How to adopt a disabled child from an orphanage. Benefit for caring for a foster child with a disability

If the employees of the guardianship authorities reveal a discrepancy with the established requirements, they will issue a written refusal, which, in case of disagreement, can be appealed in court. Search for a child If the guardianship issued a positive conclusion, then citizens can start searching for a child using a single electronic database located at: http://www.usynovite.ru/db/?p=3&last-search. After the child is selected, citizens need to re-apply for guardianship and obtain permission to visit him. The period of validity of permission to visit the child is 10 days - if the allotted time is missed, then the procedure will have to be repeated again. As part of the permit, the adoptive parent has the right to get to know and communicate with the child, as well as to get acquainted with his medical records.

How to adopt a child from an orphanage? not easy but doable

Training of prospective adoptive parents In 2012, the list of mandatory requirements for adoptive parents included training. But there are exceptions to this rule as well. So, in accordance with the law, the right not to undergo training:

1. Citizens who are close relatives of the child whose adoption is required.

   Close relatives include: sisters, brothers, grandparents.

2. Persons who have previously adopted / adopted a child. That is, if citizens have already become foster parents, then they do not need to undergo training.

All other citizens must undergo training, which is provided free of charge in some localities and paid for in others.

As a rule, the list of places where you can get training can be clarified with the guardianship authorities.

How to adopt a child from an orphanage?

Video: The procedure for adopting a child Custody and adoption authorities (PLO) Citizens who decide to adopt a child go to the PLO with a full package of documents. After the paperwork is completed, potential parents are expected to visit the home of PLO employees.

An act of inspection of housing conditions is drawn up. The living space must be well-groomed, clean and tidy. Within 15 days, employees prepare a conclusion. If the impression of citizens who wish to adopt a child is positive, they are recognized as candidates for adoptive parents.

If a refusal follows, it must be issued in the form of an official letter indicating the reason. Search for a child A search for a child can be conducted through the Federal Data Bank on Orphans (http://www.usynovite.ru/db/?p=3&last-search) or the database of video profiles of orphans, also through the PLO at the place of residence or the Regional GBD operator about orphans.

Disability and adoption of children

• 1 Who can be adopted or adopted
• 2 Who can become an adoptive parent
  • 2.1 Requirements
  • 2.2 Single mother
  • 2.3 Foreign nationals
• 3 How to take a child from an orphanage
  • 3.1 Where to go
  • 3.2 Database
  • 3.3 Registration procedure
  • 3.4 Required documents
  • 3.5 Grounds for cancellation
• 4 Features of adopting a child from an orphanage
  • 4.1 Consent to adoption
  • 4.2 Determining the surname, name and patronymic of the child
  • 4.3 Secrecy of adoption
• 5 Payments and benefits
  • 5.1 Maternity capital
• 6 Legislation

Of course, almost all couples dream of having their own children, but far from all this dream becomes a reality due to many reasons.

Adoption of a disabled child

Autobiography

The adoptive parent will also need to provide an autobiography, indicating in it the full name, address and place of birth, education, place of work and position, salary level, as well as other important information, in his opinion.

1. Help from the employer

Also, the adoptive parent will need to attach a certificate from the place of work containing information about the position he occupies and the level of his salary. If a person carries out private business activities, income declarations for several previous periods are suitable instead of a certificate.

1. Documents for a residential property

An examination of the living area where the child will live with the adoptive parents is an integral part of the process under consideration.

That is why the applicant will need to present documents related to this residential property.

How is the adoption of a child with a disability

Attention

Also, not only living conditions will be checked, but also personal qualities according to characteristics from places of work and residence. back to contents The procedure for adopting a child from an orphanage The first thing to do is to go to the inspector of guardianship and adoption authorities at the place of residence. Here you will receive answers to questions about the timing, documents that need to be prepared.

The list of required papers is specified in each specific case by the PLO employee. The validity of all documents collected for adoption is 1 year, except for the medical examination, which is valid for only 3 months.

How to adopt a child from an orphanage and who can be an adoptive parent

When all the papers with the application are accepted for consideration and preparation of a response, those who are eager to taste parental happiness will receive the result within 15 - 30 days. This time is needed to check the information provided to the PLO about the condition of the housing, about the identities of the potential father and mother, or one of them.

The answer from the department of guardianship may contain a refusal or a conclusion with a positive result will be issued. If you want to adopt / adopt a child, then you need to submit this application to the guardianship authorities: Download a sample.
back to content Searching for a child in the database: where to get information about children in need of a family Data on children in need of a family is available in the regional database or in the PLO at the location of the specific orphanage.

The procedure for adoption from an orphanage: requirements for adoptive parents, documents

Important

The identity of the applicant has been established, legal capacity has been verified, I certify the signature. March 17, 2018 Veronika Grigorievna Lyubentseva, head of the guardianship and guardianship authority at the place of adoption of the child (signature).

• parents are missing or deceased;
• incompetent;
• deprived of parental rights.

Determining the surname, name and patronymic of the child The change of the surname of the name and patronymic of the baby can occur if the adoptive parents wish to change the birth certificate at the registry office. This procedure implies the secrecy of adoption. But if there is no such desire, the adopted son or daughter can remain in their last name.
The child will not be transferred to the family if:

• it will be contrary to the wishes of the child, create a threat to his life, health, violate his rights and interests;
• it turns out that together with the citizen who took the child “on a visit”, the parent of the baby, deprived of parental rights, lives.

The total length of stay cannot be more than three months. In some cases, it can be extended up to six months. If the biological parents of the child could not, for some reason, properly fulfill their obligations, this can be done by adoptive parents, guardians or adoptive parents.

But both adoptive parents and guardians must understand that a new family member is a responsibility, it is forever. They will have all the same responsibilities as the biological family.

Who can be adopted or adopted Under the legislation of the Russian Federation adopted or adopted, there can be an orphan from 0 to 18 years old. A child may be adopted:

• From a previous marriage of a spouse or wife. If there is a desire to take on all the rights and obligations of a full-fledged parent. But you should take care of the consent of the biological father.
• From the baby house.

  Toddler age 0-3 years.

• From an orphanage, ages 3-18.
• Newborn. The procedure for adopting a child from a maternity hospital is actually no different from adopting a child from an orphanage or a baby home.

Who can become an adoptive parent? Many people want to take an orphan into a family, but not all citizens are given the right to adopt, since there are a number of requirements and nuances that candidates must take into account.

1. I, Victoria Vaganovna. I am 34. 04/17/1985. My mother is Avanova Tamara Isakovna. 01.12.1950 gr. earlier there were threats and staged situations for this purpose. Got me insane. I was forcibly restrained with an ultimatum that I would not sue my mother. They forced me to take toxic pills, made unknown injections, leading to obscess. After repeated complaints, physio procedures were performed. Not to mention moral damage. They kept it for a month. From 14.08. to 13.09.2019 I now live in azure settlement. D.16. in a rented apartment. I am disabled on 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). According to the testimony of the second non-able-bodied group, there was a problem with her legs, and even worse she began to walk after the hospital. During her stay in the hospital, she came as she asked to sign a power of attorney for her, but after the refusal of honey. My sister said that mother said she didn't want to see me anymore. For the fifth year I have been waiting for my things and a collection of Internet sites to be returned. Previously, they imposed a person on me for marriage, I refused, then they imposed a person on a girl in order to look after me, although I was entitled to social services. an employee, thanks to which I can live freely and privately. Her supporters harass me and insult me ​​and divulge personal information and try to compromise me. I pologiyu attempt on legal capacity. My things are new and worn, original documents honey. conclusions and copies and a collection of Internet sites are held by her daughter-in-law, wife of a son, middle child. They are trying to appropriate my collection of Internet sites and the manuscript of an unfinished and personal audio investigation with my voice and video. I filed a request through a lawyer to the mental hospital, they said to wait 30 days, I filed an appeal with the governor. They answered that it came and later that it was sent to the deputy. governor at the Interior Ministry. Persecutors, supporters of the mother, are poisoning the food that I ask the neighbors to bring on a reimbursable basis. 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 that it will work out now, it harmed my interests. The lawyer's contract was signed on 10/03/19 and they said that they would not send a request soon. Called on 10/08/19. in the social protection of the rights of persons with disabilities, explained, said that an attempt to arrange guardianship. I called on 10/10/19 to ask about the status of the request. Lawyer Dusha Vitaly. B. of the company Status priority. He said that Tushev A.A. sent a request and is waiting for an answer, but today I called, 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., 86702 responses, 38690 reviews, online since 05.12.2011
1.1. Hello,
You have a very difficult situation, especially since you have a lawyer,
What are you waiting to get here?
Such issues are not free of charge. Personal detailed consultations with lawyers of the site are paid.
I wish you good luck and all the best!

2. Now the child has been under my care since February 2019, May 29, 2019 was supposed to be adopted, but the meeting did not take place because the day before it became known that the mother filed a lawsuit for the 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 sewn up for 1 (!) Year, in September 2019 her filing ends. A visually impaired person of the 1st group, 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 is now 2 years old with us for 4 months, he calls us dad and mom, he doesn’t know and doesn’t remember his mother and sister due to his age. (The child was taken to the baby house 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 responses, 13 reviews, online since 06/10/2019
2.1. Hello. The lawsuit itself does not mean that she will be restored in parental rights. Firstly, the court will be considered with the participation of the guardianship and guardianship 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 pathologies associated with this syndrome. Unfortunately, later a greater degree of dementia was also revealed (the child does not speak, is still in a diaper, walks with difficulty, his mother does not understand me, or just another employee of a state organization).
The child was desired, born in marriage, but his father (my ex-husband) immediately decided to abandon him, and me too (we divorced), as well as almost all the doctors how they “worked” me, that “with such a child I have there will be no life, but a continuous test, because the child is complex, and not just Down. Another important factor was that I was assured that the child, if he was on state support, would be given all the quotas (without a queue and waiting) for heart surgery to save his life (there were three operations later).
I wrote Renunciation of the child, with permission for his further adoption (they simply did not offer another form). At the same time, I am not deprived of parental rights. The child was assigned to the Baby House, then, as he grew older, they were assigned to other state institutions. institutions. All this time I visited him, stayed with him in hospitals, for almost 10 years I have been monitoring his fate, the state of his health, as far as possible I help the Orphanage with toys, sweets, etc. There are all the photos of my visits. During this time, no one adopted my child. I never refused 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 Visit Permit every year. By the way, for 10 years the father of the child has never appeared, visited or even called to find out how he lives there ... And no one from Opekka has ever disturbed him in any way.
As a result, the lawyer of the orphanage called me the other day and did not clearly indicate, without reference to the article and the Law, that it was important for them to understand the status of my child. Allegedly, their Orphanage is checked by the Prosecutor's Office and the status of my child is not clear to them. The lawyer gave me 2 options to choose from:
1) Pay monthly alimony under the Agreement;
2) Sue me in Court for deprivation of parental rights and also for the payment of alimony.

Guardianship asked me to write a statement in any form, the essence of which was to explain to them what I plan to do with the child in the future. I came to them and wrote that I plan to visit them as I did, but at home the conditions and financial situation do not allow me to take a disabled child to my place, educate and educate him properly, as in a specialized Orphanage, where teachers and specialists take care of them. Staff. Plus, I'm now 5 months pregnant and I have a 2 year old son. I am in a new official marriage. And from the decree, I plan to go back to the decree.

But the lawyer did not need this Application, 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 the father of the child was found by them and had already paid the first month of alimony 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 Orphanage and their lawyer call me very often now, not taking into account the fact that I am in a position. And now I receive 50 rubles from the State. a month before my son's 3rd birthday. I don't have any income right now. To this, the lawyer answered me that in the Agreement we would agree on the amount, and if the alimony payments were appointed by the Court, then the average income for the region (Moscow) would be calculated. The lawyer also indicated to 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.

Given the current situation, I have a few questions:

1) I don't mind paying child support! But should my current spouse be involved in this very personal matter and pay child support for a child other than my first marriage? The last thing I would want to involve my new family in this matter, because only I and my ex-husband are responsible. But I don’t work now and I won’t for the next three years either. Logically, where do I get this money to pay alimony? ...

2) Do I have the right to know how much exactly my ex-husband pays alimony to our common child? Can the Children's Home 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 his status been determined in 10 years? I asked her this question, but she answered casually that he would receive more state payments if I was deprived of my rights or something like that .. And what about the status then?

4) What would be more correct in my case: to conclude an Agreement or to be sued by the Court for the payment of alimony?

5) Can alimony be filed against me through the Court immediately for three years of the child's residence in the state. institution (or even for all 10 years?), despite the fact that I visited him? And what will be the basis for this?

6) Is it possible to assign alimony through the Court, but without deprivation of parental rights? Why should the Orphanage deprive me of my rights when I visit him, while realizing that I would not provide him with such 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 brought to the MFC and, for sure, it will “hang” over me like a stigma in all areas of my life ... So I want to keep 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 tell the worker 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 am cheating with income? How does it all look like? After all, I have never faced such a situation ....

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

10) My “rejected” child is not legally capable, does this mean that I will pay alimony already when he reaches 18 years old, i.e. All his life?

11) How to check that the money I paid goes to the child's account (as far as I know, 50% are 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 for the funds deposited, or do i have that right? It is important to use these funds for the intended purpose, and not in someone's pocket!

12) If my child is transferred to another state. institution, will I be sued again by the Court for the payment of alimony / or will it be necessary to conclude a new Agreement on alimony? How does this procedure work?

13) Will my “abandoned” child be entitled to inherit from me, in particular in terms of housing, if the original Ordinance of 2009 says that the child (hereinafter his initials are given) upon reaching 18 years of age provide the state housing? Simply, as I understand it, laws are changing and I would like to know what else I owe, in addition to child support, who has been living in the state for almost 10 years. institutions?

All these questions are very important for me, they literally "sick".
Sincerely, Alla, Moscow.

Lawyer Sushkov M.V., 75851 responses, 25403 reviews, online since 07/17/2014
3.1. Alimony is paid by the parents of the children. Your current spouse has nothing to do with this.
How much does the father of the child pay you have the right to know. In any case, as a general rule, parents have equal responsibilities for the maintenance of their children. The amount can be both in terms of a share of earnings, Art. 81 of the RF IC, and in a fixed amount of money, Art. 83 of the RF IC. It's easier to pay by agreement.
As for the deprivation of parental rights, I see no reason.

Lawyer Kalashnikov V.V., 188682 responses, 61693 reviews, online since 09/20/2013
3.2. 1. The spouse should be involved as well.
2. The orphanage is not obliged to provide such information.
3. Status must be defined. You need to ask your lawyer what it is.
4. The agreement is more profitable if the amount is less than the subsistence level in it will be indicated.
5. They can file, but the court will not exact.
6. yes, it is possible. Because there are maintenance obligations regardless of the 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 will be made
9. you will need
10. no does not mean.
11. It's not trackable.
12. the recipient of alimony will change
13. Yes, it will. Because they are deprived of rights. And duties in relation to the child are not deprived.

Lawyer Shishkin V.M., 62653 responses, 25534 reviews, online since 11.02.2013
3.3. 1. Your spouse will not be touched if this is not his child
2. The orphanage is not obliged to provide such information
3. What the lawyer meant should be clarified with him. In general, he is right - the status of the child should be clear and defined
4.Agreement is better
5. There are few chances for collection. But no one will take away the right to file for alimony
6. Yes, it is possible. Alimony can be collected without deprivation of parental rights
7.Won't affect children
8. Depending on whether you will make payments. Can report if payment is not made
9.need to be
10. No, child support is paid until the age of 18
11.Do not track
12 Will not be again
13 Will be eligible for an inheritance, no matter that you may be deprived of parental rights
Articles 80-83 of the RF IC.
. Consequences of deprivation of parental rights

1. Parents deprived of parental rights shall lose all rights based on the fact of kinship with the child in respect of whom they have been 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 release parents from the obligation to support their child.
3. The issue of further cohabitation of the child and parents (one of them), deprived of parental rights, is decided by the court in the manner prescribed by housing legislation.
4. A child in respect of whom the parents (one of them) have been deprived of parental rights shall retain the right of ownership to the living quarters or the right to use the living quarters, as well as retain 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 case of deprivation of parental rights of both parents, the child is transferred to the care of the guardianship and guardianship authority.
6. Adoption of a child in case of deprivation of parents (one of them) of parental rights is allowed not earlier than six months from the date of the court decision on deprivation of parents (one of them) of parental rights.

Open the full text of the document
. Responsibilities of parents regarding the maintenance of minor children

1. Parents are obliged to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.
Parents have the right to conclude an agreement on the maintenance of their minor children (agreement on the payment of alimony) in accordance with Chapter 16 of this Code.
2. In the event that parents do not provide maintenance for their minor children, funds for the maintenance of minor children (alimony) are collected from the parents in a judicial proceeding.
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 case of failure to file a claim in court, the guardianship and guardianship body has the right to bring a claim for the recovery of alimony for minor children against their parents (one of them).
. The amount of alimony collected for 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 on a monthly basis 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 situation of the parties and other noteworthy circumstances.

Lawyer Cherepanov A. M., 31094 responses, 11231 reviews, online since 03/28/2013
3.4. Hello. 1. Yes, your ex-husband is also obliged to participate in this. According to . Parents are required to support their minor children. The procedure and form of providing maintenance to minor children are determined by the parents independently.
2. They may or may not provide, because they do not have such an obligation. How do you agree.
3. You need to ask the lawyer why he said so. But when depriving you of the genus. payout rights will indeed be higher.
4. Of course, it is better to conclude an agreement in material terms
5. They can file, but they will be able to recover only for the last three years and if there are grounds for clause 2
6. Yes, of course it is possible.
7. Yes, in fact, it will not affect children and benefits in any way.
8. If the writ of execution is not transferred to work, then no one will report.
9.Yes, you will need to see .
10. It's possible see
11. Unfortunately not.
12. No, they won't.
13. Yes, he will have the right, he is the heir to 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 construction, and paid it herself! She got married a second time, only non-residential premises were built together, she made documents for the house before her death in 2014, she did all the documents for her father (second husband, he adopted me and my brother). after the death of my mother, my father stopped communicating with us, began to live with another woman. They tried to discharge me, but I have three children, two of them are underage, one of them is a disabled child. I recently found out that you can sue your mother's share through the court! Is it really? And what can I do in this situation? Thanks in advance! "According to the materials of the legal social network www.site ©"
At the time of the construction of the house, the documents for the land were issued to my mother. She died in 2014 in June, not long before that new documents for the land and the house were made, which had already been issued in the name of her father. Explaining this by the fact that my mother is disabled and it is difficult for her to go to the authorities. "According to the materials of the legal social network www.site ©"

Law firm LLC "Legal Bureau "Zashchitnik", 4932 responses, 3023 reviews, online since 02.12.2016
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 responses, 4625 reviews, online since 04/26/2013
24.3. Hello Maria.
You should file a lawsuit in court and reduce the amount of child support. If you need help in 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 a disabled person of the 2nd group for an indefinite period, she has an older daughter, she is married, the younger one does not work for a dependent, can she adopt a child.

Lawyer Ligostaeva A.V., 237177 responses, 74620 reviews, online since 11/26/2008
25.1. --- Hello, in this case, the daughter will adopt the child. What's with the disabled person? The PLO will not give permission for adoption and guardianship to a disabled person. Good luck and everything will work out for you.

26. I have been married to my husband since 2013. 10 years together and we had no children. In 2014, I became pregnant, but this pregnancy ended sadly: an ultrasound scan said that the fetus had a congenital anomaly. That the child will be disabled. After the 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 1 pregnancy), due to the fact that her boyfriend did not want this child, she told me with tears that she wanted to have an abortion, that even if this child will be born will hate him. My husband and I consulted and decided to adopt / adopt this child. The child was born in 2015 in the summer of 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, we wrote the full name of the husband in the registry office in the father column (I was afraid that as the child grew up, the biological mother might change her mind and might not give us the child). Then I applied for the adoption of this child by me. Adopted. In February 2016, 2 children were born. The adoption trial took place in March 2016. It turned out that the adopted child by dates turned out to be 2 children, although he is the eldest child in the family. We were denied a certificate for family capital, referring to 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 not native to both of us? And how can you get a certificate for family capital.

Lawyer Budilova N.N., 32368 responses, 13173 reviews, online since 10.03.2009
26.1. appeal against the refusal to issue a certificate in court.

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

Lawyer Fesenko S. V., 2444 responses, 868 reviews, online since 07/15/2016
27.1. I think adoption is questionable....

Lawyer Strikun G.V., 99745 responses, 26669 reviews, online since 03/22/2008
27.2. Can not. because he is disabled.

28. Dear site and its wonderful team! I would like to ask for help. Situations: our family is candidates for adoptive parents; we were given a referral to visit the child; we signed the agreement; the child was in children. house at 1 year old and stayed there for almost a year, as the manager told us. no one visited him at the children's home during this time and did not even call him; suddenly, out of nowhere, a grandmother appears and files for custody, at that moment we also apply for free. Guardianship with last By adoption, due to the fact that it is impossible to adopt immediately, the mother was recently deprived of the clan. rights. Guardianship transfers the baby to the grandmother and gently "rejects" us, we are still waiting for a motivated refusal. Information about the grandmother is confidential - we only know that she has another foster child, a small income, it seems that she is disabled, but of an acceptable group. The kid lags behind in physical and mental development, of course he needs individual lessons and good medicine, we earn normally and we have decent housing. Do we have a chance to win guardianship in court, what is the best way to file a lawsuit so that the chance increases?
Thanks in advance.
Lina.

Lawyer Senkevich V. A., 45190 responses, 16993 responses, online since 08.10.2015
28.1. Hello! alas, there is almost no chance. You can ask the guardian to provide a written waiver and appeal it in court.

29. Boo husband wants to adopt a child from a third marriage (another's child) in order to reduce child support from mench. We have a child with a disability. What will happen to me from this if I receive alimony a little less than 50%. I can also apply for additional mothers. The costs associated with this is that the sick child if I receive child support.

Lawyer Matushanskaya I. V., 13783 responses, 6289 reviews, online since 11/27/2015
29.1. You can apply to the world court with a claim for the recovery of the amount for additional expenses for the child, while you will need to prove the circumstances to which you refer.

30. Ex-husband wants to adopt a child from a third marriage. To lower child support. We have a common child with a disability. Pays alimony a little less than 50% of the salary. What can be awarded to me. And another question is I have the right to apply for additional mater. Expenses because the child is disabled. If I receive child support. Will I be able to gain something from this.

Lawyer Vyanni M. I., 670 responses, 248 reviews, online since 03/02/2016
30.1. specifically regulates legal relations related to the recovery of additional expenses for a child. Additional expenses include such expenses that are associated with exceptional circumstances. These, first of all, as the most obvious, include the health and life of children. Severe illness or injury to the child and the need for constant expensive treatment. Additional costs in this case will be the costs of operations, medicines, outside care, prosthetics, spa treatment. If your situation meets the above definition of additional costs, then you are entitled to collect them.
At the same time, your husband will be eligible to apply for a reduction in child support if he has children from other marriages. You can offer him to settle the issue of alimony in this way - you leave everything as it is, but he does not reduce your basic alimony.

Lawyer Pashkina K. A., 138 responses, 65 reviews, online since 10/06/2015
30.2. As for the amount of alimony.
The court can indeed reduce the amount of alimony somewhat, 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 the husband will pay you, regardless of whether he has earnings in the next month and its size.
For 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 needy children, the need to pay for outside care for them and other circumstances), each of the parents may be required by the court to participate in bearing additional expenses caused by these circumstances.
The procedure for the participation of parents in bearing 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 sum of money payable monthly. The court has the right to oblige parents to participate both in the additional expenses actually incurred, as well as additional expenses that need to be made in the future.

Law firm OOO "ORION", 28548 responses, 11539 reviews, online since 01/18/2015
30.3. Unfortunately, he has that option.
On this basis, you can change the amount of alimony.
119 RF IC Change of the amount of alimony established by the court and exemption from payment of alimony
1. If, in the absence of an agreement on the payment of alimony, after the amount of alimony has been established in a court of law, the financial or family situation of one of the parties has changed, the court shall have the right, at the request of either party, to change the established amount of alimony or to release the person obliged to pay alimony from paying them. When changing the amount of alimony or when exempting from paying them, the court has the right to take into account also another noteworthy interest of the parties

To obtain parental rights to a child, it will be necessary to adopt him without fail. This procedure usually takes a small amount of time, but its implementation will require a lot of different documents. It is carried out only with the consent of the guardianship and guardianship authorities.

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Basic moments

The adoption procedure is an act of great legal importance, carried out in court. Its implementation leads to many different consequences.

Therefore, before deciding on such a crucial step, it is necessary to study them all in as much detail as possible.

At the same time, according to the law in force on the territory of the Russian Federation, the adoption procedure can only be carried out in relation to minors, regardless of other factors (, otherwise).

The adoption procedure itself is carried out in court only if there is a package of relevant documents, which must necessarily include from the future parent.

The procedure itself is carried out in the order of special proceedings, according to the relevant rules of civil procedural proceedings.

Beforehand, you should familiarize yourself with the following important questions:

1. What it is?
2. Where to apply?

What it is

The term adoption (adoption) refers to some form of family education of children who were previously, for some reason, guardianship of their natural parents.

One of the most important features of this kind of procedure is that after its implementation, legal relationships arise between the adopted child and his adopter, which are regulated by the Family Code of the Russian Federation.

Selection of candidates

Before implementing the adoption procedure, it will be necessary to select the appropriate candidate without fail.

If, for some reason, there is no institution nearby where orphans are brought up, then persons wishing to adopt a child can receive an appropriate referral to institutions of this type located in another region.

Trial

According to the legislation in force on the territory of the Russian Federation, legal proceedings related to the adoption of children with hearing impairments are conducted in a special manner.

This moment is regulated by Federal Law. The main positive point in this case is the shortest possible time allowed for the court to make any specific decision. Therefore, in some cases, it is possible to adopt a child within just one month.

The final stage

After the court has made an appropriate decision on adoption, it is mandatory to carry out state registration of this action. To do this, you will need to contact the registry office with a written or oral appeal.

At the same time, in addition to the application itself, the following mandatory documents must be submitted to the state registration authorities:

It should be remembered that if, for some reason, the adoptive parents did not independently submit the relevant court decision to the registry office, state registration is carried out on the basis of this document, but transmitted by the judicial body itself by mail.

Main nuances

It must be remembered that it is extremely difficult to implement, for this it will again be necessary to initiate legal proceedings.

If the corresponding court order was nevertheless issued, then the birth certificate is canceled and a new one is issued. Also, employees of the registry office without the consent of the adoptive parents themselves do not have the right to disclose the secret of adoption.

What are the benefits for adopting a disabled child?

When adopting a child with a disability, his adoptive parents are entitled to the following payments:

The complexity of the procedure if children have Down syndrome

In some special cases, difficulties may arise. For example, if a child has Down syndrome.

Difficulties are related to the following points:

1. Not every such child is recognized as capable.
2. The irreversibility of this genetic change.
3. Small lifespan.

Not everyone is qualified

The issue of recognizing the legal capacity of a child with Down syndrome is usually decided only by the age of 16-18. Since only at this age a person is already psychologically formed, he has the right to perform various kinds of important legal actions.

In each individual case, the recognition of the legal capacity of a person with Down syndrome is a specific process, therefore, it may cause some difficulties in adoption.

irreversibility

Reply from 02/03/2014 19:59

Please note that you can be recognized as an adoptive parent only on the basis of the totality of all legal facts (state of health, housing conditions, income (earnings), no criminal record, etc.).

Article 127. Persons entitled to be adoptive parents (Family Code)

1. Adoptive parents may be adults of both sexes, with the exception of:

Persons recognized by the court as incapable or partially capable;

Spouses, one of which is recognized by the court as incapable or partially incapacitated;

Persons deprived by court of parental rights or limited by court in parental rights;
persons suspended from the duties of a guardian (custodian) for improper performance of the duties assigned to him by law;

Former adoptive parents, if the adoption is canceled by the court due to their fault;

Persons who, for health reasons, cannot adopt (adopt) a child. The "list" of diseases, in the presence of which a person cannot adopt (adopt) a child, take him under guardianship, guardianship, take him into a foster or foster family, is established by the Government of the Russian Federation. Medical examination of persons wishing to adopt (adopt) children left without parental care is carried out within the framework of the "program" of state guarantees of free provision of medical care to citizens in the "procedure" established by the federal executive body authorized by the Government of the Russian Federation;

Persons who, at the time of establishing adoption, do not have income that provides the adopted child with a living wage established in the constituent entity of the Russian Federation in whose territory the adoptive parents (adoptive parent) live;

Persons who do not have a permanent place of residence;

Persons who have or had a criminal record, are or have been prosecuted (with the exception of persons whose criminal prosecution has been terminated on rehabilitating grounds) for crimes against life and health, freedom, honor and dignity of a person (with the exception of illegal placement in a psychiatric hospital, slander and insults), sexual inviolability and sexual freedom of the individual, against the family and minors, public health and public morality, as well as against public safety;

Persons who have an unexpunged or "unexpired conviction" for grave or especially grave crimes;

The paragraph is invalid. - Federal "law" of 02.07.2013 N 167-FZ;

Persons who have not undergone training in the manner prescribed by "paragraph 4" of this article (except for 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 (trustees) children and who have not been removed from the performance of their duties);
persons who are in a union concluded between persons of the same sex, recognized as a marriage and registered in accordance with the laws of the state in which such a marriage is permitted, as well as persons who are citizens of the said state and are not married.

1.1. When making a decision on the adoption of a child, the court has the right to deviate from the provisions established by "paragraphs eight", "twelfth" and "thirteenth paragraph 1" of this article, taking into account the interests of the adopted child and the circumstances deserving attention.

1.2. The provisions established by "paragraphs eight", "twelfth" and "thirteenth paragraph 1" of this article do not apply to the stepfather (stepmother) of the adopted child.

2. Persons who are not married to each other cannot jointly adopt the same child.

3. If there are several persons wishing to adopt the same child, the preferential right shall be granted to the relatives of the child, subject to the obligatory observance of the requirements of paragraphs 1 and 2 of this Article and the interests of the adopted child.

4. In order to assist in the psychological, pedagogical and legal training of persons wishing to adopt a child left without parental care into their family, they are trained according to a program approved by the executive authorities of the constituent entities of the Russian Federation.

The "requirements" for the content of the training program, the procedure for organizing and carrying out activities for the training of persons wishing to adopt a child without parental care into their family, and the "form" of the certificate of completion of such training on the territory of the Russian Federation are approved by the authorized federal government of the Russian Federation executive authority.
The organization of training for persons wishing to adopt a child left without parental care for upbringing in their family is carried out by the guardianship and guardianship authorities at the expense and within the funds provided for these purposes in the budget of the subject of the Russian Federation.
Foreign citizens, stateless persons or citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, who wish to adopt a child left without parental care and who is a citizen of the Russian Federation, may submit documents confirming that they have undergone appropriate training in the territory of the state , in which they permanently reside, taking into account the subject matter and to the extent not less than that provided for by the requirements specified in paragraph two of this paragraph for the content of the training program for persons wishing to adopt a child left without parental care for upbringing in their family.
In the event that foreign citizens, stateless persons or citizens of the Russian Federation permanently residing outside the territory of the Russian Federation who wish to adopt a child without parental care into their family have not undergone appropriate training in the territory of the foreign state in which they permanently reside, the specified training is carried out on the territory of the Russian Federation in the manner prescribed by this paragraph.

A fairly large number of children in Russia are brought up in foster families. The adoptive parents of a child have the right to receive financial assistance from the state for the upbringing of the child.

The process of receiving the allowance for the adoption of a child, as well as the amount of this allowance, will be discussed in more detail later.

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

Guardianship of a child is often carried out not only on the basis of full adoption.

The legislation provides for the following forms of custody of orphans:

• direct adoption;
• registration of guardianship or guardianship 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 guardianship authorities without a trial. In addition, the verification by civil servants of candidates for the right of guardianship and guardianship is more loyal.

However, full-fledged adoptive parents in the case of adoption of 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 the adoptive parents as biological ones, including the right to receive an inheritance.

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

When applying for patronage, the guardian is engaged in the socialization of the child and representation of his interests in state bodies, but the child can also be left in the orphanage.

When registering guardianship, guardianship or patronage between state bodies and adoptive parents, an agreement is concluded.

If there is a full adoption of the child, then by decision of the court, the candidates become the official parents of the child and receive a certificate of adoption.

Adoption, guardianship and guardianship are handled by the guardianship and guardianship authorities, but direct adoption will require a court decision.

The amount of the allowance, as well as the types of allowances due to adoptive parents, depend on the form of adoption.

Normative base

The payment of benefits to families with foster children is regulated by law.

The amount of the allowance, as well as the procedure for receiving it and the category of families that 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 allowance 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.

Consideration of the application will take up to 10 days.

In most cases, the payment of benefits is approved, but if the adoptive parents are denied, then it can be challenged in court.

To receive benefits for the adoption or adoption of a child, the following documents must be submitted to the guardianship authorities along with the application:

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

Adoption allowance

Some foster parents and guardians are entitled to child support. The amount of this benefit may vary, depending on the form of guardianship or adoption.

Also, the allowance is not paid at all to certain categories of adoptive parents and guardians.

There are several types of adoption allowances, the amount of which in 2018 can vary greatly. Let's consider each type in more detail.

It should be noted 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? Look here.

lump sum

If a family adopts two or more children born of the same parents, the allowance is paid for each child.

Monthly

Families that have adopted a child under one and a half years old can receive monthly payments. Until this age, it is possible for one of the parents to receive paid parental leave, and the amount of the allowance will be 40% of the income of the parent for whom the allowance 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.

The right to maternity capital

Some families are entitled not only to the adoption allowance, but also to maternity capital, which is allocated to all families with newborns from the state budget.

The following families are eligible to receive maternity capital:

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

If two children

Other perks

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

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

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 for the adoption of 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 foster father will only be able to receive official leave to care for a child under the age of 1.5 years with the possibility of receiving an allowance of 40% of income.

On the video about the benefit

Benefits and rights when adopting a child in 2018-2019

General concept

Adoption is the process of adopting a child 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 obligations in relation to each other, indistinguishable from legal relations in an ordinary family.

The adoptive parent is responsible for the child:

• for its material support;
• to create conditions for education, including vocational education;
• to ensure comfortable living conditions.

An adopted baby gets all the rights of a native. In addition, he has the same responsibilities in relation to new parents.

Important! The guardianship and guardianship authorities are obliged to monitor the fulfillment of the duty by the adoptive parents. In case of revealing serious violations and abuses, they go to court to cancel the adoption.

State support for adoption

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

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

Important! Local benefits for adoptive parents are more diverse. 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 they 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);
• a one-time allowance for adoption;
• monthly payments to the mother until the child reaches 1.5 years;
• preferential enrollment and free meals in kindergartens and schools;
• free medicines for children under 3 years old;
• reimbursement of expenses for payment of 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 are adopted from a previous marriage, benefits are not provided. Except for maternity leave.

The legislation does not distinguish between parents. Decree and monthly payments can be provided to the father at will.

Who is eligible for government support programs?

The purpose of preferences and their material expression depends on the conditions of adoption, including the health of children. So, the one-time allowance for admission to the family is as follows:

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

At the same time, benefits in the field of labor relations apply exclusively to people who have an official place of service. For example, they include preferences such as:

• restrictions on involvement in night shifts, overtime work;
• a ban on work on weekends and holidays;
• providing holidays during the summer.

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

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

Measures of financial support for adoptive parents

Payments to people who have adopted non-native children can also be divided into:

Under the first there are in the form of 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 issue a decree. In practice, this is done in the same order as when a child is born:

1. You should contact the antenatal clinic with the documents.
2. The doctor will register the woman and issue a sick leave.
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 claiming benefits is extended to 110 days, usually it is 70 days.

One-time payment to the adoptive parent

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

Above are the amounts of the allowance paid in 2018 for a healthy child and a child with disabilities.

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

Attention! If the baby is adopted a second time, and this type of allowance is received by the previous family, then the next parents are not paid.

How to get a

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

• a court decision on the legitimation of 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 the family accepted brothers or sisters, papers are needed confirming such a fact.

Important! You must apply for the payment of benefits 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 additional papers are not required.

Care allowance up to one and a half years

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

• for the first baby (all children in the family are considered: relatives and adopted) - 3056.69 rubles;
• on the second and subsequent - 6131.37 rubles.

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

Maternal capital

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

• the fact of adoption must be dated from 01/01/2007 to 12/31/2018;
• a family must have two or more children (regardless of the degree of kinship).

It is allowed to spend materkapital funds only in four directions:

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

tax incentives

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

The amount of taxable income is reduced:

• by 1.4 thousand rubles. when adopting the first and second baby;
• for 3 thousand rubles. - third and subsequent;
• for 12 thousand rubles. - for the admission to the family of a disabled child (for each).

Attention! The preference is given at the place of service. To obtain it, you must contact the administration of the enterprise with the relevant documents:

• birth certificates of children;

• 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 obligations towards their children, regardless of blood ties.

The state provides additional assistance to adoptive parents so that they take more care of their children and experience fewer difficulties. You don't have to pay for public funds.

Attention! The fulfillment of duties by parents is controlled by the guardianship and guardianship authorities. This applies to all spheres of life, including the financial support of children.

Regional support measures for adoptive parents

In addition, the adoptive parent in Moscow receives:

1. A lump sum of 30 thousand rubles. 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, which is confirmed by the guardianship service.

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

Instead of a conclusion

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

1. Payments can be refused if it is connected with the moral aspect of raising children in the family.
2. Only this act will not cancel the inspections of guardianship specialists who are obliged to control the living conditions of children in families that have adopted them for upbringing.

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

For a prompt resolution of your problem, we recommend contacting qualified lawyers of our site.

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Adoption of a disabled child

It is impossible to obtain parental rights to someone else's child without adopting him. The hardest thing is to adopt a child with a disability.

Where to go to adopt a child with a disability

In order to adopt a child with a disability, first of all, you should contact the guardianship authorities. This is an important event, it affects the success of the entire procedure. You need to get to know the caregivers, talk to them and try to get along. Secondly, you will need to contact a medical institution for a mandatory medical examination. Then you need to file a lawsuit. The last point is the registry office.

What is the procedure for adopting a child with a disability?

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

• Specialists check whether future parents meet the existing requirements.
• Future parents collect the documents necessary for adoption.
• The matter of adoption is considered in the judicial process.
• The candidate of the child is selected.
• There is a trial in court.
• The court makes a decision.
• If successful, parents apply to 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 employees of guardianship authorities. In special cases, if a child with a disability has real parents, those wishing to adopt him will need their consent.

The legislative framework

Payments for the adoption of a child with a disability are regulated by:

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

Payments for the adoption of a child with a disability

How much does it cost to adopt a child with a disability?

Maternity capital (not accrued in relation to children who will be adopted after 01/01/2019).
If the child is the second in the family, maternity capital is paid on a general basis. To obtain it, you must write an application to the Pension Fund of the Russian Federation, as well as transfer the following documents there:

• The passport;
• Adoption certificate;
• SNILS child;
• Marriage certificate;
• Parents' birth certificate.

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

The payment of maternity capital is regulated by Federal Law No. 256.

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

• adoption court decision
• 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 appropriate authority within at least 6 months from the date of entry into force of the court decision. If you delay the deadline by 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 by adopting a child with a disability?

What benefits are there when adopting a child with a disability, 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 must submit the relevant documents to the accounting department at your work.
• The right to retire 5 years earlier (if they have adopted a disabled child under the age of 8).
• If the place of residence of the family 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, when buying fuel (the amount of the discount depends on the specific region).
• Free or discounted meals for children at school and preschool.
• Preferential vouchers to sanatoriums, camps, health resorts.
• Issuance of land plots.
• State assistance in lending, preferential conditions for obtaining a mortgage.
• Free travel in public transport.

The state is trying to support citizens who decide to adopt a child with a disability. 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 is entitled to 4 paid days off to care for a disabled child.

• One-time cash benefit for the adoption of a child with a disability. It amounts to 124,929 rubles, but only when adopting a disabled child older than 7 years.
• tax deductions. Tax deductions are flat, tax-free payments that are made available to working parents/guardians to help boost a family's "net" income. The amount of the tax deduction is 12,000 rubles for parents or 6,000 rubles for guardians. An important difference between the 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 due to a disabled child from the state

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

Amount of payments and benefits A child under the age of 18 who has been recognized as disabled is entitled to a social pension. In 2018, the amount of the payment for the care of a child with a disability is 13.170 rubles. Also provided are the Monthly Cash Transfer (CCT) and Social Service Bundle (NSB).

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

Parents or guardians of a child with a disability may opt out of NSI in whole or in part in favor of cash payments. With the complete rejection of the NSI EDV for children with disabilities in 2018 is 2.527 rubles, and upon receipt of the full package of the NSI EDV will be 1.478 rubles. The state also provides various benefits and payments to parents of children with disabilities:

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

How much do they pay to care for a child with a disability? Non-working parents or guardians will receive 5,500 rubles. There are also compensation payments for the care of a disabled child to persons who are not legally the guardians or parents of the child, but actually look after him. Such persons can expect to receive a small allowance in the amount of 1,200 rubles.

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

You can also apply for payments and benefits through the MFC and the Unified Portal of Public Services. To assign payments and benefits at your place of residence, as a rule, you need: 1) an application; 2) passport; 3) a copy of the child's birth certificate; 4) certificate of medical and social expertise on the recognition of the child as disabled; 5) documents confirming the fact of registration of the child in the relevant subject of the Russian Federation; 6) details of the bank account for transferring the payment. Reference. The amount of cash payments to parents of children with disabilities in the city of St.
Moscow in 2017. Moscow parents of children with disabilities 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 to families with children with disabilities (Art. 12 Law of the City of Moscow dated November 23, 2005 N 60;

Payments for children with disabilities

Heading “benefits and benefits for disabled children”

What benefits are available to parents of children with disabilities?

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

A low-income family is a family whose average per capita income is below the amount annually established by the Moscow Government in order to implement the Law of the City of Moscow dated November 3, 2004 N 67 “On Monthly Child Benefit”.
In the RUSZN, a child’s birth certificate; an extract from the examination certificate at the ITU bureau; the work book of the parent who cares, or a certificate from the PFR on the absence of accruals of insurance premiums for wages; a certificate from the housing authority on the registration of the child at the place of residence together with the parent; certificate from the registry office on the grounds for entering information about the father of the child (for single mothers) or the mother of the child (for single fathers) into the birth certificate; certificate of divorce (for divorced parents); death certificate of the father (mother) of the child (for widows, widowers); an agreement on the transfer of a child to a foster family (for foster parents) an agreement on foster care (for foster care) 7. Monthly compensation payment to a disabled child and disabled from childhood under the age of 23 who has lost a breadwinner 1200 rubles.

home— Allowances for adoptive parents in Moscow

One-time allowance for the transfer of a child to a family

1. Federal law No. 81-FZ dated May 19, 1995 "On state aid to 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 dated 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 with a brother (sister)

Benefit Documents:

1) application for benefits

2) passport of the adoptive parent(s)

3) birth certificate

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

5) documents confirming the disability of the adopted child

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) identity card

2) residence permit

3) permission for the times. accommodation

4) labor. book or contract

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

6) refugee certificate

PAYMENTS UNDER THE LAWS OF MOSCOW

One-time compensation for the costs of adopting a child

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

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

a) the first child - 5 lived. min
b) second child - 7 lived. min
c) third child and subsequent children - 10 lived. min

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

The allowance 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 of execution of 18 years for the adopted child (incl.).

Benefit Documents:

1) ID card of the adopter

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

3) birth certificate

4) a court decision on adoption that has entered into force (requires entry mark)

5) certificate of adoption

6) a single housing. document or certificate of housing. authorities on the place of residence of the child with the adoptive parent

7) a copy of the document with bank details and account number of the adopter

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

9) a certificate from the social security authority of Moscow at the place of residence of the spouse (s) of the adopter about the non-receipt of a monthly allowance (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 sites: nam-pokursu.ru, lgoty-vsem.ru, izbudgeta.ru, 11-2.ru, mosfo.ru.