What is the difference between guardianship and adoption: definition, legislative differences and legal advice

Not all citizens understand the difference between guardianship and adoption. But differences are present and they relate primarily to the degree of responsibility for children. There are also nuances in payments and rights.

Basic concepts

Before figuring out how guardianship differs from adoption, it is worth deciding on key terms.

Under guardianship you need to understand the work with minor children left without parents. They are arranged in a family or passed on to relatives.

People accepting such children bear full responsibility for them. Moreover, guardians are limited at the disposal of the child’s property.

As for adoption, the essence of this process is reduced to the adoption of children into the family as relatives. In this case, along with all facets of responsibility, new parents receive full rights.

As a result, the difference between guardianship and adoption boils down to the fact that in the first case we are talking about liability, which is limited to a specific period of time, and in the second - the child is made his son or daughter forever, with all the ensuing rights.

It is impossible to say exactly what is better, guardianship or adoption, since this is determined by the specific situation. If the child has lost parents and needs a permanent new family, then it is obvious that the latter will be the best option.

When you need to take care of children temporarily, you should choose custody. During the absence or illness of the parents, the child will be in good hands, after which he will be able to return to his native family.

Features of adoption

Such a process differs from guardianship in that the care of the child takes the form for a longer period. Moreover, adoption is possible only after passing the appropriate judicial procedure.

To successfully adopt a child into the family, you must perform the following steps:

• undergo a physical examination;
• collect a package of necessary documents;
• pass a commission determining the suitability of the family for adoption;
• attend future parents' courses.

Finding out how guardianship differs from adoption, you need to pay attention to the fact that in the second case, the child will always be in the new family. This is not a temporary measure, and therefore the requirements for adoptive parents are very high.

The difference between guardianship and adoption also lies in the fact that with the latter form of taking a child into the family, financial assistance from the state will be less. Foster parents can only rely on standard payments and benefits related to raising children.

In addition, it is worth considering the fact that abandonment of adoption is possible only by court order. For a positive result, you need to provide good reasons.

Advantages of Adoption

For a child who has lost parents, this form of device will be better than custody. We are talking about the following positive points:

• Adopters can change the data of the child. This means that it is possible to indicate in the documents a different date of birth and even the name of the baby.
• A family adopting one or more children has the same parental rights as a blood father and mother.
• The child will always be with foster parents. This is good because it guarantees children stable and quality care for many years.
• All blood relatives pass into the category of ex and do not have the right to demand a meeting with the child.
• The adoptive family can count on a one-time payment that other citizens receive at birth. Maternity capital will be available, but provided that the child is not the first and such funds have not previously been provided.
• The property of the adopted is transferred to the new family. Moreover, the child has the right to subsequent inheritance of the property of the adoptive parents.
• You need to understand that the main difference between guardianship and adoption of a child is the term of responsibility. In the second case, children will become part of the family forever.

If in doubt, but you want to try yourself in the role of foster parents, you can take the child under guardianship. Such a step does not exclude the subsequent filing of an application with the court and registration of adoption.

Guardianship Features

Understanding the differences between guardianship and adoption is necessary in order to make the right decision. Otherwise, the family may assume responsibility for which it is not ready.

Choosing what to issue, guardianship or adoption, you need to understand that the first option involves temporary care for someone else's child. The term is negotiated and fixed in writing. Subsequently, if desired, it can be extended. To do this, you will have to write a statement.

Guardianship is a measure to protect the rights of the child, which is used if:

• parents have died / disappeared;
• father and mother are terminally ill;
• parents are forced to be absent for a long time;
• father and mother were deprived of parental rights.

The law protects the rights of the child; therefore, under certain circumstances, it may be taken from guardians. These are the following situations:

• a family has appeared that agrees to adopt a baby;
• blood relatives were given back their parental rights ;
• an incompetent parent has successfully completed treatment for a serious illness and recovered;
• found missing mother or father;
• the guardians were dishonest in the performance of their duties.

Thus, the guardianship authorities will not leave the child unattended, even if he was adopted by a full-fledged, prosperous family or relatives. Attitude to children and their living conditions will be checked.

The guardians, for their part, must, with a certain frequency (once a year or quarter), provide a report on the disposal of property and funds of the adopted child. Moreover, detailed information is required, but not general data.

Guardianship authorities explain to children that they live in a foster home, and this is temporary. Their surname does not change and communication with any relatives is allowed without any restrictions.

Benefits of guardianship

Despite some nuances that cause inconvenience, this type of device for minors has positive aspects.

These are the following benefits:

• The process of paperwork is significantly simpler than in the case of adoption.
• Both guardians and their wards are provided with various benefits. At the age of majority, if necessary, the ward may be allocated housing.
• Benefit on the basis of the contract. After the guardianship is formalized, persons temporarily taking responsibility for the child will receive financial assistance. This may be a pension allocated to the baby, child support from parents or allowance. Such funds should be aimed at maintaining the child: education, treatment, nutrition, etc.
• Possible payout. Not always, but there are times when a citizen receives a certain amount for the work that he will carry out with children. The specific figure is indicated in the contract concluded with the guardianship authorities.
• The possibility of failure. It is possible that the child and his guardians will not be able to find a common language in spite of all the efforts made. In this case, the trusteeship agreement may be terminated.

Guardianship allows the child to find another family if necessary. Thus, his interests will be protected in any case.

Guardian Rights

People who take temporary responsibility for a child should represent their interests. To do this, the law gives them certain rights:

• Identify ways to educate those whom they have taken custody of. In this case, both the wishes of the child and the recommendations and advice of state bodies should be taken into account.
• Represent the interests of the ward in court and other institutions. To do this, you need to draw up a power of attorney and assure it of a lawyer.
• To solve all issues related to the life of the child.
• Demand the return of children under guardianship. This right is relevant in cases where someone illegally detains minor citizens.
• Choose a form of training and a specific educational institution. In this case, it is also necessary to take into account the personal preferences of the child.

In the process of drawing up an act establishing guardianship or guardianship, authorized bodies may prescribe actions that temporary parents cannot perform.

Responsibilities of Guardians

Responsibility for a child, even temporary, requires a serious approach. And the law initially determines the necessary requirements for those who intend to issue guardianship. Temporary parents are expected to:

• live with children;
• to assist the child, protecting his interests;
• take an active part in the process of educating the wards;
• notify custody authorities that the child has left his or her permanent place of residence;
• continue to bear full responsibility for children, even when they are leaving for school or undergoing treatment in a hospital.

Adoptive Rights

The main difference between guardianship and adoption in Russia is the degree and duration of responsibility. Those who decide to adopt a child, in fact, become his parents.

Moreover, their rights are very similar to those received by the guardians:

1. Independent choice of institution for the education of the child. The opinion of the adopted must be taken into account.
2. Return of children during their unlawful retention.
3. Determination of the form of education. The opinion of the adoptive parents in this case will be the highest priority.
4. Act on behalf of the child through various legal processes. An example is the transfer of inheritance.

Responsibilities of adoptive parents

Understanding the difference between guardianship and adoption, it should be noted that the facets of responsibility of these two forms of care for children are similar. Their essence is to ensure the full satisfaction of the needs of the child at different stages of his life.

In the case of adoptive parents we are talking about the following obligations:

• protecting the child from the negative influence of outsiders;
• representation of his interests in court;
• competent upbringing of children and their full maintenance;
• providing basic education;
• support for mental and physical health.

Conclusion

Both adoption and custody imply responsibility for the child. The first means that the child receives a new family forever. Guardians take responsibility for children for a limited period of time and are not considered their parents. Therefore, it can be argued that adoption is a more serious step.