Children are the "flowers of life", but for some reason a huge number of them are in orphanages. One can endlessly talk about why adults, having become parents, abandon their heirs. Why are other adults not trying to take at least one baby into the family without having their own children? Fortunately, not all are. There are many women and men who are interested in how to take children under guardianship, because they want to make happy children left without fathers and mothers. Do not hide the fact that the document processing procedure for a child is fraught with many pitfalls. Consider how it can be implemented.
Adoption or guardianship
The first thing couples face is the choice between guardianship and adoption. What is the difference?
Guardianship is a special form of identifying children in a family. The guardian in fact takes the child to his home, takes care of him, educates and provides. However, the guardian does not incur obligations inherent in the parents. Therefore, his actions regarding a minor are limited.
Adoption is also a form of placement in the child’s family, but in this case, the “new” parent takes on all the rights and obligations of biological mothers and fathers. One of the main conditions is that the adopted child must be under the age of 18.
Adopt or take custody of the child - this is only a personal choice of each person. However, both forms of taking a child into the family help to cope with the neglect of children and help them become full members of society.
Principal differences
To better understand the difference in concepts, you should pay attention to the cardinal differences between the two forms of adoption of a child in the family:
differences | adoption | guardianship |
Child age | It is impossible to adopt a child without his consent if he is already 10 years old. | Guardianship can be established not only over a child, but also over an incapacitated adult. |
Child rights | Upon adoption, new parents acquire all the rights and obligations of biological parents, including the right to change the name, but provided that the child is less than 10 years old. | Guardians have many restrictions on the disposition of a child’s property. In addition, each year it will be necessary to report to state bodies regarding the expenditure of material resources allocated to the child. |
State aid | In this case, help is not provided. | A few thousand rubles. |
Duration | Adopters can be deprived of their rights only by court order. | Guardianship ends automatically as soon as the child is 14 years old or the term specified in the contract expires. |
Relations | The right of adoptive parents remain unchanged throughout life. | The guardian has no rights in relation to the child and his property. |
Who can't become a guardian
At the legislative level, there are several clear requirements for individuals who wish to become a guardian:
- Persons wishing to take custody should not be deprived of parental rights earlier.
- Such persons should not have a criminal record.
- If previously they were guardians, but the decision was canceled due to any violations.
- Guardians who failed to receive appropriate training.
- They will not be able to take custody of persons who are registered with a drug treatment clinic or who have a drug or alcohol addiction;
- Persons in same-sex marriage.
How to take children under guardianship? To do this, you must have excellent health. Under no circumstances will guardianship be given if the applicant has such diseases and conditions:
- Tuberculosis.
- Oncology.
- Psychological illnesses.
- Disability of the first group.
Simply put, you can not take custody if there are serious health problems that will not give the opportunity to fully care for the child.
Which kids can I take custody of
The practice of guardianship and adoption in our country and around the world has existed for a long time, so a fairly wide practical base has already been accumulated during this time. There are situations when biological parents, after depriving them of their parental rights, try to return the child, despite the fact that guardianship is issued over him.
What is needed to take a child under guardianship from a shelter? Firstly, that the status of the baby meets the following criteria:
- You can only take a child whose biological parents have already died.
- If the baby is voluntarily abandoned by biological parents.
- In a child, parents are deprived of parental rights.
- If the child’s parents are recognized as legally incompetent.
- If there is a court decision to transfer the baby under guardianship.
- You can take custody of the baby "foundling".
- It is allowed to take children whose parents are recognized as not fulfilling their immediate parental responsibilities, not involved in their upbringing.
What can single people do
Quite often, it is the desire of lonely people to take custody of a child, but can this be done in fact? In Russia, there are a lot of single women who dream of having children, but do not give birth to their own for one reason or another. However, they have the ability to support a child. According to the provisions referred to in article 146 of the Family Code, this is not prohibited. The most important condition is the availability of your own housing and official salary, the size of which will allow you to support not only yourself, but also the child. In this case, the procedure for registration of guardianship is no different from other situations.
The same rule is valid if pensioners want to take custody. They can act as guardians if they are competent and have a reliable material base.
Features of the registration procedure
How to take children under guardianship? Of course, first you need to decide on the child whom you want to take custody of. Then you should collect a fairly decent list of documents. The first and second paragraph may change places, if there are no special preferences and wishes for choosing a child.
After collecting the documents you need to submit an application to the Board of Trustees and wait for a decision. If it is positive, then you can safely take the child under guardianship.
The first step - we collect documents
If you want to take the child under guardianship, the documents must be in perfect order. An application should be submitted to the guardianship authority, as well as the following documents:
- Help from the place of work. A person or family members who wish to become guardians should provide a certificate stating the average wage for the last year and position.
- An extract from the quarterly or house book, which will indicate that the potential guardian has housing. This does not have to be an extract. This may be a title deed.
- A certificate from law enforcement authorities stating that the applicant has no criminal record.
- A certificate from a medical institution about the state of health.
- Copies of documents confirming the fact of marriage registration (for couples).
- If there are minor children in the family who have already reached the age of ten, then consent to guardianship is also necessary from them.
- An autobiography of the guardians, in which only significant facts from life should be described.
- If the applicant for guardianship is a person of retirement age, then a copy of the pension certificate and a certificate from the pension fund on the amount of payment from the state should be attached.
Guardianship preparation
Is it possible to take a child under guardianship? Can. However, for this you will have to not only collect all the required documents, but also take specialized courses.
According to the requirements of the Family Code (Article 127), persons wishing to take custody or adopt a child must undergo mandatory training. However, this rule does not apply to immediate relatives, for example, to grandmother, as well as to persons who have already been or are adoptive parents or guardians.
It should be remembered that when applying for guardianship it is not necessary to immediately submit a course document
Checking the material base
What else is needed to take a child in custody? The base, or rather, the material basis, which will ensure the well-being of the child. As a rule, after submitting the application, the commission leaves for a survey of the living conditions of the guardians, which is carried out within 3 days.
The members of the commission determine the living conditions of the applicants, the extent to which these people will be able to provide the baby with material resources. The ability of potential guardians to raise children, relations in their family is also assessed. The conclusions of such a commission are one of the fundamental factors in deciding on guardianship.
After examining the living conditions and reviewing all submitted documents, the Board of Trustees makes a decision. If it is positive, then you can safely proceed to the next stage.
The second step is the selection of the child
To take the child under guardianship from the orphanage, you will have to wait for the conclusion of the commission, which is the fundamental document for determining a person as a potential guardian or trustee.
As soon as the Board of Trustees approved the candidatures of future guardians, it provides information about the children and a referral to visit the orphanage, which is valid for 10 days. This permission is issued to visit only one child selected according to the information provided. If the baby did not like, you need to take another direction to visit the next child.
Rights and obligations of candidates
When considering how to take children into custody, it must be said what rights candidates have. Such people are assigned the following rights:
- Candidates can get complete information about the child, about his relatives.
- They have the right to contact a medical institution on their own and conduct an examination of the child.
Candidates are assigned responsibilities:
- Potential guardians should get to know the child and try to make contact with him.
- View all documents regarding the child.
- Confirm in writing that they are familiar with the medical report on the baby’s health.
If several different candidates for guardians became interested in the same child at once, then they can all be given a referral to visit and issued documentation about the baby.
The third step is to establish custody of the baby
We continue to understand whether it is possible to take a child under guardianship. At what stage does this happen? As soon as the candidates for guardians and the child have found a common language and are ready to live together, guardianship is established. Such a decision is necessarily made taking into account the views of the child himself. If the baby has already reached 10 years of age, then the board of trustees must obtain consent from him.
Guardians receive an act issued by the Board of Trustees. This document may indicate the duration of the authority. Also, the act may indicate a specific event that will cause the cancellation of guardianship.
If the child is still very small
How to take a child under guardianship from a baby’s house? In principle, the procedure is no different from the one in which older children are taken into custody. You also need to consider what many want to take in a family of healthy babies. There is a queue for candidates for guardians or parents. Therefore, you may need to wait a bit.
Guardianship Price
You need to know the laws on material security in order to take children under guardianship. How much do they pay for it? The legislation establishes a clear list of situations when government payments are made:
- If the guardian has not yet received pensioner status.
- If the guardian for any reason has lost official income.
- A disabled child is taken under guardianship.
This year, the allowance for children under 12 years old is paid in the amount of 15 thousand rubles. After the onset of 12 years, the allowance increases to 20 thousand rubles. In addition, the guardians are paid a lump sum in the amount of 14.5 thousand rubles. At the regional level, other payments may be made for guardians.
If the child’s parents are alive, they must pay child support. If the child is disabled, then he is entitled to an additional allowance.
Now it’s clear that not everyone can take a child under guardianship. This is a difficult and responsible business. The custody procedure may take more than 6 months. But the child will get a family and will be happy.
We answered the question of how to take children under guardianship.