Certain categories of persons who have a criminal record, certain diseases or who do not meet the requirements will not be able to become guardians. Specific groups of such citizens are indicated in the family legislation of the Russian Federation.
Russian legislation sets quite high requirements for applicants for the role of guardians, since the priority task is to comply with the interests of children. That is why the Family Code of the Russian Federation identifies several groups of persons who, under no circumstances, will be able to receive a positive decision from the guardianship authorities. The most common category of persons subject to restriction are those citizens who have or have had a criminal record, and have also been prosecuted for crimes committed against fundamental rights, personal freedoms, sexual inviolability and a number of other objects of criminal law protection. In addition, the presence of a criminal record for any grave or especially grave crime automatically excludes a citizen from applicants for guardianship.
Failure to meet the requirements for parents and guardians
Another common category of persons who are not allowed to be appointed guardians are citizens who do not meet the requirements for parents. So, previously deprived of parental rights, citizens with limited parental rights will not even be assessed by the guardianship authorities for compliance with the requirements for registration of guardianship. In addition, persons applying for guardianship for the first time are required to undergo special training, a program for which is developed at the level of each region of the Russian Federation. The absence of a document confirming the passage of such training also excludes the possibility of appointing a person as a guardian. This requirement does not apply to close relatives of children, as well as to those applicants who are already guardians.
The presence of certain diseases or other restrictions
The presence of a serious illness also does not allow the person concerned to take custody of the child. Citizens who suffer from alcoholism or drug addiction are rejected without any exceptions. The list of other diseases that can pose a threat to a child is approved by the Government of the Russian Federation. In the presence of such a disease, the applicant for guardianship will be denied its registration. In addition, relatively recently, a new restriction was introduced, according to which citizens who are in same-sex marriage (according to the law of the state in which these marriages are allowed) or living in a same-sex union without formalizing a marriage relationship cannot become guardians.
