Do children in care have the right to housing?

According to statistics, about half a million children become orphans in our country every year.

Just a few years ago, children were sent to special orphanages.

But today the state policy is aimed at placing minors left without parents and close relatives in other families.

This is how many people arrange guardianship for orphans. The question of whether housing is provided for children under guardianship is quite relevant.

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There is no shortage of children's smiles in the family of Svetlana Zachesova and Konstantin Leochko.
Eleven children, ten of whom are adopted. The first girl, Alena, was adopted back in 2007. My own son Andrei, who was then barely four years old, helped make the decision. “My husband and I, of course, were ready for a second child, we went through foster parenting school, and received permission to accept the baby into the family. During the training, I learned that in the shelter in our area there is a five-year-old Alena, very similar to me. Soon Andryusha met her, the children played on the playground and became friends. One day he told me: “Mom, let’s invite Alena to visit.” The girl came to our home and never left, she became part of the family,” recalls Svetlana. She admits that she always dreamed of a big family, and the children’s desire to have a brother and sister only encouraged the couple to seek guardianship again. “I took the documents, and they told me about Vika and Vitalik, who were left without parents. The boy was a year younger than Andrei, and Vika was the same age as Alena and looked like her, like a twin sister. The children met and

We decided that we needed this. So there were four guys. But I also had a dream about a little girl,” admits Svetlana. “When I told social security about this, they showed us six-year-old Dasha. It turned out that she has older brothers and sisters, Kristina and Nikita. And again it turned out that Nikita was the same age as the boys, and Christina was the same age as Alena and Vika. We decided to think about it and get to know the elders. We invited them to visit, then again and again. And then I suggested to them: “Guys, stay.”

A few days later, when the family was filling out documents, the guardianship representative told them about the little girl Ulyana, who had recently ended up in an orphanage. “We went to meet each other and came back together. This happened in 2014 and was perhaps the most difficult moment: there were twice as many children in the family. But we managed. Ten of us lived for five years. They weren't looking for anyone. The older girls celebrated their majority and moved into their apartments received from the state. Last year, on September 1, when we were helping them fill out documents for housing, it turned out that Kirill ended up in a shelter in a neighboring area. The boy lost his mother, and his relatives refused to help him. We decided that we should not abandon the child in a difficult situation. So we had another son,” continues Svetlana.

All this time, family and friends supported the large family. But they began to visit less often - after all, it’s not easy to arrange a reception with such a crowd. Instead, the family now prefers to meet friends in parks, enjoys bike rides, hanging out at a water park or at a roller skating rink. Their great passion is camping, family cinema and board games.

To support the family, parents work a lot. Svetlana is a realtor, Konstantin is a programmer.

- How do you manage to do everything? — I ask a mother with many children.

— We draw up a schedule for the day, clearly distribute responsibilities. And if there is no favorite job, how to explain to children why they need to study and improve? Besides, children are a really expensive pleasure. We spend a lot on clubs, for example, the younger girls study rock and roll and participate in competitions. And sometimes the school curriculum has to be tightened up, especially before preparing for the Unified State Exam or Unified State Exam. This means you need to hire tutors.

Family values

Thanks to parents like Svetlana and Konstantin, over the past 10 years the number of orphans living in boarding schools in the capital has decreased by 3.3 times. Almost 19 thousand children, or 94 percent, were placed in foster care. The remaining 1,317 children live in 20 centers for promoting family education and are waiting for adoptive parents. The capital's authorities are trying, first of all, to ensure that children remain in their family of origin. And only when this fails and they are left without parents, the city helps with their placement in foster families.

...The Titovs are raising six adopted children plus seven of their own. In September 2015, Valentina and Victor took into their family two sisters, Kristina and Alina, who lived in the orphanage for seven years. The grandmother visited the girls and promised to pick them up every time, but alas! Now the sisters are 17 and 15 years old. They go to school and please their parents with A's and B's. Already in February 2021, the Titovs took two more twin boys, four-year-old Orlando and Christiano. The parents were not embarrassed by the health of their children: they had congenital bilateral sensorineural deafness. Valentina decided to give the children cochlear implantation - an operation to install an electronic device that makes it possible to hear. Contrary to the doctors' predictions, the boys not only heard, but also spoke well. They are now in second grade and read and write well. For now, they can’t just ride on the slide with other boys - it takes time for their health to recover.

Having adopted a child, mothers and fathers begin to receive city payments

Last year, there was another addition to the family - two more children appeared, three-year-old Nastya and four-year-old Seryozha. The kids didn't speak at all. In the new family, Nastya began to babble in the first month and a half, and Seryozha also made great progress. Psychologists confirm: even in the atmosphere of a family shelter, where children are treated individually, it is possible to overcome the most complex illnesses.

“It’s not easy with adopted children; as a rule, many have delayed mental development, and you need to constantly work with them, but it’s worth it,” Valentina is convinced.

Can a child under guardianship apply for housing?

The question of whether an adopted child has the right to claim the guardian’s apartment is quite relevant. According to the law, neither the guardian nor the ward has rights to each other's tangible or intangible property.

The Civil Code states that a child under guardianship can be an heir:


  • by will . If the adoptive parent has written a will for the adopted child, then after the death of the guardian the apartment is provided to the ward. But relatives of the deceased also have the right to claim living space;

  • in law . If the ward is not a relative of the guardian, he does not have the right to inherit by law. But if the child was disabled by the day of the death of the adoptive parent, was dependent on the deceased testator for at least 12 months, and lived in the same apartment with him, then he has every right to claim living space. Even if there are other heirs by law, the adopted child, on an equal basis with them, can fight for the right to part of the apartment.

It is better for the adoptive parent to think in advance about bequeathing an apartment to his ward, since when drawing up a will certified by a notary, the child will already be guaranteed to be provided with living space.

Congratulations! You are parents

Spouses who want to adopt or take custody of children in Moscow can receive consultations from specialists at foster parent schools. Here they will be told what documents they will need, what benefits they can count on, how to help their child adapt to a new family and avoid conflicts, as well as how to raise children with disabilities. There are 33 schools in the city - it’s better to choose the one closest to your home. Registration for two-month classes is available on the “My New Family” portal. There is also a data bank of orphans. Special filters will help you choose the gender, age, and even color of the child’s hair and eyes.

After graduating from school, future parents are issued a permanent certificate and can begin collecting documents for the guardianship and trusteeship authorities. Having accepted a child into the family, mothers and fathers begin to receive social benefits. Monthly payments per child range from 17.4 thousand to 29 thousand rubles, as well as remuneration - 16.7 thousand rubles for each child (for a disabled child - 28.4 thousand rubles). In addition, parents receive a one-time compensation payment to reimburse expenses in connection with the adoption of a child: 89,205 rubles for the first adopted child, 124,887 rubles for the second and 178,410 rubles for the third adopted child and subsequent children.

By the way

Orphans will be able to receive a certificate for the purchase of housing from January 1, 2021

MOSCOW, February 25. /TASS/. Orphans will be able to receive a certificate for the purchase of housing property from January 1, 2021. The corresponding bill was prepared by the Ministry of Education and posted on Tuesday on the federal portal of draft regulatory legal acts.

“The bill proposes that persons from among orphans and children without parental care, who were previously classified as orphans and children without parental care, be issued a state housing certificate - a personal document certifying the right to a one-time receipt at the expense of the subject’s budget of the Russian Federation, within the limits of budgetary allocations established for the current financial year, payments for the acquisition of residential property,” the explanatory note to the bill states. It is expected that the law will come into force on January 1, 2021, and the payment will be 1.5 million rubles.

It is clarified that at the moment there are more than 279 thousand people on the waiting list for housing for orphans, about 191 thousand of them have already received this right, but have not realized it.

Now the law requires regional authorities to provide mature orphans who do not have housing with comfortable living quarters. According to the Ministry of Education of the Russian Federation, at the end of December 2021, the total queue for such housing was 277 thousand people, and those who were already 18 years old on December 1 - 186 thousand. In order to simultaneously from 18 years old, to provide apartments will require 247 billion rubles. In 2019, 7 billion 100 million rubles were allocated from the budget to solve this problem, and about 28 billion rubles were allocated from the regions.

Earlier, Deputy Prime Minister Tatyana Golikova, following a meeting on the housing problems of orphans, which was held in December 2021, reported that Dmitry Medvedev, who held the post of Prime Minister at that time, ordered the development of a program designed for six years, as a result of the implementation which should completely solve the problem of housing for orphans. She also noted that following the meeting, an instruction was given to study the issue of not only providing housing within the framework of social rent, but also the possibility of providing state housing certificates, mortgages and other compensation payments.

According to monitoring data from the Accounts Chamber, more than 30% of regions indicate an insufficient level of funding in the area of ​​providing housing for orphans. The Accounts Chamber noted that in general in the Russian Federation the situation regarding the provision of housing for orphans has not improved, and the established powers of the executive authorities of the constituent entities of the Russian Federation are not being carried out properly.

In 2021, the Accounts Chamber proposed, as one of the ways to solve the problem, to provide housing certificates to orphans who have been in line for free housing for more than 10 years. It was assumed that they could be used to buy a home, improve living conditions or pay off a mortgage.

New house

Since 2014, the city has launched a unique pilot project to provide financial support to foster families who have adopted five or more children aged 10 years or older or disabled children. Within its framework, foster families receive apartments based on 18 square meters. m per person. Within 10 years, parents must take in additional adopted children to replace those who have reached their 18th birthday. After this period expires, the apartment becomes their property. During the implementation of the project, 46 families became participants, who took in 286 children.

What support measures were offered for orphans?

The ONF proposes to include in the national project “Housing and Urban Environment” a target to provide housing for all orphans. This, as stated by the head of the Department of Priority Projects and Strategic Initiatives of the ONF, member of the Public Chamber Yulia Zimova , should speed up the fulfillment of obligations to orphans, as well as provide for larger federal co-financing.

Also among the proposed measures is to provide preferential mortgages at 2-6% per annum for orphans who use housing certificates. In February 2021, the Russian government submitted a corresponding bill to the State Duma. They offered to pay the orphans 1 million 487 thousand rubles, with these funds they will be able to independently purchase housing.

The ONF proposes to extend the validity of such certificates not only to the region of residence of the citizen, but throughout the country.

The press service of Deputy Prime Minister Tatyana Golikova confirmed that the ONF initiative is under consideration. Deputy Chairman of the State Duma Committee on Housing Policy and Housing and Communal Services Sergei Pakhomov said that preferential mortgages will become a relevant support measure. The Accounts Chamber, in turn, reported that the chamber will support all proposals that are aimed at reducing and eliminating the state’s debt to orphans.

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