02/08/2019 The Ministry of Education will submit a draft law on changing the procedure for the adoption of minors to the Government .

February 8 at the Public Chamber Russian Federation Hearings were held on the bill "On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children's Rights". The event was attended by Deputy Minister of Education of the Russian Federation T. Yu. Sinyugina.

During her speech, T. Yu. Sinyugina said that the department was ready to submit a bill on changing the procedure for the adoption of minors to the Government.

Over the course of six months, we met several times. And the reason for our meetings was an interested and indifferent conversation and work on the bill, which today is already ready for us to submit it to the Government, - said T. Yu. Sinyugina.

For reference

In December 2018, members of the Interdepartmental Working Group under the Ministry of Education of Russia prepared a draft law “On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children’s Rights”. The bill was posted on the federal portal of draft regulations for wide public discussion.

The draft law contains new approaches to the transfer of orphans for upbringing in families, which will allow developing the institution of guardianship, improving the conditions for training people who want to take an orphan child into their family.

For the first time, the draft law proposes to introduce the concept of "escort" into federal legislation. It is planned that this authority will be vested in authorized regional authorities and organizations, including NGOs.

Special attention in the document is paid specifically to the adoption procedure, there is added a provision on the procedure for the restoration of adoptive parents in the duties of parents, if they were previously deprived of such an opportunity.

Grisha is Sakhaya Ivanova's fourth child. When the baby was four months old, it turned out that he was seriously ill. It was not possible to make a diagnosis at the place of residence in Yakutsk. But he was sent to Moscow to the world-famous Dima Rogachev Center for Pediatric Hematology, Oncology and Immunology.

The number of orphans in Russia has more than tripled over 10 years: from 187 thousand to 51.8 thousand. Experts note that there are practically no healthy babies left in orphanages. However, in the last three years there have been fewer disabled people in orphanages, including those with such serious diagnoses as cerebral palsy and Down syndrome.

According to information from the federal data bank on orphans and children left without parental care, there are now 51.8 thousand children in Russia who are not placed in a family. This is 4.2% less than in October 2016. In just the last ten years, the number of orphans has decreased by more than three times (from 187 thousand people in 2006). This was told to Izvestiya by the head of the Adopt.ru portal (online version of the state data bank on children) Armen Popov.

He clarified that in the seven months of this year, 29.9 thousand orphans and children left without parental care were identified, and 42.6 thousand were placed in families. That is, one and a half times more children found a family than her lost.

The trend towards a reduction in the number of children in orphanages began five years ago. For example, from 2013 to 2014, the database of children has decreased by 12.4 thousand people.

According to Armen Popov, this result was achieved thanks to a targeted state policy and a change in society's attitude towards foster family. He noted that there are more and more families who are ready to take a child even with such a diagnosis as cerebral palsy (ICP). For example, the Moscow Knyaginin family brings up seven adoptive families, among whom there is a child with cerebral palsy. This year, she became one of the winners of the Moscow City Stork Wings Award, which was established by the Moscow Department of Labor and social protection of the population for their contribution to the development of family arrangements for orphans.

Armen Popov said that in the Moscow data bank 55% of disabled children, and 75% - teenagers 16-17 years old. But in recent years, there has been a persistent trend - children with disabilities are increasingly leaving orphanages and finding themselves in families. Thus, in the capital from 2013 to 2016, the number of children with disabilities placed in a family increased from 58 to 211 people.

We are noticing that foster families are increasingly taking children with Down syndrome. For me it was a question, but in the process of communicating with my parents, I understood why they do this. These are children, especially those who “give away” emotionally, so to speak. You do good to them - they pay the same. No wonder they are called "sunny" children, - explained Armen Popov.

According to the federal data bank on orphans, in 2016, 1,863 children with disabilities were adopted or taken into care. And according to Rosstat, the number of disabled children brought up in orphanages began to decrease in 2013 (minus 11.6%). In the next two years, the rates of decline were 20.6% and 13.5%. And in 2016 - 3.9%.

Yulia Zimova, First Deputy Chairman of the Commission for Support of Family, Motherhood and Childhood of the Civic Chamber of the Russian Federation, told Izvestia that most of the children with disabilities are adopted and taken under guardianship by residents of large cities. The infrastructure is better developed here, payments and benefits for foster families are higher. There are also many foster parents in the south of the country - among people living in private homes with their own land.

According to Elena Alshanskaya, President of the Volunteers to Help Orphans Foundation, there are fewer orphans in Russia, as deprivation is becoming less and less parental rights. According to Rosstat, from 2009 to 2016, the number of mothers and fathers whose children were taken away decreased from 72,000 to 41,300 people.

Security guards have become more careful. But this is not enough, - Elena Alshanskaya believes. - Unfortunately, they do not have professional training, are based on a subjective decision and do not cooperate with organizations that could offer assistance to the family.

In addition, the number of abandoned babies in maternity hospitals is decreasing. Here the creation of regional services for the prevention of abandonment of newborns plays a role. According to the statistics of Adopt.ru, from 2013 to 2015, the number of children abandoned by mothers at birth decreased from 5.8 thousand to 4.4 thousand.

Due to the high mortality of the population (32nd place in the world in 2017), the problem of orphanhood in Russia does not lose its relevance. If earlier this was done by private individuals and religious organizations, then since the twenties of the XX century the state has taken full responsibility for the care of minors.

It must be understood that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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Statistics in Russia show that in three recent years, the number of orphans whose data is placed in the federal database has decreased from 87 to 71 thousand, according to the results of 2018, experts predict 57 thousand children left without parents. Skeptics appeal to a decrease in the total number of children, as such. Boarding schools are being reformed: non-viable ones are closed (30% of the total number), others are enlarged and receive more funding (20-25% depending on the region).

Who are orphans

The definition of orphans is given in the framework of guarantees for minors who have lost parental care, in particular, those who have lost one or both parents are recognized as such. Situations where all parents have died or the surviving parent cannot raise the child have received legal application.

A related concept is the category of persons whose parents are alive, but either have renounced education (actually or legally). There are no special differences between the categories, with the exception of the adoption procedure, when it is necessary to establish the mandatory consent of the biological parents.

Institutions for orphans operate in the following forms:

1. Health care systems, such as the orphanage. A structural feature is the maintenance of very young children (up to 3 years old), who require special care, including medical care.
2. Education systems. The structure includes orphanages-schools, boarding schools. Children not only live, but also receive a general education, occasionally a special secondary education.
3. The social system, in particular in the case of disability and serious illness. This also includes temporary accommodation organizations.

The most common form is Orphanage, which can have the whole complex of residential, medical and educational institutions, less often corrective. Sometimes children study in a regular school, the rest of the time they are in the living quarters of the institution. Organizational issues are resolved on the basis of the regulations of the RONO (district department of education), regional laws. Employees of rehabilitation centers and guardianship authorities are involved in training and education.

Help for orphans in Russia

If it is impossible to exercise parental care, the authorities declare an expanded list of guarantees in Articles 6-10 of 159-FZ, in particular:

• simplified access to preparatory courses, including when entering a technical school;
• obtaining a second higher education without the need to pay tuition (some programs established by the Government);
• complete state provision persons for the period of study at universities, including payment for food, education itself, housing, overhead costs, including post-boarding support;
• participation in adoption programs, such as the system known as federal database of orphans;
• a one-time allowance for the purchase of books and teaching supplies;
• accommodation in boarding schools during the holidays as a guest;
• one-time purchase of clothes, shoes at the expense of the boarding school;
• academic leave at the university is paid if its appointment was due to medical reasons;
• free transportation to the place of study and back;
• free medical services at the level of VHI policies (including expensive surgeries and medicines);
• state vouchers for medical rest;
• provision of housing to orphans out of turn, if the premises intended for them from their parents cannot be transferred (parents are deprived of their rights), in other periods, rent is carried out at the expense of the budget. Preferential payment of utility services is established;
• judicial protection through a special procedure for considering cases, with the involvement of territorial guardianship authorities;
• guaranteed employment, including with the provided career guidance.

The implementation of rights is controlled by the Prosecutor's Office, therefore, any infringement of orphans may result in criminal liability.

Database of orphans

The state system is a monopoly, granting part of the rights to collaborating systems, volunteers and foundations, in particular, access to its own database and the implementation of other opportunities that are not taken into account in the state system. This is how the fund went. "Change one life" video passports of orphans in which are collected from all over Russia. This activity does not contradict the law on the prohibition of mediation, since all legal procedures go through the guardianship authorities, and the funds only inform citizens, advertise the concepts of foster families and adoption.

Adoption/adoption of orphans

The adoption procedure is regulated by the Family Code (), is the most common form of free (without regular payments) return of children to families ( 64% ). The law establishes the requirements for persons wishing to act as an adoptive parent:

1. A sufficient level of moral qualities, including a positive characteristic in society, in the workplace.
2. A financial situation that allows you to support a child, but does not infringe on the rights of your own children.
3. Housing position.
4. Adulthood (only after 18 years) and legal capacity.
5. Physical and mental health, including sufficient age (optimal at least 16 years difference, but not more than retirement age).
6. Absence of alcoholism and drug addiction.
7. If available, a positive experience of raising their own children (no parental rights are allowed), no previous unsuccessful adoptions and establishment of guardianship.

Adoption under the new law is not available to foreigners whose countries allow same-sex marriage, as well as US citizens (since 2013). Adoption by foreigners is established only in cases where there are no opportunities for raising a child in Russia (for example, in case of serious illnesses).

Step-by-step instruction:

1. Submission of documents to the guardianship authorities.
2. Acquaintance with children (in absentia may be even before the submission of documents).
3. Consideration of the case in court with the involvement of guardianship and the prosecutor.
4. Transfer and the child to the family.

To apply for an adoption, you must provide:

• application (including to the court). View and download here: ;
• conclusion of guardianship;
• medical certificate of medical examination;
• marriage document: ;
• certificate of employment and 2NDFL;
• autobiography.

guardianship and guardianship

Guardianship and trusteeship are established as an alternative (often paid, under an agreement on) the adoption procedure, in cases where citizens do not want to receive full rights and obligations in relation to an orphan. Alimony and inheritance rights in the relationship between the educator and the educated person are not established.

The priority right to become a guardian is transferred to the relatives of the child, less often to third parties.

You can become a guardian:

1. Capable, mentally and physically fit persons who have reached the age of majority.
2. Possessing a sufficient level of security with money and housing.
3. Determined as suitable for the child.
4. Able to educate and educate a minor, motivate him to development.
5. Not suffering from alcoholism (not using drugs).
6. No criminal record.

Guardians are given a sufficient list of rights and benefits to be able to raise a child and defend his rights in court. The guardian owns the property of the child, protects his safety, life and health, while obtaining parental rights (the ability to educate, communicate, live together).

Conclusion

The state is making efforts to reduce the social gap between children in families and orphans by implementing a set of measures, often in conjunction with foundations, including reducing adaptation problems and increasing socialization. The fundamental law is Family code, but some of the rules are established by additional guarantees in federal law:

1. Large-scale measures of psychological and pedagogical support, including educational, medical and social spheres.
2. Permissibility of participation of non-profit organizations such as database of orphans "Children are waiting", to use the data of federal systems.
3. The existence of various arrangements for placing orphans in families, including adoption, guardianship or foster families.
4. A large number of state institutions for the support, assistance and maintenance of children.

The most popular question and answer on orphans

Question: I am an orphan and plan to enter a higher educational institution after finishing school. What forms of study can I choose? Can I study by correspondence or at a paid department, but for free? What guarantees will the state give me? Anton.

Answer: Anton, persons with the status of orphans, in many life situations, have the right to use free public services, as well as education in institutions that have the appropriate license. Attention should be paid to 159-FZ, which establishes additional guarantees for orphans, including after the end of permanent residence in a boarding house.

According to the legislation, the only criterion for the availability of education for orphans is the successful passing of entrance exams. All further education, including accommodation, meals, medical care and tuition fees at a higher (or secondary specialized) educational institution, is carried out by the state at its own expense (Article 6 159-FZ). A similar right is given to training in preparatory programs for admission, other educational activities. The form of education does not matter.

If on summer vacation need to vacate the hostel educational institution housing will be provided as part of the boarding school. Moreover, upon reaching the age of 18, housing issues will disappear altogether - orphans are provided with housing on an extraordinary basis.

List of laws

Sample applications and forms

You will need the following sample documents.

How many orphans and disabled children are there in Russia, what are the forms of adoption, what should be the reforms for the prevention of orphanhood, what are the stereotypes of the perception of an orphan, what should be done to adopt a child? Figures and facts.

Walter Langley, The Orphan (1889).

There are about 650,000 orphans and children left without parental care in Russia. At the same time, there were about 100 thousand children in Russian orphanages as of September 2013 (the majority of orphans - more than 500 thousand - are being raised in families).

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

At the same time, there is a steady downward trend in the number of children placed in foster families. In 2012, 58.8 thousand children were transferred to family forms of placement (in 2011 - 67.5 thousand, in 2009 - 86.6 thousand). On the one hand, this is due to a decrease in the number of children identified annually as left without parental care, as well as a decrease in the number of pupils who are in organizations for orphans and children left without parental care. On the other hand, this may be due to the fact that there are many children with disabilities, adolescents or children with a strong attachment to the birth family left in orphanages. These categories of children are difficult to arrange in families (for comparison: in Ukraine, the number of children transferred to family forms of education is growing every year).

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

Among the orphans in orphanages there are 17.5 thousand disabled people. In total, there are 576,000 disabled children in Russia. In most cases, these children are disabled with mental disorders. Although the allowance for a disabled child was increased in 2013, as well as the amount of the lump sum for those parents who adopt children with disabilities, state support does not cover even one tenth of the needs of such families.

In Russia, the system of secondary education does not meet the needs of disabled children, there is no qualified rehabilitation and health care, such children are deprived of further social and educational prospects. Disabled people with mild mental or mental disabilities cannot get a job (whereas in developed countries, for example, people with Down syndrome are required to be hired for simple work). Many potential adoptive parents are stopped by the fact that after the death of the adoptive parents (in most cases, the adoptive parents are people of middle and older age), the disabled person is doomed to social death - placement in a psycho-neurological boarding school, where he will be isolated from society until the end of his life and will most likely lose all acquired social skills. The way out of the situation can be the organization of training apartments, private houses cohabitation disabled people under the supervision of healthy people, etc.

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

By 2018, the government of the Russian Federation has set the task of halving the number of orphanages. Over the past four years, the number of public orphanages has decreased from 1,770 to 1,344 (data as of May 2013). In Moscow in 2013, state orphanages were focused on the transfer of children to families: each orphanage received an appropriate order, the implementation of which depends on the amount of salaries and further employment of directors of institutions. Within a few years, two types of orphanages are planned to be left in Moscow: small-sized (less than 30 people) and family-type orphanages. In accordance with the presidential decree of December 28, 2012, an item on the proportion of children left without parental care was included in the list of indicators for assessing the effectiveness of the activities of the executive authorities of the country's constituent entities.

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

In 2013, a reform of the system of orphanages began in Moscow, where a baby left without parental care is forced to stay until the age of 5. During this time, the child significantly loses in development due to lack of attention, communication and, in fact, through the efforts of the state system, is forcibly protected from all needs, except for vital ones. In Moscow, 7 orphanages were closed, since 2014 it is planned to transfer the remaining 10 institutions under the jurisdiction of the Department of Social Protection (previously they were under the jurisdiction of the Department of Health) and establish the process of promptly transferring children to families there. Unlike Moscow, the problem of orphanages is still relevant for other Russian regions.

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

Photo from http://fishki.net/anti

The procedure for placing a child in a family

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

Adoption assumes that all rights and obligations adopted child equal to the rights and obligations of their own children. In most cases, this form is used when we are talking about babies.

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

foster family- guardianship or guardianship of a child or children that are carried out under an agreement on a foster family, concluded between the guardianship and guardianship authority and the adoptive parents or foster parent, for the period specified in this agreement. Guardianship authorities are obliged to check and help the foster family. Foster parents receive a monthly remuneration and funds for the maintenance of the child.

Temporary transfer of children to families- transfer of children to families for the period of holidays, weekends or non-working public holidays and in other cases for a period not exceeding 1 month. As a rule, it is used in emergency cases, while relatives collect documents for guardianship or a foster family.

Patronate form of the device- on the this moment almost never used. The difference between foster care and guardianship and adoption, first of all, is that this form allows for the selection of families, vocational training and support of the family after the adoption of the child.

Basic requirements for adoptive parents:

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

Steps to adoption:

– Obtaining the status of a candidate for adoptive parents
– consultation in the guardianship and guardianship authorities;
- training at school for foster parents;
- collection required documents;
- obtaining an opinion on the possibility of being an adoptive parent;
- registration with the guardianship authorities.

— Selection and acquaintance with the child
– acquaintance with the general base of children left without parental care;
- obtaining a referral for acquaintance and acquaintance with the child;
- adoption decision.

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

Problems of placement of children for upbringing in a family

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

As before, many orphanages, especially homes for children with disabilities, are semi-closed institutions, where it is difficult for volunteers and public organizations(Moscow is an exception, where government agencies are required to allow volunteers). Many state orphanages still have more than 100-200 children, which undermines the idea of ​​individual care and attention in relation to each child.

In the process of adoption the interests of not the child, but of the potential adoptive parent are put at the forefront. The official website, where the federal database for children left without parental care is published, literally assumes the selection of a child by eye color, hair color, etc. The system is built on the principle of a store and proceeds from an attempt to persuade potential parents to take a child, while in world practice a child is not selected for a parent, but on the contrary, a parent is selected for a child. In order to change this approach, you need to rebuild the system, create a database of adoptive parents. A particular child needs to select a parent depending on the individual qualities of the child and his characteristics.

Not many in Russia dare to take orphans to be brought up in a family. Often this is due to stereotypes: a negative attitude towards the fact of adoption of a child, the desire of parents for the obligatory success of their (adopted) child. For various reasons, having a foster child in Russia is considered shameful.. Foster parents in most cases wish to adopt blue-eyed beautiful babies, whom they hope to raise as their own children. Many are not ready for the real situation (most children are teenagers over 10 years old with their own sad childhood history or disabled people).

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

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