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

You can take the baby into the family by registering such 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 sets out to raise an orphaned baby, one should know the possible options for formalizing such a relationship.

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

How is custody different from 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 relatives in families, and such children are only those who are not yet 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 duties are almost identical to those that parents have in relation to their children.

Adoption is a kind of placing babies in a strange family, in which they live in it as a child, blood relatives. In this situation, foster parents and their adopted children have a full set of rights and obligations of relatives. You can only adopt children who have not yet reached the age of majority. 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 the orphanhood of children who have lost parental care due to various circumstances. Raising them with custody or adoption involves caring for wards or adopted children, although the difference between these concepts is significant.

So, you can apply for adoption or adoption until the child reaches the age of 18, and if the children are already 10 years old, then their personal consent is required for adoption. Guardianship is issued for children under the age of 14. The same type of legal relationship can be drawn up with respect to an incapacitated person, whose age does not play a key role.

The difference between guardianship and adoption lies in the fact that the adoptive parent acquires the rights of a natural parent, while they are limited during guardianship.

An adoptive parent, unlike a guardian, can give his adopted son or daughter his last name. The rights of guardians in relation to wards are limited, and this mainly concerns the property interests of children. In addition, having issued guardianship, the guardian is obliged to regularly report to the state, doing this once a year. The adoptive parent is relieved of such obligations.

When registering an adoption, the parents bear all financial expenses for the development and maintenance of the adopted children. When registering guardianship, guardians receive a financial reward for this. Under guardianship, this legal relationship ends when the ward reaches 14 years of age. But it can happen earlier if the court decides so. The legal relationship between an adoptive parent and an adopted person can only be terminated by depriving the adoptive parents of parental rights.

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

Another task of the guardian is to protect children from influences and abuses by third parties. That is, the main difference between such a form of defining children as guardianship from adoption and guardianship is in age categories.

Rights and obligations of adoptive parents and guardians

Having issued 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 the age of 18.

The duties of guardians are clearly defined in the law. The guardian must:

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

• represent interests in any institutions or in courts, for which they do not need to issue a power of attorney;
• taking into account the desire or preference of the baby, the advice of state bodies to determine the ways of educating the wards;
• to choose the form of study, 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 persons illegally detaining him.

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

Thus, adoptive parents have the following responsibilities:

Adoptive parent's rights:

• adoptive parents have the right to education, and this is a preferential right over other persons;
• if other people keep children illegally, then the adoptive parents have the right to demand their return;
• on behalf of 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 opinion of the baby.

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, in comparison with other forms, are expressed in the following:

In this form of legal relationship, there are some disadvantages:

• adopting or adopting 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 for adoption candidates, before such a decision they are checked, their living conditions are assessed.

There are pluses 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 baby, living as a ward, feels that he does not belong to this family, because of which he can contact his biological parents;
• you can not change its data;
• custody transfer 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 essential points.

Which one is better to choose: adoption, guardianship or guardianship, is up to 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.

Last update: 01/31/2020

The state is trying to provide a child who does not have a family with the opportunity to develop and be brought up normally, providing for this several different forms of care. In a situation where a child is left without a parental wing, relatives or close ones of the baby are concerned about the question of how best to legally formalize patronage, to strengthen the bonds of kinship more reliably. What is the difference between guardianship and adoption, what is the essence of a foster family and patronage - we will tell in this article.

Adoption (adoption)

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

• You can only adopt a child by a court order. At the same time, the secrecy of adoption is strictly observed, about which no one should ever spread. This also applies to the participants in the trial, including the judge, secretary, prosecutor, guardianship representative, whose presence during the consideration of adoption is mandatory;
• to adopt a child means to become a family for him forever, such relationships are gratuitous (no payments are due) and unlimited. At the same time, newly-made parents acquire those duties and rights that are provided for by the Family Code of the Russian Federation.

Responsibilities

For example, claims can be brought against such parents for upbringing, maintenance, development, provision of proper treatment, etc.

Rights

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

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

What is required for adoption

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

Who can become an adoptive parent

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

• full legal capacity of both spouses (that is, there are no court decisions declaring you and your spouse incompetent or partially incapacitated);
• the absence in relation to you and your spouse of a decision to deprive (restrict) parental rights in relation to other children;
• if earlier adoption cases with your participation were not canceled;
• the absence of diseases that are included in a special list;
• the adoptive parent must be at least 16 years older than the child (with the exception of the stepmother/stepfather);
• the income of the new parent must be sufficient to support the future family member. At the same time, earnings must provide at least the amount of the subsistence minimum for each;
• the presence of permanent registration, that is, a permanent place of residence;
• absence of a criminal record under a number of articles.

A foreign citizen can also be an adopter, here, as a restriction on the right to adopt, there will be only same-sex marriage, whose spouses are not trusted by Russian law today, as well as US citizens.

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

situation	admissible	not allowed
adoption / adoption by one person	if not married if you become a sole adoptive parent with the consent of your spouse, who (who) is not involved in the adoption if the adoptive parent is the child's stepfather/stepmother and is married to a parent who has full rights to the child	if other spouse is against adoption the child has one full parent who is not married to the candidate for parental rights
adoption/family adoption	both adoptive parents are married	both candidates are not married (civil marriage is not taken into account) two applicants are in different marriages (separately) when one of the child's parents has not lost their rights in relation to the child
adoption of several children at once	if the adopted (adopted) brothers / sisters children are not related to each other, subject to the rights of each child	separation of siblings into different families, except in situations where it does not harm them.
child's opinion	gives his consent in the presence of age from 10 years mutual friendly contact is established (when the child is under 10 years old)	a minor under the age of 10 against his adoption by a specific applicant (family) rejection and non-acceptance by a baby (under 10 years old) of a candidate for adoption

guardianship and guardianship

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

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

established by court order	the decision is made by the territorial bodies of guardianship and guardianship, while the refusal can be appealed in court (general grounds)
allowed with one eligible parent, or no parents	it is impossible if there is at least one of the parents who does not evade their duties, that is, is not deprived, not limited, not hiding, etc.
methods of upbringing cannot be challenged if it does not violate the criminal, administrative code, does not contain cruelty, leaving the child without upbringing, education, etc., and only in court	interested persons can appeal any action to the guardianship authority
adoptive parents/parents may prohibit contact with biological parents (unless there is a special court order)	cannot interfere with communication with parents, except in the presence of a judicial restriction on communication
are legal heirs in the event of the death of the child	has no inheritance rights by virtue of law
unlimited time	up to 14 years of guardianship, up to 18 years of guardianship, or earlier, if parents are restored in their rights, children will be adopted, etc.
gratuitous rights and obligations	with the provision of state support for the child
secrecy of adoption applies	information about the relationship between the guardian and the ward is open and, as a rule, the ward knows that he is not raised by blood parents
full range of parental rights	do not acquire parental rights in the full legal sense: the surname, first name cannot be changed, priority is always on the side of the biological mother and father;
against minors	guardianship may also be assigned to an adult due to a weak physical condition or mental disorder (for example, incapacity, limited legal capacity due to mental illness);
act as legal representatives, including property relations	The guardian has no right to dispose of the property of the child. Moreover, the guardian responsible for the upbringing of the child is obliged to report on the expenditure of funds allocated for the maintenance of the ward.
adoption	guardianship

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

If we are talking about elementary concern for the fate of the child (to provide clothing, food, education, etc.), in order to avoid getting him into an orphanage or to strangers, as well as out of moral urges, family duty, then more often there are relations of a guardian- ward.

When the question arises of bestowing love on a child, of accepting him as one's own child and of being ready to bear such responsibility all his life, then this is already the relationship of an adoptive parent (adopter)-child.

Who can become a guardian

Those who have expressed a desire to become a guardian are subject to the following requirements:

• the absence of drug addiction, alcoholism, mental disorders and other diseases that pose a danger to the ward;
• the absence of court decisions on the abolition of adoption, guardianship solely through the fault of the candidate;
• the applicant for guardianship has not been previously deprived, limited in parental rights;
• compliance with the criteria for the possibility of raising a child: household amenities, sanitary living conditions;
• relatives and close relatives of children have the preferential right to guardianship.

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

Guardian payments

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

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

• Every month - for the maintenance of a ward in Moscow, the monthly allowance is 15,000 rubles, and in the case of a confirmed disability of a child - 25,000 rubles. As well as compensation for paying utility bills (in Moscow - 928 rubles).
• One time - in addition to the monthly payment for the maintenance of the child, guardianship (guardianship) is entitled to a one-time allowance (for example, in St. Petersburg - about 26,000 rubles, if a child is disabled - about 111,000 rubles).

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

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

• Adoption is indefinite. You should be aware that a child under guardianship can be adopted by other persons in the manner prescribed by law - in this case, guardianship will also be terminated.
• No reason - unlike adoption, other forms of child care are not indefinite. Most often, the role of a guardian is assumed by relatives in case of illness, deprivation of parental rights, incapacity of the mother and / or father. If the grounds for the transfer of the child have disappeared, then guardianship and guardianship shall be terminated.
• Age of the child - in other cases, guardianship ends when the child reaches 14 years of age (from that time on, the form of education automatically becomes guardianship, which, in turn, ends when the child reaches 18 years of age).

Responsibility for improper performance of the duties of a parent, guardian

The adoptive parent bears the same obligations as an ordinary parent, the responsibility is also similar: from deprivation of parental rights to criminal liability (usually for child abuse). As a result, after verification, the guardianship and guardianship authorities may apply to the court with a claim to cancel the adoption.

If the guardian is rude towards the child, does not take proper care of him, does not provide him with food, general education, then any person, including the relatives of the child, can apply to the guardianship authority and report a violation by the guardian of the conditions for raising a minor. The result of the consideration may be attraction to:

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

Foster family and patronage

If for some reason guardianship or adoption is impossible, then the child can be placed in a foster family, where there is an educator who carries out the full development of the minor at home. A written agreement (agreement) is drawn up between the foster parents and the guardianship authority, on the basis of which the foster parents are paid an official salary, over the course of their seniority. There can be no more than eight children in a foster family. Officially, the adoptive parent becomes a guardian, but the form of placement of children, as we see, differs from the essence of guardianship (guardianship).

Patronage is less common in practice and involves raising a minor at home, created by an educator under a patronage agreement. Such an educator can be a person who has undergone special training in the Regional Authorized Service for Foster Care. This form of raising a minor is usually "transitional" before formalizing adoption or guardianship.

What is better to choose

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

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

Question answer

We live in a small town, after the child was registered in the registry office as a result of adoption, the whole village became aware of this, the registry office employee is to blame for this. Was she obliged to keep a secret and what threatens her for disclosure?

An employee of the state registration authority, by virtue of her official duties, was obliged to keep a secret. For disclosure of information about the fact of adoption, persons who disseminate information about the fact of adoption are liable under Article 155 of the Criminal Code of the Russian Federation, the punishment may be in the form of a fine of up to 80 thousand rubles, corrective / compulsory labor, as well as a ban on holding the relevant position.

A child was adopted by my neighbor many years ago, but a couple of years later, the court canceled the adoption, because she suffered from alcoholism at its worst stage. Now, years later, she again wants to adopt a child, she says that she has improved, is it possible?

Unfortunately, the Family Code prohibits adoption by those in respect of whom a positive decision was canceled by the court and the child was returned to the orphanage. However, the law does not provide for an exception to this rule.

My son is under the care of my grandmother while I am serving my sentence. In a year I will be free, how can I return the rights to the child?

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

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days.

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02/08/2019 The Ministry of Education will submit a draft law on changing the procedure for the adoption of minors to the Government .

On February 8, the Civic Chamber of the Russian Federation held hearings on the draft law "On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children's Rights." The event was attended by Deputy Minister of Education of the Russian Federation T. Yu. Sinyugina.

During her speech, T. Yu. Sinyugina said that the department was ready to submit a bill on changing the procedure for the adoption of minors to the Government.

Over the course of six months, we met several times. And the reason for our meetings was an interested and indifferent conversation and work on the bill, which today is already ready for us to submit it to the Government, - said T. Yu. Sinyugina.

For reference

In December 2018, members of the Interdepartmental Working Group under the Ministry of Education of Russia prepared a draft law “On Amendments to Certain Legislative Acts of the Russian Federation on the Protection of Children’s Rights”. The bill was posted on the federal portal of draft regulations for wide public discussion.

The draft law contains new approaches to the transfer of orphans for upbringing in families, which will allow developing the institution of guardianship, improving the conditions for training people who want to take an orphan child into their family.

For the first time, the draft law proposes to introduce the concept of "escort" into federal legislation. It is planned that this authority will be vested in authorized regional authorities and organizations, including NGOs.

Special attention in the document is paid specifically to the adoption procedure, there is added a provision on the procedure for the restoration of adoptive parents in the duties of parents, if they were previously deprived of such an opportunity.

“I cannot influence global warming, the arms race and the problem of orphanhood in Russia. But I can help one person.” Auditor, Candidate of Economic Sciences Alexander Schepotiev became a volunteer in the Big Brothers Big Sisters program. For a year and a half, he was Yana Fedorova's mentor and prepared her for admission to the Moscow Financial University under the Government of the Russian Federation.

(adoption) - the adoption of a child into the family on the basis of blood rights, with all the ensuing rights and obligations. It is a priority form of the device. For parents, the highest degree of responsibility for the fate of the child and his full development.

pros:

• Allows the child to feel like a full member of the family.
• All relations and inheritance rights are preserved, including those upon leaving a minor.
• The ability to give the child the surname of the adoptive parent, change the name, patronymic and, in some cases, the date of birth.

Minuses:

• It is issued longer than guardianship. adoption is approved by a civil court.
• The state does not provide any assistance after adoption, except for the provision of postnatal leave and payments in connection with the birth of a child in the event that an infant is adopted.
• The most stringent requirements for candidates for adoptive parents, their financial situation, earnings, housing in comparison with other forms of placement.
• Not every child deprived of parental care can be adopted.

guardianship- Adoption of a child in the home as a foster child. Guardianship is established over children under 14 years of age, and guardianship over children from 14 to 18 years of age. The guardian has almost all the rights of a parent in matters of upbringing, education, maintenance of the child, and responsibility for the child. However, the guardianship authorities are obliged to exercise regular control over the conditions of maintenance, upbringing and education of the child. Guardianship may be appointed for a fixed term or without a term. Often guardianship is used as an intermediate form to adoption. High, but not full level of responsibility.

pros:

• Guardianship is established by the decision of the head of local government, which is why it is issued faster than adoption, because. no court required.
• A child under guardianship is paid a monthly allowance, assistance is rendered to the guardian in the organization of education, recreation and treatment of the guardian.
• Upon reaching the age of 18, the ward is allocated housing, if he does not have one.
• Less stringent requirements for a candidate for guardians in terms of income, housing conditions, certificates of no criminal record are required.

Minuses:

• The child has the status of a foster child and at an older age may feel that he does not fully belong to the guardian's family.
• It is not excluded the intervention of the guardianship authority or the appearance of an applicant for the adoption of a child.
• There is no secret transfer of the child under guardianship and contacts with the blood relatives of the child are possible.
• Changing the name of a child is difficult, changing the date of birth is impossible.

foster family- a form of raising a child (children) in a family at home with a "foster parent" - educator. Usually, children who cannot be transferred for adoption or guardianship are transferred to a foster family, due to the lack of the legal status necessary for this, or it is not possible to find guardians or adoptive parents for him. Such a family replaces the child's stay in an orphanage or shelter with home education and is created on the basis of an agreement between the foster parent(s) and guardianship authorities. The term for placing a child in such a family is determined by the contract and may be different. Foster families can bring up from one to 8 children. The foster parent is paid a salary and the seniority is counted. In relation to the child, foster parents are his guardians. A high, although not complete, level of responsibility for the fate of the child.

pros:

• It is possible to take into the family a child who does not have a status for guardianship or adoption and, otherwise, is doomed to live in an orphanage.
• Less stringent requirements for candidates are the same as for guardianship.
• A monthly allowance is paid for the child, benefits are provided for transport services, housing, assistance is provided in organizing education, recreation and treatment of the ward. Target funds are paid for repairs, purchase of furniture and other benefits provided for by regional laws.
• When an adopted child reaches the age of 18, he is allocated housing if he does not have one.

Minuses:

• Constant monitoring and reporting to the guardianship authorities for the upbringing and spending of funds.
• It is more difficult to issue because it is required to draw up an agreement on the transfer of a child for upbringing and an employment contract (or an agreement on the provision of paid services, or a contract).
• Difficulties are possible when registering a child living in another district or city. payments to the foster family are made from the local budget.
• Contacts with blood parents and relatives of the child are possible.

patronage- a form of raising a child (children) in a family at home with a caregiver who is an employee of the Authorized Service for Foster Care on a contract. Children who do not have a certain status are transferred under patronage or if their status does not allow them to be transferred for guardianship or adoption. Patronage is a form that replaces temporary placement in a shelter and is often used as a transitional form to guardianship and / or adoption, after the child has received the appropriate status. The term for placing a child under patronage may be different, and depends on the situation. Responsibility is shared between the foster carer, the Authorized Service, the parents of the child and the territorial guardianship authorities.

The patronage educator is paid a salary and the length of service is counted.

The patronage educator is obliged to undergo special training (training) in the Authorized Service.

pros:

• It is possible to place a child in the family of a foster caregiver who does not have the status of allowing him to be placed under guardianship or adopted, and otherwise doomed to end up in an orphanage, orphanage.
• Less stringent requirements for candidates than for adoption, but more stringent than for guardianship.
• Maintenance is paid for the child, benefits are provided for transport services, housing. Upon reaching the age of 18, a patron is allocated housing, if he does not have one.
• The authorized service organizes training, recreation and treatment of the patronized, assists in education, in solving complex problems. Target funds are paid for repairs, purchase of furniture, etc.

Minuses:

• Work according to the plans of the Authorized Service, constant monitoring and accountability for the upbringing and spending of funds.
• A child may be removed from the caregiver's family at any time, by decision of the Authorized Service.
• Contacts with the parents and relatives of the child are, as a rule, obligatory and their regulations are determined by the Authorized Service.
• This form is not yet used everywhere, but only in certain territories.

Note: with different forms of the device, the same requirements are imposed on the state of health of persons accepting a child into the family. The law also provides that they should not have been previously deprived of parental rights or limited in parental rights, they should not be removed from the duties of a guardian or adoptive parent through the fault of adults.