Currently, there are many underage children in the country who have been left without parental care and other relatives. Sometimes this happens even if the parents are alive. It is important for people who want to give their child a family an understanding of the difference between custody and adoption.
Forms of device for parents orphaned children left without care
For the full and comprehensive development of children as individuals and their quick adaptation in society, they need a family in which they can find care and love.
Not a single orphanage can replace the children of their parents. Therefore, the state has developed two options for the education of imperfect citizens by persons who are not their parents.
Forms of providing children with a family are adoption and guardianship. Between these concepts there are many differences in the features of working with children, the process of paperwork, control by the state authorities over the maintenance and upbringing of children. Therefore, it is important to understand the difference between custody and adoption.
The essence of custody
To understand what is the difference between guardianship and adoption, it is important to consider each concept separately. These terms are close in meaning, but have a number of significant differences.
Before adopting a child or taking him under guardianship, you need to carefully consider all the circumstances, weigh the pros and cons. Many offer to first issue custody of a minor, and then adopt him.
Custody is the adoption of a child left without parental care. In this case, the minor acquires the rights of the educated. You can establish custody of children under the age of fourteen.
A citizen becomes a representative of the interests of minors. When taking a child into the family, the guardian undertakes obligations on the upbringing and maintenance of the child. In this case, the citizen’s rights in relation to the minor are limited, as they are not parental rights.
The essence of adoption
After considering the features of guardianship, you should find out what is the difference between guardianship and adoption. Adoption (adoption) is the adoption of a child in the family who is left without parental care.
Under this form, a minor gets to new parents as a legitimate child. Adoption is a priority form of a baby’s device. It is most beneficial for the child, as he feels himself a full member of the new family.
When adopting a minor into the family, adoptive parents acquire the duties and rights of their legal parents. You can take a child up to eighteen years old into the family. In this case, the adoptive parent must be sixteen years or older than the child.
Cons Guardianship
The difference between guardianship and adoption can be viewed from both the positive and negative sides. After analyzing all the nuances, you can determine which option is best for an adult and a child.
The main disadvantage of guardianship is the limited time for registering the admission of a minor to the family. In addition, the child can be taken away from the citizens who sheltered him for the following reasons:
- the parents of the minor were discovered;
- blood relatives were restored in parental rights;
- incompetent parents recovered;
- there were citizens who decided to adopt a child;
- the guardian was dishonest in his duties, which was established during the audit.
When a child is transferred to a family, the guardianship and trusteeship bodies exercise constant control over the development, maintenance, and upbringing of a minor.
It is the responsibility of the guardians to provide, once a quarter or a year, a detailed report on the disposal of the property and funds of the child. Also, the child will always know that he lives with these people temporarily, and they are not his real parents.
When registering custody of a minor, his former surname remains. In addition, he has the right to communicate with other relatives.
Benefits of guardianship
In determining the difference in custody and adoption by a foster family, the child should consider the positive aspects of the custody. The advantages of this type of relationship include the following facts:
- A simplified procedure for compiling documents.
- After the paperwork is completed, the trustees draw up an act and conclude an agreement with the guardians. The document fixes in what form citizens will receive money for the child (in the form of alimony from parents, child's pension for the loss of the bread-winner, benefits). These finances should be spent on treatment, nutrition, minor education and other needs.
- Guardians and a child will acquire the right to a large number of benefits, including housing type (obtaining an apartment for minors upon reaching the age of eighteen).
- If the parties do not find a common language, and the relationship cannot develop normally, the guardian has the right to terminate the contract.
- In some cases, the contract stipulates that the guardian is paid a certain amount for caring for the child.
Often the registration of custody of a minor is carried out by distant relatives of the parents or their close friends.
Features of adoption
Briefly record what the difference between adoption and guardianship is as follows: the adoption process takes longer and requires more documents.
In order to fully accept a child into the family, parents must take part in the court session, since the emergence of the right to adoption is considered only through the court.
The process of registration of the adoption of a minor into the family consists of four stages:
- collecting the necessary package of documents;
- passing a medical examination;
- attending courses for expectant mothers and dads;
- passing a commission that will determine whether the applicants are worthy of becoming the adoptive parents of the child.
For citizens who want to adopt children, high requirements (personality, income, living conditions).
The main disadvantage of this procedure is the lack of benefits, compensations and benefits from the state or the parents of the minor (except for payments that are fixed by law as benefits to families with children).
In addition, adoptive parents can refuse a minor adopted by a family only through a court, presenting evidence as a justification for the validity of reasons for abandoning a child.
The advantages of the adoption procedure are as follows:
- The child cannot be taken away from adoptive parents without good reason.
- Adopters can give the child their last name, change the birthday and name of the minor.
- All relatives of the baby become strangers and lose the right to meet with them without the knowledge and permission of the adoptive parents.
- All the property of the child becomes objects of common use, and the minor acquires the rights of the heir along with the blood children of citizens.
- Adoptors acquire responsibilities and rights, as in blood parents.
- When a child is admitted to the family, a one-time payment is received for the birth of a child, a certificate for maternity capital and other benefits due to blood parents at the time of birth are issued.
Option selection
Having figured out what is the difference between custody and adoption in Russia, you should find out which of the options is the best. Often, the guardianship authorities recommend that you place a child in a family in two stages: take custody of the minor, and then adopt him.
If there are problems during the adoption procedure, it is easier to become a child's guardian, and then file a lawsuit with the rights of a legal representative. This option is especially suitable for citizens who have little information about the child.
Reasons for refusing to adopt a child
The difference in custody, guardianship and adoption affects not only the paperwork process, but also the reasons why applicants may be refused to transfer a child to a new family.
One of the main reasons for the refusal by the guardianship authorities to adopt a minor is their attempt to play it safe. Therefore, it is easier for a child to be placed under guardianship if he has lost his parents.
The conditions and period of stay of a minor in a new family in each situation are determined individually.
Facts Simplifying Adoption
In determining the differences between guardianship and adoption, it is important to consider cases where it is possible to issue an adoption of a child without problems. The main facts are six:
- the parents of the minor are unknown, and the child was thrown without documents;
- parents died, as evidenced by a death certificate;
- parents are recognized dead or missing by court order;
- the parents of the child are declared legally incompetent by the court;
- parents were deprived of their rights in relation to children six months before a decision was made to satisfy the adoption application;
- parents gave written consent to adoption by other people;
- parents do not live with the child in the absence of valid reasons for more than six months, without participating in its maintenance and upbringing.
Documents required for custody and adoption
Having considered the differences and similarities of guardianship, trusteeship and adoption, you should figure out what documents are needed to formalize family relationships with other people's children.
The main paper is a statement in which the citizen indicates in what form he wants to take care of the child. The following documents must be attached to the application:
- Autobiography of potential guardians (adoptive parents).
- Certificate of work about salary and position.
- A document confirming that the applicant has a dwelling.
- Certificate of no criminal record
- The conclusion of the medical commission on the health of potential parents.
- Marriage certificate (copy).
- Passport.
Guardianship and adoption are two similar concepts that differ in a number of key ways. Therefore, before making a decision, potential parents should think carefully.