One of the main signs foster family is an agreement on the creation of a foster family.

This agreement is a bilateral one. One party to the agreement is the guardianship and trusteeship authorities, which are vested with authority. On the other hand, there are adoptive parents, and these can be either a married couple or a single citizen. If the persons are not married, then they cannot be parties to this agreement.

The agreement on creating a foster family is fiduciary, that is, it is of a personal nature.

An agreement on guardianship and trusteeship on a reimbursable basis is concluded in relation to one or more minors.

The issue of the legal nature of the contract is debatable. Researchers hold several points of view regarding the essence of the foster family agreement.

Supporters of one position see it as labor in nature, others classify it as a civil law contract, others classify it as a family law contract, the latter consider the contract to be mixed, combining elements of other contracts.

Supporters of the labor nature of relations, for example G.S. Skachkova, argue that raising a child in a family is a certain labor function. Work to perform such functions is performed for a fee, i.e. for remuneration paid to adoptive parents by the guardianship and trusteeship authorities acting as an employer.

Analyzing the provisions Family Code RF, Rules for concluding an agreement on guardianship or guardianship, Rules for creating a foster family, we come to the conclusion that these regulatory legal acts do not contain information about the labor nature of the activities of foster parents. Moreover, the term “remuneration” is used, not “wages”.

The similarity with an employment contract can only consist in the personal performance of his duties by the guardian. However, the range of responsibilities of a guardian is broader than that defined by Art. 56 Labor Code RF.

The subject of the foster family agreement indicates that the performing party is required to make efforts aimed at raising, developing, and caring for the health of the child. In addition, adoptive parents, unlike employees under an employment contract, are free to perform their duties and do not depend on working conditions and internal labor regulations. Their activities are not limited to certain working hours, but occupy all their free time.

Provisions of Art. 152 of the Family Code of the Russian Federation speaks of the application to this agreement of the rules of civil law on the paid provision of services and legislation on guardianship and trusteeship.

Some researchers do not classify the agreement on creating a foster family as any type of agreement. For example S.Yu. Chashkova, justifies this position by the fact that the fulfillment of their duties by adoptive parents is of a reimbursable nature. On the other hand, these relationships are of an obligatory nature. In this regard, these relations cannot be identified with civil law ones. The state shifts the responsibility for caring for children in need of care to private individuals.

This statement does not seem entirely accurate; here the state retains the responsibilities of checking living conditions, ensuring the safety of the property of wards and others, and provides assistance in satisfying the private interests of citizens.

The essential terms of the foster family agreement are contained in the articles of the Family Code of the Russian Federation.

In the foster family agreement, in accordance with the provisions of Art. 153.1 Family Code Russian Federation, must contain information about the child or children who are being fostered in foster family, in particular name, age, information about health status, physical and mental development. The agreement must reflect provisions on the duration of the agreement, on the conditions of maintenance, upbringing, education of the child or children, on the rights and responsibilities of adoptive parents, guardianship and trusteeship authorities. The agreement must contain provisions on the grounds and consequences of its termination.

Concluding an agreement through a representative is unacceptable.

Art. 153.2 of the Family Code defines the procedure for terminating a foster family agreement. This agreement is terminated in accordance with the termination of obligations in accordance with civil law, as well as in connection with the termination of guardianship or trusteeship.

If the child’s place of residence changes, the contract is subject to termination. An agreement is concluded for a new place of residence.

The Family Code contains an open list of valid reasons why adoptive parents may refuse a foster family agreement.

In the presence of illness, changes in property and marital status, lack of mutual understanding with the child, conflicts between children and other reasons.

On the other hand, the guardianship and trusteeship authorities may refuse to fulfill the agreement if unfavorable conditions arise for the family for the upbringing, education, development of the child, when the child or children are returned to the parents, or when children are adopted.

If there is a significant violation of the terms of the contract by one of the parties, the other party has the right to demand compensation for losses caused by termination of the contract.

The purpose of concluding a foster family agreement is to realize the child’s right to be raised in a family, and not for the parties to receive services under a paid agreement.

That's why great attention is given to moral and personal qualities adoptive parents. Creation of a foster family and realization of the right to family education property relations arising from the contract are also subordinated. In accordance with the legislation of the constituent entities of the Russian Federation, the amount of remuneration for adoptive parents is established, as well as measures social support. The scope of these measures depends on the number of children taken into care.

This agreement contains elements of publicity, which are manifested in several points. One party to the agreement is the guardianship and trusteeship authorities, which are vested with authority. The content of the agreement is largely determined by the provisions of regulatory legal acts. Payment of remuneration to adoptive parents and payments for the maintenance of children are carried out at the expense of funds from the budgets of the Russian Federation and municipalities. Termination of the contract unilaterally is possible by decision of the guardianship and trusteeship authority.

Currently, within the framework of this issue, the development and approval of uniform form agreements on the transfer of children to foster families.

One of the components of the proper upbringing and development of children in a foster family is proper material support foster families by paying remuneration to foster parents.

To protect the rights and interests of foster families, we consider it appropriate to supplement clause 2 of the Rules for the exercise of certain powers of guardianship and trusteeship authorities in relation to minor citizens, instructing authorized organizations to provide professional support, including legal support, for the entire duration of the foster family agreement.

In addition to the agreement on the creation of a foster family, contractual regulation also applies to the agreement on the preparation and support of foster families. The agreement on the support of a foster family is tripartite. One side is the guardianship and trusteeship authority, the other is an authorized organization that prepares and supports foster families, the third is citizens who are raising children left without parental care.

The contents of the agreement indicate the rights and obligations of the parties to the agreement. The main rights of the guardianship and trusteeship body are: request information from the authorized organization and guardians, which is necessary to fulfill the terms of the contract, demand that the guardians eliminate violations in the execution of the contract, and if the guardians fail to comply with the contract, initiate its termination. The main responsibilities of the guardianship and trusteeship body are: monitoring the implementation of an individual family support program, the dynamics of the development of a child placed in a family for upbringing, assisting the authorized organization in the preparation and implementation of an individual program of foster family support, providing assistance to adoptive parents, taking protective measures rights and legitimate interests of the child.

The authorized organization under the foster family support agreement provides legal, consulting, psychological, medical and other assistance to the family in accordance with the individual support program. The contract may stipulate that this assistance is provided on the basis of an authorized organization, at the place of residence of the adoptive family, as well as through mobile communications and the Internet.

The authorized organization monitors the development of the child in the foster family, participates in checking his living conditions, and on the basis of this can decide to adjust the individual support program. The organization providing support is obliged, at the request of the guardianship and trusteeship authority, to provide information on the implementation of an individual program of support for a foster family. The organization has the right to request information from guardians and the guardianship and trusteeship authority to fulfill the terms of the contract, visit the family in accordance with the support program and, if the guardians do not comply with the terms of the contract, initiate its termination.

Persons who have taken in a family a child left without parental care are obliged to provide reliable information about themselves, the child who has been placed in the family for upbringing, and other family members to the extent necessary to fulfill the accompaniment agreement. Guardians are obliged to inform the guardianship and trusteeship authorities and the authorized organization about changes that are important for the execution of the support agreement: their data, place of residence, telephone numbers, email addresses. Guardians are required to implement an individual support program and ensure the family’s participation in activities related to the implementation of this program.

Guardians have the right to receive legal, advisory, psychological, medical and other assistance in accordance with the family support program, receive information from other parties to the agreement about the terms of the agreement, terms, goals, expected results of family support, make proposals for the implementation of the program, and participate in the development the specified program. Guardians have the right to initiate termination of the contract if other participants fail to comply with its terms.

Disputes and disagreements arising during the execution of the contract are resolved through negotiations. Controversial issues on which it was not possible to reach agreement are resolved in accordance with federal legislation and the legislation of the constituent entities of the Russian Federation.

The agreement provides for conditions for its early termination. The contract may be terminated at the initiative of the guardians at their request if there is no need to provide support services, at the initiative of the guardianship and trusteeship authority and the authorized organization if the terms of the contract are not fulfilled by the other parties.

The contract is terminated when the child (children) reaches the age of 18 years or when they acquire full legal capacity before reaching the age of majority, in the event of termination of guardianship and trusteeship, in the event of the family moving to another place of residence that is located outside the territory covered by the guardianship authority and trusteeship and authorized organization.

Thus, the activities of a foster family are carried out on the basis of an agreement concluded with the guardianship and trusteeship authorities. Current problem is the approval of a unified form of agreement on the creation of a foster family, as well as agreements on the preparation and support of foster families.

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Foster family is a type of care in which adoptive parents receive monthly payments from the state for raising children. In relation to the child, adoptive parents are guardians. To register a foster family, you need to conclude a special agreement with the guardianship authorities. The foster family agreement contains the obligations of the new parents towards the minor. At the legislative level, this issue is regulated by the Family Code of the Russian Federation.

Characteristics of a family wishing to foster children

Trustees can be either individuals or spouses who meet the requirements for candidate trustees. They bear full responsibility for the ward and are responsible for failure to fulfill the duties assigned to them.

Features of document preparation

The document is drawn up in writing, one copy for each party.

The agreement on creating a foster family contains the following information:

  1. Title of the document, place and date of preparation.
  2. Name of the guardianship and trusteeship organization, full name of citizens wishing to foster a minor.
  3. Detailed information about the child: full name, date of birth, health characteristics, mental and physical development.
  4. Conditions of detention, upbringing, education of the ward.
  5. The amount of financial support allocated to guardians for the maintenance of the ward.
  6. Description of social support measures.
  7. Rights and responsibilities of trustees.
  8. Rights and obligations of guardianship authorities in relation to guardians.
  9. Validity period, reasons and consequences of early termination.

The agreement is signed at the place of residence of the ward. If the family changes its place of residence, the document must be re-signed with the new guardianship council.

You can familiarize yourself with the main points of the agreement by looking at a sample agreement concluded between the guardians and the board of trustees.

1. An agreement on a foster family must contain information about the child or children being placed in a foster family (name, age, state of health, physical and mental development), the validity period of such an agreement, the conditions of maintenance, upbringing and education of the child or children, rights and the responsibilities of adoptive parents, the rights and obligations of the guardianship and trusteeship authority in relation to adoptive parents, as well as the grounds and consequences of termination of such an agreement.

2. The amount of remuneration due to adoptive parents, amount cash for the maintenance of each child, as well as social support measures provided to the foster family depending on the number of children taken into care, are determined by the agreement on the foster family in accordance with the laws of the constituent entities of the Russian Federation.

Law No. 49-FZ of April 24, 2008 introduced new articles regulating the content of the foster family agreement and the procedure for terminating such an agreement (Clause 21, Article 2 of Federal Law No. 49-FZ).

1. An agreement on the transfer of a child (children) for upbringing to a foster family is concluded between the guardianship and trusteeship authority at the place of residence (location) of the child and the adoptive parents. If a child lives in the territory of one local government body, and the foster family lives in the territory of another, then when transferring the child to a foster family, it is possible to conclude a tripartite agreement.

An approximate form of the agreement is given in Appendix No. 1 to the Regulations on Foster Family.

A sample agreement on the transfer of children and the conditions of their maintenance includes basic provisions typical for any foster family, which, accordingly, can be supplemented or changed by agreement of the parties. The essential terms of the contract include the social and psychophysiological characteristics of the child (children) transferred to be raised in a family: incl. name, age, physical and mental development child.

The regulations on foster families indicate that an agreement on the transfer of a child to a foster family must provide for the period for which he is placed in a foster family (clause 15), but in practice, in terms of the term, this agreement can be of two types:

– unlimited. In this case, it is valid until the child turns eighteen years old (if the child acquired full legal capacity before the age of majority - before marriage or emancipation);

- for a certain period. A fixed-term contract is concluded, for example, when transferring a child with a chronic illness or a disabled child.

Subsequently, depending on the state of health, the contract is either terminated or extended for a new period.

In accordance with the agreement, adoptive parents undertake to raise their adopted child (children) on the basis of mutual respect, organizing common life, leisure, and mutual assistance. Adoptive parents must create sufficient conditions for the child to receive an education, take care of his health, physical, mental, spiritual and moral development, as well as protect the rights and legitimate interests of the adopted child. In particular, the contract must contain the obligation of parents to provide care for the child (children) and treatment, systematic visits to specialist doctors in accordance with medical recommendations and the child's health status. With regard to ensuring the child receives an education, adoptive parents must ensure attendance adopted child(children) of the school, monitor his progress, maintain contact with teachers and educators of this institution. If a child is unable to attend school due to health reasons, ensure that he or she receives education in the forms established by law that are accessible to the child.

In accordance with the norms of this chapter (21) of the Family Code, as well as the Regulations on Foster Family, the agreement on creating a foster family obliges adoptive parents to protect the personal and property rights of children, bear responsibility for their life and health, and create a family environment. The implementation of these duties is monitored by the guardianship and trusteeship authorities.

By legal nature, this is a civil contract and, accordingly, due to the principle of freedom of contract, it can contain any conditions that correspond to the interests of the child and the parties to the contract.

Distinctive features of the agreement on the transfer of children to foster care is that its execution is closely related to the identity of the participants and therefore the parties, when concluding it, cannot resort to the help of a representative or perform the necessary actions by proxy. In accordance with the current legislation of the Russian Federation, adoptive parents are required to personally fulfill the obligations they have assumed under the contract. Therefore, under no circumstances can they transfer their rights and obligations under the contract to others.

The content of the agreement on the transfer of a child to a foster family is important for the full protection of the rights of the child. Because of this, the text of each agreement can be individualized taking into account the individual characteristics of the child, the potential parent-educator and the specific situation. This is the main meaning of the agreement. For example, it could provide for children to separate rooms or their refurbishment, purchasing clothes for children depending on the climatic conditions of the area where the foster family lives, purchasing the necessary educational supplies or special items for the child’s additional activities, etc.

The grounds and legal consequences of termination of the agreement on the transfer of a child to a foster family are regulated by the norms of Article 153.2 of this Code.

2. Payment for the work of adoptive parents is carried out in accordance with the rules established by civil legislation, in accordance with Art. 709 of the Civil Code of the Russian Federation and is determined by agreement of the parties. Therefore, the parent-educator receives payment by virtue of a special law.

Adoptive parents receive wages in the amount established by the law of the constituent entity of the Russian Federation on the remuneration of adoptive parents. The salary of adoptive parents, according to the norms of the commented article, depends, in particular, on the number of children taken into care.

In addition to funds for paying foster parents and maintaining foster children, there are also a number of benefits and rights provided to the foster family as a whole.

The regulations on the foster family indicate that in order to purchase food, the foster family is attached to food banks and stores. The guardianship and trusteeship authorities can allocate funds to the foster family for heating, lighting, routine home repairs, purchasing furniture and paying for household services. Finally, the foster family (both children and parents) have the right of priority to receive vouchers to sanatoriums, health camps, holiday homes, etc. If the foster family takes in three or more children and does not have the appropriate premises, the guardianship authorities and trustees may assume the responsibility to provide them with living quarters - a residential building or apartment.


1. An agreement on the transfer of a child to a foster family is concluded for each minor. This agreement records all his personal data: first name, patronymic, last name, age. If possible, information about the parents and the reasons for the loss of parental care are also reflected. A special place in the contract is given to the student’s health status, indicators of the level of his mental and physical development, which will allow him to further determine his treatment, recovery, and education. Moreover, the transfer of a minor who has reached the age of 10 years is carried out only with his consent.
The agreement on the transfer of a child to a foster family is a bilateral one. On the one hand are the guardianship and trusteeship authorities, on the other - the person who assumes the responsibilities of a foster parent, which may include either a single woman (man) or both spouses who are to be the foster mother and father. If persons in loco parentis are in a de facto (civil) marriage, then they cannot be parties to the contract (see commentary to paragraph 1 of Article 153 of the Family Code).
The other party to the agreement is the guardianship authority at the place of residence (location) of the minor. Since there is a bilateral agreement, each party becomes the owner of certain rights and bears certain obligations. For adoptive parents, these are general rights and obligations provided for by family law. At the same time, the contract reflects the rights and obligations related to the age, state of health of the student, the characteristics of his education, and treatment. As for the guardianship and trusteeship authorities, they are not free from certain obligations in relation to the foster family, which they not only control, but also provide them with the necessary assistance (in home education, placement in medical institution, providing transport for vacation trips, etc.). Among the important responsibilities of the guardianship and trusteeship authorities is the payment of benefits due to each pupil, and the salary due to the parent-educator. The amount of remuneration to the parent and funds for the maintenance of children depends on the number of pupils, which may be few (one) or many (eight, and in exceptional cases more, taking into account relatives and adopted children).
The agreement on the transfer of a child to a foster family must stipulate the period for which it is concluded, i.e. length of stay of the child in the foster family. In practice, he is considered her pupil until adulthood.
2. A special place in the agreement on the transfer of a child to a foster family is occupied by an indication of the amount of money for the maintenance of each child and the remuneration due to the parents. The amount of amounts due is determined by the subject of the Russian Federation. They are paid from the budgets of the constituent entities of the Russian Federation, which receive a certain subsidy from the federal budget for such expenses.

Concept of foster family

The adoptive family is considered in two aspects.

Firstly, this is one of the forms of placement into a family of children left without parental care, on the basis of an agreement concluded between the guardianship and trusteeship authorities and adoptive parents.

Secondly, this is a separate institution of family law in Russia, first provided for by the RF IC in 1996. The main sources of this institute are: Ch. 21 of the RF IC, Decree of the Government of the Russian Federation of July 17, 1996 No. 829 “On foster families” and the “Regulations on foster families” approved by it.

Form and terms of the agreement Otransfer of a child to a family for upbringing

The agreement is concluded in simple written form and signed by an official of the guardianship and trusteeship authority and the adoptive parents. Children, regardless of age, do not participate in the conclusion of the contract.

The main terms of the contract include;

Rights and responsibilities of adoptive parents;

Responsibilities of the guardianship and trusteeship authority in relation to the foster family;

Duration of the contract;

Grounds and consequences of its termination.

Children placed in foster care

Children left without parental care, including those in child care institutions, are placed in foster care, namely:

Orphans;

Children whose parents are unknown;

Children whose parents are deprived of parental rights, have limited parental rights, are declared legally incompetent, are missing, or are convicted;

Children whose parents, for health reasons, are unable to personally raise and support them.

At the request of adoptive parents, children with poor health, sick children, children with developmental disabilities, and disabled children can be transferred to a foster family, provided that there are necessary conditions for their education.

When transferring a child to a foster family, his opinion is taken into account, and if the child has reached 10 years of age, then the transfer is possible only with his consent.

According to the Regulations on Foster Family, the total number of children in a foster family, including natural and adopted children, should, as a rule, not exceed eight people.

Adoptive parents

Adoptive parents can be adults of both sexes, both married and unmarried, with the exception of:

Persons recognized as incompetent or partially capable;

Persons deprived of parental rights or limited in parental rights;

Persons removed from the duties of a guardian (trustee) for improper performance of duties;

Former adoptive parents, if the adoption was canceled due to their fault;

Persons with illnesses that make it impossible to take a child into a foster family.

Termination of an agreement on the transfer of a child to a foster family

The agreement on the transfer of a child to a foster family is terminated:

Upon reaching the age of majority by the adopted child;

Due to the expiration of the contract.

The law also provides grounds for early termination of the contract.

At the initiative of the adoptive parents, the contract can be terminated early if there are valid reasons due to which the adoptive parents cannot fulfill their duties: illness of the adoptive parents, lack of mutual understanding with the child.

Early termination of the contract at the initiative of the guardianship and trusteeship authorities occurs:

If unfavorable conditions arise in the foster family for the maintenance, upbringing and education of the child;

When the child is returned to the parents;

When adopting a child, including by adoptive parents. The contract is considered terminated early from the moment the decision on its termination is made by the guardianship and trusteeship authority. This decision can be appealed in court.