In the Russian Federation, citizens who have expressed a desire and have the opportunity to take care of young children left without parental attention can arrange guardianship over them. However, these steps have different nuances.

At the legislative level, the issue of establishing parental obligations in relation to a minor child is regulated by Art. 2 of the Federal Law no.

And there is also a list of legislative acts, based on which it is possible to implement this intention:

1. FZ No. and;
2. the Constitution of the Russian Federation;
3. Federal Law No. “On Basic Guarantees for Underage Citizens in the Russian Federation”;
4. Art. RF IC dated 12/29/1995;
5. Civil Procedure Code of Russia.

Features of adoption and guardianship

There are significant differences between these two concepts. They need to be distinguished, since the legal relationship between an adult and a child depends on this.

Requirements for candidates

According to Government Decree No. 473, applicants for guardianship may be such citizens of the Russian Federation:

• absolutely capable people;
• not abusing bad habits (alcoholism, drug addiction);
• adults;
• having a living space;
• acceptable age limits;
• trained in the field of child screening;
• with no criminal record in connection with causing harm to the health of another person.

The most important argument is the presence of one's own desire.

Age Requirements

Regulations regulate the allowable age of applicants. The lower limit is adulthood. For the female half of the population, the maximum value should not exceed 55 years. For men, the range is extended to 60 years.

However, if health allows you to fully fulfill your duties and is older than these limits, then on an individual basis the issue can be considered in favor of the applicant.

Financial situation

Before you take custody of a child, you must provide a certificate of your income. Therefore, a prerequisite is the presence of a permanent official place of work.

Who will be denied

It is forbidden to provide the opportunity to obtain custody of a child to such citizens of the Russian Federation:

• deprived of parental rights;
• people in same-sex marriages;
• in the past having violations with the law in the matter of raising children;
• convicted;
• not trained in childcare;
• having bad habits.

It also prohibits persons suffering from such ailments:

• infectious (treated in a hospital);
• people with disabilities of group I;
• tuberculosis 1 and 2 gr.;
• oncological diseases;
• mental disorders.

Note! One point is enough to get rejected.

Rights Terms

Custody of a minor child may be granted when the parents:

• legally deprived of their powers;
• do not take care of their offspring in whole or in part;
• died or gave voluntary refusal;
• when teaching a teenager in another country;
• long absence (work abroad);
• under the age of 16 and there is no marriage registered between them;
• declared incompetent.

This event is a temporary event. With a positive and trusting relationship between the parties, further adoption is possible.

Powers

A citizen who officially takes someone else's child to live with him must remember his new duties:

• providing appropriate care for the baby depending on gender;
• moral education and training;
• when changing the place of residence, a message to the guardianship authorities;
• reporting on expenses incurred;
• provision of housing (shared with caregivers), food and clothing;
• treatment;
• physical education;
• assistance in communicating with relatives, if necessary.

If the ward has real estate, you can dispose of it with the permission of the guardianship authorities.

Such people have the following rights:

• represent interests in various institutions and organizations;
• choose a place of study;
• in case of impossibility of further care to refuse the powers;
• transactions on behalf of the child.

It also has the right to receive privileges and indulgences from the state.

The trustee is responsible before the law of Russia for the child taken to him. he is obliged to create good conditions for his life, to protect his interests.

With an existing father and mother

There are such cases when they arrange custody of a child with living parents if they:

• have absolutely no opportunity to fulfill their duties;
• deprived of parental authority - state authorities independently appoint a person who will take care of him.

In the first case, the contract is concluded temporarily. There must be written permission from the biological parents and the coordination of all life moments with the guardian. He is only obliged to monitor the physical health of the offspring and engage in his education. Financial responsibility remains with the real ancestors.

From the orphanage

Those wishing to adopt a child must apply in writing to the guardianship authorities. They, having considered the appeal and checked the papers and living conditions, after 15 days report the result.

Advice! A child can be selected in the orphanage personally or in a computer database.

It is very important to achieve emotional balance in communication with the baby. The relevant authorities monitor the life of the baby for three years. And until he reaches the age of fifteen, the guardians cannot withdraw from their obligations.

An intermediate step is babysitting. This is a less complicated procedure. It allows a single citizen to use it, in this case it is not necessary to have a spouse.

Disabled

There are no big features when processing documents for guardianship of a child with disabilities. It should be noted that if there are relatives, their consent must be obtained. And also the duties will include regular medical examinations, treatment in sanatorium-resort areas and monitoring the health of the child.

Temporary

According to Art. 12 of the Federal Law of the Russian Federation on guardianship and guardianship, it is possible for a short time to assign parental responsibilities to other citizens if the former cannot fulfill them. Automatically, all rights to the child are also transferred to the guardians.

Procedure sequence

The collection of documents for custody of a child differs depending on the reason for which he did not have parental attention.

Required documents

The legislative framework of the country provides a list of necessary documents for registration of guardianship of a child:

All items must be completed without exception.

Sample written appeal

An important condition for resolving the issue is the submission of an application for custody of the child. It should display the following information:

• claimant's personal information;
• the name of the organization where the paper is transferred;
• request;
• material possibilities are indicated;
• list of attached documents.

The registration ends with the date and personal signature of the citizen.

Action algorithm

To adopt a child into your family, you need to go through the following successive stages:

1. Apply to the guardianship authorities;
2. Prepare relevant papers;
3. To provide the inspection bodies with their premises, where the pupil will live for his assessment and drawing up an act. Get a positive response within ten days;
4. Get information about potential applicants for guardianship.

Advice! A citizen has the right to defend a negative answer in court.

Where to go

Such an important issue is dealt with by the guardianship and guardianship authorities located at the place of residence of the guardian.

Carrying out a check

The relevant service has the right to control the living conditions, appearance and attitude of adults in the family at any time. There are also scheduled visits, which can be warned about.

Immediately after the transfer of the baby, checks are carried out no more than once a month, but not less than 1 time per quarter.

Attention! After moving to a new place of residence, the visit is carried out within three days.

Appointment period

Decision procedure

After submitting the necessary documents within 3 days, a check of housing conditions is carried out.

And the next step is to analyze all the papers provided. Ten days are allotted for this by law, after which, with a positive result, an act is drawn up to grant the citizen the rights to a child.

Wish baby

Children who are ten years old must confirm their consent to cohabitation with these people.

Characteristics

The guardian makes a guide where he works. Neighbors or close relatives may also be involved.

For a child, a document is issued in a boarding school or in the guardianship authorities.

Purpose of payments

Legislation regulates the financial side of the issue, namely how much they pay for guardianship of a minor child.

Payments are differentiated as follows:

• 128,053 rubles - for children with disabilities over seven years old, if there are siblings (Article 12.2 of the Federal Law No. RF);
• 16400 r. - a one-time benefit when transferring a child.

Every month the state allocates:

• 16500 r. - the child's age is up to 12 years;
• 22 thousand - over twelve years old;
• 28 000 rub. - children with disabilities.

Spending reports must be submitted to the guardianship authorities on a regular basis.

Possible reasons for refusal

There are several conditions under which they may not be granted custody of a child. These include:

• the presence of serious diseases;
• poor living conditions;
• errors in the submitted documents;
• lack of an official place of work;
• child's disagreement.

This is not the whole list of conditions for rejecting a request, as they may be different in each specific case.

Who controls and how

The guardianship service supervises the implementation of child care. During checks, all the little things are carefully studied, including food, clothing, pastime of the child and financial expenses.

If violations are found, the contract is immediately terminated.

Taking on the upbringing of someone else's child, taking care of him and being responsible is a serious step. Therefore, such actions should be carried out only after a long deliberation. After all, then to refuse and return everything will not be possible.

Russian legislation provides for the following types of protection of the rights of children left without parental care. it guardianship and guardianship over the children.

What is the difference between these two concepts?

Guardianship of a child is established over minor children from the moment of their birth until they reach the age of 14 years. The guardian becomes the legal representative of the child and performs all significant legal actions aimed at protecting the rights and legitimate interests of the child under guardianship.

In turn, guardianship is established over children aged 14 to 18 years. The guardian appointed by the guardianship body must provide assistance to his wards in the exercise of their rights and obligations, corresponding to their age. The trustee protects minors from illegal actions of other persons.

Who can become a guardian or guardian of children

Only adults and fully capable citizens can become guardians or trustees of children.

There is a fairly wide list of persons who, for one reason or another, cannot qualify for guardianship or guardianship.

Persons who cannot be guardians or trustees:

• Previously deprived of parental rights.
• Limited by the court in parental rights.
• Having chronic diseases: alcoholism or drug addiction.
• Persons who have previously been removed from their duties as guardians or trustees.
• Persons in respect of whom guardianship or guardianship was canceled for guilty actions.
• Previously convicted persons, persons with an outstanding conviction, involved or brought to criminal prosecution for certain categories of crimes: crimes against life and health, freedom, honor or dignity of the individual, sexual integrity and sexual freedom of the individual, against the family and minors, public health and public morality , public safety, peace and security of mankind.
• Those who have an unexpunged or outstanding conviction for crimes of the following categories: grave and especially grave.
• The presence of diseases in a person that are an obstacle to the transfer of a child under guardianship or guardianship.
• Lack of special training for individuals to perform the duties of guardians or trustees. Such training is not required for close relatives of the child, persons who previously performed the duties of guardians or trustees and have not been deprived of such duties.
• Persons of the same sex who are married or living together.

What rights do guardians and trustees have?

Persons appointed as guardians or custodians of children are required to live with them. Separate residence is allowed only with the permission of the guardianship and guardianship authorities. If the guardian or trustee wishes to change their place of residence, the guardianship authorities must be notified of this.

The responsibility for the upbringing of adopted children lies entirely with the trustees and guardians. Guardians and trustees must fully support children. If necessary, provide them with proper care and treatment.

It is also the responsibility of the guardians and caregivers for the child to receive a basic general education. Creating the necessary conditions for maintaining communication between the child and his relatives is part of the responsibilities along with caring for the health of children and their physical development.

Conclusion: Guardians and trustees must uphold and protect any legal rights of their wards.

Persons who take care of children in the performance of their duties must be guided by the interests of the child himself. If the child's preferences are difficult to establish in the process of communicating with him, then it is possible to take into account the opinion of his relatives or other persons who previously took care of the child.

How to get custody or guardianship of a child

The procedure for appointing a guardian or custodian of a child includes the following steps.

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Special training

If you have not previously performed the duties of a guardian or custodian, then the first thing to do is to be trained as a candidate applying to take in your family to raise a child who is left without parental care. Such training is carried out in the guardianship and guardianship authorities. There are also special organizations that provide such training. All activities are free of charge. You need to apply to these institutions with a written statement of your desire to be trained. Upon completion of the training, you will be issued an appropriate training certificate. You can find out about the location of such organizations and the procedure for completing training by contacting the guardianship authorities at your place of residence.

Documents required for guardianship or guardianship

There are two options for collecting documents. Depending on the option, a different number of necessary documents is prepared.

The first option - You already have a conclusion of the guardianship and guardianship authorities on the possibility of being an adoptive parent. In this case, there are no circumstances that prevent being a guardian or trustee.

In this case, the following documents are required:

• Your passport.
• The above conclusion on the possibility of being an adoptive parent.
• Your application to appoint you as a guardian or custodian.
• Written consent of all adult members of your family, taking into account the views of children who have reached the age of 10 living with you.

The second option is that you do not have the conclusion of the guardianship and guardianship authorities on the possibility of being an adoptive parent.

Then the following set of documents is required:

• Your passport.
• An application to appoint you as a guardian.
• Certificate from the place of work, indicating the position and the amount of the average salary for the last 12 months and (or) another document confirming your income, or a certificate from the place of work of the spouse (wife) of the person who has expressed a desire to become a guardian, indicating the position and the amount of the average wages for the last 12 months and (or) another document confirming the income of the spouse.
• An extract from the house (apartment) book from the place of residence or another document confirming the right to use the dwelling or the right to own the dwelling, and a copy of the financial personal account from the place of residence.
• A certificate from the internal affairs bodies confirming that the citizen who expressed a desire to become a guardian does not have a criminal record or the fact of criminal prosecution for crimes provided for in paragraph 1 of Article 146 of the Family Code of the Russian Federation;
• A medical report on the state of health based on the results of an examination of a citizen who has expressed a desire to become a guardian, issued in the manner established by the Ministry of Health of the Russian Federation;
• A copy of the marriage certificate (if the citizen who expressed the desire to become a guardian is married);
• Written consent of adult family members, taking into account the opinion of children who have reached the age of 10, living together with a citizen who has expressed a desire to become a guardian, to accept a child (children) in a family;
• A copy of a certificate or other document confirming the training of a person who wishes to adopt a child left without parental care into his family in the manner prescribed by paragraph 4 of Article 127 of the Family Code of the Russian Federation (except for close relatives of children, as well as persons who are or were guardians (custodians) of children and who have not been removed from the performance of their duties, and persons who are or were adoptive parents and in respect of whom the adoption was not canceled). The form of the certificate is approved by the Ministry of Education and Science of the Russian Federation.
• Autobiography.
• A copy of the pension certificate, a certificate from the territorial body of the Pension Fund of the Russian Federation or another body providing pensions (for persons whose main source of income is compulsory pension insurance or other pension payments).

Submission of documents to the body of guardianship and guardianship

Many citizens do not know where to get custody of a child. When you want to get an opinion on the possibility of being a guardian or guardian, you must submit the collected documents to the guardianship and guardianship authority at the place of residence.

Documents can be submitted in the following ways:

• Personal appeal.
• Unified portal of state and municipal services.
• Through a multifunctional center for the provision of state and municipal services.

Survey of the living conditions of citizens applying for guardianship or guardianship

When all the necessary documents for guardianship are collected and submitted, then in a few days representatives of the guardianship authorities will come to you, at your place of residence to check your living conditions, find out the motives why you want to be a guardian or guardian of children, assess your ability to raise children, other personal qualities will also be appreciated.

Based on the results of the visit, an act of examining the living conditions of a citizen who wants to be a guardian will be drawn up within a few days. It will set out the reasons for whether you can be the guardian or guardian of the child.

The examination certificate is drawn up in 2 copies, one of which is sent (handed over) to a citizen who has expressed a desire to become a guardian, within 3 days from the date of approval of the act, the second is stored in the guardianship and guardianship authority.

Issuance of a conclusion on the possibility of being a guardian or custodian

When all the necessary documents are completed, the guardianship and guardianship authority, taking into account the survey of living conditions, approves the conclusion on your ability to be a guardian or trustee. This conclusion is issued to you in your hands and is valid for 2 years from the date of issue. A citizen applying for guardianship or guardianship is registered as a person applying to become a guardian or guardian of a child.

Child selection

When you have an appropriate conclusion in your hands on the possibility of being a guardian or guardian of a child, from that moment you can begin to select a child.

Usually a child is selected at the place of residence of the future guardian or trustee from children's institutions for orphans. When a child cannot be picked up at the place of residence, then there is an opportunity to contact the regional operator of the data bank on children left without parental care, any subject of the Russian Federation or the federal data bank of the Ministry of Education and Science of the Russian Federation.

The guardianship and guardianship authority at your place of residence will provide all the information on the procedure for selecting a child in a family.

Arranging custody or guardianship of a child

After the selection of the child, it is necessary to issue guardianship or guardianship for him. To do this, you must submit an appropriate application to the guardianship and guardianship authority at the location of the child. Based on the results of consideration of the application, an appropriate act will be issued on the appointment of you as the guardian or custodian of the child.

Many elderly people need constant care because they cannot properly take care of themselves on their own. Guardianship of an elderly person, including a relative, is formalized as patronage guardianship or full guardianship. Let's try to figure out how to an elderly parent, where to start and what is required for this.

What is parental custody

Guardianship and patronage have cardinal distinctions. Custody of elderly parents involves caring for and making decisions regarding the ward. It is assigned to minors or persons recognized by the court as incompetent. In this case, the guardian assumes the obligation to make decisions in all matters in the interests of the ward, since an incapacitated person, due to his age or mental state, does not have the right to do so.

Patronage guardianship, without the participation of the court. The future ward must file that he needs regular care. In this case, the person, by virtue of retaining his legal capacity, makes decisions independently, and the assistant is only required to care for the ward and act solely on his behalf.

• Application from a potential guardian for the appointment of guardianship;
• The decision of the court, where the fact of the incapacity of the mother or father is established;
• Characteristics from the place of work of the applicant;
• Characteristics from the place of residence of the applicant;
• Statement of income for the last year from the place of work;
• If the applicant is unemployed, a certificate of other payments and income that he received over the past year;
• Provide documents that confirm the presence of your own home;
• Certificate of no criminal record;
• A certificate stating that the applicant does not have serious illnesses, he is not registered with a narcologist, psychiatrist and tuberculosis dispensary;
• Marriage certificate, if any;
• All members of the applicant's family must give their consent to the establishment of guardianship;
• The applicant must provide his .

Necessary documents for registration of guardianship of an elderly parent in the guardianship and guardianship authorities:

• Passport of the guardian, mother or father and a photocopy.
• Original and copy of the work book of the guardian.
• Statements of the guardian and his parent.

Terms of consideration and result

During the week, employees of the guardianship and guardianship authorities will be required to come to the places of residence of all potential candidates for guardians, talk personally with everyone, assessing their personal qualities and relationship with the ward.

The decision to appoint a guardian, for example, over a disabled person of group 2, is made within 15 days from the date of application to the guardianship and guardianship authority. Next, the applicant and his parent will receive a copy of their application. Within three calendar days, they are required to draw up a detailed inventory of all valuable property in their homes in two copies. One copy of the inventory remains with the applicant and the ward, and the second is sent to the guardianship service.

Renunciation of guardianship

It is considered by the guardianship and guardianship service when applying for the refusal of guardianship from the guardian or ward. Guardianship also terminates in the event of the death of the guardian or ward.

Payments and benefits

They are appointed if the elderly parent is recognized as incapacitated or has a disability, which must be documented.

If the guardian does not have a job, then he can receive monthly payments for caring for an elderly parent in the form of 5,500 Russian rubles.

Legislative regulation

• Constitution of the Russian Federation
• Civil Code of the Russian Federation
• Family Code of the Russian Federation
• Tax Code of the Russian Federation
• Civil Procedure Code of the Russian Federation
• Federal Law "On guardianship and guardianship" of April 24, 2008 N 48
• Federal Law "On Social Services for Elderly Citizens and the Disabled" dated August 22, 2008
• Decree of the Government of the Russian Federation of 04.06.2007 N343

In the end, it should be noted that it will be possible to issue only if you can prove your legal capacity and the ability to act as a guardian. At the same time, employees of guardianship and guardianship authorities will not allow violation of the rights of the ward.

Decree of the Government of the Russian Federation of May 18, 2009 N 423 (as amended on November 15, 2019) "On Certain Issues of Guardianship and Trusteeship in Respect of Underage Citizens" (together with the "Rules for the selection, accounting and training of citizens who have expressed a desire ...

Approved

Government Decree

Russian Federation

REGULATIONS

SELECTION, ACCOUNT AND TRAINING OF CITIZENS,

THAT HAVE DESIRED TO BECOME GUARDIANS OR TRUSTEES

MINOR CITIZENS OR TAKE CHILDREN LEFT

WITHOUT PARENTAL CARE, TO A FAMILY FOR EDUCATION IN OTHER

ESTABLISHED BY FAMILY LEGISLATION

RUSSIAN FEDERATION FORMS

1. These Rules establish the procedure for the selection, registration and training of citizens who have expressed a desire to become guardians or trustees of minor citizens or to accept children left without parental care into a family for upbringing in other forms established by the family legislation of the Russian Federation (hereinafter referred to as citizens who have expressed a desire to become guardians), and a list of documents submitted by them for the purpose of appointing them as guardians or trustees (hereinafter referred to as guardians) of minor citizens, as well as the terms for consideration of such documents by guardianship and guardianship authorities.

2. The selection, registration and training of citizens who have expressed a desire to become guardians are carried out by the bodies of guardianship and guardianship.

Selection and training of citizens who have expressed a desire to become guardians can also be carried out by educational organizations, medical organizations, organizations providing social services, or other organizations, including organizations for orphans and children left without parental care, exercising the indicated powers of guardianship authorities and guardianship.

3. The body of guardianship and guardianship through the official website of the body of guardianship and guardianship in the information and telecommunication network "Internet" and the media informs citizens about the possibility of becoming guardians, the procedure for establishing guardianship (guardianship) and children left without parental care who need to establish over guardianship and guardianship (derivative information), and also receives citizens who have expressed a desire to become guardians.

4. A citizen who has expressed a desire to become a guardian shall submit to the body of guardianship and guardianship at the place of his residence an application with a request to appoint him as a guardian (hereinafter referred to as the application), which indicates:

surname, name, patronymic (if any) of a citizen who expressed a desire to become a guardian;

information about identity documents of a citizen who has expressed a desire to become a guardian;

information about citizens registered at the place of residence of a citizen who expressed a desire to become a guardian;

information about the pension received, its type and amount (for persons whose main source of income is insurance coverage for compulsory pension insurance or other pension payments).

A citizen who has expressed a desire to become a guardian confirms with his signature with the date of filing the application the information indicated in it, as well as awareness of the responsibility for providing false or distorted information in accordance with the legislation of the Russian Federation.

The following documents are attached to the application:

a brief autobiography of a citizen who expressed a desire to become a guardian;

a certificate from the place of work of the person who has expressed a desire to become a guardian, indicating the position and the amount of the average salary for the last 12 months and (or) another document confirming the income of the said person, or a certificate from the place of work of the spouse (wife) of the person who has expressed a desire to become a guardian , indicating the position and the amount of the average salary for the last 12 months and (or) another document confirming the income of the spouse (wife) of the specified person;

conclusion on the results of a medical examination of citizens intending to adopt (adopt), take under guardianship (guardianship), orphans and children left without parental care, drawn up in the manner established by the Ministry of Health of the Russian Federation;

a copy of the marriage certificate (if the citizen who expressed the desire to become a guardian is married);

written consent of adult family members, taking into account the opinion of children who have reached the age of 10, living together with a citizen who has expressed a desire to become a guardian, to accept a child (children) in a family;

a copy of the certificate of training for persons wishing to adopt a child left without parental care in their family on the territory of the Russian Federation in the manner prescribed by paragraph 6 of Article 127 of the Family Code of the Russian Federation (with the exception of close relatives of the child, as well as persons who are or were adoptive parents and in respect of whom the adoption was not canceled, and persons who are or were guardians (custodians) of children and who were not removed from the performance of their duties). The form of this certificate is approved by the Ministry of Education of the Russian Federation.

(see text in previous edition)

The documents specified in paragraph ten of this clause are valid for a year from the date of issue, the documents specified in paragraph eleven of this clause are valid for 6 months from the date of issue.

(see text in previous edition)

ConsultantPlus: note.

Decree of the Government of the Russian Federation of 25.04.2012 N 391 amended these Rules (in terms of supplementing paragraph 4(1)), which shall enter into force on September 1, 2012, which was declared invalid by Decree of the Government of the Russian Federation of 12.05.2012 N 474, which enters into force in force after 7 days after the day of official publication (published in "Rossiyskaya Gazeta" - 18.05.2012).

4(1). A citizen who has expressed a desire to become a guardian and has a conclusion on the possibility of being an adoptive parent, issued in accordance with the procedure established by the Rules for the transfer of children for adoption (adoption) and monitoring the conditions of their life and upbringing in families of adoptive parents on the territory of the Russian Federation, approved by a decree of the Government of the Russian Federation dated March 29, 2000 N 275, if he does not have the circumstances specified in paragraph 1 of Article 127 of the Family Code of the Russian Federation, to resolve the issue of appointing him as a guardian, submits to the guardianship and guardianship authority the indicated conclusion, application and document provided for in paragraph thirteen of paragraph 4 of these Rules.

(see text in previous edition)

5. The application and the documents attached to it can be submitted by a citizen to the guardianship and guardianship body in person or using the federal state information system "Unified portal of state and municipal services (functions)", the regional portal of state and municipal services (functions) or the official website of the body guardianship and guardianship in the information and telecommunications network "Internet" or through officials of multifunctional centers for the provision of state and municipal services, with which the guardianship and guardianship authority has concluded agreements on interaction.

In the case of a personal appeal to the body of guardianship and guardianship, when submitting an application, a citizen must present a passport or other document proving his identity.

The guardianship and guardianship authority, within 2 working days from the date of filing the application, requests confirmation from the relevant authorized bodies of the information specified in the application in accordance with paragraphs four to six of clause 4 of these Rules.

An interdepartmental request is sent in the form of an electronic document using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it.

If the citizen did not submit copies of the documents specified in paragraphs twelve and fourteen of clause 4 of these Rules, the guardianship and guardianship body makes copies of these documents independently (if the originals of these documents submitted by the citizen are available).

(see text in previous edition)

(see text in previous edition)

6(1). Responses to requests from the guardianship and guardianship authority to confirm the information provided for in paragraphs four and six of clause 4 of these Rules are sent by the authorized body to the guardianship and guardianship authority within 5 working days from the date of receipt of the relevant request.

The form and procedure for submitting a response to the request of the guardianship and guardianship authority to confirm the information provided for in paragraph five of clause 4 of these Rules, as well as the form of the corresponding request of the guardianship and guardianship authority, are established by the Ministry of Internal Affairs of the Russian Federation. A response to confirm the specified information is sent to the guardianship and guardianship authority within 5 working days from the date of receipt of the relevant request.

If the information indicated by citizens in the application in accordance with paragraphs four and five of clause 4 of these Rules was confirmed more than a year ago, the guardianship and guardianship authority at the place of residence (location) of the child (children) re-requests confirmation of such information from the relevant authorized bodies .

(see text in previous edition)

7. A child in need of guardianship or guardianship may have one or, in exceptional cases, several guardians. If several guardians are appointed to him, these citizens, in particular spouses, submit an application jointly.

8. In order to appoint a guardian of a child of a citizen who has expressed a desire to become a guardian, or to register him as a citizen who has expressed a desire to become a guardian, the guardianship and guardianship authority within 3 working days from the date of confirmation by the relevant authorized bodies of the information provided for in paragraph 4 of these Rules , conducts an examination of his living conditions, during which it is determined that there are no circumstances established by the Civil Code of the Russian Federation and the Family Code of the Russian Federation that prevent his appointment as a guardian.

(see text in previous edition)

When examining the living conditions of a citizen who has expressed a desire to become a guardian, the guardianship and guardianship authority assesses the living conditions, personal qualities and motives of the applicant, his ability to raise a child, and the relationship that has developed between members of the applicant's family. In the case of submission of documents provided for in paragraph 4 of these Rules, using the federal state information system "Single portal of state and municipal services (functions)", the regional portal of state and municipal services (functions), the official website of the guardianship and guardianship authority in the information and telecommunication network "Internet" or through officials of multifunctional centers for the provision of state and municipal services with which the guardianship and guardianship authority has concluded cooperation agreements, the citizen shall submit the originals of these documents to the guardianship and guardianship officer.

(see text in previous edition)

The absence in the body of guardianship and guardianship of the originals of the documents provided for in paragraph 4 of these Rules at the time of the decision on the appointment of a guardian (on the possibility of a citizen to be a guardian) is the basis for refusing to appoint a guardian (in issuing a conclusion on the possibility of a citizen to be a guardian).

The results of the examination and the conclusion based on them about the possibility of a citizen to be a guardian are indicated in the act of examining the living conditions of a citizen who expressed a desire to become a guardian (hereinafter referred to as the act of examination).

The examination certificate is drawn up within 3 days from the date of the survey of the living conditions of a citizen who has expressed a desire to become a guardian, signed by the authorized specialist of the guardianship and guardianship body who conducted the check, and approved by the head of the guardianship and guardianship body.

The examination certificate is drawn up in 2 copies, one of which is sent (handed over) to a citizen who has expressed a desire to become a guardian, within 3 days from the date of approval of the act, the second is stored in the guardianship and guardianship authority.

(see text in previous edition)

The examination act may be challenged by a citizen who has expressed a desire to become a guardian in a judicial proceeding.

9. The body of guardianship and guardianship within 10 working days from the date of confirmation by the relevant authorized bodies of the information provided for in paragraph 4 of these Rules, on the basis of the specified information, documents attached by citizens to the application, and the examination report, makes a decision on the appointment of a guardian (decision on the possibility of a citizen be a guardian, which is the basis for registering him as a citizen who has expressed a desire to become a guardian) or a decision to refuse to appoint a guardian (on the impossibility of a citizen to be a guardian) indicating the reasons for the refusal.

(see text in previous edition)

On the basis of an application for the implementation of guardianship on a reimbursable basis, the guardianship and guardianship body decides on the appointment of a guardian who performs his duties for a fee, and concludes an agreement on the implementation of guardianship in the manner prescribed by the Rules for concluding an agreement on the implementation of guardianship or guardianship in respect of a minor ward, approved by the Government Decree Russian Federation dated May 18, 2009 N 423.

The decision of the body of guardianship and guardianship on the appointment of a guardian or on the refusal to appoint a guardian is drawn up in the form of an act provided for by the legislation of the corresponding subject of the Russian Federation, and on the possibility or impossibility of a citizen to be a guardian - in the form of a conclusion.

The act on the appointment of a guardian or on the refusal to appoint a guardian or a conclusion on the possibility or impossibility of a citizen to be a guardian is sent (delivered) by the guardianship and guardianship authority to the applicant within 3 days from the date of its signing.

Together with the act on the appointment of a guardian (on the refusal to appoint a guardian) or a conclusion on the possibility (impossibility) of a citizen to be a guardian, all submitted documents are returned to the applicant and the procedure for appealing the relevant act or conclusion is explained. Copies of these documents are kept in the body of guardianship and guardianship.

(see text in previous edition)

10. The body of guardianship and guardianship, on the basis of a conclusion on the possibility of a citizen to be a guardian, within 3 days from the date of its signing, enters information about a citizen who has expressed a desire to become a guardian in the register of citizens who have expressed a desire to become guardians.

After entering information about a citizen who has expressed a desire to become a guardian in the register of citizens who have expressed a desire to become guardians, the guardianship and guardianship authority provides the citizen with information about the child (children) in need of establishing guardianship or guardianship over him, and issues a referral to visit the child ( children) at the place of residence (location) of the child (children).

10(1). A citizen who has expressed a desire to become a guardian and has a conclusion on the possibility of being a guardian has the right:

a) obtain detailed information about the child and information about the presence of his relatives;

b) apply to a medical organization for an independent medical examination of a child placed under guardianship, with the participation of a representative of the institution in which the child is located, in the manner approved by the Ministry of Education of the Russian Federation and the Ministry of Health of the Russian Federation.

(see text in previous edition)

10(2). A citizen who has expressed a desire to become a guardian is obliged personally:

a) get to know the child and establish contact with him;

b) get acquainted with the documents kept by the body of guardianship and guardianship in the personal file of the child;

c) confirm in writing the fact of familiarization with the medical report on the state of health of the child.

11. The conclusion on the possibility of a citizen to be a guardian is valid for 2 years from the date of its issue and is the basis for the appeal of a citizen who has expressed a desire to become a guardian, in the manner prescribed by law, to the guardianship and guardianship authority at the place of his residence, to another guardianship and guardianship authority at of your choice or to the state data bank on children left without parental care.

Child custody is a type of family arrangement provided for young children who have not yet reached the age of 14 years. Guardianship of a minor child provides for the possibility of registration by a representative replacing parents in a situation of their death or failure to fulfill their parental duties.

The guardian is authorized to resolve issues related to the property and health of the ward (ward) in agreement with the guardianship and guardianship authorities. Guardianship of a minor child is carried out in accordance with Art. 48 Family Code of the Russian Federation, and is fixed by the act of social bodies "Guardianship and guardianship".

Who can become a guardian

According to the provisions of the "Family Code" of the Russian Federation of December 29, 1995. article number 146 The following categories of persons may take custody of a child:

1. The guardian of a child can only be an adult able-bodied person.
2. Persons who have been instructed in the field of inspection of minor children.
3. A person who is in a heterogeneous marriage union can become a trustee.
4. In accordance with paragraph 3 of Art. 146 RF IC you must obtain a medical examination of the absence of alcohol or drug addiction. Its presence is the basis for the approval of the candidate for guardianship.

IMPORTANT! According with an order dated June 18, 2014. No. 290n, about Testimony of potential guardians is a voluntary procedure. It must be carried out by a medical institution free of charge.

Who cannot be a guardian

Citizens who have:

1. Convictions, persecution by the bodies of the criminal process, a court sentence for crimes against the physical or moral humiliation of a person.
2. Deprivation of the right to be a parent.
3. A gap in special training and instruction in the field of care and upbringing of minor children.
4. As a cohabitant or common-law spouse, a person of the same sex.
5. Alcohol, drug addiction. Mental illness.
6. Unsuccessful experience in the guardianship of minor children, namely, those who did not cope with their range of duties, with the filing of which the guardianship agreement was terminated.

ATTENTION! The presence of one criterion may serve as a refusal to satisfy the application for guardianship.

It is possible to issue custody of a child only if he was left without the protection of his parents:

1. subject to their death;
2. deprivation of their rights to perform parental duties;
3. upon the fact of establishing a restriction on parental rights;

And also when parents are not able to work (provide) and educate him due to age or for medical reasons.

With living parents

If the parents have lost their powers, both his closest relatives: grandparents, aunts, uncles, and non-native persons from his environment can become an applicant for guardianship of a child left without guardianship.

There are two ways to get guardianship: voluntary and paid. The first one provides for the registration of guardianship with a living mother or father in the conditions of their physical impossibility to be nearby, for example, if they work in another country. Written permission from the parents and agreement with the potential guardian of all aspects related to the upbringing of their minor offspring are required.

The rights of biological parents in this type of care are not infringed. The duties of the guardian include only the maintenance of the physical health and intellectual development of the pupil. Parents are fully responsible for his financial support.

The compensatory form is valid in the absence of guardianship of the child by the parents (sometimes without deprivation of their parental rights) due to their immoral behavior or serious illness. Under such conditions, the state authorities themselves appoint a guardian and sign an agreement with this person for monthly cash payments for the maintenance of the child ( according to the rules of the Decree of the Government of the Russian Federation of November 17, 2010 N 927).

IMPORTANT! The custodian undertakes to provide reports on the spending of this money to the relevant authorities and spend the cash flows purely on his ward (clarifications in Letter of the Ministry of Labor of Russia dated January 13, 2017 N 12-3 / 10 / B-181) .

From the orphanage

Registration of guardianship over a minor child staying in an orphanage must begin with the application of the prospective guardian to the "Guardianship and Guardianship" authorities for permission to register guardianship. You need to write an application, and provide a package of necessary documents.

Then the social services examine the housing and material conditions for the maintenance of the foster pupil, and with satisfactory results, after 15 days, they issue an act - a conclusion. With it, you must apply directly to the leadership of the orphanage or to the database of personal data on orphans in the region.

ATTENTION! Toddlers can be selected at the institution or according to the database in a computer version with the help of an operator.

A prerequisite for obtaining custody of children from an orphanage is: establishing emotional unanimity with the child himself and obtaining a "Guardian's Certificate" issued at specialized courses for the specialization of persons who wish to vouch for the upbringing and development of the child in their family.

Registration of custody of a child from an orphanage provides for monitoring the conditions of his stay by the relevant authorities for 3 years and imposing an obligation on the guardians that it is impossible to abandon their duties until the child reaches 15 years of age.

Temporary

Regulated articles № 12 federal law RF about guardianship and guardianship. This is a simplified form of registration of guardianship, subject to the temporary impossibility of raising and supporting the child by the parents. A temporary guardian is authorized by the same rights and obligations as a permanent guardian, they are spelled out in Article 146 of the RF IC.

How to get custody of a child

The procedure for obtaining custody of minors includes successive stages. The procedure is as follows:

1. Collecting and filling out the documents required for the procedure for establishing guardianship.
2. Analysis within a 3-day period of the living conditions of the guardian after the application for permission to be such.
3. Drawing up an act - a survey of living conditions and issuing within 3 days to his applicant for guardianship, provided that there are no circumstances that interfere with registration.
4. The study of autobiographical, moral features, guardianship motives, analysis of relations with a potential ward.
5. From the moment of submission of documents and receipt of the act, within 10 days, the guardianship regulatory authorities make a decision on the acceptance / non-acceptance of permission for guardianship.
6. Signing an agreement on a reimbursable basis with a guardian .
7. Drawing up an act on the appointment of guardianship. Or an act - refusal with an indication of the reasons.

The average processing time will be an average of 10 days.

Required documents

Below is a list of documents that will be required for registration of guardianship:

1. Drawing up an application on a special form for granting the opportunity to become a guardian.
2. Passport data.
3. Certificate from the place of permanent employment indicating income from wages for the last year. Or a certificate of income for the same period, submitted to the tax service in the form of 2-NDFL.
4. Certificate from the housing office on the presence of a residence permit.
5. Document of no criminal record.
6. Medical examination of a satisfactory state of health.
7. Provision of a marriage certificate, certificate of pensioner status, if necessary.
8. Written consent of family members who have reached the age of majority and live in the same territory as the future guardian.
9. Certificate of completion of specialized courses for the training of guardians.
10. Autobiography.

The curriculum vitae must contain both personal and professional information about the potential applicant for guardianship.

More details about the features of preparing documents can be found.

How much does guardianship pay

Payments to persons who have taken care of babies are regulated federal law of the Russian Federation and fall into several categories:

1. One-time payment upon the act of transfer of the ward to the guardian. On average, it is 16400 rubles ( dated January 26, 2018 No. 74 PP).
2. According to Article 12.2 of the Federal Law No. 81 of the Russian Federation, when adopting a child with a disability, older than 7 years, or who has siblings, the amount is 128,053 rubles.
3. Monthly payments: A minor child under the age of 12 - 16,500 rubles. Over 12 years old - 22,000 thousand. If a foster pupil has a disability - 28,000. If there are more than 3 children taken under guardianship, 3,300 for each is added to this amount.

The funds are subject to control by the guardianship and guardianship authorities, which request a report on spending from the guardian.

Difference from adoption

Obtaining guardianship is often confused with adoption. The table provides summary data in their difference:

Guardianship	Adoption
paragraph 2 of Art. 145 says that guardianship is assigned to children under 14 years old, paragraph 4 of article 145 of the UK says that the opinion on guardianship of children over the age of 10 years is also taken into account.	Adoption is subject to children under 10 years old without taking into account their opinion and children from 10 to 18 years old, taking into account their opinion and desire to be adopted by a particular family.
The guardian's right is limited. He does not have the right to manage the money of the ward, change his name, surname, and so on.	Adoption gives adoptive parents all the rights and powers of biological parents.
The guardian receives a monthly compensation for the performance of the duties of educating the ward.	The financial support of the child falls on the shoulders of the adoptive parents.
Guardianship terminates automatically when the ward reaches 14 years of age.	Adoption can be canceled only at the request of the adoptive parents or the child himself.

The decision to adopt another individual into your family should be made deliberately and over a long period of time. Spontaneous expression of desire for guardianship, based on emotional impulses, is not allowed. This is a serious step and a great responsibility for the development of a new personality. Registration of guardianship and return of the child for subjective reasons is unacceptable.