What is the difference between adopted children and adopted children? Adoption and guardianship. What is guardianship

10.02.202227.05.2017

For those who have decided to adopt a child, it is important to know that there are several forms of placement of children. The most common methods are adoption and guardianship (guardianship), which pursue one main goal - the placement of a child in a family and the creation of the most favorable conditions for its development and growth.

Adoption and guardianship pursue one main goal - the placement of a child in a family

Despite the common goal, there are also differences due to the subtleties of the circumstances for which each of these forms was created. Before adopting a child, it is worth exploring all the possible options and determining for yourself which one is preferable for you.

Types of device for children

The laws in force in the Russian Federation provide for the following types of placement for children:

adoption;
establishment of guardianship;
guardianship;
foster family;
patronage.

All forms of family arrangement imply the emergence of mutual legal relations. Thus, adoptive parents, guardians and trustees are obliged to observe the interests of adopted children. In turn, such citizens can count on receiving assistance established by the laws of the Russian Federation and dispose of the property of children until they reach a certain age. The priority form of placement of minors is adoption.

Adoption and guardianship have serious differences, let's look at them.

Guardianship Institute

The difference between guardianship and guardianship is the age of the adopted child.

Guardianship and trusteeship is a method of paid admission to the maintenance of citizens who are deprived of support as a result of the loss of loved ones or for another reason established by law. In addition to children, guardianship and guardianship may be established for incapacitated adults. The difference between guardianship and guardianship is the age of the adopted child. If he is under the age of fourteen, guardianship is issued. At the age of fourteen to eighteen - guardianship.

Paragraph 2 of Article 145 of the Family Code of the Russian Federation: “Guardianship is established over children under the age of fourteen. Guardianship is established over children between the ages of fourteen and eighteen.

In addition to the above, guardianship differs from guardianship in the degree of importance of representatives in matters relating to the life of the ward. If the guardian acts as a full-fledged legal representative, then the trustee undertakes to assist in the implementation of the legal rights and interests of the ward, to protect him from abuse.

A guarded child, upon reaching the age of fourteen, if there are no violations and no other desires are expressed, automatically passes into the status of a person under guardianship.

Guardianship and trusteeship are issued over the following categories:

children;
children with disabilities who have lost their biological parents;
other citizens who have the status of incapacity.

Guardianship can also be assigned to adult citizens

Candidates for guardians (trustees) may be:

persons who are close relatives;
other persons having citizenship of the Russian Federation.

Candidates for guardians (trustees) must meet the following requirements:

have the status of legal capacity;
reach the age of majority at the time of the procedure;
own residential real estate that meets all established requirements;
not have problems with the law (no criminal record);
comply with health requirements;
the level of income should allow the creation of normal conditions for the person taken under guardianship;
no problems with the deprivation of the rights of a parent, adoptive parent or guardian earlier.

Persons acting as trustees receive permanent payments from the state, one-time financial assistance and various benefits established by the law of the Russian Federation. Trustees have the right to represent the interests of the ward in all significant legal matters, that is, they act as legal representatives.

adoption institute

Adoption is a placement in a new family of children left without the support of their mother and father. In this case, the parties are equated to blood parents and children, receive the same rights and obligations. Adoptive parents can be any citizens of the Russian Federation who meet the requirements established by law. Citizens of other countries also have the opportunity to act as candidates.

Adoptive parents are subject to certain requirements.

The following persons cannot act as applicants for the adoption of a baby into the family:

having an incompetent status / if one of the spouses is in such a status;
who have lost the status of a parent or are limited in such a right, as well as deprived of the status of an adoptive parent, guardian or custodian;
unable to perform full-fledged parental functions due to poor health;
not having the proper level of income, as well as unable to provide normal living conditions for the foster baby;
having problems with the law (conviction).

The law establishes the required age difference between the adopter and the adoptee - at least sixteen years. Only children under the age of eighteen are eligible for adoption. It should be borne in mind that after the child reaches the age of ten, such a procedure can be carried out only with his consent.

The adoption process includes several steps:

preparation and collection of a package of required documentation;
submission of documentation to the guardianship authority with a request for permission to start the procedure;
verification of the candidate for compliance with the requirements established by law;
search and selection of an applicant for adoption in a special data bank of children left without parental care;
transfer of data for consideration to the court after the baby is picked up;
decision on adoption and fixation of data in registration documents;
the transfer of the child to a new family.

The following package of documents is required for adoption:

statement;
characteristics and basic life data, drawn up in the form of an autobiographical note;
official papers, where the level of income of the candidate is fixed;
an extract on housing status from the house book;
documentation confirming the presence of private real estate in the property;
documentation that confirms the absence of problems with the law (in terms of having a criminal record);
certificate of the established form on the state of health obtained in the relevant medical institution;
in case of having the status of official marriage relations - a document certifying this fact;
consent in the form of an application to accept a child into the family from the side of the second spouse (if the candidate is one person who is officially married).

Differences

Adoption is a permanent status

time frame: adoption is a status acquired for all time, and guardianship is a temporary phenomenon;
legal aspects: adoption - obtaining a status equivalent to the birth of a blood child in the family, all forms of legal relationships characteristic of a biological mother, father and baby are acquired. In the case of guardianship, relationships are built on the principle of paid care for the ward and the fulfillment of strictly established duties;
support: guardianship differs from adoption and the degree of state support. The trustee is provided with the payment of a mandatory allowance for his actions. Adoption is in the nature of the gratuitous assumption of the duties of a father or mother;
control: the status of guardianship involves the provision of confirmed reports to the guardianship authority at the established frequency (monthly, quarterly, annually);
personal data: when adopting, you can correct the personal data of the baby. Under guardianship, this possibility is not provided;
guardianship may be canceled by the guardianship authority. Adoption can only be set aside as a result of legal proceedings and a decision;
the entry into force of the status of adoption under the law can be carried out exclusively in court. The decision to establish the status of guardianship is made by the competent guardianship authorities, which speeds up and simplifies the procedure;
When adopting, only a child can be taken into the family. Guardianship and trusteeship in this regard is an institution that covers a larger number of categories of citizens;
guardianship or trusteeship can be issued over adults who have the status of incapacity (guardianship) or partial legal capacity (guardianship).

Pros and cons

Adoption does not provide for additional payments, except for those that are due at birth

The benefits of adoption include:

the baby becomes a full member of the family;
the principle of maintaining the secrecy of adoption applies;
the spectrum of legal relations between parents and children is acquired in full;
the status is established without time limits, is retained after the child reaches the age of majority. Accordingly, the legal rules of inheritance apply.

The negative features include the following:

the entire burden of the maintenance and upbringing of the baby falls on the shoulders of the adoptive parents. No additional payments are provided, except for those that are due at birth;
rather high requirements that apply to candidates for adoptive parents in matters of financial situation.

The benefits of guardianship are as follows:

less stringent requirements for the candidate in matters of material and housing condition;
the state provides benefits, payments, benefits, and also provides support in matters of education, treatment, and recreation.

The disadvantages include the following aspects:

legal conditions have not been created for maximum integration into the guardian's family;
contact with biological parents and other relatives who can meet with the baby in the prescribed manner, as well as take him back (in case of restoration of parental status from the biological mother or father) does not stop;
the child at any time can be taken to another family as an adoptive child;
there is no possibility to change contact details;
the principle of keeping the secret of the device does not apply;
the need to report on the state of affairs to the competent authority;
the relationship ends automatically when the ward reaches the age of 18 or when certain conditions change, regardless of how the parties relate to this issue.

Every year in Russia, thousands of children are left without adult care, including those with living parents. For the harmonious development of the individual and the integration of the child into society, he needs his own family, where he can find his mother and father. Orphanages do not give good education: only close contact with a loved one can give the new generation a chance for a decent life, simple human happiness. You can either establish guardianship over someone else's child or adopt him. Which form is better and what to choose in a particular situation?

Definition

guardianship- a way to arrange for the upbringing of young children (under 14 years old) left without parental care, a form of representation of the interests of a citizen who is incompetent due to a court decision that has entered into force. The guardian actually accepts the child into his family and has a high level of responsibility for him, however, he has a number of restrictions related to the disposal of the property of the ward.

Adoption- a form of placement of children left without parental care in a family with the rights of a native child. The adoptive parent acquires the full range of parental rights and responsibilities. The procedure is regulated by a number of legal aspects that are mandatory for execution. The adopted child must be under the age of 18, the adoptive parent must be at least 16 years older than him.

Comparison

So, adoption and guardianship solve such a problem as the neglect of children who have lost their biological parents for one reason or another. A person who undertakes the labor of raising a child is burdened with a wide range of rights and restrictions. Nevertheless, there is a difference between the concepts, and it is very significant. You can adopt a child of any age - up to 18 years old, if he is older than 10 years old, then his consent will be required. You can establish guardianship both over young children (under 14 years old) and over an incompetent person - regardless of his age.

The adopter acquires the whole range of parental rights, that is, he accepts the child into his family, he can give him his own surname. The guardian is significantly limited in his rights, mainly regarding the disposal of children's property. In addition, he must report annually to government agencies, while the adopter is relieved of such a duty.

For the guardianship of minor children, a remuneration is provided, which amounts to several thousand rubles a month. The adoptive parent has no right to count on such compensation, since he assumes all obligations for raising the child. Guardianship is automatically terminated when the child reaches the age of 14, or on the basis of a court decision. Adoption can be canceled only in case of deprivation of parental rights.

Findings site

duration. Guardianship is a temporary phenomenon, limited both by the requirements of the law and the provisions of the agreement (if any), while adoption is permanent.
Legal consequences. The adopter actually becomes the parent of the child, the guardian remains in the same relationship as before the action.
Reward. Guardianship can be conducted on a paid basis, adoption - only on a gratuitous basis.
Reporting. The guardian must annually submit a report to the relevant authorities, the adoptive parent can only be checked by special services.
Preservation of the last name and first name of the child. When establishing guardianship for children, the previous personal data is retained, and when adopted, they can be changed.
Acquisition of parental rights occurs only upon adoption.
Termination procedure. Guardianship is terminated in cases provided for by law, regardless of the will of the parties, adoption - only by a court decision in the event of deprivation of parental rights.

Children who need adult attention may be adopted or under, what is the difference between guardianship and, means the Family Code.

The Constitution states that every person has the right to a family, where, first of all, he can find his parents. The orphanage does not provide proper education: only trusting contact with a loved one will give the child a chance for a decent life, harmony. Over other people's children, it is possible to issue an adoption or establish guardianship. In both cases, there are nuances with.

Guardianship is a way to arrange for the upbringing of minor children who are left without parental care, this is a form of representation of human interests if they are incapacitated after a court decision that has entered into force.

Guardians actually accept a child into their family and are responsible for it, however, they have a number of restrictions that are associated with the disposal and property of the ward.

Adoption is a form of placement of a child left without parental care with the rights of a natural child in a family. The adoptive parent acquires a full range of responsibilities and parental rights. The procedure is regulated by a number of legal aspects that are mandatory. Adopted children must be under 18 years old, adoptive parents must be over 16 years old.

Comparison of two legal concepts

Both processes of raising children solve the issue of neglect of children who have lost their biological parents for one reason or another. A citizen who assumes the responsibility of raising children is burdened with a wide range of restrictions and rights. At the same time, there is a difference between legal processes.

It is possible to issue an adoption of a child at any age up to the age of majority, if the adoptee is over 10 years old,. It is installed both over a young child (up to 14 years old), and at any age.

The adoptive parent acquires a full range of parental rights, the child is accepted into the family, endowed with a family name. Guardians are significantly limited in their rights, this applies to the disposal of the child's property. In addition, the guardian is obliged to report to the state authorities every year, while the adoptive parent is relieved of such an obligation.

There is a remuneration for, it is several thousand rubles a month. Adoptive parents are not entitled to such compensation, since they assume all obligations for the upbringing of the child. Guardianship terminates automatically when a person reaches the age of 14 or on the basis of a court decision. only after termination of parental rights.

Custody and adoption - differences

The period of raising a child. Guardianship is a temporary phenomenon, limited both by the requirements of the law and the provisions in the agreement (if any), the adoption procedure is permanent.
legal implications. In fact, the adoptive parent becomes the parent of the children, the guardian retains the same rights as before the procedure.
Financial question. Guardianship can be carried out on a paid basis, the adoption procedure is only free of charge.
The difference is in the report. Guardians must submit annual reports to the relevant authorities, adoptive parents can be checked by special services.
Child's personal information. In the process of establishing guardianship, the child retains the former personal data, after adoption, they may change.
Acquired parental rights occur exclusively upon adoption.
Termination. Guardianship is terminated in the case provided for by law, regardless of the wishes of the parties, adoption takes place exclusively by a court decision, if parental rights are deprived.

Considerations for adoption

Citizens are not considered adoptive parents:

incapacitated or partially incapacitated;
deprived of parental rights;
citizens who were previously adoptive parents, and adoption was abolished through their fault;
are or were registered or treated in a narcological or neuropsychiatric dispensary;
abuse alcohol and drugs;
do not have a permanent place of residence and permanent finance;
other citizens if their interests are contrary to the children's interests.

When adopting, preference is given to relatives; couples who adopt several sisters and brothers; citizens of Russia; married couples. The consent of the child is required for the adoption procedure, there are no cases when, due to health or age, the child cannot express his opinion.

The consent of the guardians / trustees or for adoption is required, this consent can be obtained by decision of the guardianship authority or in the court (if the adoption is made in the interests of children).

A court decision on adoption is made taking into account the state of health, family and financial situation of the adoptive parents, the reasons for adoption, the state of health and personality of the child, the period during which the adoptive parent has already taken care of the child, and the attitude towards the adoptive parents of children.

A judge cannot refuse to adopt citizens on the basis that these people already have or can give birth to their child.

The benefits of adoption are:

Allowing the child to feel like a full-fledged member of the family.
Preservation of all relations and inheritance rights, including after reaching the age of majority.
The possibility for the child to receive the surname of the adoptive parent, change the name, patronymic and, in some cases, the date of birth.

Making an adoption longer than guardianship requires the approval of a judge.
The state practically does not provide any assistance after the adoption procedure, with the exception of the provision of postnatal leave and state payments after the birth of a child.
Tougher requirements for applicants for adoptive parents, their financial situation, living conditions in comparison with other formal devices.

In the modern world, quite a lot of children are left without adult care, including those with living parents.

But for the full development of the child as a person and integration into society, he needs his own family, where he can find the love and care of his parents.

No matter how good orphanages are, they cannot replace mom and dad for a child. Only living in a full-fledged family, children have the opportunity to get a chance for a decent life and simple human happiness.

The Family Code of the Russian Federation establishes forms for the reception of orphaned or left without parental care children.

Children can be taken under guardianship in a foster or foster family, adopted or adopted.

But, first of all, you should understand how guardianship differs from adoption. There is quite a big difference between the procedures, both in the design and in the relationship with the child.

The types of control over the upbringing of children, maintenance, responsibility for their life and health, the number of compensations and benefits also differ.

Before you adopt a child, you need to carefully consider everything, weigh the pros and cons of your desire.

Perhaps in some cases it is better not to adopt a child, but to arrange guardianship for him. To do this, it is necessary to understand well the difference between guardianship and adoption.

Guardianship and adoption are two concepts that stand side by side, but have certain fundamental differences.

Guardianship is the adoption of children in the house, left without parental care, on the rights of an educated person. Guardianship is established over children who are not yet fourteen years old. In this case, the guardian represents the interests of a minor citizen.

The guardian accepts the child into his family, assumes obligations related to his upbringing and maintenance.

But it is important to consider that the guardian will not have the rights of a parent, and his actions in relation to children are strictly limited.

Adoption or adoption - the device of a child who was left without the care of his biological parents. Within the framework of this form, the child enters the family with the same rights as biological children.

Adoption is considered a priority form of child placement, which is more beneficial for him. In this case, he feels like a full-fledged member of the family, and the adoptive parents acquire the rights and obligations of parents, relatives by blood, in full.

You can adopt a child who is under 18 years old, while the adopter himself must be at least 16 years older than him.

Each of the forms of the child's device has its own characteristics, positive and negative sides. Only after understanding all the nuances, you can decide which is better, guardianship or adoption of children.

One of the main disadvantages of guardianship is that it is issued for a certain period.

You can pick up a child in the following cases:

It is important to take into account that the process, upbringing, maintenance and development of a child under guardianship will be subject to strict control by the guardianship authorities.

Guardians are required to submit a detailed report once a year or quarterly on how they disposed of the child's funds and property.

In addition, the child will be aware that he lives with fake parents and is with them temporarily.

His surname will remain the same and he has the right to communicate with his relatives. These are the most significant disadvantages of guardianship.

In this form, there are also positive aspects. These include:

Most often, guardianship is issued by relatives or close friends of the parents.

Video: What is guardianship and who can become a guardian

The essential difference between guardianship and adoption is that adoption takes much longer to process.

In order to adopt or adopt a child, it is necessary to go through the court procedure, since the right to adopt is considered in court.

In addition, you need to do the following:

It is important to understand that the requirements for the personality, income and living conditions of the adopter are quite high..

The disadvantages include the fact that the adoptive parent will not receive any benefits, benefits or compensation, except for those that rely on families with children. Therefore, payments for guardianship and adoption are different.

You can refuse an adopted child only by a court decision, providing good reasons for this.

Sometimes people are tormented by doubts and it is difficult to make the right choice.

In this case, in order not to spoil your life and not injure the child, it is advisable to first arrange custody, and then adopt.

In addition, if problems arise with adoption, it is much easier to take the child into custody, and then, being his legal representative, file a lawsuit in court.

It is understandable that people who have been preparing for a long time to accept a child and become full-fledged parents may be upset by the need to be a guardian for a while.

But in such situations, when information about the child is not clear, this option may be the only way out.

Still, the status of a guardian is the right to be a legal representative and have quite a few rights.

Video: Adoption (adoption) of a child

Reasons why you can't adopt

In the question of which children can be taken under guardianship and which ones to adopt, guardianship authorities are not always right.

One of the main reasons why you cannot adopt is that guardianship authorities often try to play it safe. But under guardianship, you can give any child who has lost his parents.

The terms and conditions of family accommodation will depend on the specific situation.

Since it is one thing when a mother is in prison or on long-term treatment, and another when she left the child and disappeared.

If a child is in an orphanage, then he was left without parental care and family placement is possible. Some restrictions on the possibility of being adopted are imposed. Therefore, such issues are resolved in court.

You can adopt in the following cases:

There are some factors that do not allow you to give a child up for adoption. For example, when parents are in prison or on long-term treatment.

This also applies to the temporary placement of a child in orphanages at the initiative of the parents. At the same time, parents learn about the child, constantly come to visit and send gifts.

Sometimes this is done by people who go to work in other countries and do not have relatives to whom they could leave children.

The main problem when it is impossible to adopt is that parents leave the child in the care of the state with a promise to pick it up, but they do not call or visit.

As a result, prospective adoptive parents cannot take the child, and his journey home stretches for months or years.

Thus, the child remains in the orphanage for an indefinite period of time.

In practice, the documents that are needed for adoption are also required for guardianship. Citizens wishing to adopt a child or take custody, submit an application to the guardianship and guardianship authorities at the place of residence.

The application indicates a request to give an opinion on the possibility of being adoptive parents. In addition, the following documents must be attached:

Adoptions and custody are subtle and similar concepts. They provide some form of child care. However, the terms differ significantly. Often guardianship is established as an intermediate form for adoption.

When deciding which is better, it is worth considering everything carefully, because parental rights are acquired only through adoption.

Guardianship is a temporary phenomenon, terminated in cases provided for by law. And to refuse adoption is possible only in court if there are serious grounds.

The differences relate to financial, legal and legal aspects that everyone should be aware of.