There is no one more defenseless than children. In families, most of the native people take care of them, read fairy tales to them, protect them from all adversities, and rejoice in their successes. A child without a family is deprived of all this. But in the world, several types of help are practiced for the child, as a result of which he finds a new family. This is guardianship, adoption and registration of a foster family. In order to prevent the sad consequences of such actions, the legislation considers in detail the procedure for building relations in a new family.
Rights and obligations of adoptive parents
Matters in the field of family relations are regulated by the Family Code of the Russian Federation. In legal terminology, the process of formalizing parental law is called guardianship, and new parents are guardians.
In practice, the procedure is relevant for families who do not have their own children. It is about the traditional union of men and women who are in an officially registered marriage. Persons in a common-law marriage cannot be adoptive parents and adoptive parents, but they can become guardians.
The right to raise a child other than their own extends to both men and women. Details and nuances of this procedure are regulated by Article 153 of the Family Code of the Russian Federation.
It is important to distinguish between adoption, guardianship and foster care. The rights and obligations of adoptive parents and children in these cases are significantly different. For example, in the event of adoption, the child loses the status of an orphan and the associated social benefits. Foster parents are people who take a child to their family and conclude a contract with the guardianship authorities. Such people are paid salaries and work experience.
The state also pays funds for the maintenance of the child. One of the conditions for concluding a contract is the presence in the family of other children (relatives or adoptive children). To become a guardian, a contract is not necessary. For such people, the state pays only a monthly child support allowance.
Adopters become full-fledged parents, so they do not receive any benefits, except for those provided for large families (if the family has three or more children).
Who can become foster parents
Requirements for candidates are enshrined in law. Their meaning is that the state could protect the interests of each of the parties. The requirements are as follows:
- Availability of acceptable housing conditions. Implied legislatively established norm of living space. This norm may vary, depending on the region where the candidates live. The size of the living space per person should be 12 sq.m. For Muscovites relies 33 square meters per person. If the family consists of two people, then the norm increases to 42 sq.m.
It is also important that housing has access to communication benefits, and its sanitary area should be at least 6 sq.m. Housing can be rented or owned.
- The candidate needs to collect feedback from his closest associates. This information will help to make his psychological portrait. In particular, a written statement from neighbors and work colleagues will be required.
- The candidate should not be convicted of a criminal offense. Applications from citizens with a criminal record are not accepted and are not considered.
- Health. The candidate must be physically and psychologically healthy, not have any addictions or oncological ailments.
What is the responsibility of foster parents
The rights and obligations of the adoptive parents cover all aspects of the life of the adopted child. In summary, this list consists of the following items:
- Caring for the health of the baby.
- Access to education.
- Organization of normal leisure.
- Parenting.
- Protection of his legal interests.
- Protection from adverse living conditions.
- Protection from various kinds of negative situations until the age of 18.
We consider each of the items in more detail.
Health care
There are a number of regulatory documents and provisions indicating the rights and obligations of adoptive parents in terms of access to health services. If the baby is sick, then foster parents are required to consult a doctor for diagnosis and treatment.
In addition, adoptive parents are required to provide routine examinations of the child by a pediatrician and other specialists. If a particular doctor gives individual recommendations, then they must be implemented.
Access to education
The rights and obligations of adoptive parents in the field of education are discussed in article 148 of the RF IC. According to the provisions of this article, foster parents have the right to independently choose a kindergarten or school. They are responsible for the material, technical and psychological conditions under which the child receives an education.
In other words, the adoptive parents provide the child with clothing, stationery and other items. They must keep in touch with teachers, monitor the behavior of the child, ensure attendance at classes, attend parent-teacher meetings.
Leisure and education
Normal childhood is associated with carelessness. Such an atmosphere is the key to the formation of a full, adequate personality. Every child has the right to childhood, regardless of the type of family in which he grows.
The rights and obligations of adoptive parents in the field of leisure activities exclude the child’s limitation in communication, labor exploitation and the ban on normal leisure activities.
If possible, foster parents can enroll the child in sports sections, in circles, on courses. If the baby has its own individual preferences, hobbies and hobbies, then he has every right to their development.
Protection of legal interests
The rights and obligations of adoptive parents do not briefly end with providing living conditions. They must fully protect the interests of the child. According to the law, up to 10 years of age, the protection of the rights of the baby is vested in the local guardianship authorities.
After 10 years, the child independently decides on many issues, including the ability to remain in a foster family. In many cases, foster parents act as official representatives of the child.
Article 37 of the RF IC is intended to protect the property right of the child. In particular, the rights and obligations of adoptive parents, guardians, trustees and adoptive parents provide for the possibility of making transactions on behalf of the adopted child or giving consent to such.
Control Procedure
Protection from adverse conditions is carefully monitored by representatives of local guardianship authorities. They are obliged to visit the child from the moment he begins living in a foster home. During the first 3 months they have the right to come weekly, in the future inspections are reduced to 1 time per month. If no doubtful facts have been recorded regarding the child, then subsequent visits are made once every 3 months.
If conditions have arisen in the family under which there is a threat to the life and health of the child, then the adoptive parents should immediately inform the guardianship authorities about this. Ignoring such conditions entails administrative, and in some cases, criminal liability. Legal basis - clause 3 of article 153 of the RF IC.
Responsibility for the behavior of the adopted child
In addition to the above, the rights and obligations of guardians and adoptive parents apply to the child’s behavior in their free time, including vacation time.
If the child commits an unlawful act before coming of age, then the fines in the form of administrative or criminal liability are borne by the adoptive parents. The child can be accommodated in specialized correctional institutions, and the payment of fines rests with the persons responsible for him.
Rights of foster parents
The role of foster parents is not limited to duties. The rights and obligations of the adoptive parents of the RF IC are explained in article 153, paragraph 3. These include:
- The right to choose a method of education.
- The right choice of educational institution.
- If one of the relatives illegally detains the child, adoptive parents have the right to return him to their home.
- Participation in transactions and representation in all necessary cases.
Nuances
It is advisable to consider in more detail the case of a child communicating with biological relatives. Articles on the rights and obligations of adoptive parents from the IC of the Russian Federation state that a child has the right to freely communicate with biological parents or relatives, but (as mentioned above) adoptive parents have the right to return the child to themselves.
In such cases, a crucial role is played by an objective assessment of the situation from the point of view of the interests of the child. He has the right to stay where the most favorable conditions are for him.
Receiving financial assistance
Also important is the issue of the rights and obligations of adoptive parents and the procedure for financing. From the moment a child lives in a new family, his adoptive parents have the right to receive all applicable social benefits. The size of payments varies in different regions of the country. The following amounts are approved for 2018:
- If the child is disabled, and the family lives in Moscow, then a payment of 27,500 rubles is required once a year.
- Healthy children are paid 16,873 rubles once a year.
- If the child is less than one and a half years old, then foster parents are entitled to a monthly payment of 40% of the average wage.
- Depending on the region, there may be additional types of payments to foster parents.
Benefits and guarantees of foster parents
In addition to financial support, parents can count on the following types of state assistance:
- Benefits for payment of transportation costs and utilities.
- Free trips to health facilities (per child).
The tasks of the guardianship authorities include the obligation to prevent cases when the reason for taking a child to their family is the calculation of benefits and privileges. Potential parents are pre-tested thoroughly.
What is an adopted child entitled to
Chapter 11 of the RF IC reviews the rights of the child in a foster family. They can be briefly summarized as follows:
- Know the whole truth about your biological parents. An exception is when there is a danger that true information can cause moral harm to the child.
- His main right is the opportunity to live in a family circle. Therefore, government agencies give preference to a family form of education, if other conditions correspond.
- If a child in a foster family is poorly treated, then up to 14 years old, he can complain to the guardianship authorities. After 14 years, he has the right to write a statement to the court.
- Has the right to receive and use social benefits.
- If he has his own source of income, then from the age of 14 he has the right to independently dispose of the funds received.
The rights and obligations of the adoptive parents recorded in the contract expire when the child reaches adulthood.