What is the difference between adoption and guardianship? How is child custody different from adoption, what are their pros and cons, which is better? Disadvantages of the device form

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

What is this

Custody or adoption are ways of placing a child in a family who has lost his parents. These two forms of parenting are different from each other, although at first glance the difference is not visible. The differences, first of all, lie in the legal rights of adults who issue guardianship over a minor.

As for guardianship, this is one of the forms of guardianship. 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, the decision of the relevant authority, 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 a woman who adopt a minor are legally the parents of the minor. Only the court has the right to provide the possibility of adoption and deprive the rights if the parents do not cope with their duties.

Rights of guardians and adoptive parents

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

1. Receive all necessary payments and benefits.
2. Keep the property of the guarded person until he reaches the age of majority.
3. Apply on behalf of the pupil to state institutions.
4. Represent his interests in court.

These are the basic rights that are vested in the guardians of minors. Interestingly, the same rights are granted to adoptive parents. They are also obliged to provide the adoptees with maintenance, care for their health and moral development. But those who have chosen between adoption and guardianship the first have much more rights. For example, they have the right to change the child's name or surname, prohibit communication with other relatives, etc.

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

Restrictions

So, guardianship of a child and adoption are different forms of education. But there are restrictions that do not allow all citizens without exception to take on such responsibility. It is forbidden to issue guardianship or adopt children to the following categories of citizens:

1. Persons with disabilities or disabilities.
2. Previously deprived of parental rights.
3. Released from the duties of a guardian or custodian.
4. Those with a disability or serious health problems.
5. Not having enough material base for raising a child.
6. Persons without a fixed place of residence.
7. 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 (adoption) and guardianship, it is much easier to choose the necessary method for placing a child. Guardianship and adoption have a number of differences, among which are:

1. Period. The adoption is permanent unless the court decides 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 them in fact.
3. Finance. Guardianship is more profitable, since the state pays a monthly allowance. Adoption provides only for the payment of a lump sum and the opportunity to receive maternity capital.
4. Reporting. Guardianship authorities always control 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, may give the minor his surname or patronymic.

When choosing a form of device for a minor person that differs from the rest, all the nuances should be taken into account.

Advantages and disadvantages

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

1. Full guardianship is possible only until the child is 14 years old. Then he becomes partially incapacitated.
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 a child under guardianship.
4. Receives benefits from the state.
5. Can independently determine the methods of education of 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 adoptive parents after the person reaches the age of majority;
• Giving your child a 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 draw up, since the procedure is carried out with the help of the court;
• all responsibility for the baby lies with the adoptive parents;
• many requirements for candidates, especially in material terms;
• Difficulty choosing a child

Knowing how custody of a child differs from adoption, you can be sure of your choice. Much lies in good attitude adult to the child he is going to raise and vice versa. In addition, the opinion of children is taken into account if they have already reached the age of 10.

Despite all this, many choose to adopt. 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 baby 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.

The problem of abandoned children and orphanages has always been quite acute, and the question of how custody differs from adoption can be very important for potential parents.

Orphans can be taken into the family by relatives or strangers (adoptive parents), and, thereby, give the kids everything they need for a full life.

Both procedures allow caring citizens to take care of children, but at the same time they have some significant differences.

Guardianship

Guardianship is a form of representing the interests of incompetent citizens (minors, the elderly or the mentally ill) without changing attitudes towards them.

He is brought up in a family, but does not become a relative of the guardians according to the documents, that is, he retains his last name. One of the family members can also become a guardian.

The upbringing and maintenance of the baby is supervised by the appropriate guardianship service, while they impose less stringent requirements on the adopted family.

There are two types of guardianship: simple and compensated. The second provides for the payment to the teacher of a certain monthly amount for education and the conclusion of an agreement, as well as some benefits.

Please note: guardianship is provided for adolescents under 14 years old, from 14 to 18 years old, guardianship is established automatically, without concluding additional agreements.

At the same time, both the guardian and the trustee are seriously limited in their rights in relation to the pupil. For example, they cannot spend the money received from the state for themselves, they cannot conclude any transactions on behalf of the ward of the orphanage without the consent of the relevant authorities. If a teenager owns any property, a trust agreement must be concluded.

foster family

Adoption or adoption involves the admission to the family by a court decision of the baby as a native.

Adoptive parents receive all parental rights and responsibilities, and the baby - a surname and patronymic.

At the same time, in some regions, the state pays 300-500 thousand rubles or gives certificates for the purchase of housing.

It is worth noting: parents can also change the name of the foster child or write down a different date of birth (no more than 3 months) if they want to keep the adoption secret.

It is important to remember that adoption is a serious step that places more responsibility on parents than leaving. It involves the establishment of close family relations between the parties, the full acceptance of the orphanage into a foster family without division into natural and adopted children.

Differences

When a foster parent is about to adopt a child from a shelter, he or she is offered the choice of foster care and adoption. Despite the fact that the end result is the same in both cases, the difference between the concepts still exists:

Guardianship is a temporary solution and ends when the teenager reaches 18 years of age. Adoption, on the other hand, lasts a lifetime: even if suddenly there are blood parents of a teenager, he will not be transferred to them. At the same time, the guardian does not have any parental rights - only the obligation to raise the baby.

Guardianship can be made on a paid basis (the teacher will receive up to 17 thousand rubles a month), adoption is free of charge, although the state may allocate lump sum payment. At the same time, adoptive parents - no.

When leaving, the educator must report every year to the guardianship authority, foster parents can only wait for verification if it becomes known about the inappropriate attitude towards children.

When looking after a minor, the right to property is retained: for example, if he was registered in an apartment, then it remains his property, the guardian has no right to it and can only dispose of it after the consent of the guardianship authority. Upon adoption, all the property of a minor passes to the family, while he becomes their heir.

In some cases, care can be terminated (all of them are described in laws), adoption provides exclusively for the deprivation of parental rights.

A custodial teenager can be returned to Orphanage if his blood relatives are again ready to fulfill their duty (the court restored their parental rights or they were found) or if there are people who decide to adopt.

Please note: in the absence of relatives, the guardians of the orphanage usually become his relatives, for example, aunts and uncles or grandparents, that is, those who cannot adopt him.

Often, under guardianship, the baby can meet with his parents, he can be searched for new family, he will also know that the guardians are not his family, but only those who help him. This is stressful for the teenager himself, especially if he is still small. At the same time, guardianship is a good test for the adoptive parents themselves: if they are not ready to accept the baby, it will be easier for them to “return” him.

When adopted, a teenager becomes part of the family both on paper and in life, and therefore, excessive demands are placed on future parents. They must not only collect Required documents, but also fully meet all the requirements, as well as pass several courses and commissions.

Despite the obvious benefits of guardianship, many families seek to formalize adoption, which is also a higher priority for the state. This is the same best solution for children, as they receive real family. At the same time, taking children under guardianship for a while can help parents to assess their strengths sensibly.

Watch the video in which the specialist considers the legal status of guardians, trustees, foster parents and children, the scope of their rights and obligations:

In the life of an adult and a child, there are different situations who are able to put the family in a difficult situation: material, financial, psychological and social. Such circumstances may be:

• death of parents;
• evasion of their parental duties;
• serving sentences in prisons and camps;
• deprivation or restriction of parental rights by a court decision;
• recognition of the parent as incapacitated by a court decision;
• being in compulsory treatment.

In these cases, the child is left without parental care, may be placed in an organization for orphans (“orphanage” and children left without parental care for the purpose of further life arrangement. If there are relatives who are ready to take the child under guardianship or guardianship, priority is given the birth family, relatives of a minor are invited to collect a package of documents to establish guardianship.

There is another form of placing a child in a family, called adoption (adoption).

It can be established if a married couple wants to raise a baby in order to give him the status of a son or daughter. Another factor is, for example, the following situation: there is a family where there is a child from the mother's first marriage, and the current husband has a desire to give him his last name, to become a single family, to be a father.

What is guardianship

To begin with, we note that there are some differences between guardians and trustees.

1. They talk about guardianship when it comes to children under 14 years old or completely incapacitated adults, who also need to be looked after like little ones.
2. Guardianship can be established, for example, over teenagers aged 14-18, or over adults who are capable, but who need to be controlled in order to avoid trouble (for example, drug addicts). The trustee controls the transactions made by the ward.

The main priority in the upbringing of any child is the family, whose members will support in difficult times, will provide assistance in a difficult situation. The correct formation of a person's personality occurs only in this form of education.

The concept of guardianship implies the life arrangement of children left without proper parental care by their relatives or citizens who wish to take custody of a child, but who have previously undergone specialized training.

When a child reaches the age of 14, his legal representative becomes a trustee.

In the staff of the institution that exercises control over guardians and trustees, there are also citizens who are professionally involved in raising children, they are called foster parents. As a rule, they practice recruiting several children into their families, often becoming mothers and fathers for them, and after 18 years they let them go into adult, independent life. Between them and the institution social protection of the population, an agreement on a foster family is concluded, within the framework of which they have their own rights and obligations.

Guardianship, guardianship and foster family also have financial support. The adoptive parent is a kind of employee of the institution social development, therefore, he receives a monthly remuneration for his activities (note that here we are only talking about the situation of caring for minors), its size in 2020 is set as 18,004.12 rubles.

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Depending on the region, the size may be higher. The adoptive parent is considered professional employee standing up for the rights and interests of children. An allowance in the amount of 40% of the income of the adoptive parent is also paid.

A child raised in a foster or foster family, can receive monthly allowance for content.

It is required if the minor has the status of an orphan, or the parents are in compulsory treatment, registered with a narcologist, serving a sentence, deprived or limited in parental rights. In case of parental evasion from duties, such allowance is not assigned.

POSITIVE FEATURES

The advantages of establishing guardianship in comparison with finding a child in a state institution can be considered:

• raising a child in a family with instilling in him the necessary social norms and values, the correct formation of personality;
• protection of his property and financial rights;
• control over education, health and life protection;
• successful adaptation in society.

Flaws

Guardianship has only one disadvantage - if during the stay in the family, the guardian improperly performed his duties, then the child, after coming of age, may remain unprotected financially and propertyally. In addition, quite rare, but sometimes there are cases of abuse in the family.

What is adoption and adoption: pros and cons

Adoption or adoption implies a completely different form of a child's life in a family, different from guardianship, their difference in goals, a package of documents, and a mechanism for giving status to a child. It is aimed not at the temporary education of a minor under 18 years of age, but at his permanent residence in a family.

It is possible to adopt or adopt a child through court proceedings if he has the status of an orphan, or there is a refusal from his parents, or is brought up by one of the parents, and there is no second legal representative, which is confirmed by a certificate of the registry office form No. 25 (on birth).

pros

Adoption (adoption) has its advantages:

• the child, in accordance with the law, is the son or daughter of the adoptive parents;
• legal representatives are obliged to ensure and protect by all reasonable means the rights and interests of this minor;
• upbringing in a family where he is desired, will feel love, support and care.

Minuses

The difference between guardianship and adoption (adoption)

A person who decides to take custody or adopt a child asks himself: what is the difference between custody and adoption?

The difference between guardianship and adoption is global, these are 2 completely different forms of placing children in families. They have the following differences:

• adoption differs from guardianship in its purpose - guardianship or a foster family may involve raising a child up to 18 years old, and adoption is confirmed by the status of a son or daughter;
• the guardian provides for the needs of the child, relying on financial support from the state, and the adoptive parent acts independently in this regard;
• guardianship is issued in the department of guardianship and guardianship, and adoption is established in court;
• guardianship and guardianship are supervised by specialists of the guardianship and guardianship department until the child reaches the age of 18 with the help of checks on the living conditions of the wards, adopted children are checked only during the first three years after the trial.

What is better guardianship or adoption, it is up to the future parents themselves, since the paperwork depends on the goals of the candidates, for how long they are ready and able to raise a child. What is the difference between them can be seen in the legislative aspects. The mechanism for establishing guardianship is regulated by the Federal Law "On Guardianship and Guardianship", and the adoption process is regulated by family code RF.

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

Definition of concepts

In Russia, guardianship is one of the forms of accepting children under 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 taking on the upbringing of children, this is evidenced by Art. 124 RF IC. This service is provided free of charge. As a result, there are relations equated by law with blood relations.

Guardianship and adoption have a number of significant differences:

	guardianship	Adoption
The duration of the relationship	The period is determined by agreement.	Unlike guardianship, parenting is a lifelong responsibility.
Legal status	The rights of a legal representative are granted to protect the rights and interests.	All rights and obligations of a biological parent are granted.
Government assistance	Allowances, subsidies and benefits are provided.	Allowances, benefits and subsidies are not provided.
Control by social authorities	The obligation to report every month on the spending of state benefits.	There is no obligation to make monthly reports, but the authority may check the living conditions of the family.
Permissibility of changing personal data	The law is not allowed.	The secrecy of adoption is protected by law, if necessary, it is allowed to change the full name of the child.
Establishment procedure	It is drawn up by a social body, through an agreement.	Set by court order.
Cancellation procedure	The relationship is terminated on the basis of the application of the guardian or the decision of the body of guardianship and guardianship.	Terminated only on the basis of a judicial act.

Thus, it is clear that these forms of arrangement provide for a different status of subjects, and different types legal relationship between them.

What is the difference between adoptive parents and adoptive parents?

On the territory of the country, the upbringing of a child can be carried out foster family whose status differs from that of the adoptive parents.

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

The main duty is the upbringing of the baby in the conditions of the family in which the child lives until he reaches the age of majority. Education is carried out for a fee, transferred by the state.

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

It is not necessary to identify foster parents and guardians, since the former perform their duties free of charge.

Differences between adoption and custody

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

In order to adopt, you must:

• Choose a child.
• Collect documents and apply to social security (the list of documents must comply with Section II of the RF Government Resolution of March 29, 2000 N 275).
• Obtain permission to act as an adoptive parent.
• Submit documents to court.
• Make changes to civil status records ( Art. 34Federal Law of November 15, 1997 N 143-FZ).

ATTENTION! The court is an obligatory participant in legal relations, certifying the fact of adoption or adoption.

To obtain the rights of a guardian, you must:

• Contact Social Security with the required documents.
• Obtain permission to act as guardian.
• Conclude an agreement.
• Pick up a child from social body in which it is located.

Upon expiration of the term of the contract, the ward is removed from the family on the basis of the decision of the guardian.

Which is Better: Custody 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:

• Establishing relationships, as well as rights and obligations, identical to those that develop between biological relatives.
• Adopted, gets the opportunity to inherit the property mass of the parents.
• Protection of the secrecy of adoption. Adoptive parents get the opportunity to change personal information adoptee, including his last name, first name, and date of birth.

Among the negative aspects are:

• The complexity of the procedure. strict order verification of candidates.
• Any material costs associated with the maintenance of the adopted child are borne by the new parents.

Positive traits of guardianship:

• Trustees, every month receive an allowance, due to which the maintenance of the ward is carried out.
• The ward retains the right to receive alimony from the biological parents, as well as benefits from the state.
• As additional support measures, there is the possibility of obtaining funds from the state for treatment and education.
• The ward is assigned the right to receive ownership of immovable residential premises upon reaching the age of majority.

Negative aspects of guardianship:

• Inability to change the data of the guardian.
• Lack of protection by the state of the secret of transfer under guardianship.
• Opportunity for the custodian to communicate with their biological parents.

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

Differences in allowances and benefits

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

Adoptive parents receive lump sum given at the birth of children. When the adopted child 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 acquires the right to apply for all its types.

With regard to guardianship, the state at the expense of the federal or regional budget. Additionally, it provides for obtaining rights to benefits in the field of payment for utilities, school supplies, transport, taxes and labor benefits.

Guardianship is a kind of family education of minor children under the age of 14 who are left without parental care.

It is also a form of representing the interests of a person who is recognized as incompetent by a court decision.

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

What is guardianship and who can become a guardian?

Definition of adoption

Adoption is a type of family upbringing of children who are deprived of parental care. It is distinguished by the establishment of relationships, as between native children and parents.

Adoptive parents become the owners of all the duties of parents to children. The procedure is regulated by special laws and regulations.

The adoptee must be a minor (i.e. under 18) and the adopter must be 16 years older than the child.

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

Differences between them

So what is the difference between custody and adoption?

These concepts differ in the following aspects:

Pros and cons of this form

Guardianship has the following benefits:

• the decision is made by the leadership of local governments, because of this, the registration process is faster than with adoption;
• lower requirements for housing and wages are put forward for the guardian than for adoptive parents;
• for a child under guardianship, the state pays an allowance, helps with rest, placement for education and treatment;
• after the child reaches the age of 18, in the absence of housing, the state provides living space.

The disadvantages of guardianship are:

1. the educated person does not feel like a full member of the family;
2. relatives of the child can see him, and sometimes take him back;
3. third parties have the right to adopt a child;
4. you can not change personal data - date of birth and name.

Adoption has the following benefits:

Disadvantages of the device form:

1. a court decision is required, i.e. the process of registration takes longer than guardianship;
2. all responsibilities for providing for the child lie only with the newly acquired parents;
3. rather high requirements for housing, salaries of adoptive parents;
4. not all babies 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 the candidate for adoptive parents does not meet high requirements, then in this case guardianship becomes a way out. After all, even single citizens become guardians. In addition, the requirements for a guardian are lower than those for adoptive parents.

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

Another nuance is inheritance rights. When choosing guardianship, neither the guardian nor the child under guardianship has the right to inherit and dispose 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 the family as one's own. where all responsibilities come from. This is the preferred form of the device.

Custody is the adoption of a child as a foster child. Guardianship is allowed to establish over children that have not reached 14 years of age. And guardianship can be established over children aged 14-18 years.

The guardian has the same rights as the parents in terms of education, upbringing, maintenance, responsibility. But with guardianship or guardianship, you will have to bear a regular response to the authorities.

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

With any type of device, the requirements for the health of persons who receive a child are the same.

The topics of adoption and guardianship are very delicate, but not unimportant. All forms of the device provide care for the child. The difference concerns only legal and monetary aspects.