Foster family

General information

By Decree No. 1599 of the President of the Republic of Azerbaijan dated February 15, 2022, “On Some Issues Related to the Prevention of Deprivation of Children of Parental Care and Strengthening the Protection of Their Rights”, the powers related to the “Foster Family” care model have been exercised by the Ministry of Labour and Social Protection of Population since November 1, 2022.

A foster family is a family-based alternative type of care that ensures that children who have been deprived of parental care for various reasons and cannot remain in their biological families are raised in a family environment under state supervision, on a paid basis and under a contract, for a short or long period.

The purpose of the foster family care model is to ensure that children deprived of parental care grow up and are raised in a family environment rather than in social service institutions.

The characteristic features of this model are as follows:

It is a family-based alternative type of care;
It is a paid type of service;
It is temporary in nature;
The child is not considered an heir of the family.

Its advantages are as follows:

For each child deprived of parental care:

- An individual approach;
- An opportunity to live in a family environment;
- Creating conditions for physical, emotional and psychosocial development and integration into society.

How is a foster family established?

The establishment of a foster family is carried out in the following 3 (three) stages:

Registration of the person(s) wishing to become foster parents (hereinafter referred to as a foster parent candidate);
Determining whether placement with a foster family is in the best interests of the child;
Concluding an agreement between the Ministry and the foster parent candidate on placing the child with the foster family.

Who can become a “foster parent”?

Persons who:

Have reached the age of majority;
Are of either sex;
Are married or single;
Have at least general secondary education;
Except in cases where children are placed with their relatives in a foster family, have an average monthly per capita family income that is not less than the subsistence minimum established for the country for each family member (excluding children to be placed with the foster family);
Have a total residential area per person that is not less than the residential area allocation standard established by law;
Have no conviction for serious or particularly serious crimes established by legislation;
Do not have any of the diseases specified in Resolution No. 141 of the Cabinet of Ministers of the Republic of Azerbaijan dated August 15, 2000, “On Approval of the List of Diseases That Prevent Adoption, Becoming a Foster Family, Guardianship and Custodianship”;
Are citizens of the Republic of Azerbaijan permanently residing in the territory of the Republic of Azerbaijan.

Note 1. For one of the spouses (husband or wife) in a marriage, the minimum age is 25, while for unmarried persons it is 30.

Note 2. For an unmarried person(s) wishing to become a foster parent, the age difference between the person and the child placed in foster care must not be less than 18 years.

Application procedure

The foster parent candidate, together with the person(s) over 18 years of age living with them (sharing a common household), applies to any notary office operating within the territory of the Republic to obtain the application form related to becoming a foster family.

After the notarized application is transmitted to the Ministry’s Centralized Electronic Information System (hereinafter – MEIS) through the “Electronic Notariat” information system of the Ministry of Justice of the Republic of Azerbaijan, the foster parent candidate creates a personal account through the Unified Login System (“ASAN Login”) by using the electronic service “Acceptance of applications related to foster families” available on the Ministry’s “e-social” internet portal.

The foster parent candidate and the person(s) living with them (sharing a common household) may undergo medical examinations at the following medical institutions designated throughout the country:

Persons registered in Baku city – City Polyclinic No. 5;
Parent candidates registered in other cities/districts:

Republican Clinical Hospital named after Academician M.A. Mirgasimov;
Ganja City United Hospital, Public Legal Entity;
Lankaran District Central Hospital, Public Legal Entity;
Sheki District Central Hospital, Public Legal Entity.

What documents and information are required for the registration of a foster parent candidate?

Application of the foster parent candidate and the person(s) living with them (sharing a common household), certified by the notary authority with an enhanced electronic signature;
Personal information about the person(s) wishing to become a foster family (surname, first name, patronymic, sex, date of birth, place of birth, FIN (Personal Identification Number), place of residence, including actual place of residence (address), citizenship), as well as a health certificate of the State Agency for the Management of Medical Territorial Units based on an in-person medical examination of the parent candidate, including information on whether the person(s) living together have any diseases that prevent them from becoming a foster family, including the psychiatrist’s opinion;
Information on marital status (number and date of the marriage certificate or divorce certificate);
Information on education, place of employment (including position), and income;
Information on criminal record (date of conviction, type and duration of sentence, date of release, grounds for release);
Information on alimony, loans and other obligations.

Note 3: The above-mentioned documents are obtained from the information resources of the relevant state authorities; where this is not possible, the documents are obtained in accordance with Article 30.5 of the Law of the Republic of Azerbaijan “On Administrative Proceedings”.

Determining whether placement with a foster family is in the best interests of the child

The Ministry determines whether placement with a foster family is in the best interests of the child as follows:

The Ministry conducts an interview with the foster parent candidate selected according to the order of registration in the subsystem in order to study the candidate’s living conditions, family composition and the attitude of family members towards taking a child into foster care, and conducts an assessment of the candidate’s material and living conditions in accordance with the procedure provided for in Article 118.4 of the Family Code.
Foster parent candidates who have passed the interview are involved by the Ministry in training related to foster families for a period not exceeding 30 (thirty) days.
The results of the training related to foster families are evaluated by the Ministry based on the criteria determined in accordance with the procedure provided for in Article 118.4 of this Code.
If the results of the training are evaluated positively, taking into account the wishes and best interests of the foster parent candidate and the child to be placed with the foster family, the Ministry selects a child suitable for the person(s) wishing to become foster parents and foster parent(s) suitable for the child to be placed with the foster family, and organizes a meeting between them at a place determined by the Ministry with the participation of a social worker.

Conclusion of an agreement with the foster parent candidate

Taking into account the social worker’s report on the outcome of the meeting, the Ministry concludes an agreement with the foster parent candidate on placing the child with the foster family. Only minors may be placed with a foster family for upbringing, and only for the period specified in the agreement concluded in accordance with this Article.

The foster parent(s) have the following rights:

To receive the monthly and one-time allowance established by the Law of the Republic of Azerbaijan “On Social Allowances” for the maintenance of the child;
To receive complete and comprehensive information about the child, except in cases contrary to the child’s best interests;
To freely determine the methods of upbringing of the child, taking into account the views and recommendations of the Ministry and the child’s opinion;
To require the Ministry to fully and timely fulfil its obligations under the agreement;
In coordination with the Ministry, to choose an educational institution for the child to receive general secondary education.

The foster parent(s) have the following duties:

To regularly participate in training organized by the Ministry;
To raise the child, take care of their physical and mental, spiritual and moral development and health, and ensure care and supervision of the child in a family environment;
To create the necessary conditions for monitoring by the responsible social workers of the Ministry during the child’s stay in the foster family and cooperate for the successful implementation of individual development plans prepared for the child;
To obtain the Ministry’s approval when it becomes necessary to travel outside the Republic of Azerbaijan with the child for personal, family, recreational, medical treatment or educational purposes;
To facilitate the child’s communication with their family and relatives with the approval of the Ministry;
To use the allowance for purchasing seasonal clothing for children placed with a foster family for its intended purpose and submit supporting documents to the Ministry;
If the allowance for purchasing seasonal clothing for children placed with a foster family is not used for its intended purpose, to return the amount of the allowance.

Monitoring after the child is placed with a foster family

The Ministry monitors the condition of children placed with a foster family and compliance by the foster family with the terms of the agreement at least once a month in order to study the child’s situation in the family and their intellectual, physical, psychological and mental health.
The Ministry conducts monitoring on a planned basis (with prior notification) or on an unplanned basis (without prior notification).
During monitoring, the family’s living conditions, financial situation, the health condition of the child placed with the foster family and the foster parents, as well as the conditions of care and attention provided to the child in the family are taken into account.