Adoption or guardianship, which is better? What is the difference between guardianship and adoption: differences, pros and cons. Differences between adoption and guardianship. How are they different from guardianship?

What Orphanage or a baby's home will not replace a family - the obvious truth. For this reason, the state takes all measures to support the placement of children in full-fledged families. Adopted child may become family, but the absence family values has a detrimental effect on the developing consciousness.

Orphanhood is condemned as a social phenomenon. In turn, adoption and guardianship are welcomed and encouraged at the legislative level. This helps unite people who lack children and parental care, including on an international scale.

Adoption is a form of placement for minors who, for whatever reason, are left without parental supervision. The main feature that distinguishes adoption is a list of rights and obligations that arise between the adoptive parent and the adopted child:

• The adoptive parent receives all the rights and obligations of a parent provided for in the legislation of the country.
• The adopted person acquires the status of a legal child of the adoptive parent and all the rights and obligations arising from this.

As an example, the following powers and obligations of the adoptive parent and adopted child can be cited:

• The adoptive parent has obligations to provide for the adopted child, including alimony.
• The adopted person has the right to act as an heir after the death of the adopted person, along with other heirs of the first category.

The legislation establishes special requirements for persons acting as an adoptive parent and adopted child:

• the person being adopted must be under 18 years of age;
• the age difference between them must be at least 16 years.

Generally speaking, the adopted child becomes for the adoptive parent the same child as his own children. The difference is that not everyone is allowed to adopt, and adoption can be canceled for some reasons, which in turn entails the cancellation of acquired rights and obligations.

Guardianship and trusteeship

If the adoption affects both property and non-property family relationships, then guardianship and trusteeship represent legal forms of protecting the property interests of persons who, for one reason or another, cannot do this on their own. The features of guardianship and trusteeship are:

• Restriction of the right to represent only some of the property interests of the ward.
• The ability to force a person to accept guardianship or trusteeship.

For example, a person can be forced to accept guardianship in the following cases:

• if the person is insane;
• if a person suffers from drug or other severe addiction.

Although in most cases the terms “guardianship” and “trusteeship” are used as similar concepts, they should be distinguished:

• guardianship is granted to persons under 14 years of age;
• Guardianship is established over children from 14 to 18 years of age and adults who have been declared legally incompetent by a court.

However, if we compare them according to the establishment mechanism, then guardianship and trusteeship are similar:

• they can be established by a court decision or agreement;
• they are always temporary and strictly accountable;
• payment may be provided for them.

Payment of compensation or remuneration for guardianship may be provided directly in the agreement or in a court decision. However, payment is not prerequisite, guardianship may be provided free of charge with the consent of the person acting as guardian.

Guardianship fee

A clear advantage of guardianship is payments for patronage, which are established by regional authorities in accordance with the requirements of federal legislation. Their size is influenced by many factors:

• financial condition of the guardian;
• disability of the ward;
• presence of disease;
• social policy of the region.

Let's look at payments for guardianship using the example of guardianship over a child who is a disabled person of the first group:

Thus, the state does not simply transfer the responsibility for caring for children and incapacitated persons to private individuals, but provides considerable financial support to guardians. For this reason, their activities are strictly accountable to supervisory authorities.

Control

Supervision in the field of guardianship is carried out at the regional level by specialized government bodies - departments or administrations for guardianship and trusteeship. Each region has its own administrative regulations, which determine the procedure for guardianship and supervision of guardians. Therefore, each region may have a different approach to this issue.

Thus, the main form of supervision is inspection. It can be carried out either planned (according to a schedule or table) or randomly. Its results are recorded in a special document - an inspection report.

Although federal legislation establishes a specific structure that supervises the activities of guardians, Art. 34 of the Civil Code stipulates that the obligation to supervise guardianship is carried out by the body that established guardianship.

Adoption, guardianship and guardianship: choosing the best form

Before talking about the priorities of one of the considered forms of protecting the property interests of incapacitated or partially capable persons, it is necessary to note the difference between adoption and guardianship. The differences between the two specified institutions are fundamental, although they have the same goal. Guardianship differs from adoption in the following ways:

• Guardianship can be paid, when adoption is strictly gratuitous.
• Guardianship is of an urgent nature, and adoption is valid until it is canceled by a court decision.
• Guardianship is an activity strictly accountable to government agencies, and during adoption, interference from supervisory authorities is minimal.

Guardianship also differs from adoption in that the former is established in cases strictly provided for by law, when the establishment of adoption depends entirely on the wishes of the parties.
Thus, the positive aspects of adoption are:

• acquisition of parental (alimony) rights;
• the emergence of hereditary relationships.

Among the negative features of adoption, it is worth highlighting the complex cancellation procedure. Thus, adoption can only be canceled in judicial procedure. Guardianship or trusteeship, in turn, has the following positive aspects:

• Guardianship allows you to establish a relationship on a temporary basis.
• The guardian’s actions are constantly monitored by supervisory authorities, and government agencies also provide full support.

The negative side of guardianship and conservatorship is the possibility of the guardian to abuse his powers in property matters. Such fraudulent actions on the part of guardians are not uncommon in practice. For this reason, the law does not allow the conclusion of transactions between the guardian (trustee) and the ward in favor of the former.

Who cannot be an adoptive parent or guardian?

Although adoption is preferable to guardianship or the appointment of a guardian, not everyone can act as an adoptive parent. Thus, the legislation establishes the following list of persons who do not have the right to act as adoptive parents:

Also, persons will not be able to act as adoptive parents if they suffer from one of the diseases approved by government decree:

• tuberculosis;
• diseases of the nervous system;
• HIV AIDS;
• defects of the musculoskeletal system;
• there is oncology, all types of malignant tumors;
• drug addiction and other types of negative dependence;
• infections at the time of registration;
• psychical deviations;
• diseases as a result of which disability is assigned with recognition of incapacity for work.

The adoptive parent's residential property must comply with the requirements of housing legislation. So, the following requirements are imposed on it:

• At least 12 square meters for each resident, including the child being adopted.
• A separate room for a child who is over 9 years old and who is a representative of the opposite sex for the adoptive parent.

The law allows same-sex adoptees to move into the same room. So the sisters can be accommodated together, despite the lack of square footage. The income of the adoptive parent must correspond to the level of the subsistence minimum, which is established by regional legislation.

Who has priority to be a guardian?

Although the law quite specifically excludes persons who cannot be guardians or adoptive parents, the following points are taken into account in each individual case:

Thus, priority in appointing a guardian is given to:

• close relatives of the person under guardianship;
• persons chosen at the request of the ward's parents.

The following persons are recognized in family law as close relatives with a priority right to care:

• spouses;
• parents;
• children;
• relatives up to the second degree in direct and collateral lines.

In accordance with Russian family legislation, in cases where parents cannot independently care for their children, they have the right to transfer their children to guardians. In such cases, the law prescribes that the wishes of the parents must be taken into account when choosing a guardian.

Thus, civil and family law Russia establishes guardianship and adoption as a separate social institution, the existence of which serves to solve the problem of raising unattended children, as well as adults who, due to various circumstances, cannot take care of themselves. However, these two institutions are different.

To grow up as full-fledged individuals, children must have parents. But many of them are deprived of this, and even exemplary children's institutions cannot replace parents for their students.

You can take a baby into your family by registering the following legal relations over him: adoption, guardianship.

Today, many citizens confuse concepts such as guardianship and adoption, considering them synonymous. At the same time, if a person has set out to raise an orphaned child, he should know possible options formalization of such a relationship.

Differences between adoption and guardianship. How are they different from guardianship?

What is the difference between guardianship and adoption? These are two terms that are very similar to each other, but they have important differences.

Guardianship is one of the ways to place children left without the care of their relatives in families, and such children are only those who are under 14 years old.

By accepting other people's children, a person does not acquire the powers that parents would have in relation to them; they have a narrow list of rights strictly defined by legislative acts. Although his responsibilities are almost identical to those that parents have in relation to their children.

Adoption is a type of placement of children into someone else’s family, in which they live in it as a child, a relative by blood. In this situation, adoptive parents and their adopted children have a full set of rights and responsibilities as relatives. You can only adopt children who have not yet reached the age of majority. The adoptive parents themselves also have age restrictions; they must be at least 16 years older than their adopted children.

Adoption and guardianship help to find a solution to such a problem as orphanhood of children who, due to various circumstances, have lost parental care. Raising them with guardianship or adoption involves caring for wards or adopted children, although the difference between these concepts is significant.

Thus, adoption can be formalized until the child reaches 18 years of age, and if children are already 10 years old, then their personal consent is required for adoption. Guardianship is issued for children who are not yet 14 years old. The same type of legal relationship can be formalized in relation to an incapacitated person, whose age does not play a key role.

The difference between guardianship and adoption is that the adoptive parent acquires the rights natural parent, under guardianship they are limited.

An adoptive parent, unlike a guardian, can give his adopted son or daughter his own last name. The rights of guardians regarding their wards are limited, and this mainly concerns the property interests of children. In addition, having established guardianship, the guardian is obliged to regularly submit reports to the state, doing this once a year. The adoptive parent is relieved of such responsibilities.

When registering an adoption, parents assume all financial expenses for the development and maintenance of the adopted children. When registering guardianship, guardians receive financial compensation for this. In case of guardianship, this legal relationship ends when the ward reaches 14 years of age. But this could happen earlier if the court decides so. Only deprivation can terminate the legal relationship between the adoptive parent and the adopted person. foster parents parental rights.

Guardianship is a form of relationship between citizens and children in which the trustee is responsible for the ward aged 14 to 18 years. Trustees must assist their wards in ensuring that they can freely exercise their rights.

Another task of the trustee is to protect children from influence and abuse by third parties. That is, the main difference in this form of defining children as guardianship from adoption and guardianship is in age categories.

Rights and responsibilities of adoptive parents and guardians

Having formalized guardianship, the duties of the guardian and his rights are strictly limited by the laws of the Russian Federation. The same restrictions apply to those moments when guardianship is issued for children under 18 years of age.

The responsibilities of guardians are clearly stated in the law. The guardian must:

When drawing up an act that establishes guardianship or guardianship of children, the authorized bodies can prescribe those actions that the guardian is prohibited from performing. Such an order is carried out in the interests of the person over whom guardianship is issued. Guardians are representatives of wards, therefore they have the right:

• represent interests in any institutions or courts, for which they do not need to issue a power of attorney;
• taking into account the wishes or preferences of the child, the advice of government bodies, determine ways to raise wards;
• choose the form of study yourself, as well as the institution for receiving education, taking into account the opinion of the ward;
• resolve issues about the life of the ward;
• demand the return of the ward from the persons illegally detaining him.

The rights and responsibilities of adopting citizens are similar to those that parents have in relation to their children.

Thus, adoptive parents have the following responsibilities:

Rights of adoptive parents:

• adoptive parents have the right to education, and this has a priority right over other persons;
• if other people keep children illegally, then the adoptive parents have the right to demand their return;
• On behalf of the children, adoptive parents act in various legal acts, for example, they can accept an inheritance;
• can independently choose an institution for education, taking into account the child’s opinion.

Pros and cons of adoption and guardianship

To understand which form of legal relationship with children is better to choose, it is necessary to evaluate the pros and cons of each of them. The advantages of adoption, compared to other forms, are expressed in the following:

This form of legal relationship also has some disadvantages:

• adoption is not so easy; this will require a court decision, as well as the provision of many certificates and documents;
• adoptive parents cannot count on state assistance in case of adoption; all financial expenses for maintenance fall on their shoulders;
• The most stringent requirements are put forward to candidates for adoption; before such a decision they are checked and their living conditions are assessed.

There are also advantages when registering guardianship; they also apply to those cases when guardianship is established over children. The advantages of these legal relations are expressed in the following:

The disadvantages of guardianship are the following:

• the child, living as a ward, feels that he does not belong to this family, which is why he can contact his biological parents;
• you cannot change its data;
• the transfer of guardianship is not a secret.

Thus, each of these forms of legal relations between parents and children has its own advantages and disadvantages. They differ from each other in many significant ways.

Which one is better to choose: adoption, guardianship or trusteeship is up to the parents who decide to take care of someone else’s child. When choosing, not the advantages and disadvantages are taken into account, but also the age of the child.

Our life is filled with various unforeseen situations. Unfortunately, sometimes it happens that children in families may be left without parents for various reasons. In such cases, the question arises about the future whereabouts of the child. Fortunately, many kids have relatives who are eager to help. They are the ones who need to know well: how to behave and what to do in the current circumstances. There are two forms of control over orphans. Below we will talk about the difference between guardianship and adoption.

Guardianship is a form of placement of a child who is left without parents in other families, provided that he is not yet 14 years old. This concept can also be used in relation to adults declared incompetent by court. Control over a person who is considered competent, but whose actions must be monitored (drug addicts, etc.) in order to avoid trouble, is called guardianship.

Orphans are given care to the families of relatives, or to all interested citizens who have passed a special check. In turn, the guardian receives a monthly cash benefit. Its size at the beginning of 2019 is approximately 15.5 thousand rubles. The amount varies in different regions in its own way.

When a teenager reaches the age corresponding to the restrictions, guardianship automatically becomes trusteeship. The main disadvantage of guardianship: if the person replacing the parent while the child was in the family did not fulfill his duties well, then upon reaching 18 years of age the ward may be left without proper security in material and property terms. But at the same time, the guardian is obliged to report on the funds spent every month and provide checks to the guardianship department.

Adoption

Adoption is a form of placing a child in a foster family as a child. Adoptive parents acquire full authority over their adopted children. In families, relationships develop between the substitute parent and the adopted child, similar to those formed between children and natural parents.

The main law of adoption is the Family Code. When deciding to adopt a child, you need to know that the main criterion is the age between the adoptive parent and the adoptee; it should not be less than 16 years old. Along with this condition, you need to provide a number of documents:

• statement of desire to adopt an orphan;
• own autobiography;
• income certificate;
• document confirming the availability of your own home;
• a certificate stating that there is no criminal record;
• health certificate;
• a statement of consent from both future parents (but a single person also has the right to adopt, only he needs to provide a copy of the birth certificate);
• Marriage certificate.

To register both adoption and guardianship, you need to contact the relevant authorities at your place of residence.

The difference between the two concepts

Based on this information, we will draw clear conclusions about what is the difference between one form of control over a child and another.

1. Time frame. Adoption is permanent, unlike guardianship.
2. Payments. Adoption is not encouraged in any way by the state, while a certain equivalent is paid for guardianship.
3. Reporting. Guardianship requires strict financial reporting to the state. Adoptive parents may be monitored by the relevant authorities on an unplanned basis to check living conditions.
4. Saving personal data. Adoptive parents have the right to change the first, middle and last names of their adopted children, while guardians do not have this right.
5. Acquiring full parental rights is only possible through the adoption process.
6. Terms of termination. Guardianship is terminated under certain circumstances discussed above, adoption - only by court decision, in the event that parental rights are deprived.
7. Legal aspect. Adoption is carried out within the framework Family Code, according to the court, and the establishment of guardianship - in the conditions Federal Law, by decision of the guardianship and trusteeship authorities.
8. Disposal of property. Guardians have the right to use it only in the interests of the person under their care.
9. A full-fledged relationship develops between the adopted and new parents, which differs little from the interactions between a child and biological parents.

These points define the main differences between two identical concepts, the difference between which, in fact, is quite large.

Similar features

Besides all this, there are similarities between guardianship and adoption. Adoptive families must follow generally accepted rules, which are:

• caring for living conditions and food;
• correct disposal of property rights;
• moral, ethical and spiritual education.

Thus, we found out how two concepts that are similar in nature are similar and different. What to choose - a person decides for himself, based on his own goals. In any case, every child should grow up in affection, care and understanding.

Attention! Due to latest changes due to legislation, the information in this article may be out of date. However, each situation is individual.

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The legislation contains several terms denoting the form of placement of children left without parental care for various reasons. One of these terms is 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:

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

What is the difference between adoptive parents and foster parents?

On the territory of the country, the upbringing of a child can be carried out by a foster family, whose status differs 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.

You should not equate foster parents with 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 deed records civil status (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 negative aspects can be distinguished:

• The complexity of the procedure. Strict order 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 of 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 lump sum allowance provided at 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, then she receives the right to claim all its types.

As for guardianship, the state finances it from the federal or regional budget. Additionally, it is provided for obtaining rights to benefits in the field of payment for utility services, school supplies, transport, taxes and labor benefits.

The problem of abandoned children and orphanages has always been quite acute, and the question of how guardianship 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 concerned citizens to take care of children, but they have some significant differences.

Guardianship

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

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

The upbringing and maintenance of the child is supervised by the relevant guardianship service, and they impose less strict requirements on the host family.

There are two types of guardianship: simple and paid. The second provides for 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 of age; from 14 to 18 years of age, guardianship is established automatically, without concluding additional contracts.

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 money received from the state on themselves, and cannot enter into any transactions on behalf of the orphanage under their care without the consent of the relevant authorities. If the teenager owns any property, a trust agreement must be entered into.

Adoptive family

Adoption involves the adoption of a child into a family by a court decision as a family member.

The adoptive parents receive all parental rights and responsibilities, and the baby receives a last and patronymic name.

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 adopted orphanage or record 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 the parents than care. It involves establishing close family relations between the parties, full acceptance of the orphanage into a foster family without division into natural children and adopted children.

Differences

When a foster parent decides to take a child from a shelter, he is offered the choice of guardianship and adoption. Despite the fact that the end result is the same in both cases, there is still a difference between the concepts:

Guardianship is a temporary solution and ends when the teenager reaches 18 years of age. Adoption lasts a lifetime: even if the teenager’s blood parents are suddenly found, he will not be handed over to them. In this case, the guardian does not have any parental rights - only the responsibility to raise the child.

Guardianship can be provided on a paid basis (the teacher will receive up to 17 thousand rubles monthly), adoption is free, although the state may provide a one-time payment. At the same time, adoptive parents do not.

When leaving, the teacher must report every year to the guardianship authority; foster parents can only wait for an inspection if it becomes known about inappropriate treatment of children.

When supervising 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 dispose of it only after the consent of the guardianship authority. Upon adoption, all the property of the minor passes to the family, and he becomes their heir.

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

A warded teenager can be returned to the orphanage if his blood relatives are again ready to fulfill their duty (the court has restored their parental rights or they have been found) or if there are people who have decided to adopt.

Please take into account: the guardians of an orphanage child in the absence of relatives 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, they can look for him 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 young. 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 comply with all the requirements, as well as complete several courses and commissions.

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

Watch the video in which a specialist examines the legal status of guardians, trustees, adoptive parents and children, the scope of their rights and responsibilities: