Every year in Russia, thousands of children are left without adult care. For the harmonious development of the personality, as well as the integration of the child into society, his own family is necessary, in which he will find his parents. Orphanages are not capable of giving a good upbringing: only close contact with loved ones can give children a chance for a happy life. You can either establish guardianship over someone else's child, or adopt him. To do this, you need to know how these forms of device differ.
Instructions
Step 1
Adoption is a form of placement for the upbringing of children who have been left without parental care in a family as a natural child. In this case, the adoptive parent acquires all parental rights and obligations. The procedure is regulated by a number of legal aspects that are mandatory. The child adopted by the adoptive parent must be under the age of 18, and the adoptive parent must be at least 16 years older than him.
Step 2
Guardianship is a way of placing young children (under 14 years of age) who are left without parental care. It is also a form of representation of the interests of a citizen who is incapacitated after a court decision entered into force. In fact, the guardian accepts the child into his family and bears a high level of responsibility for him. But at the same time, there are a number of restrictions that are associated with the disposal of the property of his ward.
Step 3
Thus, guardianship and adoption solve the problem of neglect of children who, for certain reasons, have lost their biological parents. A person who takes on the responsibility of raising a child is burdened with a number of both rights and restrictions. However, there is a difference between adoption and guardianship, and it is very significant. You can adopt a child of any age who has not reached the age of majority. If he is over 10 years old, his consent will be required. You can establish guardianship over young children (under 14 years old), and over an incapacitated person, regardless of his age.
Step 4
The adoptive parent acquires the full range of parental rights. He accepts the child into his family and can give him his last name. The guardian is significantly limited in rights, first of all, it concerns the disposal of the property of the ward. In addition, he must report to government agencies every year. The adoptive parent, by contrast, is relieved of this obligation.
Step 5
For guardianship of a minor child, a remuneration of several thousand rubles (monthly) is provided. The adoptive parent does not have the right to count on such compensation, since he assumes all the rights and responsibilities for the upbringing of the child. Guardianship ends automatically when the child reaches the age of 14 or on the basis of a court decision. Adoption can be canceled only in case of deprivation of parental rights.
Step 6
In summary, the difference between adoption and custody is as follows:
- adoption is a permanent phenomenon, and guardianship is temporary, limited by the requirements of the law and the provisions of the agreement (if any);
- the adoptive parent actually becomes the child's parent, and the guardian remains with the ward in the same relationship as before the act was committed;
- guardianship can be on a paid basis, and adoption - only free of charge;
- the adoptive parent can only be checked by special services, and the guardian must submit an annual report to the relevant authorities;
- upon adoption, the child's passport data may be changed, and during guardianship, they remain the same;
- the acquisition of parental rights is possible only upon adoption;
- adoption is terminated only by a court decision upon deprivation of parental rights, and guardianship - in cases provided for by law, regardless of the will of the parties.
