all the rights of a native child. In addition, he has the same responsibilities towards new parents.

Important! Guardianship and trusteeship authorities are obliged to monitor the fulfillment of their duty by adoptive parents. If serious violations and abuses are detected, they go to court to cancel the adoption.

State support for adoption

Federal legislation contains a number of preferences for adoptive parents. They can be divided into the following groups:

• social support;
• tax benefits;
• preferences in the field of labor activity.

Important! Local benefits for adoptive parents are more varied. However, they come down to measures of social support for families raising orphans.

A family that has adopted someone else’s child may qualify for the following social support measures:

• maternity leave with all payments (if you took a baby up to 3 months old);
• obtaining a certificate for maternity capital (provided that there are two or more children in the family);
• lump sum adoption benefit;
• monthly payments to the mother until the child reaches 1.5 years of age;
• preferential enrollment and free meals in kindergartens and schools;
• free medicines for children under 3 years of age;
• reimbursement of expenses for housing and communal services;
• reimbursement of 50% of the cost of kindergarten expenses.

Benefits are provided only if the child is adopted from an orphanage. If children of a spouse from a previous marriage are adopted, no benefits are provided. Except for maternity leave.

The law makes no difference between parents. Maternity leave and monthly payments can be provided to the father if desired.

Who is covered by government support programs?

The assignment of preferences and their material expression depends on the conditions of adoption, including the health of the children. So, the one-time benefit when joining a family is as follows:

• healthy child - 16,350.33 rubles. (from February 1, 2017);
• disabled person - 124,929.83 rubles.

However, benefits in the field of labor relations apply exclusively to people with an official place of duty. For example, these include preferences such as:

• restrictions on involvement in night shifts and overtime work;
• ban on working on weekends and holidays;
• provision of vacation in the summer.

Attention! Preferences for working parents are described in Art. 264 Labor Code (LC). They are the same for biological parents and adoptive parents.

Do you need expert advice on this issue? Describe your problem and our lawyers will contact you as soon as possible.

Financial support measures for adoptive parents

Payments to people who take in stepchildren can be further divided into:

The first refers to those benefits and benefits that are due to biological parents. At the same time, there are payments accrued only to adoptive parents.

Maternity money

If the baby transferred to the family is less than three months old, then one of the parents has the right to apply for maternity leave. In practice, this is done in the same order as at the birth of a child:

1. You should contact the antenatal clinic with documents.
2. The doctor will register the woman and issue a sick leave certificate.
3. This document is submitted to the administration of the enterprise.
4. The accounting department will calculate and pay the usual maternity benefit.

Important! When adopting twins, the period for requesting benefits is extended to 110 days, usually 70 days.

One-time payment to the adoptive parent

This type of payment is made once. The family has the right to it immediately after all the documents for the adopted child have been completed (in practice, a court decision). The amount depends on the age and health status of the adopted child and the number of adopted children.

Above are the amounts of benefits paid in 2018 for a healthy child and a child with health limitations.

• child over 7 years old;
• brothers or sisters are accepted into the family (paid for each).

Attention! If a child is adopted a second time, and this type of benefit was received by the previous family, then it is not paid to the next parents.

How to get

A lump sum payment is not automatically assigned. It should be applied for personally by the person to whom the court has established parental rights. To do this, you should prepare copies of the following official documents:

• a court decision to legitimize the fact of adoption (must be in force);
• if the child has established health restrictions, they are confirmed by an appropriate certificate issued by a medical and social examination;
• When a family has accepted brothers or sisters, they need papers confirming this fact.

Important! Payment of benefits must be applied for within six months from the date of entry into force of the court decision. Otherwise, you will have to go back to the judiciary.

Documents must be taken to the local administration (guardianship authorities). Payments are made after ten days, subject to the provision of reliable and complete information.

Important! If the court decision indicates circumstances that increase payments (a disabled child, the age of the adopted child, or the adoption of brothers and sisters into the family), then no additional paperwork is required.

Care allowance for up to one and a half years

The amount of this type of payment is calculated in the usual way: based on average earnings over the last two years. Its value is 40% of the indicator. The minimum amounts from February 1, 2017 were:

• for the first child (all children in the family are considered: natural and adopted) - 3056.69 rubles;
• for the second and subsequent ones - 6131.37 rubles.

Attention! Payments are made by the enterprise that has issued parental leave to the adoptive parent (mother or father) on the basis of a birth certificate (it is not necessary to provide a court decision).

Maternal capital

Attention! The conditions for obtaining the certificate are as follows:

• the fact of adoption must date from 01/01/2007 to 12/31/2018;
• a family must raise two or more children (regardless of the degree of relationship).

Spending maternity capital funds is allowed only in four directions:

• acquisition or reconstruction (construction) of housing;
• children's education;
• Mom's pension;
• rehabilitation and habilitation activities for children with disabilities.

Tax benefits

When understanding what is required when adopting a child, do not forget about the procedure for reducing the tax burden for citizens with children. It is the same for biological and adoptive mothers and fathers.

The amount of taxable income is reduced:

• by 1.4 thousand rubles. upon adoption of the first and second baby;
• by 3 thousand rubles. - third and subsequent;
• by 12 thousand rubles. - for accepting a disabled child into the family (for each).

Attention! Preference is granted at the place of duty. To obtain it, you must contact the enterprise administration with the relevant documents:

• children's birth certificates;

• certificate of disability of a son or daughter.

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Do I need a report on the use of state aid?

Domestic legislation equates the institution of adoption with biological kinship. This means that parents have the same rights and responsibilities towards their children, regardless of blood ties.

The state provides additional assistance to adoptive parents so that they can take more care of their children and experience fewer difficulties. There is no need to account for budget money.

Attention! The fulfillment of parents' responsibilities is controlled by the guardianship and trusteeship authorities. This applies to all areas of life, including the material support of children.

Regional measures to support adoptive parents

In addition, the adoptive parent in Moscow receives:

1. One-time 30 thousand rubles. The money can be transferred to the account of either one of the parents or the child.
2. Monthly payment in the amount of 10,000 rubles. This payment is due only to citizens who successfully fulfill parental responsibilities, as confirmed by the guardianship service.

Attention! Specific preferences for adoptive parents in the regions should be checked with the guardianship authorities of the local administration.

Instead of a conclusion

The described rights and preferences are not mandatory. Citizens can receive them upon application. However, no one will oblige you to reveal the secret of adoption if the parents do not want it.

1. Payments can be refused if this is related to the moral aspect of raising children in a family.
2. Only this act will not cancel the checks of guardianship specialists, who are obliged to monitor the living conditions of children in the families that have adopted them.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

Last changes

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Adopting a disabled child

It is impossible to obtain parental rights for someone else's child without adopting him. The most difficult thing is to adopt a disabled child.

Where to go to adopt a disabled child

In order to adopt a disabled child, you should first contact the guardianship authorities. This is an important event, it affects the success of the entire procedure. It is necessary to get to know the guardianship staff, communicate with them and try to get along. Secondly, you will need to go to a medical institution to undergo a mandatory medical examination. Then you will need to file a lawsuit. The last point is the registry office.

What does the procedure for adopting a disabled child look like?

The procedure for adopting a disabled child takes place in several stages:

• Experts check whether future parents meet the existing requirements.
• Future parents collect the documents necessary for adoption.
• The adoption case is being considered in court proceedings.
• A child's candidacy is selected.
• A trial is taking place in court.
• The court makes a decision.
• If successful, parents contact the registry office.

Requirements for future parents

There are a number of requirements that future parents must meet. They must be fully capable, in good health and not previously deprived of parental rights.

A sufficient level of income to provide for the child and a suitable living space are important. They decide whether specific citizens are suitable for the role of future parents, medical workers and guardianship officials. In special cases, if a disabled child has real parents, those wishing to adopt him will need their consent.

The legislative framework

Payments for the adoption of a disabled child are regulated by:

• RF IC, Federal Law 223;
• Federal Law No. 81;
• Other regulations.

Payments upon adoption of a disabled child

How much does it cost to adopt a disabled child?

Maternity capital (not accrued for children who will be adopted after January 1, 2019).
If the child is the second in the family, payment of maternity capital is due on a general basis. To receive it, you must write an application to the Pension Fund of the Russian Federation, and also submit the following documents there:

• Passport;
• Certificate confirming adoption;
• SNILS of the child;
• Marriage certificate;
• Parents' birth certificate.

As a rule, the response from the Pension Fund comes in writing (consent to payment of maternity capital or refusal) within 5 to 30 days.

Payment of maternity capital is regulated by Federal Law No. 256.

The lump sum benefit is not calculated automatically. In order to receive it, parents are required to collect a package of documents:

• court decision on adoption,
• a certificate stating that the child is indeed disabled; if two children are adopted (brothers or sisters, brother and sister), a certificate confirming this will be required.

Documents must be submitted to the relevant authority no less than 6 months from the date of entry into force of the court decision. If you are overdue for six months, you will not be able to receive benefits. If there were good reasons for the delay, it is worth fighting for money, but with the involvement of the court.

What benefits are parents entitled to after adopting a disabled child?

What benefits are there for adopting a disabled child, in addition to cash benefits?

• Tax deduction from wages (Article 218 of the Tax Code of the Russian Federation), the amount of which is 3,000 rubles. In order to receive it, you need to submit the relevant documents to the accounting department at your work.
• The right to retire 5 years earlier (if they adopted a disabled child under the age of 8).
• If the family’s place of residence is a region with special climatic conditions, an increased regional coefficient is applied to payments.
• 4 additional days off (paid) per month for one of the parents (according to Government Decree No. 1048).
• Discounts when paying utility bills and when purchasing fuel (the amount of the discount depends on the specific region).
• Free meals or a discount on them for children at school and preschool educational institutions.
• Discount vouchers to sanatoriums, camps, health resorts.
• Issuance of land plots.
• State assistance with lending, preferential conditions for obtaining a mortgage.
• Free travel on municipal transport.

The state tries to support citizens who decide to adopt a disabled child. This is done in different ways. The main thing is to know your rights and be able to use them.

What payments are due to the mother of a disabled child in Moscow?

By law, one working parent/guardian has the right to 4 paid days off to care for a disabled child.

• One-time cash benefit for the adoption of a disabled child. It amounts to 124,929 rubles, but only when adopting a disabled child over 7 years old.
• Tax deductions. Tax credits are fixed, tax-free payments made available to working parents/guardians to boost the family's net income. The tax deduction amount is 12,000 rubles for parents or 6,000 rubles for guardians. An important difference between deductions is that, firstly, they are provided at the place of work and, secondly, they are provided in proportion to the number of disabled children.
• Other social benefits and guarantees.

Social payments and benefits for a disabled child

What payments and benefits are entitled to a disabled child from the state?

• Statement.
• Passport or document confirming the applicant’s permanent residence in the Russian Federation.
• Child's birth certificate.
• MSEC conclusion.

Amount of payments and benefits A child under the age of 18 who is recognized as disabled is entitled to a social pension. In 2018, the amount of payment for caring for a disabled child is 13,170 rubles. Monthly Cash Benefit (MCB) and Social Service Package (NSS) are also provided.

• Provided for by Moscow City Law No. 60 dated November 23, 2005 “On social support for families with children in the city of Moscow.”
• Families with disabled children and registered for housing after March 1, 2005, in accordance with federal and city legislation, do not have a priority right to improve housing conditions and are provided with residential premises under a social tenancy agreement in order of priority, based on the time of registration .

Attention parents! benefits for families with disabled children under 23 years of age

Parents or guardians of a disabled child can completely or partially refuse the NSS in favor of cash payments. If the NSU is completely abandoned, the EDV for disabled children in 2018 is 2,527 rubles, and if they receive the full NSU package, the EDV will be 1,478 rubles. The state also provides various benefits and payments to parents of disabled children:

Monthly allowance for a disabled child to a non-working parent, guardian or other person.

How much do they pay to care for a disabled child? Non-working parents or guardians will receive 5,500 rubles. There are also compensation payments for caring for a disabled child to persons who are not legally the child’s guardians or parents, but are actually looking after him. Such persons can count on receiving a small benefit of 1,200 rubles.

Benefits and payments for families with a disabled child (Moscow)

You can also apply for payments and benefits through the MFC and the Unified Government Services Portal. To assign payments and benefits at your place of residence, as a rule, the following is required: 1) an application; 2) passport; 3) a copy of the child’s birth certificate; 4) a certificate from a medical and social examination recognizing the child as disabled; 5) documents confirming the fact of registration of the child in the relevant constituent entity of the Russian Federation; 6) bank account details for transferring payments. Reference. Amounts of cash payments to parents of disabled children in the city.
Moscow in 2017. Moscow parents of disabled children are entitled, in particular, to the following payments: Type of cash payment Amount in 2017 Monthly compensation payment to compensate for the increase in the cost of food for children under three years of age for families with disabled children (Art. 12 Law of Moscow dated November 23, 2005 N 60; clause.

Payments to disabled children

Category “benefits and benefits for disabled children”

What benefits are available to parents of disabled children?

After the birth of a child at the place of residence of one of the parents in Moscow, additional benefits, payments, benefits and compensation can be issued to the social protection authorities. How not to miss what is due, submit documents to the relevant departments on time, and know your rights? We are conducting an educational program! In legislative documents you will find the following working definitions: A large family is a family with three or more children, including adopted children, stepchildren and stepchildren. A family is considered to have many children until the youngest child reaches the age of 16, and those studying in an educational institution that implements general education programs reach the age of 18.

A low-income family is a family whose average per capita income is below the value established annually by the Moscow Government in order to implement Moscow City Law No. 67 of November 3, 2004 “On monthly child benefits.”
In RUSZN, the child’s birth certificate; an extract from the examination report at the ITU bureau; the work record book of the parent caring for the care, or a certificate from the Pension Fund of the Russian Federation about the absence of insurance premiums for wages; a certificate from the housing authority about the registration of the child at the place of residence together with the parent; a certificate from the civil registry office on the basis for entering information about the child’s father (for single mothers) or the child’s mother (for single fathers) into the birth certificate; divorce certificate (for divorced parents); death certificate of the child’s father (mother) (for widows, widowers); agreement on the transfer of a child to be raised in a foster family (for foster parents) agreement on foster care (for foster carers) 7. Monthly compensation payment to a disabled child and a disabled person from childhood under the age of 23 who has lost a breadwinner 1200 rubles.

home— Benefits for adoptive parents in Moscow

One-time benefit when transferring a child to a family

1. Federal Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children”
2. The procedure and conditions for the appointment and payment of state benefits to citizens with children, approved by the Ministry of Health and Social Development of the Russian Federation of December 23, 2009 No. 1012n

For those who have adopted an orphan or a child without parental care:

a) a disabled child
b) a child over 7 years old
c) brothers and (or) sisters

for those who have adopted an orphan or a child without parental care

a) not disabled
b) a child under 7 years old
c) a child not adopted together with a brother (sister)

Documents for benefits:

1) application for benefits

2) passport of the adoptive parent(s)

3) birth certificate of a child

4) documents confirming that the adopted children are relatives of each other

5) documents confirming the disability of the adopted person

6) a document confirming the transfer of the child to the family (copy of the court decision on adoption)

7) name and details of the bank and account number for crediting payments

Foreigners and stateless persons represent:

1) ID card

2) residence permit

3) temporary permission. accommodation

4) labor. book or contract

5) a certificate from the Social Insurance Fund of Russia on registration with the local body of the Social Insurance Fund of Russia as an insurer

6) refugee certificate

PAYMENTS ACCORDING TO MOSCOW LAWS

One-time compensation for the costs of adopting a child

1st Art. 7 of the Moscow Law of November 30, 2005 No. 61 “On additional. guarantees for social support for orphans and children left without care. parents, in Moscow"
2. Post of the Government of Moscow dated May 15, 2007. No. 376-PP “On measures to implement the Moscow Law of November 30, 2005. No. 61 “About additional guarantees for social support for orphans and children left without care. parents in Moscow"

The payment amount is a multiple of the minimum subsistence level established on the date of adoption. The value will last. the minimum is determined quarterly.

a) first child – 5 years of age. min
b) second child – 7 years of life. min
c) third child and subsequent children - 10 years of life. min

Post of the Government of Moscow dated May 26, 2009 No. 492-PP “On approval of the Regulations on the procedure for establishing and paying monthly compensation. payments to persons who adopted a child in Moscow after January 1, 2009"

The benefit can be received from the month of adoption upon application within 12 months. from the date of adoption (time of entry into force of the court decision), until the month the adoptee turns 18 years old (incl.).

Documents for benefits:

1) identity card of the adoptive parent

2) passport of the wife or husband of the adoptive parent (if the child is adopted by both spouses)

3) child’s birth certificate

4) a court decision on adoption that has entered into force (a stamp of entry is required)

5) adoption certificate

6) unified housing. document or housing certificate authorities about the place of residence of the child with the adoptive parent

7) a copy of the document with the bank details and the adoptive parent’s account number

8) a document on the date of termination of the child’s state support or on the date of termination of payments for child support to the guardian

9) a certificate from the Moscow social security authority at the place of residence of the adoptive parent’s spouse about his non-receipt of monthly benefits (if the child is adopted by both spouses)

10) a certificate from the guardianship authority of another region of the Russian Federation on the termination of monthly payments in connection with the adoption of a child

The article was written based on materials from the sites: nam-pokursu.ru, lgoty-vsem.ru, izbudgeta.ru, 11-2.ru, mosfo.ru.

How many orphans and disabled children are there in Russia? What forms of adoption are there? What reforms should there be in the prevention of orphanhood? What are the stereotypes of how an orphan is perceived? What to do to adopt a child? Figures and facts.

Walter Langley, The Orphan (1889).

There are about 650 thousand orphans and children left without parental care in Russia. At the same time, as of September 2013, there were about 100 thousand children in Russian orphanages (the majority of orphans - more than 500 thousand - are being raised in families).

In Russia, there is a trend towards a decrease in the number of children left without parental care identified in one year. During 2012, 74 thousand 724 such children were identified (in 2011 - more than 82 thousand).

At the same time, there is a steady trend towards a reduction in the number of children placed in families for upbringing. In 2012, 58.8 thousand children were transferred to family placements (in 2011 - 67.5 thousand, in 2009 - 86.6 thousand). On the one hand, this is due to a reduction in the number of children identified annually as being left without parental care, as well as a reduction in the number of pupils in organizations for orphans and children left without parental care. On the other hand, this may be explained by the fact that there are many disabled children, teenagers or children with a strong attachment to their birth family left in orphanages. It is difficult to place these categories of children in families (for comparison: in Ukraine the number of children transferred to family forms of education is growing every year).

Today in Russia, about 85% of orphans are social orphans, that is, children with living parents (5 years ago this figure was less than 75%). In Russia, a system of working with a child’s birth family and preventing social orphanhood has not yet been built. Recently, the first steps in this direction have been taken in Moscow and large cities (for example, the Moscow Department of Social Protection in 2013 developed and adopted the Concept of a model for the prevention of social orphanhood, which, however, has not yet begun to work). Until now, guardianship and trusteeship authorities operate within the framework of a binary paradigm: leave or take a child from the birth family. A system of social services and family support in difficult life situations has not been developed. There is still a shortage of NGOs that are capable of taking on the functions of helping a specific family.

Among the orphans in orphanages there are 17.5 thousand disabled people. In total there are 576 thousand disabled children in Russia. In most cases, these children are disabled with mental disorders. Although in 2013 the allowance for a disabled child was increased, and the amount of a lump sum payment for those parents who accept disabled children for adoption was increased, state support does not cover even one tenth of the needs of such families.

In Russia, the secondary education system does not meet the needs of disabled children, there is a lack of qualified rehabilitation and medical care, and such children are deprived of further social and educational prospects. Disabled people with mild mental or mental disorders cannot get a job (while in developed countries, for example, people with Down syndrome are required to be hired for simple jobs). Many potential adoptive parents are stopped by the fact that after the death of the adoptive parents (in most cases, the adoptive parents are people of middle and older age), the disabled person is doomed to social death - placement in a psychoneurological boarding school, where he will be isolated from society for the rest of his life and will certainly lose all acquired social skills. A way out of the situation could be the organization of training apartments, private houses for people with disabilities to live together under the supervision of healthy people, etc.

In connection with the so-called Dima Yakovlev law (a ban on the adoption of Russian children in the United States), the topic of orphans and their adoption in Russia received wide publicity and attention.

By 2018, the Russian government has set a goal to halve the number of orphanages. Over the past four years, the number of state orphanages has decreased from 1,770 to 1,344 (data as of May 2013). In Moscow in 2013, state orphanages were focused on placing children in families: each orphanage received the appropriate order, the fulfillment of which determines the salary and further employment of the directors of the institutions. Over the course of several years, it is planned to maintain two types of orphanages in Moscow: small-scale (less than 30 people) and family-type orphanages. In accordance with the presidential decree of December 28, 2012, an item on the proportion of children left without parental care was added to the list of indicators for assessing the effectiveness of the executive authorities of the country’s constituent entities.

In 2012, Russia adopted the “School of Adoptive Parents” program, within the framework of which targeted work began with those families who intend to adopt a child. Currently, there are about 50 such schools in Moscow, and they are also open in other regions.

In 2013, a reform of the system of orphanages began in Moscow, where an infant left without parental care is forced to stay for up to 5 years. During this time, the child loses significant development due to lack of attention, communication and, in fact, through the efforts of the state system, is forcibly protected from all needs except vital ones. In Moscow, 7 orphanages have been closed; starting from 2014, it is planned to transfer the remaining 10 institutions to the jurisdiction of the social protection department (previously they were under the jurisdiction of the health care department) and establish a process for the prompt transfer of children to families there. Unlike Moscow, the problem of orphanages is still relevant for other Russian regions.

In order to avoid a situation where a child remains in a medical institution for a long time without attention and supervision, it is necessary to consider a mechanism for the prompt transfer of newborn children to professional foster families. While the issue of the rights of the birth parents is being resolved, the child must live in a professional foster family, which, if necessary (returning their rights to the birth parents), will be obliged to return the child to the birth family.

Photo from the site http://fishki.net/anti

The procedure for placing a child in a family

In Russia, there are 5 forms of family placement for orphans and children left without parental care:
— adoption;
— guardianship (trusteeship);
- creating a foster family;
- temporary placement of children with families;
- creation of a foster family.

Adoption assumes that all the rights and responsibilities of an adopted child are equal to the rights and responsibilities of natural children. In most cases, this form is used when talking about infants.

Guardianship- a form of placement of minor citizens under 14 years of age (from 14 to 18 years of age - guardianship), in which the corresponding duties are performed, as a rule, free of charge. Most often, guardianship of the ward is established by his relatives.

Adoptive family- guardianship or trusteeship of a child or children, which is carried out under a foster family agreement concluded between the guardianship and trusteeship authority and the foster parents or foster parent, for the period specified in this agreement. The guardianship authorities undertake to check and help the adoptive family. Adoptive parents receive a monthly remuneration and funds to support the child.

Temporary placement of children with families– transfer of children to families for vacations, weekends or non-working holidays and in other cases for a period of no more than 1 month. As a rule, it is used in emergency cases while relatives are collecting documents for guardianship or foster care.

Patron form of the device- is currently almost not used. The difference between foster care and guardianship and adoption is, first of all, that this form allows for the selection of families, professional training and support of the family after the adoption of the child.

Basic requirements for adoptive parents:

- adulthood;
— no cases of restriction of parental rights, removal from duties of a guardian, foster parent, or adoptive parent;
— legal capacity;
— no criminal record;
— absence of medical contraindications;
— permanent place of residence that meets sanitary standards;
- income that provides the child with a standard of living not lower than the subsistence level;
- undergoing preparation for adoption.

Steps to Adoption:

— Obtaining the status of a candidate for adoptive parents
— consultation with guardianship and trusteeship authorities;
— training at school for foster parents;
— collection of necessary documents;
— obtaining a conclusion on the possibility of becoming an adoptive parent;
— registration with the guardianship authorities.

— Selection and introduction to the child
— acquaintance with the general database of children left without parental care;
— receiving referrals for acquaintance and getting to know the child;
- making a decision on adoption.

— Judgment
— obtaining a conclusion from the guardianship authorities on the advisability of adoption;
- the court's decision;
- preparation of documents.

Problems of placing children in a family

Despite a number of positive changes, the country still does not have a system of assessment and qualified control over foster families. Schools of foster parents are limited in their powers and in fact cannot issue negative conclusions about the possibility of placing a child in a family, and guardianship and trusteeship authorities are very often not competent enough to adequately resolve this issue. In addition, a system for training specialists in the school of foster parents has not been developed.

As before, many orphanages, especially homes for disabled children, are semi-closed institutions where access for volunteers and public organizations is difficult (the exception is Moscow, where government institutions are required to admit volunteers). Many state-run orphanages still house more than 100-200 children, undermining the idea of ​​individual care and attention for each child.

In the process of adoption The interests of the potential adoptive parent, rather than the child, are put at the forefront. The official website, where the federal database on children left without parental care is published, literally involves selecting a child by eye color, hair color, etc. The system is built on the principle of a store and is based on an attempt to persuade potential parents to take a child, whereas in world practice it is not the parent who is matched with the child, but rather the opposite – the parent is matched to the child. In order to change this approach, it is necessary to rebuild the system and create a database of adoptive parents. A parent must be selected for a specific child depending on the child’s individual qualities and characteristics.

Not many people in Russia decide to take orphans into their families. This is often associated with stereotypes: a negative attitude towards the fact of adopting a child, the desire of parents for the mandatory success of their (adopted) child. For various reasons, having an adopted child in Russia is considered shameful. Foster parents in most cases wish to adopt blue-eyed, beautiful babies whom they hope to raise as their own children. Many are not prepared for the real situation (most children are teenagers over 10 years old with their own sad childhood history or are disabled).

In Russia, the number of children of labor migrants, mostly of non-Slavic origin, is growing every year. Due to problems with documents, parents of such children do not apply to government agencies, while there is an obvious shortage of non-state institutions to help migrant children.

Statistical information taken from open sources (website usinovite.ru, RIA Novosti, statements by P.A. Astakhov, O.Yu. Golodets, etc.)

1. I, Victoria Vaganovna. I am 34. 04/17/1985. My mother is Avanova Tamara Isakovna. 12/01/1950 gr. Previously, there were threats and staged situations for this purpose. Knocked me crazy. They forcibly held me with an ultimatum that I would not sue my mother. They forced me to take toxic pills, gave me unknown injections, leading to obscess. After repeated complaints, we carried out physical procedures. Not to mention moral harm. They kept it for a month. From August 14 to September 13, 2019, I now live in Lazurny. D.16.in a rented apartment. I am disabled according to 105. c) e) g) h) j) m) 357.325. part 2.316.309 part 4.301. Part 294.292. Part 1.230. Part 1.a)d).179. part 1. part 2.c).physical. According to the testimony of the second group who was unable to work, they had a problem with their legs, and even worse, after the hospital, they began to walk. While she was in the hospital, she came and asked me to sign a power of attorney for her, but after the refusal, the honey. My sister said that my mother said that she didn’t want to see me anymore. I have been waiting for the fifth year for my things and collection of Internet sites to be returned. Previously, they forced a man onto me for marriage, I refused, then they forced a girl onto me to look after me, even though I was entitled to social benefits. employee, thanks to which I can live a free and personal life. Her supporters are harassing and insulting me and divulging personal information and trying to compromise me. I consider an attempt on legal capacity. My things are new and worn, original medical documents. conclusions and copies and a collection of Internet sites are held by her daughter-in-law, wife of her son, middle child. They are trying to appropriate my collection of Internet sites and an unfinished manuscript and a personal audio investigation with my voice and video. I submitted a request to the mental hospital through a lawyer and was told to wait 30 days. I submitted an appeal to the governor. They replied that it had arrived and later that it had been sent to the deputy. governor in the Ministry of Internal Affairs. The persecutors, supporters of the mother, are poisoning the food that I ask my neighbors to bring for a fee. The mother of her daughter-in-law has 19 adult children with their own children and connections, supporters of something else. I thought about adopting, but I don’t think it will work out now, it harmed my interests. The lawyer's agreement was signed on 10/03/19, they said that it would not be soon, but they would send a request. Called 10/08/19. in social protection of the rights of people with disabilities, explained, they said that it was an attempt to formalize guardianship. I called on 10.10.19 to ask about the status of the request. To the lawyer Vitaly Dusha. B. from the company Priority status. He said that Tushev A.A. I sent a request and is waiting for a response, but today I called and they said that they sent it in writing only on 10/14/19. What should I do now in my situation?
Thank you.

Lawyer Kugeiko A.S., 86,702 replies, 38,690 reviews, on the site since 12/05/2011
1.1. Hello,
You have a very difficult situation, especially since you have a lawyer,
What are you expecting to get here?
Such issues cannot be resolved for free. Personal detailed consultations with site lawyers are paid.
I wish you good luck and all the best!

2. Now the child has been under my care since February 2019. On May 29, 2019, she was supposed to be adopted, but the meeting did not take place because the day before it became known that the mother filed a claim for restoration of parental rights. The mother is a chronic alcoholic, diagnosed with addiction syndrome, has been registered since 2013, in September 2018 she was once again treated for 1 (!) year, in September 2019 her filing ends. A visually disabled person of group 1 who does not work receives a pension of 21,500, from which the pension fund withholds child support. There is another child against whom a lawsuit has also been filed, but this child is in a special school, the child is disabled.
Our child, he is now 2 years old, has been with us for 4 months, he calls us dad and mom, but due to his age, he does not know or remember his mother and sister. (The child was taken to an orphanage in June 2018, at the age of 1.4 years)

The question is what evidence can we use in court to show that it is in the interests of the child to live with us, what papers to collect in our favor?

Lawyer Kirkhanova D. E., 44 answers, 13 reviews, on the site from 06/10/2019
2.1. Hello. The lawsuit itself does not mean that her parental rights will be restored. Firstly, the court will be considered with the participation of the guardianship and trusteeship authorities and the prosecutor, who will give their opinions. Guardianship must check living conditions, earnings, etc. And even more so, if she is registered, it is unlikely that her claim will be satisfied)

3. Please help me in determining my Rights and Responsibilities regarding the following situation. If possible, then with a reference to each of my questions to the number of the Article of the Law.
Background:
In 2009, I had a real misfortune - a child was born with Down Syndrome and the pathologies associated with this syndrome. Unfortunately, later a high degree of dementia was also revealed (the child does not speak, is still in diapers, has difficulty walking, does not understand whether I am his mother or just another employee of a government organization).
The child was wanted, born in wedlock, but his father (my ex-husband) immediately decided to abandon him, and me too (we divorced), and almost all the doctors “worked through” me that “with such a child I have it will not be life, but a complete test, for the child is complex, and not just Down.” Another important factor was that I was assured that the child, if he was on government support, would be provided with all quotas (without waiting lists or waiting) for heart operations to save his life (there were subsequently three operations in total).
I wrote a Relinquishment of the child, with permission for his further adoption (they simply did not offer any other form). At the same time, I am not deprived of parental rights. The child was assigned to an orphanage, then as he grew older, he was assigned to other state institutions. institutions. All this time I visited him, stayed with him in hospitals, for almost 10 years I have been tracking his fate and state of health, helping the Orphanage as much as possible with toys, sweets, etc. There are all the photographs of my visits. During this time, no one adopted my child. I never gave up on the fact that I am his mother and responsible to him.
I have always been and remain in contact with the Guardianship Authorities; they issue me a visitation permit every year. By the way, for 10 years the child’s father never showed up, visited or even called to find out how he was living there... And no one from the Guardianship ever disturbed him in any way.
As a result, the other day a lawyer from an orphanage called me and not very clearly indicated, without reference to the article or the Law, that it was important for them to understand the status of my child. Allegedly, their Orphanage is being checked by the Prosecutor's Office and the status of my child is not clear to them. The lawyer offered me 2 options to choose from:
1) Pay monthly alimony under the Agreement;
2) Sue me for deprivation of parental rights and also for payment of alimony.

The guardianship asked me to write a Statement in free form, the essence of which was for me to explain to them what I plan to do with the child in the future. I came to them and wrote that I planned to visit as I had visited, but at home the conditions and financial situation do not allow me to take a disabled child with me, raise and educate him properly, as in a specialized orphanage, where teachers and specialists take care of him. Staff. Plus, I am now 5 months pregnant and I also have a 2-year-old son. I am in a new official marriage. And from maternity leave I plan to go back to maternity leave.

But the lawyer did not need this Statement; it was important for her to conclude an Agreement on alimony with me. Also, the lawyer indicated (I don’t know how true this is) that they found the child’s father and had already paid the first month of child support under the Agreement. I won’t check their words, because I basically don’t communicate with him after the divorce.

Representatives of the Guardianship, the Children's Home and their lawyer now call me very often, not taking into account the fact that I am in trouble. And now I receive 50 rubles from the State. a month before my son's third birthday. I simply have no income now. To this, the lawyer answered me that in the Agreement we will agree on the amount, and if alimony payments are ordered by the Court, then the average income for the region (Moscow) will be calculated. The lawyer also told me the following: the fact that I visited my child all this time and, if possible, helped the Orphanage - this was purely my personal desire and does not affect the collection of alimony.

In connection with the current situation, I have a number of questions:

1) I am not against paying alimony! But should my current spouse be involved in this very personal matter and pay child support for someone other than his child from my first marriage? The last thing I would like to do is involve my new family in this matter, because only me and my ex-husband are responsible. But I’m not working now and I won’t be for the next three years either. Logically, where can I get this money to pay alimony?...

2) Do I have the right to know exactly how much my ex-husband pays alimony to our common child? Can the Orphanage provide me with this information?

3) What does the lawyer’s answer mean that it is important for them to understand the “status of the child”? Hasn’t its status been determined in 10 years? I asked her this question, but she answered casually that he would receive more government payments if I was deprived of my rights or something like that.. What does status have to do with it then?

4) What would be more correct in my case: to enter into an Agreement or to have me sued for alimony payment?

5) Can alimony be filed against me through the Court immediately for three years of living as a child in the state? institution (or even for the entire 10 years?), despite the fact that I visited him? And what will be the grounds for this?

6) Is it possible to assign alimony through the Court, but without depriving parental rights? Why should the Orphanage deprive me of my rights when I visit him, while realizing that I would not provide him with the same care as there.

7) If my parental rights are terminated, how might this affect my children and their benefits from my current marriage? After all, this information is communicated to the MFC and will probably “hang” over me like a stigma in all areas of my life... I really want to protect the secret of my personal life, but in Russia this is probably impossible, despite the relevant Law?

8) This question follows from the previous one: do they inform me at work about the need to transfer part of the amount from my bank account to the account of the orphanage, how do they find out if I’m cheating with my income? What does all this even look like? After all, I have never encountered such a situation...

9) If I quit / change jobs / become unemployed / start working as a freelancer / go abroad for permanent residence - with every change in my life scenario in the professional sphere, I will need to report this to the Guardianship and the state. institution for recalculation of alimony?

10) My “abandoned” child does not have legal capacity, does this mean that I will pay child support when he reaches 18 years of age, i.e. His whole life?

11) How can I make sure that the money I paid goes to the child’s account (as far as I know, 50% is distributed to the account of the Orphanage, and 50% to the child’s current account in the Bank), but no one will report to me the funds deposited for me, or do I have such a right? It is important that these funds are spent on purpose, and not in someone else’s pocket!

12) If my child is transferred to another state. institution, will they sue me again for payment of alimony/or will I have to enter into a new alimony agreement? How does this procedure then work?

13) Will my “abandoned” child have the right to inherit from me, in particular, in terms of housing, if the original Resolution of 2009 states that the child (hereinafter his initials and full name are indicated) upon reaching 18 years of age must provide state housing? It’s just that, as I understand it, the laws are changing and I would like to know what else I owe, in addition to alimony for a child who has been living in the state for almost 10 years. institutions?

All these questions are very important to me, they are literally “painful”.
Sincerely, Alla, Moscow.

Lawyer Sushkov M.V., 75851 answers, 25403 reviews, on the site from 07/17/2014
3.1. Child support is paid by the children's parents. Your current spouse has nothing to do with this.
You have the right to know how much the child’s father pays. In any case, as a general rule, parents bear equal responsibilities for the maintenance of their children. The amount can be either a share of earnings, Article 81 of the RF IC, or a fixed sum of money, Art. 83 of the RF IC. It's easier to pay by agreement.
I see no reason for depriving parental rights.

Lawyer Kalashnikov V.V., 188682 answers, 61693 reviews, on the site from 09/20/2013
3.2. 1. The spouse must also be involved.
2. The orphanage is not obliged to provide such information.
3. The status must be determined. We need to check with this lawyer what she is talking about.
4. The agreement is more profitable if the amount less than the subsistence level is indicated in it.
5. They can file a complaint, but the court will not enforce it.
6. yes, it is possible. Because alimony obligations exist regardless of deprivation of rights (Articles 80-83 of the RF IC)
7. will not affect children in any way.
8. will not be informed if payments are made
9. it will be necessary
10. no does not mean.
11. It can't be tracked.
12. The recipient of alimony will change
13. yes, it will. Because they are depriving you of your rights. But responsibilities towards the child are not deprived.

Lawyer Shishkin V.M., 62653 answers, 25534 reviews, on the site from 02/11/2013
3.3. 1. It won’t affect your spouse if it’s not his child.
2. The orphanage is not obliged to provide such information
3. What the lawyer meant must be clarified with him. In general, he is right - the child’s status should be clear and defined
4. Agreement is better
5.There are few chances for recovery. But no one will take away the right to file for alimony
6.Yes, it's possible. Alimony can be collected without deprivation of parental rights
7.Will not affect children
8. It depends on whether you will make payments. They can inform you if you don’t pay
9.will need
10.No, alimony is paid until the 18th birthday
11.Can't be tracked
12 Will not happen again
13 You will have the right to inheritance, no matter that you may be deprived of parental rights
Article 80-83 of the RF IC.
. Consequences of deprivation of parental rights

1. Parents deprived of parental rights lose all rights based on the fact of relationship with the child in respect of whom they were deprived of parental rights, including the right to receive maintenance from him (Article 87 of this Code), as well as the right to benefits and state benefits established for citizens with children.
2. Deprivation of parental rights does not relieve parents from the obligation to support their child.
3. The issue of further cohabitation of a child and parents (one of them), deprived of parental rights, is decided by the court in the manner established by housing legislation.
4. A child in respect of whom the parents (one of them) are deprived of parental rights retains the right of ownership of residential premises or the right to use residential premises, and also retains property rights based on the fact of kinship with parents and other relatives, including the right to receiving an inheritance.
5. If it is impossible to transfer the child to another parent or in the event of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and trusteeship authority.
6. Adoption of a child in the event of deprivation of parents (one of them) of parental rights is permitted no earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

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. Responsibilities of parents for the maintenance of minor children

1. Parents are obliged to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently.
Parents have the right to enter into an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code.
2. If parents do not provide maintenance to their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in court.
3. In the absence of an agreement between the parents on the payment of alimony, in the event of failure to provide maintenance to minor children and in the absence of a claim in court, the guardianship and trusteeship authority has the right to file a claim for the recovery of alimony for minor children against their parents (one of them).
. The amount of alimony collected from minor children in court

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents .
2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

Lawyer Cherepanov A.M., 31094 answers, 11231 reviews, on the site from 03/28/2013
3.4. Hello. 1. Yes, your ex-husband must participate in this too. According to . Parents are required to support their minor children. The procedure and form for providing maintenance to minor children are determined by the parents independently.
2. They may provide it, or they may not, since they do not have such an obligation. How do you agree?
3. You need to ask the lawyer why he said that. But when you are deprived of your birth. rights payments will indeed be higher.
4. Of course, it is better in material terms to conclude an agreement
5. They can file, but they can only recover for the last three years and if there are grounds for clause 2
6. Yes, of course it is possible.
7. Actually, the benefits will not affect children in any way.
8. If the writ of execution is not handed over to work, then no one will report.
9.Yes, you will need to see.
10. It is possible, see
11. Unfortunately, no way.
12.No, they won’t.
13. Let him have the right, he is the heir of the first stage of Article 1142 of the Civil Code of the Russian Federation.

4. The situation is as follows: Mom, not being married to her father, built a house in 1979, and she took out a loan for the construction and paid it off herself! I got married a second time, only non-residential premises were built together, I made documents for the house before my death in 2014, I made all the documents for my father (my second husband, he adopted my brother and me). After my mother died, my father stopped communicating with us and began to live with another woman. They tried to write me out, but I have three children, two minors, one of them is a disabled child. I recently found out that you can sue your mother’s share through the courts! Is it really? And what can I do in this situation? Thank you in advance! "Based on materials from the legal social network www.site ©"
At the time of construction of the house, the documents for the land were registered in the name of my mother. She died in June 2014, not long before that new documents were made for the land and the house, which were already issued in the name of her father. Explaining this by saying that my mother is disabled and it is difficult for her to travel to authorities. "Based on materials from the legal social network www.site ©"

Law firm LLC "Legal Bureau "Zashchitnik", 4932 answers, 3023 reviews, on the site since 12/02/2016
4.1. Good afternoon. If you lived in this house, then you are considered the person who actually accepted the inheritance and can receive a certificate for your share of the inheritance. Your share will most likely be 1/6 share.

Lawyer Novikov D.A., 13870 answers, 4625 reviews, on the site since 04/26/2013
24.3. Hello Maria.
You should file a claim with the court and reduce the amount of alimony. If you need help resolving your issue, please contact me, I will be happy to help you.

25. My mother-in-law wants to adopt a child, but she is disabled indefinitely, group 2, she has an eldest daughter, she is married, the youngest does not work as a dependent, can she adopt a child?

Lawyer Ligostaeva A.V., 237177 answers, 74620 reviews, on the site since November 26, 2008
25.1. ---Hello, in this case the daughter will adopt the child. What does this have to do with a disabled person? The PLO will not give permission for adoption or guardianship to a disabled person. Good luck to you and everything will work out for you.

26. My husband and I have been married since 2013. We were together for 10 years and had no children. In 2014, I became pregnant, but this pregnancy ended sadly: an ultrasound showed that the fetus had a congenital anomaly. That the child will be disabled. After a consultation, it was decided to terminate the pregnancy at 24-25 weeks. Interrupted. 1.5 months after that, my cousin called me and said that she became pregnant (she had this 1st pregnancy), due to the fact that her boyfriend does not want this child, she told me with tears that she wants to have an abortion, what if when this child is born he will hate him. My husband and I consulted and decided to adopt this child. The child was born in the summer of 2015 - a boy. When the child was 1 month 22 days old, somewhere we took this child to our home. And my cousin (biological mother) went to study (she is a student). After the birth, in the registry office, in the father column, we wrote the husband’s name (I was afraid that as the child grew older, the biological mother might change her mind and might not give the child to us). Then I applied for documents to adopt this child by me. Adopted. In February 2016, a second child was born. The child adoption trial took place in March 2016. It turned out that the adopted child turned out to be the 2nd child according to the dates, although he is the eldest child in the family. We were denied a certificate for family capital, citing the fact that the adopted child was a stepson. In terminology, a stepson is a step-son for one of the spouses, born from the previous marriage of the second spouse. Question: how can we prove that our son is step-native to both of us? And how can you get a certificate for family capital?

Lawyer Budilova N.N., 32368 answers, 13173 reviews, on the site since 03/10/2009
26.1. appeal the refusal to issue a certificate to the court.

27. Please tell me, can a disabled pensioner adopt or take custody of a child?

Lawyer Fesenko S.V., 2444 answers, 868 reviews, on the site from 07/15/2016
27.1. I think adoption is questionable...

Lawyer Strykun G.V., 99,745 answers, 26,669 reviews, on the site since 03/22/2008
27.2. Can not. because he is disabled due to health reasons.

28. Dear site and its wonderful team! I want to ask for help next. Situations: our family is candidates for adoption; we were given a referral to visit the child; we signed the consent; the child ended up in children's. house when he was 1 year old and stayed there for almost a year, as the manager told us. During this time, no one visited him at the orphanage or even called him; Suddenly, out of nowhere, a grandmother appears and applies for guardianship, at this moment we also apply for free. Guardianship with last. Adoption, due to the fact that it is impossible to immediately adopt, the mother was recently deprived of her birth. right Guardianship hands the baby over to the grandmother and gently dismisses us; we are still waiting for a reasoned refusal. Information about the grandmother is confidential - we only know that she has another child under her care, a small income, it seems that she is disabled, but of an acceptable group. The baby is lagging behind in physical and mental development, of course he needs individual lessons and good medicine, we earn normal money and have decent housing. Do we have a chance to win against guardianship in court, what is the best way to file a claim to increase the chance?
Thank you in advance.
Lina.

Lawyer Senkevich V. A., 45190 answers, 16993 reviews, on the site from 10/08/2015
28.1. Hello! alas, there is practically no chance. You can ask the guardian to provide a written refusal and appeal it in court.

29. My husband wants to adopt a child from his third marriage (someone else’s child) in order to reduce alimony from the husband. We have a disabled child together. What will this do for me if I receive alimony a little less than 50%. I can also apply for additional payments. Expenses in connection with this is that a sick child if I receive child support.

Lawyer Matushanskaya I.V., 13783 answers, 6289 reviews, on the site from 11/27/2015
29.1. You can apply to the magistrates' court with a claim to recover the amount for additional expenses for the child, and you will need to prove the circumstances to which you will refer.

30. The ex-husband wants to adopt a child from his third marriage. To reduce child support. He and I have a disabled child together. He pays alimony a little less than 50% of his salary. What can I be awarded? And another question: do I have the right to file for additional materials? Expenses because the child is disabled. If I receive alimony. Will I be able to gain something from this?

Lawyer Vanny M.I., 670 answers, 248 reviews, on the site from 03/02/2016
30.1. specifically regulates legal relations related to the collection of additional expenses for a child. Additional expenses include those expenses that are associated with exceptional circumstances. These, first of all, as the most obvious, include the health and life of children. Serious illness or injury to a child and the need for ongoing expensive treatment. Additional expenses in this case will be the costs of operations, medications, outside care, prosthetics, and sanatorium treatment. If your situation corresponds to the above definition of additional expenses, then you have the right to recover them.
At the same time, your husband will have the right to apply for a reduction in alimony if he has children from other marriages. You can offer him to resolve the issue of alimony in this way - you leave everything as it is, and he does not reduce your basic alimony.

Lawyer Pashkina K. A., 138 answers, 65 reviews, on the site from 10/06/2015
30.2. As for the amount of alimony.
The court can indeed slightly reduce the amount of alimony, taking into account the changed marital status of the husband (Part 2 of Article 86 of the RF IC) - at its discretion. In this case, you can try to collect alimony in a fixed amount of money under Article 83 of the RF IC, which your husband will pay you regardless of his earnings in the next month and its size.
Regarding additional expenses - yes, you have the right to demand their recovery.
In the absence of an agreement and in the presence of exceptional circumstances (serious illness, injury to minor children or disabled adult children in need, the need to pay for outside care and other circumstances), each of the parents may be forced by the court to participate in bearing additional expenses caused by these circumstances.
The procedure for the participation of parents in incurring additional expenses and the amount of these expenses are determined by the court based on the financial and marital status of the parents and children and other noteworthy interests of the parties. in a fixed amount of money payable monthly. The court has the right to oblige the parents to participate in both the additional costs actually incurred and as well as in additional expenses that need to be incurred in the future.

Law firm LLC "ORION", 28548 answers, 11539 reviews, on the site since 01/18/2015
30.3. Unfortunately, he has such an opportunity.
On this basis, you can change the amount of alimony.
119 of the RF IC Changing the amount of alimony established by the court and exemption from paying alimony
1. If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in court, the financial or marital status of one of the parties has changed, the court has the right, at the request of either party, to change the established amount of alimony or to exempt the person obliged to pay alimony from paying it. When changing the amount of alimony or when releasing it from payment, the court also has the right to take into account other noteworthy interests of the parties

Last update 09/07/2019

The state encourages citizens to adopt, guardianship and trusteeship of orphans. All three concepts are similar in meaning, but have different registration procedures and different federal and regional payments.

Responsibilities of foster parents and guardians:

• provide the child financially: clothes, toys, and other necessary things;
• create conditions for receiving education;
• create comfortable living conditions;
• monitor the health of the person under care, develop his moral qualities;
• preserve the property of the ward.

The amount of benefits and benefits varies in the regions, some of them depend on the cost of living in the region.

• Federal Law No. 48 “On guardianship and trusteeship”;
• Articles of the Civil Code of the Russian Federation;
• Decree of the Government of the Russian Federation dated January 26, 2018 No. 74 “On approval of the indexation coefficient for payments, benefits and compensation in 2019”;
• Federal Law No. 256-FZ “On additional measures of state support for families”;
• Tax Code of the Russian Federation (part two) dated 05.08.2000 No. 117-FZ, clause 2, part 1, art. 219 Tax Code of the Russian Federation;
• Federal Law of December 28, 2017 No. 418-FZ “On monthly payments to families.”

What payments and benefits are due to adoptive parents, guardians and trustees?

Parents who have adopted a child or several children from an orphanage can count on the following benefits and benefits:

• with everyone, if the baby is less than three months old;
• if there are two or more children in the family;
• or guardianship;
• preferential enrollment and free meals in kindergartens and schools;

The benefit is not paid if one of the spouses adopts children from a previous marriage, except for parental leave. Maternity leave for up to 3 years and monthly payments can also be issued by the adoptive parent.

Adoptive parents have the right to all benefits and guarantees, the same as at the birth of their own children, except for maternity benefits. When adopting a baby under 3 months of age, maternity benefits are paid:

• when adopting one - from the date of his adoption until the expiration of 70 calendar days from the date of birth of the child;
• in the case of simultaneous adoption of two or more - from the date of their adoption until the expiration of 110 calendar days from the date of birth of the children.

The benefit will be paid by the company that took out the care leave.

If the adopted child is the second in the family or subsequent, then the family is entitled to 453,026 rubles.

From 2018, for the second child up to one and a half years old in size . The right to payment arises if the family income does not exceed 1.5 times the subsistence minimum.

For guardians and trustees, in addition to benefits and allowances, monthly payments for the maintenance of the ward are additionally established. The amount of payments depends on.

Registration of guardianship does not give the right to maternal (family) capital, this is how it differs from adoption; the amount of additional payments will depend on the region of the Russian Federation. All payments for guardianship should go only to the needs of the person under guardianship, they cannot be spent on yourself.

In the Ivanovo region

You should find out about specific benefits and benefits for adoptive parents, guardians and trustees in the regions from the guardianship authorities of the local administration.

Alimony for an adopted child

There are three types of adoption:

1. A married couple can adopt a baby from a shelter or orphanage.
2. If the natural parent was deprived of parental rights, but the mother/father starts a family again, then the new spouse can adopt the child.
3. If one of the parents has died, but the mother/father is starting a family again, then the new spouse can become a stepparent.

In the event of divorce or loss of parental rights, adoptive parents must pay child support for the adopted child until he reaches adulthood. Since after the adoption is formalized, the adoptive parents/parent acquire the same responsibilities as the natural parents/parent and cannot refuse child support.

The amount of child support for an adopted child is the same as for a native child:

• for one - 25% of the total income of the alimony provider;
• for two - 33% of total income;
• for three or more - 50% of total income.

Unemployed capable parents must pay alimony; in this case, the amount of alimony is fixed and the payment procedure is formalized through the court or a voluntary agreement.

How to make payments

A one-time benefit when registering adoption/guardianship/trusteeship is assigned and paid by social security at the place of residence, for this you need to provide the following documents to the department:

• statement;
• a copy of the court decision on adoption;
• when adopting a disabled child, a certificate confirming the disability;
• when adopting brothers and/or sisters, documents confirming family relationships.

Within 10 days from the date of receipt of the application, benefits will begin to be paid. The application and all necessary documents can be sent by mail, then the date of receipt of the application is considered to be the date indicated on the postmark at the place of departure.

The benefit is assigned if it is issued no later than 6 months from the date the court decision on adoption enters into legal force.

To apply for maternity leave to care for an adopted child for up to 3 months and receive all the required payments, you need to contact the antenatal clinic with adoption documents: the doctor will issue a sick leave certificate, on the basis of which the accountant will calculate benefits.

Monthly payments to guardians/trustees are accrued from the subject’s budget. To process the payment, the guardianship authority transmits the necessary documents and information to the social security authorities, the Social Insurance Fund or the Pension Fund of the Russian Federation:

• passport of the guardian and birth certificate of the ward;
• details of the applicant's current account;
• application of the guardian for the assignment of social benefits;
• court decision establishing guardianship/trusteeship;
• a certificate confirming that the ward has completed studies at a university;
• a certificate of disability if the child is disabled;
• Documentary evidence of cohabitation between the guardian and the child.

Payments must be assigned within 10 days from the date of receipt of documents.

Guardianship and trusteeship authorities closely monitor the performance of duties by adoptive parents; if serious violations of the child’s rights are detected, they will apply to the court to cancel the adoption.

If the child was returned to the orphanage, then all payments for him will also need to be returned. If the parents did not spend the money on the child, this process takes place in court.

What benefits are available to adoptive parents, guardians and trustees?

Along with monetary benefits, guardians have the right to labor and tax benefits, and in the case of guardianship of disabled children, also benefits for improving living conditions.

Labor benefits include:

• maternity leave up to 3 years;
• sick leave for child care;
• the right to part-time or part-time work;
• the right not to work at night if there are preschoolers under 5 years of age;
• the right to receive four additional paid days off per month if the ward has a disability;
• the right to receive annual paid leave at any convenient time if the child is disabled;
• the right to a part (at least 14 days) of annual paid leave to accompany the ward upon admission to a secondary or higher educational institution, which is located outside the guardian’s locality of residence. Leave is granted for each child once.

When adopting a child, a working parent has the right to receive

The amount of taxable income is reduced:

• for 1400 rubles for the first and second;
• for 3000 rubles - the third and subsequent ones;
• for 6,000 rubles - when caring for a disabled child;
• for 12,000 rubles - when adopting a disabled child (for each).

To receive the benefit, you need to contact the company’s accounting department with the child’s birth certificate and a certificate of disability (if necessary).

The tax deduction is provided in double amount to the sole guardian.

Adoptive parents at work have additional benefits:

• they should not be required to work at night or to work overtime;
• involve in work on weekends and holidays;
• annual leave must be granted in the summer.

Benefits for guardians of disabled children:

• provision of housing at public expense;
• 50% discount on housing and communal services;
• the opportunity to obtain a plot of land for the construction of a house or subsidiary plot free of charge.

Main

Adoption is the adoption of a child into a family. Persons who adopt a child become his legal parents with all legal rights and responsibilities assigned to them. Adoption is regulated by the Family Code of the Russian Federation, Chapter 19.

Guardianship is the raising of a child from another family under the age of 14. Guardians do not receive parental rights; it is assumed that natural biological parents do not lose their rights.

Guardianship is a form of guardianship, only the age of the ward is from 14 to 18 years.

• in case of adoption, the child will receive the same rights as his own, parents will be able to apply for all types of child benefits and benefits in their region;
• in the case of guardianship or trusteeship, the biological parents retain the right to take their child from the foster family or periodically see him;
• guardians can also count on child benefits, in addition to maternity capital. Adoptive parents will be required to pay alimony in the event of divorce or deprivation of parental rights before the child reaches adulthood;
• The procedure for processing documents and a list of benefits and benefits for those wishing to adopt a child or take him under guardianship can be found in the guardianship authorities at the place of registration.

If the child is returned to the orphanage, the guardianship authorities can return the benefits paid through the court.