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Adoption, guardianship and guardianship are all ways to accommodate minors deprived of parental care or incompetent persons. However, not everyone knows the difference between guardianship and adoption or the difference between guardianship and trusteeship. Let's take a closer look at what these concepts mean.

What are guardianship and trusteeship?

Guardianship and trusteeship are forms of protection of property and personal non-property interests of citizens who are completely or partially unable to perform these functions independently.

However, these concepts are not identical. Thus, when defining what guardianship and trusteeship are, they note that the former is established over children under 14 years of age, as well as over adults who are declared incompetent by the court. As a rule, the latter occurs due to mental illness or dementia.

Guardianship is established over children from 14 to 18 years of age, as well as over adults whose legal capacity is limited by the court. Speaking about who a trustee and guardian are, it is worth noting that they are not legally equal to parents, although in general they perform the same functions.

What is a foster family

A foster family is a form of protecting the interests of children deprived of parental care by accepting them into a family for upbringing. It is created by concluding an agreement between the family wishing to take the child and.

Children are in foster family until they reach adulthood, and they cannot claim the inheritance of their adoptive parents or alimony from them.

If the child has reached the age of ten, transfer him to foster family can only with his consent.

Find out in more detail what requirements apply to adoptive parents, and what legal consequences the creation entails.

Adoption concept

Many childless couples are thinking about raising a child from orphanage, but not everyone understands what adoption is. It represents the adoption of a child into the family as a blood child, after which the child becomes a full-fledged member of this family. In this case, the interests of the minor must be taken into account.

Thus, the person who adopts a child must be able to ensure his full development. In addition, siblings cannot be adopted by different parents, unless this is not contrary to their interests.

Find out who can become an adoptive parent and under what circumstances, as well as what legal consequences this entails.

Legislation

In addition, the regional level may have its own regulations. As a rule, by-laws and documents of local authorities also determine measures of social support for families who have adopted children or established guardianship or trusteeship over them.

Differences between adoption and guardianship

Few citizens understand the difference between adoption and guardianship and trusteeship. At the same time, the distinction between these concepts is extremely necessary, especially for people who have encountered such phenomena in life.

Despite some similarities, such forms of protecting the interests of minors, as well as incapacitated adults, have fundamental differences.

So, if a family adopts a child, he is accepted into the family and has the same rights and responsibilities as natural children. Guardianship implies acceptance of a person as a person being raised. At the same time, the relevant authorities must control the maintenance, upbringing and conditions for the child’s education. In addition, guardianship can be established not only over a child, but also over an adult who has been declared incompetent by a court decision.

For those who can't decide which is better, adoption or guardianship, there are pros and cons to each of these forms. Let's try to figure them out.

Pros of adoption:

• the child becomes a full-fledged member of the family;
• the baby receives the right of inheritance for his adoptive parents, and can also claim alimony;
• You are allowed to give your child your last name, change your name if necessary, and even change your date of birth;
• exists .

Cons of adoption:

• the registration procedure takes a significant amount of time;
• the state provides practically no assistance due to the adoption of a child;
• Strict requirements are established for adoptive parents: their financial situation, living conditions and much more are taken into account;
• Not every person can be adopted according to the law.

Pros of guardianship:

• the registration process is much faster, as it does not require going to court;
• , as well as some other preferences (assistance in placement in an educational institution, recreation and treatment of the child, etc.);
• if the ward does not have his own housing, then it is given to him upon reaching the age of majority;
• more loyal requirements for guardians.

Cons of guardianship:

• the child has the status of being brought up, which can psychologically have a negative impact on him;
• the baby does not have the same rights as the caregiver’s own children;
• it is possible for guardianship and trusteeship authorities to intervene in the process of raising a minor;
• there is no secrecy about the transfer of the child;
• difficulties with changing the child’s last name, inability to change the date of birth.

Thus, when choosing which is better, guardianship or adoption, you need to weigh everything positive sides each form, and also pay attention to possible negative aspects.

Take a sociological survey!

Differences between guardianship and trusteeship

If in the case of guardianship and adoption the legislator provides the opportunity to choose what suits citizens best, then when establishing guardianship or trusteeship, such an opportunity does not exist. In this regard, it is important to know the difference between guardianship and guardianship of a child.

Guardianship is established exclusively over children under fourteen years of age or over adults declared incompetent. Guardianship is established over children from 14 to 18 years of age or over citizens with limited legal capacity.

The wards can independently make small transactions, find employment and freely manage their earnings. And only for more serious transactions will the consent of the trustee be required. Those under guardianship are deprived of this opportunity. At the same time, the guardian must still obtain consent to conclude an important transaction from the guardianship and trusteeship authorities.

Based on the above, it becomes clear that a guardian differs from a trustee in their rights and responsibilities. Thus, the guardian has the right and at the same time the obligation:

1. Conclude transactions on behalf of the ward. The only exceptions are those that can be concluded by the ward personally, for example,.
2. Represent the interests of the ward in court.
3. Bear property liability for damage caused by the ward.

In turn, the trustee:

1. Gives consent for a person to carry out transactions, except those that he can carry out independently.
2. Represents the interests of the ward in court.
3. Bears subsidiary property liability for the actions of the ward.

Adoption, foster family, guardianship and guardianship: main differences

In order to better understand the difference between adoption and other forms of placing a child in a family, study the table below.

	Adoption	Guardianship and trusteeship	Adoptive family
Child status	Rights and responsibilities of a full-fledged family member		Status of a child left without parental care
Reasons for the emergence of relationships	The court's decision	Decision of the guardianship and trusteeship authorities	Agreement between parents and guardianship authority
Requirements for parents	Coming of age Capacity Permanent residence Income level above the subsistence level	Adults Capacity Permanent residence	Adults Capacity Permanent residence
Duration of the relationship	Indefinite	Indefinite or temporary	Temporary
Ability of biological parents to maintain a relationship with the child	Absent	Present	Present
State support	- one-time benefit when transferring a child to a family - payments due to all blood family members	- monthly payments for the child	- monthly payments for the child - wage - apartment for the child upon reaching adulthood
Control by guardianship and trusteeship authorities	Annual examinations during the first three years of the child’s residence with the adoptive parent		4 inspections during the first year and 2 inspections per year for the next five years

conclusions

The legislation provides for several forms of placing a child in a family. In addition to adoption, when a minor becomes a member of the family and has the same rights and responsibilities as the adoptive parent’s own children, in some cases guardianship or trusteeship may be established (depending on the age of the child). As an alternative to an orphanage, the legislation provides for the possibility of raising a minor in a foster family. Each of the above forms has its own characteristics and can be used in various life situations.

Adoption, guardianship, foster family: what's the difference: Video

Master of Law. Also in 2012, he received the specialty “Financial Analytics”. After receiving the second higher education founded an independent appraisal company. I am engaged in the assessment of real estate, land and other property.

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 purpose several different forms of 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 case of incapacity.

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 maternal 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 today Russian legislation does not trust 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:

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:

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 provided (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 (usually 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 by those in respect of whom a positive decision was overturned by the court and the child was returned to the 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.

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If we talk about how guardianship differs from adoption, it turns out that few citizens know this difference. People who have never tried to foster someone else's child find themselves at a disadvantage when faced with bureaucratic procedures. Therefore, before making a choice, you should consider all the details.

What is this

Guardianship or adoption are ways to place a child who has lost his parents into a family. These two forms of raising children are different from each other, although at first glance the difference is not visible. The differences primarily lie in the legal rights of adults who take custody of a minor.

As for guardianship, this is one of the forms of trusteeship. The procedure can be carried out not only by a court decision, but also by a decision of the relevant guardianship authority. One of the main differences between such guardianship and adoption is the monetary reward.

If we talk about how guardianship differs from other forms, it is termination. The difference between guardianship and adoption is that the guardian can lose his rights for various reasons. This may be the achievement of a certain age by the pupil, a decision of the relevant body, etc. If citizens become adoptive parents, then only the court can deprive them of this right.

It follows from this that adoption means the transfer of parental rights. A man and woman who adopt a minor become his parents by law. Only the court has the right to provide the opportunity for adoption and to deprive the rights if the parents fail to fulfill their responsibilities.

Rights of guardians and adoptive parents

To understand what is better - guardianship or adoption, you should understand the rights of persons who take in other people's children. As a guardian, a citizen has the right:

1. Receive all necessary payments and benefits.
2. Keep the property of the ward until he reaches adulthood.
3. Contact government agencies on behalf of the student.
4. Represent his interests in court.

These are the basic rights granted to guardians of minors. Interestingly, the same rights are granted to adoptive parents. They are also obliged to provide the persons being adopted with maintenance, take care of their health and moral development. But persons who have chosen between adoption and guardianship over the former have much more rights. For example, they have the right to change the child’s first or last name, prohibit communication with other relatives, etc.

Information: in the event of a divorce, adoptive parents are required to pay alimony for a minor and be responsible for his actions.

Restrictions

So, child custody and adoption are in different forms education. But there are restrictions that do not allow all citizens without exception to take on such responsibility. The following categories of citizens are prohibited from obtaining guardianship or adopting children:

1. Persons who are incapacitated or have limitations.
2. Previously deprived of parental rights.
3. Released from the duties of a guardian or trustee.
4. Those with disabilities or serious health problems.
5. Not having sufficient financial resources to raise a child.
6. Persons without a fixed place of residence.
7. For those who have a criminal record under certain articles of the Criminal Code of the Russian Federation.
8. Foreigners in same-sex marriages.

The court or guardianship authority will refuse if such facts are discovered.

Differences

Knowing the difference between adoption and guardianship, it is much easier to choose the necessary method of placing a child. Guardianship and adoption have a number of differences, including:

1. Period. The adoption is permanent unless the court rules otherwise. But guardianship is always a temporary phenomenon.
2. Legal aspects. The guardian performs only some of the functions of the parents, while the adoptive parents are the parents in fact.
3. Finance. Guardianship is more profitable, since the state pays a monthly benefit. Adoption only provides for the payment of a lump sum benefit and the opportunity to receive maternity capital.
4. Reporting. Guardianship authorities always monitor the actions of guardians. And even more than that, they are forced to provide reports. Adoptive parents are also checked, but control over them is not so strict, and they do not need to write reports.
5. Personal data. Since the guardian is only a temporary parent, he does not have the right to change the child's data. The adoptive parent, having the rights of a parent, can give the minor his last name or patronymic.

When choosing a form of device for a minor that is different from the others, you should take into account all the nuances.

Advantages and disadvantages

The pros and cons of these methods of raising someone else's child often help to make right choice. When it comes to guardianship, you should consider the following advantages and disadvantages:

1. Full custody is only possible until the child turns 14 years old. Then he becomes partially capable.
2. The guardian is obliged to provide the pupil with the opportunity to communicate with relatives.
3. Until the age of 14, he can carry out any transactions on behalf of the child under guardianship.
4. Receives benefits from the state.
5. Can independently determine methods of raising a minor.

Adoption also has its good and bad sides. The advantages include:

• providing the child with a full-fledged family;
• preservation of inheritance rights to the property of the adoptive parents after the person reaches the age of majority;
• the opportunity to give the baby your last name:
• relatives of the adoptive parents become relatives of the baby;
• The secrecy of adoption is protected by law.

Another thing is the disadvantages of adoption. These include the following facts:

• it takes a long time to formalize, since the procedure is carried out with the help of the court;
• all responsibility for the baby falls on the adoptive parents;
• there are many requirements for candidates, especially in financial terms;
• difficulties with choosing a child.

Knowing how child custody differs from adoption, you can have no doubt about your choice. Much lies in good attitude an adult to a child whom he is going to raise and vice versa. In addition, the opinion of children is taken into account if they have already reached 10 years of age.

Despite all this, many choose adoption. Naturally, for this you have to go through a complex procedure, since candidates are selected very carefully. But adoptive parents are parents, especially if the child does not know the truth. There are fewer requirements for guardians, and after a person reaches the age of majority, their services are no longer needed.

Children who need the attention of adults may find themselves adopted or under, which is the difference between guardianship and the Family Code.

The Constitution states that every person has the right to a family, where, first of all, he can find his parents. Orphanage does not provide proper education: only confidential contact with a loved one will give the child a chance to decent life, harmony. It is possible to adopt or establish guardianship over other people's children. Both cases have their own nuances.

Guardianship is a way of arranging for the upbringing of minor children who are left without parental care; it is a form of representation of human interests if they are incapacitated after a court decision has entered into force.

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

Adoption is a form of placing a child left without parental care as a natural child into 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 must be followed. Children to be adopted must be under 18 years of age, adoptive parents must be 16 years older.

Comparison of two legal concepts

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

It is possible to register the adoption of a child at any age up to the age of majority, if the person being adopted 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, accepts the child into the family, and is given a family surname. Guardians have significantly limited rights, this applies to the disposal of the child’s property. In addition, the guardian is required to report to government authorities every year, while the adoptive parent is relieved of such obligation.

A reward is provided for, it amounts to several thousand rubles per month. Adoptive parents do not have the right to count on such compensation, since they assume all responsibilities for raising the child. Guardianship is automatically terminated when a person reaches 14 years of age or on the basis of a court decision. only after deprivation of parental rights.

Guardianship and adoption - differences

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

Nuances of adoption

The following citizens are not considered adoptive parents:

• incapacitated or partially capable;
• deprived of parental rights;
• citizens who were previously adoptive parents, and adoption was abolished through their fault;
• are or have been registered or treated in a drug treatment or psychoneurological dispensary;
• abuse alcohol and drugs;
• do not have a permanent place of residence and permanent finances;
• other citizens if their interests conflict with the children's interests.

When adopting, preference is given to relatives; couples who are adopting multiple siblings; citizens of Russia; married couples. The consent of the child is required for the adoption procedure; cases are excluded when, due to health or age, the child cannot express his opinion.

The consent of guardians/trustees or adoption is required, given consent can be obtained by decision of the guardianship authority or in court (if adoption is formalized 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 reason for adoption, the state of health and personality of the child, the length of time during which the adoptive parent has already cared for the child, and the attitude towards the adoptive parents of the children.

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

The benefits of adoption are:

• Allowing the child to feel like a full member of the family.
• Retention of all relationships and inheritance rights, including after reaching adulthood.
• The possibility for the child to receive the adoptive parent's surname, change his name, patronymic and, in some cases, date of birth.

• Adoptions longer than guardianships require the approval of a judge.
• The state provides practically no assistance after the adoption procedure, with the exception of the provision of postnatal leave and government payments after the birth of a child.
• Tighter requirements for applicants for adoptive parents, their financial situation, living conditions in comparison with other formal arrangements.