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What is the difference between custody and adoption. Types of family placement of children and their differences: adoption, guardianship or guardianship, foster family, patronage

Legislation establishes various forms of placement for orphans who, for whatever reason, were left without parents. The circumstances can be very different: death, deprivation of rights, isolation from society, a serious illness or a long business trip.

It will be possible to take guardianship over the abandoned babies or adopt them. Although both procedures are similar in terms of reasons and procedure for implementation, they also have some differences. In any case, there must be grounds for this, and the applicant himself must meet certain requirements. Subsequently, he will need to collect some information material and apply to the guardianship authorities.

Adoption will be possible only if the natural parents were declared dead, missing, incompetent, deprived of their rights, abandoned the baby or do not live with him for more than six months and do not take part in his upbringing.

The main concepts in this case are guardianship and adoption. Their definition is established by special regulatory legal acts. These include the Civil and Family Codes of the Russian Federation, as well as the Federal Law "On guardianship and guardianship" dated April 24, 2008 No. 48-FZ.

Guardianship (guardianship)

Guardianship is established over babies who have not reached the age of fourteen, and guardianship is established over those who have exceeded this age bar. The purpose of such a procedure is to protect the rights and legitimate interests of the ward, as well as to ensure proper living conditions, good nutrition, education and medical care.

Adoption

The essence of adoption lies in the fact that an adult or a married couple not only receive certain rights and take on some responsibilities in relation to the baby, but also accept him into his family completely. That is, they become related to each other.

Differences

Despite the similarity of the implementation procedure and the range of rights and obligations provided in relation to the baby, there is a noticeable difference between guardianship and adoption by status. This is primarily due to the nature of the legal consequences that each of the procedures will entail.

Note!

The requirements for candidates are the same in both cases.

Legal Consequences

The differences between guardianship and adoption lie in the consequences that occur for the person concerned. This is due to the status of the initiator.

In the case of guardianship, a person receives rights and obligations similar to parental ones, but he is somewhat limited in his actions. First of all, the guardian will not be able to independently dispose of the baby's property, as well as freely make claims regarding the rights and interests of the child, and determine the methods of education. Regardless of the nature of the actions, he will need to obtain permission from the guardianship authorities. The guardian will have to report annually to the authorized body. At the same time, the guardian has the right to independently determine ways to ensure appropriate living conditions, food, medical care and education for the child.

Also, the procedure is limited in time. The term of guardianship is determined initially. Most often, it is tied to the age of the child or the onset of certain circumstances. In the first case, we are talking about the child reaching the age of fourteen, after which only guardianship is possible. In the second, everything is connected with reasons that make guardianship impracticable, for example, adoption or adoption. Also, the child does not lose the right to communicate with his biological parents or other relatives, if they are alive and not limited in such an opportunity.

The duties of an adoptive parent are similar to those of a guardian. He must also provide adequate food, lodging, education and medical care. However, the list of rights is much wider than that of a guardian. The adoptive parent can freely dispose of the baby's property, if this does not contradict the interests of the latter. He has the right to limit or completely exclude contacts with blood parents. An adoption can only be canceled by a court order. It is not limited by any time frame, such as age. The agreement with the adoptive parent is not concluded. Also, the adoptive parent may be the heir to the property of the child in the event of the death of the latter.

Requirements for candidates

The requirements for applicants for the status of guardian and adoptive parent are identical. These must be persons who have reached the age of eighteen years, not limited or deprived of full legal capacity. At the same time, certain restrictions are set for each of the candidates.

A person who:

Recognized as incapacitated or limited in such capabilities. This rule also applies to married couples. If any of them is deprived of legal capacity or limited in it, guardianship and adoption will not be established.
Deprived of parental rights or limited in them.
Removed from guardianship.
Deprived of the rights of the adoptive parent by a court decision.
For health reasons, unable to perform duties of this nature.
Not having the income necessary to provide a living wage for a child.
Tried for committing crimes, including grave and especially grave.
Not having a permanent home.
Not having received special training at the school of adoptive parents.
In a same-sex marriage.

Note!

Individuals who are not married to each other cannot jointly adopt the same child.

Procedure

Guardianship and adoption procedures are also different. The first is implemented somewhat easier than the second.

Appointment of guardianship

Guardianship is appointed if there are sufficient grounds for it. That is, the baby should be left without parental supervision. Such reasons can also be positive, for example, a long business trip.

To do this, the applicant must collect a number of documents.

They include:

Passport.
SNILS.
Salary certificate for the last year of work.
Information from the police about the absence of a criminal record.
Health information.
Autobiography.
Certificate of completion of school of foster parents.
Copy of workbook.
Documents confirming the availability of residential premises on the right of ownership or terms of employment.
Consent of other family members to live with the baby.
Conclusion on the compliance of housing with sanitary rules.
Certificate of registration at the place of residence.

For a child, you will need to submit:

A copy of the birth certificate.
Medical certificate.
Consent of a child over ten years of age.
Baby registration details.
Written consent of his biological parents. Adoption is not required.
Data from the educational or healthcare organization in which the baby is located.
A court decision to deprive or restrict the rights of parents.
A copy of the death certificate of the parents, if they have passed away, or a court decision on recognizing them as such or missing.
Information about the announcement of the mother and father on the wanted list.
Certificate of disability of parents.

Next, you will need to prepare a written application and send it to the guardianship authorities. This can be done by yourself, by mail, through the MFC, the Internet or a legal representative. After that, the guardianship authorities examine the applicant's housing conditions and issue a conclusion. If it is positive, then the person will receive the desired status.

Adoption

The adoption process at the initial stages is similar to guardianship. Interested persons will also need to undergo special training, collect documents and apply to the guardianship authorities, which conduct an audit and draw up a conclusion.

Note!

The procedure does not end there, because, in the case of adoption, the final decision is made by the court.

That is, a person who has a conclusion of the guardianship authorities must file a statement of claim.

In the text, he states:

Name and address of the court.
Information about yourself and your baby
The adoption petition itself.
List of attached information.
Date and signature.

After that, the claim material is submitted to the court in person, sent by mail or via the Internet. The adopted decision, after the entry into force, is sent to the registry office. Where should the adoptive parent go next? There he will be given a new birth certificate for the baby.

In this article, we will talk about adoption, the pros and cons of adopting children, the documents required for this, etc.

It should be noted right away that today adoption is not the only form of adopting a child into a family. Guardianship, guardianship, patronage, mentorship, and a foster family are also enshrined in Russian legislation.

There was a time when very few children were adopted in our country. The unpopularity of adoption has been influenced by various myths about bad genes, poor health, mandatory problems during adolescence, and so on. Now the situation, fortunately, is changing, and single babies are taken into their families not only by couples for whom the birth of their own child is impossible, but also by families in which their children are already growing up. But now new myths are emerging - about the countless necessary documents, unrealistic requirements for future parents, queues for adopted children.

In the guardianship authorities, the attitude towards foster parents is almost always friendly. Of course, your apartment will be checked, a psychologist will talk to you, and many questions will be asked at each meeting, but this can be understood - you need to give your children in safe hands. Of course, there are no queues for children - the number of single children is huge, and there are still not so many who want to take the baby into the family.

If you have any doubts about your child's health, you can independently undergo an independent medical examination with him.

In the case of a positive court decision on adoption into a family, the child is accepted with the same rights as natural children. The obvious advantage of adoption is that the child gets a real family. At least three years after adoption, be prepared for visits from guardianship representatives.

Pros of adopting children

The advantages of adoption are also that the child, upon reaching the age of majority, retains relations and inheritance rights; a child who has been adopted can change his last name, first name and patronymic, date and place of his birth; legally protected secrecy of adoption.

Cons of adopting children

However, there are also disadvantages of adoption, and the most basic one is a long registration process, since adoption is approved by a court decision.

Other disadvantages of adoption include rather stringent requirements for housing conditions and the financial situation of future parents; the obligation of adoptive parents to fully support the adopted child (assistance from the state - one-time); restriction in choice - not every child left without parental care can be adopted.

Assistance from the state in the adoption of a child:

1. One-time state allowance - 8 thousand rubles at the moment;

2. Monthly payment for adoptive parents of children left without parental care or orphans or in the territory of Moscow after 01.01.2009 - 12 thousand rubles;

3. One-time compensation from the government of Moscow upon adoption of a child in the amount of 5-10 living wages;

4. In case of adoption of an infant, one of the parents is entitled to take postnatal leave and receive all payments due in connection with the birth of the child;

5. If the adopted child in the family is the second, third, etc. in the family, he has the right to maternity capital.

Carefully reviewing everything pros and cons of adopting children other forms of child custody may be considered.

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 of legal relations that develop 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 by a foster family, the status of which 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 the child from the social body in which he is.

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 the personal information of the adoptee, including his last name, first name, and date of birth.

Among the negative aspects are:

The complexity of the procedure. Strict screening 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 a one-time allowance provided 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.

Despite the fact that these two forms denote the family structure of citizens, there is still a difference between these concepts. As a result, everyone will be able to independently decide what is better to draw up, as well as what rights and obligations are assigned to the guardian, and what are the pros and cons of one form or another.

What is this

Guardianship is a form of arrangement for children who are left without parental care and attention.

This also includes the device of citizens who, by a court decision, are considered incompetent ().

Adoption is a family form of placement of minor children who were left without the care of blood parents ().

When adopting a person who has adopted a child into their family, they acquire all parental powers. Relationships develop between children and adoptive parents similar to those between biological parents and children. The first thing that draws attention to when applying for an adoption is the age difference, which cannot be less than 16 years.

Video: meeting of guardianship and guardianship authorities

Legislation

The Family Code acts as the main law on adoption.
The procedure for the transfer of minor children has been approved.
Legal regulation of the process of registering documents in the bodies of the act of record is carried out on the basis of.
Registration of guardianship in civil proceedings takes place taking into account the requirements of the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation.

On the basis of these regulatory documents, a guardian is appointed for young children or incapacitated citizens. The implementation of the rights and obligations governing the legitimate rights and interests of the wards takes place on the basis of.

When unlawful actions that violate the rights and interests of adopted or guarded persons are revealed, the relevant articles of the Criminal Code may be applied to offenders.

Adoption

Registration of adoption of minor children consists of several stages.

The first is filing an application with the relevant authorities about the desire to take an orphan child into the family.
Next, you need to collect and submit the necessary package of documents.
After that, the adoption case is submitted to the court for consideration and decision.

Forms

Adoption is a form of placement of minor children in a foster family, which does not imply that the adoptive parents receive any benefit. Between adoptive parents and children left without parental care, legal relations similar to consanguinity are established.

Adopted children have the same property and other rights as their own children ().

Documentation

Persons interested in registration of adoption must provide the following documents:

a statement about the desire to take an orphan child into the family;
autobiography of the adoptive parent(s);
certificate of income from the place of work or declaration;
extract from the house book;
certificate of availability of own housing;
a certificate from the internal authorities on the absence of a criminal record, as well as information on the presence or absence at the time of registration of the adoption of an open case on the fact of a crime against the life and health of a person;
a certificate from a medical institution on the state of health of the adoptive parent;
a copy of the marriage certificate;
when registering adoption by one of the spouses - a statement of consent of the second spouse.

It is worth recalling that the list of diseases that may serve as a reason for refusing adoption has been approved

Where to go

If a family decides to accept a child from an orphanage or baby's home, the first question is where to apply for paperwork.

Spouses must apply to the guardianship and guardianship authorities at the place of residence.

Authorities staff:

give full consultation on paperwork;
and also explain which body makes the decision on adoption.

Final decision

The decision on the possibility or impossibility of transferring orphans to the care of foster families is made in court ().

Guardianship

Guardianship is for:

disabled citizens ();
young children;
as well as disabled children who have lost parental care ().

Guardians can be:

close relatives;
or persons wishing to take these citizens under guardianship, having the citizenship of the Russian Federation.

Registration of guardianship is considered a paid form of placement of children or incapacitated citizens and involves state assistance in the form of benefits and lump-sum payments.

patronage

Patronage guardianship is a form of arrangement for an elderly person who has been declared incompetent by a court, provided that he requires constant care and attention ().

Patronage guardianship is considered a gratuitous form of guardianship and does not imply any benefits for the trustees, however, caring for an elderly person is counted in his seniority.

Children

When applying for guardianship or adoption, citizens who wish to adopt an orphan child into the family must weigh the pros and cons and decide in favor of one or another procedure.

Rights and obligations

Guardians and adoptive parents are entrusted with a number of duties and powers provided for by the legislation of the Russian Federation.

From the moment the decision of the court on adoption comes into force, a relationship arises between the parties, similar to the relationship between blood parents and children. Adoptive parents must fulfill obligations towards children that do not contradict their interests.

take care of the conditions of their living and nutrition;
provide moral, physical and mental education;
manage property rights.

The government has decided to ban the adoption of children by US citizens (). It also prohibits adoption by persons who have the citizenship of a country where same-sex marriages are allowed.

The transfer of children for upbringing to foreign citizens can only take place if it is not possible to transfer them to Russian families.

Secret

A change is considered to be a means of providing:

personal data of the adoptee;

place of residence;

dates of birth.

It is also possible to hold a court session in camera. For disclosure of secrets by officials, criminal liability is provided ().

lonely man

A single person can adopt a child under the same conditions as a married couple.

In this case, the spouses provide the court with a copy of the marriage certificate, and the single adoptive parent with a copy of the birth certificate.

new spouse

It often happens that people make a new marriage, but one of the spouses already has a child from another person. Therefore, a situation may arise when the husband formalizes the adoption of his wife's child. In this case, the adoption procedure takes place at the request of the husband and the consent of the wife on a common basis.

Payouts

Adoption is considered a gratuitous form of placement of children, while guardianship, on the contrary, is paid.

When registering guardianship, the law provides for lump-sum payments and benefits for the care of young children and incapacitated persons.

The personal participation of the adopter in the process is mandatory

The adoption process cannot take place without the participation of the adopter himself.

Employees of the guardianship and guardianship bodies are obliged, in a personal conversation, to determine the moral and psychological traits of the character of a person who wants to accept an orphan child into the family.

Adoption of an adult

The adoption procedure involves the transfer of minor children left without parental care (). Therefore, the adoption of an adult is not allowed. Only guardianship () can be issued over such persons.

How to dispute

Guardianship can only be challenged by the guardianship and guardianship authorities. Whereas persons who have established the fact of violation of the rights and interests of the ward can submit a corresponding application to these bodies. After that, a check will be made on the fulfillment of the obligations of the guardian in relation to the ward.

If the above facts are confirmed, then the guardianship authorities are obliged to initiate the abolition of guardianship.

Adoption can only be challenged in court.

Persons who do not agree with the adopted decision on adoption may apply to the guardianship and guardianship authorities. After that, the application is submitted to the court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

You can pick up a child in the following cases:

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

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

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

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

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

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

Video: What is guardianship and who can become a guardian

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

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

In addition, you need to do the following:

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

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

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

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

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

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

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

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

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

Video: Adoption (adoption) of a child

Reasons why you can't adopt

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

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

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

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

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

You can adopt in the following cases:

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

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

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

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

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

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

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

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

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

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

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

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

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