It is vital for any child to have parents. However, for various reasons, this is not always possible. Then we can talk about the adoption of such a child. Very often people confuse adoption and guardianship.
Instructions
Step 1
Adoption is the registration of paternity or motherhood in relation to a child by persons who are not his biological parents. For example, if the child's parents died, abandoned him or were deprived of parental rights, then close relatives can become adoptive parents. After adoption, the child becomes a member of the adoptive parent's family. Adoption acquires a permanent status and it is almost impossible to cancel it. When a child is adopted, an entry about his new parents is made in the birth certificate.
Step 2
Guardianship, unlike adoption, is temporary in nature and is introduced for persons between the ages of 14 and 18, as well as for people who have been restricted by the court due to their gambling abuse or addiction to alcohol or drugs. Subsequently, the court can cancel its restrictions, which will entail the termination of guardianship. Also, guardianship is also canceled if a person reaches full legal capacity before the age of 18 (for example, upon marriage). No entries are made on the introduction of guardianship in the person's documents.
Step 3
For minor children, adoption and guardianship are mutually exclusive. Thus, guardianship can be introduced if a person does not have parents or adoptive parents, or for some reason is deprived of parental care.
Step 4
The adoptive parents acquire all the rights and obligations of the parents in relation to the adopted child. The functions of the trustee are limited to protecting the rights and interests of the ward, as well as approving transactions made by him, with the exception of small household ones. In addition, in relation to persons with limited legal capacity by a court decision, the surety has the right to receive wages for them, as well as other income and dispose of them in the interests of his ward.
Step 5
Upon adoption, the person is considered the heir to the adoptive parent. This means that after his death, the adopted child can claim the property on an equal basis with other heirs. At the same time, the person in respect of whom the guardianship is valid cannot claim the inheritance of the guardian. The exceptions are cases when a person and his trustee are close relatives to each other. In this situation, legal inheritance is possible.
