Last modified: January 2020

Formalizing the responsibilities for raising a child involves choosing an option and studying the question of how guardianship differs from adoption. Each parent strives to create decent conditions life for their child, but due to various negative factors, adults can no longer continue to care for and raise the baby. The reasons can be different - from the death of parents to deprivation of their parental rights or freedom. When the loss of a parent occurs, the child left without care is placed in an orphanage, and only the help of other adults can help them regain a sense of home, security, and love.

The rights of minors are protected by the competent authorities, and becoming a guardian or adoptive parent is not so easy. If there is a choice, preference is given to citizens who are related by blood to the child. Many families solve the problem of determining their place of residence through the registration of guardianship. More serious situations require adoption, with full responsibility equal to that of a parent.

Guardianship and adoption provisions

There are many legal features that differ in the methods used to formalize the status of legal relations between an adult and a child.

The main forms are prescribed in family legislation (RF IC) with a definition of the registration path:

• guardianship, trusteeship, foster family;
• adoption.

The two methods of accepting an orphaned child without care have much in common, differing in the degree of responsibility and legal consequences.

Before choosing one path or another, you should carefully weigh all the consequences, positive and negative sides, determine the difference between different forms, your attitude to the situation and your readiness for additional responsibility.

There is a fundamental difference between guardianship and adoption:

• guardianship implies the acceptance of a child under 14 years of age as a pupil, with further representation of the interests of the minor before all official bodies, with the assumption of responsibilities to raise and provide for the child, subject to strict restrictions on one’s powers;
• Through adoption, it is possible to accept a child left without parents with rights equivalent to blood kinship, with the actual replacement of biological parents in rights and responsibilities.

A child left by fate, without the care and love of his parents, will feel better in the role of an adopted child, but this option has far-reaching consequences and requires a serious decision.

There are certain age restrictions for adoption.:

• a citizen who has not reached the age of majority is subject to adoption;
• There must be at least a 16 year difference between the prospective adoptive parent and the child.

Guardianship implies the non-finality of the measure, i.e. valid for certain period time. Termination of guardianship may be due to the following circumstances:

1. Parents who were considered missing have been found.
2. The biological parents achieved the restoration of their rights.
3. A family member (father or mother) recovered and became capable.
4. Instead of guardianship, other applicants declared their readiness to adopt.
5. The attitude of the guardian was not conscientious and responsible for the past period.

Guardianship presupposes strict supervision by a monitoring organization that monitors compliance with norms and laws in the process of the guardian taking steps to raise, provide education, and support the child. At certain intervals, the guardian reports on the management of financial resources allocated for the child (annual or quarterly report).

You should know the difference between organizing life under guardianship and adoption. Unlike adopted child, the guardian's pupil will know that the latter is not his parent, and the fact of living together is only a temporary measure.

The basic way of life does not change and basic personal data - last name, first name, the right to meet relatives remain in force.

The legal aspects of guardianship have the following characteristics:

• Simple paperwork (the procedure is less complicated than adoption).
• The basis for recognition of guardianship will be the conclusion of an agreement and the drawing up of an act with the guardian, with the assignment of material support implemented by the state, the collection of alimony, the assignment of a pension with the expenditure of funds for treatment, education, and the current needs of the child.
• The state provides a number of benefits, including resolving housing issues when the ward reaches the age of majority (in the absence of real estate ownership).
• The agreement with the guardian has retroactive effect when it is not possible to find a common language with the pupil.
• The most common case of guardianship is the situation when an orphaned relative is taken into care by immediate relatives or persons from a close family circle.

By registering guardianship, a person takes responsibility for his pupil.

Guardianship responsibilities include:

1. Raising a minor in accordance with accepted basic values ​​and norms of family law.
2. Cohabitation.
3. Assisting students in realizing their rights, responsibilities, and protecting their interests.
4. Informing the guardianship authorities about the change of residence of the ward.
5. Continuation of the function of a guardian upon departure of a pupil for further education, in the event of imprisonment, or referral to inpatient treatment.

A special act signed when establishing guardianship may indicate actions prohibited in relation to the ward.

The following rights are often among the permitted actions::

• act as the legal representative of a minor in official bodies, including the court, without the need to issue a power of attorney;
• choose educational measures in relation to the ward, based on the interests of the child and the recommendations of the relevant government agencies;
• determine the place and what the child’s education will be, taking into account the opinion of the child being educated;
• make decisions that directly affect the life of a minor;
• in case of illegal retention by unauthorized persons, demand return.

Adoption, being one of the forms of formalizing legal relations between an adult and his ward, in addition to the much longer duration of the registration procedure, has a number of significant differences from guardianship.

Acquiring the rights of an adoptive parent is possible only in court, after receiving a court order.

The process consists of several stages, therefore, prior to court hearings, the future adoptive parent must do the following:

The adoptive parent must show his worth, stability, and willingness to provide conditions for the life and development of the child. Unlike a guardian, no government subsidies are provided from the state, with the exception of social measures that are carried out in relation to families with children (including adopted children).

Another reason to seriously think about the decision to adopt is the impossibility of simply giving up your rights and responsibilities. This can only be done by the court, having found the adoptive parent’s arguments convincing.

If the adoptive parent has firmly decided to connect his life with him, he will be endowed with the following rights:

• the child being with the adoptive parent on a permanent basis without restrictions;
• changing the child’s personal data, including birth information;
• former blood relatives, if their influence negatively affects the child, are deprived of the right to see him;
• the law equalizes the rights of adoptive parents and parents, including social programs and government support measures;
• the child’s property rights become general, and the adopted child is given the right to inherit the adult’s property on an equal basis with blood relatives.

If the final decision has not been made and doubts remain about the justification of such a serious step as adoption, there is a general recommendation that it is better to first arrange guardianship, and only then proceed with adoption.

Along with rights, adoptive parents receive responsibilities for the maintenance, upbringing, and organization of education of the child. The adoptive parent must guard the interests of the ward, representing him in the authorities, speaking on his behalf without specially issuing a power of attorney. A parent, taking a minor into custody, ensures psychophysical health, monitors the emotional atmosphere in the child’s environment, etc.

Difficulty of choice

Comparing the characteristics of registration of rights and obligations to a child through guardianship, foster family, adoption, it becomes obvious that the transfer of guardianship is easier, significantly limiting the powers of an adult both in breadth and time. Adoption, which takes longer to negotiate, however, allows you to recreate the feeling of family and surround you with comprehensive care and love, without fear of negative influence from the outside (for example, from former relatives).

The differences between guardianship and adoption are as follows::

• Converging on the main thing - determining the future fate of the child and the person taking responsibility for his well-being, the goals of guardianship are to educate a citizen until adulthood; upon adoption, parents and children become a real family.
• The financial side of the issue during guardianship is coordinated with government agencies, with the expectation of support from the budget, which does not happen with adoption.
• The place of registration of guardianship is a special department under the administration of the territory; adoption will require a court hearing.
• The guardian is controlled by supervisory authorities who have the right at any time to check the situation and living conditions of the ward. For adoptive parents, such controls are provided only for the first time (within 3 years after the trial).

Assessing all the consequences of the position of a guardian and adoptive parent, citizens make a decision based on their own plans for the future and intentions regarding the child. Of course, adoption gives a child more than guardianship, but obtaining the status of an adoptive parent is much more difficult.

Before you decide to adopt a child, you should consider the option of obtaining temporary guardianship. However, you should be prepared that if there are people who want to adopt a minor, custody of the child may be denied, because it is temporary and requires additional resources from the state.

How do they apply?

Despite the fundamental differences, both guardianship and adoption will require personal documents of the applicant.

When submitting an application with a request to coordinate the registration of guardianship or adoption, the list is largely the same:

1. Biography written in the applicant's own handwriting.
2. A certificate from the employer indicating the employee’s status, position, length of service, and monthly income.
3. Documentation confirming the candidate’s property status (availability of own housing, living conditions).
4. A document confirming the absence of a criminal record under articles of intentional harm to health (a request for the preparation of a document is submitted through the territorial department of the Department of Internal Affairs).
5. Medical conclusion about the absence of contraindications and the general health of the guardian or adoptive parent.
6. Personal identification documents confirming a person’s marital status.

In addition to registration of guardianship, the child can be placed in a foster family. Many consider foster families to be a more preferable option, where the child being raised enters into a relationship with an adoptive father and mother, brothers and sisters.

The disadvantage of how guardianship differs from adoption and from a foster family is the absence of adults playing the role of parents, with the correct emphasis in family relationships. Unlike adoptive parents, guardians and adoptive parents work closely with the guardianship authorities, receiving payments for the maintenance of the minor every month.

On the other hand, relatives who are willing to bear responsibility before the law can take care of a child left without parents, and only in cases where there is no adoptive parent or guardian can the guardianship authorities agree on the placement of a minor in a foster family.

Any decisions regarding the formalization of rights and obligations in relation to a minor are an extremely serious step that does not require haste. Guardianship, being in a separate way settlement of relations and rights to raise a child can also become an intermediate stage on the way to a more serious step - adoption. If there is the slightest doubt about the advisability of adoption, there is no need to take risks; it is recommended that you first arrange guardianship over a minor child and establish new order life taking into account the emergence of new things.

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Last update: 01/31/2020

The state tries to provide a child without a family with the opportunity to develop and be brought up normally, providing for this several different forms care. In a situation where a child is left without parental support, the child’s relatives or loved ones are concerned with the question of how best to legally formalize patronage and more reliably strengthen the ties of kinship. What is the difference between guardianship and adoption, what is the essence of a foster family and patronage - we will tell you in this article.

Adoption

This form of ensuring the development of a child is similar to a full-fledged family. You should know that:

• You can only adopt a child by court decision. At the same time, the secrecy of adoption is strictly observed, which should never be disclosed to anyone. This also applies to participants in the trial, including the judge, secretary, prosecutor, guardianship representative, whose presence during the consideration of adoption is mandatory;
• Adopting a child means becoming a family for him forever; such relationships are free of charge (no payments are due) and indefinite. At the same time, newly made parents acquire those responsibilities and rights that are provided for by the Family Code of the Russian Federation.

Responsibilities

For example, claims may be made against such parents regarding upbringing, maintenance, development, ensuring proper treatment, etc.

Rights

Their rights include free choice of type educational institution for the child, the opportunity to represent the interests of children (including acting as legal representatives in property matters), and also, after the children reach the age of majority, to claim their maintenance in the event of incapacity for work.

There is no monthly maintenance for an adopted child, but, taking into account the analogy with a real family, a parent has the right to receive a one-time allowance (which is given to everyone at the birth of a child, as well as in connection with the adoption of a child into the family) and maternity capital (if the child is the second or subsequent). The adoptive parent is not obliged to report to the state about the disposal of benefits.

What is needed for adoption

As you can see, the law provides for all the nuances so that the child feels like family in the adoptive family. At the same time, family legislation puts forward strict requirements for those who wish to become adoptive parents. Before going through the trial preparation process, you must meet certain criteria.

Who can become an adoptive parent

In order to become an adoptive parent, you need to be prepared for a family, difficulties, and understand that by doing so you take full responsibility for the child’s fate. But with all the advantages of adoption, there can be a lot of bureaucratic delays. First you need to make sure that you meet the following criteria:

• full legal capacity of both spouses (that is, there are no court decisions declaring you and your spouse incompetent or partially capable);
• absence of a decision regarding deprivation (limitation) of parental rights in relation to other children;
• if earlier adoption cases with your participation have not been cancelled;
• absence of diseases that are included in the special list;
• The adoptive parent must be at least 16 years old older than the child(except for stepmother/stepfather);
• the income of the new parent must be sufficient to support the future family member. At the same time, earnings must provide at least the minimum subsistence level for everyone;
• availability of permanent registration, that is, permanent place of residence;
• lack of criminal convictions for a number of articles.

The adoptive parent may also be foreign citizen, here, as a restriction on the right of adoption, there will be only same-sex marriage, the spouses of which are currently not trusted by Russian legislation for children, as well as US citizens.

In addition to the requirements for candidacy for an adoptive parent, other life situations that directly affect the possibility of accepting a child into a family are also taken into account:

situation	acceptable	not acceptable
adoption by one person	if not married if you become the sole adoptive parent with the consent of your spouse, who is not involved in the adoption if the adoptive parent is the child’s stepfather/stepmother and is married to a parent who has full rights per child	If the other spouse is against adoption the child has one full-fledged parent who is not married to the candidate for parental rights
family adoption	both adoptive parents are married	both candidates are unmarried ( civil marriage not taken into account) two candidates are different marriages(apart) when one of the child’s parents has not lost his rights in relation to the child
adoption of several children at once	if the adopted brothers/sisters children are not related to each other, provided that the rights of each child are respected	separation of brothers/sisters different families, except in situations where it does not harm them.
child's opinion	gives consent if over 10 years of age mutual friendly contact has been established (when the child is under 10 years old)	a minor aged 10 years or older against his adoption by a specific applicant (family) rejection and non-acceptance by a child (under 10 years old) of a candidate for adoption

Guardianship and trusteeship

Guardianship and trusteeship have similar features, except for one thing: the difference between them is that children under 14 years of age can be guardianship, while guardianship is issued in relation to a child who is from 14 to 18 years old.

The difference between guardianship/trusteeship and adoption is as follows:

established by court decision	the decision is made by the territorial guardianship and trusteeship authorities, and the refusal can be appealed in court (general grounds)
allowed if there is one eligible parent or no parents	impossible if there is at least one of the parents who does not shirk their responsibilities, that is, is not deprived, not limited, not hidden, etc. (except when, under difficult circumstances, the parents themselves temporarily ask for guardianship, proposing a specific candidacy for a guardian)
methods of education cannot be challenged if it does not violate the criminal or administrative code, does not involve cruelty, leaving a child without upbringing, education, etc., and only in court	interested parties can appeal any action to the guardianship authority
adoptive parents may prohibit communication with biological parents (unless there is a special court order)	cannot interfere with communication with parents, unless there is a judicial restriction on communication
are legal heirs in the event of the death of a child	has no inheritance rights by law
unlimited period	up to 14 years of guardianship, until 18 years of guardianship, or earlier, if the parents are restored to their rights, the children are adopted, etc.
free rights and obligations	with provision of state support for the child
the secrecy of adoption applies	information about the relationship between the guardian and the ward is open and, as a rule, the ward knows that he is not being raised by his blood parents
full range of parental rights	do not acquire parental rights in the full legal sense: the last name, first name cannot be changed, priority is always on the side of the biological mother and father;
regarding minors	guardianship can also be assigned to an adult due to infirmity physical condition or mental disorder (for example, incapacity, limited capacity due to mental illness);
act as legal representatives, including property relations	The guardian has no right to dispose of the child's property. Moreover, the guardian responsible for raising the child is required to report on the expenditure of funds allocated for the maintenance of the ward
adoption	guardianship

The fundamental difference between adoption and guardianship is the goal of future educators.

If we are talking about elementary concern for the fate of the child (providing clothing, food, education, etc.), in order to avoid him ending up in an orphanage or with strangers, as well as out of moral urges, family duty, then a guardian-guardian relationship often arises. ward.

When the question arises of giving a child your love, accepting him as your own child and being ready to bear such responsibility all his life, then this is already an adoptive parent-child relationship.

Who can become a guardian

Anyone who has expressed a desire to become a guardian must meet the following requirements:

• absence of drug addiction, alcoholism, mental disorders and other diseases that pose a danger to the ward;
• the absence of court decisions to cancel adoption or guardianship solely through the fault of the candidate;
• the applicant for guardianship has not previously been deprived or limited in parental rights;
• meeting the criteria for raising a child: household amenities, sanitary living conditions;
• Relatives and loved ones of children have priority rights to custody.

Approval of a candidacy occurs after a thorough check of lifestyle, interests, employment, material resources, and criminal prosecution. If all the criteria are met, then an agreement is concluded with the citizen, signed by the head of the guardianship authority (see).

Payments to the guardian

The state reimburses the guardian monthly for the costs of maintaining and raising the child, the average size The amount of payments for guardianship ranges from 3 to 15 thousand rubles. Maximum payments for guardianship and trusteeship of minor children are made if the ward is disabled, the guardian has other children, and other factors confirm the need for additional financial assistance.

Note that the highest payments are assigned in Moscow and the Moscow region.

• Every month - for the maintenance of a person under care in Moscow, the monthly allowance is 15,000 rubles, and in the case of a confirmed disability of the child - 25,000 rubles. As well as compensation for housing and communal services expenses (in Moscow - 928 rubles).
• Once - except monthly payment for the maintenance of a child, under guardianship (trusteeship), a one-time allowance is relied upon (for example, in St. Petersburg - about 26,000 rubles, if the child is disabled - about 111,000 rubles).

The guardian is required to submit a monthly report on the expenditure of these funds to the guardianship and trusteeship authorities.

Termination of adoption and guardianship, liability for failure to fulfill parenting duties

• Adoption is indefinite. You should know that a child under guardianship can be adopted by other persons in accordance with the procedure established by law - in this case, guardianship will also be terminated.
• There is no reason - unlike adoption, other forms of child care are not indefinite. Most often, relatives take on the role of guardian in the event of illness, deprivation of parental rights, or incapacity of the mother and/or father. If the grounds for transferring the child no longer exist, then guardianship and trusteeship are terminated.
• Age of the child - in other cases, guardianship terminates when the child reaches 14 years of age (from this time on, the form of upbringing automatically becomes guardianship, which, in turn, terminates upon reaching 18 years of age).

Responsibility for improper performance of duties of a parent or guardian

The adoptive parent bears the same responsibilities as an ordinary parent, the responsibility is also similar: from deprivation of parental rights to criminal liability (as a rule, for cruel treatment with baby). As a result, after verification, the guardianship and trusteeship authorities may file a lawsuit to cancel the adoption.

If a guardian is rude to a child, does not care for him properly, does not provide him with food or general education, then any persons, including the child’s relatives, can contact the guardianship authority and declare that the guardian has violated the conditions of the minor’s upbringing. The result of the consideration may be involvement in:

• administrative,
• civil,
• criminal liability,
• termination of the guardianship agreement.

Foster family and patronage

If for some reason guardianship or adoption is impossible, then the child can be placed in a foster family where there is a teacher who carries out the full development of the minor at home. A written agreement (agreement) is drawn up between the adoptive parents and the guardianship authority, on the basis of which the adoptive parents are paid an official salary, over time length of service. A foster family cannot have more than eight children. Officially, the adoptive parent becomes a guardian, but the form of placement of children, as we see, differs from the essence of guardianship (trusteeship).

Patronage is less common in practice and involves raising a minor in a home environment created by a teacher under a patronage agreement. Such a teacher can be a person who has undergone special training at the Regional Authorized Patronage Service. This form of raising a minor is usually “transitional” before adoption or guardianship is finalized.

What is better to choose

Any of the forms of arrangement of a child’s fate that we have considered has the goal of successful development, physical and moral education children who for some reason were left without parental warmth. For citizens who are ready to take responsibility for the life path of a minor, the question is often: what to choose, which method of care to give preference to?

Of course, the answer to this question depends on the circumstances that preceded the child’s situation. Sometimes it is his behavior and the attitude of adults that will help him make a choice which of the options provided by law is better: new family forever (adoption) or care until the ward becomes an adult (guardianship and trusteeship, foster family).

Question answer

We live in a small town, after registering a child with the registry office as a result of adoption, the whole village became aware of this, the registry office employee is to blame for this. Was she obliged to keep a secret and what would she face for disclosing it?

The employee of the state registration body, due to her official duties, was obliged to keep secrets. For disclosure, the persons who disseminated information about the fact of adoption are liable under Article 155 of the Criminal Code of the Russian Federation; punishment may be a fine of up to 80 thousand rubles, correctional/compulsory labor, as well as a ban on holding the relevant position.

My neighbor adopted a child many years ago, but the court canceled the adoption a couple of years later because she was suffering from alcoholism at its worst stage. Now, years later, she wants to adopt a child again, she says that she has reformed, is this possible?

Unfortunately, the Family Code prohibits adoption from those in respect of whom a positive decision was overturned by the court and the child was returned to Orphanage. However, the law does not provide for exceptions to this rule.

My son is in the custody of my grandmother while I serve my sentence. In a year I will be free, how can I get my rights back to my child?

After your release, you need to address this issue to the territorial guardianship authorities, where you will write an application for termination of guardianship. Be prepared for your lifestyle to be checked inside and out: your behavior, characteristics, employment, contact with your child, etc. will be closely examined.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

75 comments

In Russia, every year thousands of children are left without adult care, including with living parents. For the harmonious development of personality and integration of a child into society, he needs his own family, where he can find his mother and father. Orphanages do not provide good upbringing: only close contact with a loved one can give the new generation a chance to 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 method of providing care for young children (under 14 years of age) left without parental care, a form of representation of the interests of a citizen who is incapacitated 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, but has a number of restrictions related to the disposal of the ward’s property.

Adoption– a form of placement of children left without parental care into a family as a natural 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. The child to be adopted must be under 18 years of age, and the adoptive parent must be at least 16 years older than him.

Comparison

So, adoption and guardianship solve the problem of neglect of children who have lost their biological parents for one reason or another. A person who takes on the work of raising a child is burdened with a wide range of rights and restrictions. However, 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 over 10 years old, his consent will be required. Guardianship can be established both over young children (under 14 years old) and over an incapacitated person - regardless of his age.

The adoptive parent acquires the full range of parental rights, that is, he accepts the child into his family and can give him his own surname. The guardian's rights are significantly limited, mainly regarding the disposal of children's property. In addition, he must report annually to government authorities, while the adoptive parent is exempt from such obligation.

For guardianship of minor children, a remuneration is provided, which amounts to several thousand rubles per 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 14 years of age, or based on a court decision. Adoption can be canceled only in case of deprivation of parental rights.

Conclusions website

1. 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.
2. Legal consequences. The adoptive parent actually becomes the child’s parent, the guardian remains in the same relationship as before the action was committed.
3. Reward. Guardianship can be carried out on a paid basis, adoption - only on a free basis.
4. Reporting. The guardian must annually submit a report to the relevant authorities; the adoptive parent can only be checked by special services.
5. Preservation of the child's surname and first name. When guardianship is established, the children’s previous personal data is retained; upon adoption, it can be changed.
6. Acquisition of parental rights occurs only upon adoption.
7. Termination procedure. Guardianship is terminated in cases provided for by law, regardless of the will of the parties; adoption is terminated only by court decision in the event of deprivation of parental rights.

Guardianship is a type of family education minor children under 14 years of age left without parental care.

It is also a form of representing the interests of a person who has been declared incompetent by a court decision.

In fact, a guardian takes a child into the family, is responsible for him, but has restrictions regarding the disposal of the ward’s property.

What is guardianship and who can become a guardian?

Definition of adoption

Adoption is a type of family education of children who are deprived of parental care. It is distinguished by the establishment of relationships, like between natural children and parents.

Adoptive parents become the owners of all the responsibilities of parents to their children. The procedure is regulated by special legislative acts and norms.

The adoptee must be a minor (i.e., under 18 years of age), and the age of the adoptive parent must be 16 years older than the age of the child.

Below we will talk about the differences between these forms of raising children.

Differences between them

So, what is the difference between guardianship and adoption?

These concepts differ in the following aspects:

Pros and cons of this form

Guardianship has the following advantages:

• the decision is made by the leadership of local authorities, because of this the registration process is faster than with adoption;
• lower requirements regarding housing and wages are put forward to the guardian than to the adoptive parents;
• for a child under guardianship, the state pays benefits, helps with rest, placement in education and treatment;
• After the child reaches 18 years of age, if he does not have housing, the state provides living space.

The disadvantages of guardianship are:

1. the person being brought up does not feel like a full member of the family;
2. the child’s relatives can see him and sometimes take him back;
3. Third parties have the right to adopt a child;
4. You cannot change personal data – date of birth and full name.

Adoption has the following advantages:

Disadvantages of the device form:

1. a court decision is required, i.e. the registration process takes longer than guardianship;
2. all responsibilities for providing for the child lie only with the newly acquired parents;
3. quite high requirements for housing and salaries of adoptive parents;
4. Not all children left without parental care can be adopted.

What's better?

It is impossible to say which of these forms is better.

For example, if a child cannot be adopted for some reason, or a candidate for adoptive parents does not meet high requirements, then guardianship becomes a way out of the situation. After all, even single citizens become guardians. In addition, the requirements for a guardian are lower than for adoptive parents.

A child under guardianship, if he does not have his own living space, is given an apartment from the state after reaching the age of 18. And if a child is adopted, then he is not entitled to such benefits; he completely switches to providing for his newly found mother and father.

Another nuance is inheritance rights. When choosing guardianship, neither the guardian nor the child under guardianship has the rights of inheritance and disposal of each other's property. Upon adoption, all rights are reserved.

In any case, adoption is always better for the child, because this way he will feel like a full member of the family.

Information for pinning

Adoption is the adoption of a child into a family as if it were their own., from which all responsibilities flow. This is the preferred form of device.

Guardianship is the adoption of a child as a ward. Guardianship may be established over children under 14 years of age. Guardianship can be established over children aged 14-18 years.

A guardian has the same rights as parents in terms of education, upbringing, maintenance, and responsibility. But with guardianship or trusteeship, you will have to regularly answer to the authorities.

In general, the difference between adoption and guardianship/trusteeship is the same as between adoption and guardianship.

With any type of device, the health requirements for the persons receiving the child are the same.

The topics of adoption and guardianship are very delicate, but important. All forms of the device provide care for the child. The difference concerns only legal and monetary aspects.

The legislation contains several terms denoting the form of placement of children left without parental care for various reasons. Some of these terms are guardianship and trusteeship, foster family, adoption. Despite the fact that both concepts imply the possibility of accepting a child into a family, they are not identical.

Definition of concepts

In Russia, guardianship is one of the forms of accepting children who have not reached the age of fourteen into a family for their upbringing, development, and protection of rights. Such relations are formalized by agreement.

Adoption is a priority form of fostering children, as evidenced by Art. 124 IC RF. This appointment is free of charge. As a result, relationships arise that are equated by law to blood relations.

Guardianship and adoption have a number of significant differences:

	Guardianship	Adoption
Duration of the legal relationship	The period is determined by agreement.	Unlike guardianship, the responsibilities of a parent last a lifetime.
Legal status	The rights of a legal representative are provided to protect rights and interests.	All rights and responsibilities of the biological parent are granted.
State assistance	Benefits, subsidies and benefits are provided.	Benefits, benefits and subsidies are not provided.
Control by social authorities	There is an obligation to report every month on the expenditures of state benefits.	There is no obligation to prepare monthly reports, but the authority can check the living conditions of the family.
Permissibility of changing personal data	Not allowed by law.	The secrecy of adoption is protected by law; if necessary, changes to the child’s full name are allowed.
Establishment procedure	It is formalized by a social body through an agreement.	Established by a court decision.
Cancellation procedure	The relationship is terminated based on the application of the guardian or the decision of the guardianship and trusteeship authority.	Terminates only on the basis of a judicial act.

Thus, it is clear that these forms of organization provide for different statuses of subjects, and different types legal relations developing between them.

What is the difference between adoptive parents and foster parents?

Raising a child can be carried out on the territory of the country foster family, whose status is different from the adoptive parents.

Foster family is a type of foster care for those children who cannot be adopted or placed under guardianship. The status is obtained on the basis of an agreement concluded with a social authority.

The main responsibility is to raise the child in a family in which the child lives until he reaches adulthood. Education is carried out for a certain fee transferred by the state.

IMPORTANT! With this form of placement of children, family legal relations do not arise.

Don't identify foster parents and guardians, since the former perform their duties free of charge.

Differences between adoption and guardianship

The difference between guardianship and adoption also lies in the registration procedure.

In order to adopt you must:

• Select a child.
• Collect documents and submit an application to social security (the list of documents must comply with Section II of the Russian Federation Regulations dated March 29, 2000 N 275).
• Obtain permission to act as an adoptive parent.
• Send documents to court.
• Make changes to civil registration records ( Art. 34Federal Law dated November 15, 1997 N 143-FZ).

ATTENTION! The court is a mandatory participant in legal relations, certifying the fact of adoption.

To obtain the rights of a guardian you must:

• Contact social security with the required documents.
• Obtain permission to act as a guardian.
• Conclude an agreement.
• Take the child from the social agency in which he is located.

Upon expiration of the contract, the ward is removed from the family based on the decision of the guardianship.

Which is better: guardianship or adoption?

Before choosing an acceptable form of fostering a child, you should familiarize yourself with their positive and negative characteristics.

The positive side of adoption is:

• Establishment of relationships, as well as rights and responsibilities identical to those that exist between biological relatives.
• The adopted child has the opportunity to inherit the property of his parents.
• Protecting the secrecy of adoption. Adoptive parents have the opportunity to change the personal information of the adopted child, including his last name, first name, and date of birth.

Among the negative aspects are:

• The complexity of the procedure. Strict procedure for checking candidates.
• Any material costs associated with maintaining the adopted child are borne by the new parents.

Positive features of guardianship:

• Guardians receive an allowance every month, which pays for the maintenance of the person under their care.
• The ward retains the right to receive alimony from biological parents, as well as benefits from the state.
• As additional support measures, there is the possibility of receiving funds from the state for treatment and education.
• The ward is assigned the right to receive ownership of real estate upon reaching the age of majority.

Negative aspects of guardianship:

• Inability to change the details of the person under care.
• Lack of protection by the state of the secret of transfer into guardianship.
• Possibility of communication between the ward and his biological parents.

Which form is preferable is decided by each candidate individually, since it depends on the capabilities of the future parents and the goals of taking children.

Differences in benefits and benefits

The difference between guardianship and adoption lies in the benefits and benefits provided by the state.

Adoptive parents receive a one-time benefit provided upon the birth of children. When the person being adopted is the second child, the family has the right to receive maternity capital. When a family lives in a region where other types of social assistance are provided, it receives the right to apply for all its types.

As for guardianship, the state finances it from the federal or regional budget. Additionally, it provides for rights to benefits in the field of utility bills, school supplies, transportation, taxes and labor benefits.