Every year in Russia, thousands of children are left without adult care, including those with living parents. For the harmonious development of the personality and the integration of the child into society, he needs his own family, where he can find his mother and father. Orphanages do not provide a good upbringing: only close contact with a loved one can give the new generation a chance for a decent life, simple human happiness. You can either establish guardianship over someone else's child or adopt him. Which shape is best and what to choose in a specific situation?
Guardianship - a method for raising young children (up to 14 years old) who are left without parental care, a form of representing the interests of a citizen who is incapacitated in connection with a court decision that has entered into force. The guardian actually accepts the child into his family and has a high level of responsibility for him, however, he has a number of restrictions associated with the disposal of the property of the ward.
Adoption is a form of placing children without parental care into a family with the rights of their own child. The adoptive parent acquires the full range of parental rights and responsibilities. The procedure is regulated by a number of mandatory legal aspects. The child to be adopted must be under the age of 18, the adoptive parent must be at least 16 years older than him.
So, adoption and guardianship solve such a problem as the neglect of children who have lost their biological parents for one reason or another. A person who takes on the labor of raising a child is burdened with a wide range of rights and restrictions. Nevertheless, there is a difference between the concepts, and it is very significant. You can adopt a child of any age - up to 18 years old, if he is over 10 years old, then his consent will be required. You can establish guardianship over both young children (up to 14 years old) and over an incapacitated person - regardless of his age.
An adoptive parent acquires the full range of parental rights, that is, he accepts a child into his family, can endow him with his own surname. The guardian is significantly limited in rights, mainly it concerns the disposal of the property of children. In addition, he must report annually to government agencies, while the adoptive parent is relieved of this obligation.
For guardianship of minor children, a remuneration is provided, which amounts to several thousand rubles a month. The adoptive parent has no right to count on such compensation, since he assumes all the obligations to raise the child. Guardianship automatically ends when the child reaches the age of 14, or on the basis of a court decision. Adoption can only be canceled in the event of termination of parental rights.
- Duration. Guardianship is a temporary phenomenon, limited by both the requirements of the law and the provisions of the agreement (if any), while adoption is permanent.
- Legal consequences. The adoptive parent actually becomes the parent of the child, the guardian remains in the same relationship as before the action was taken.
- Compensation. Guardianship can be carried out on a paid basis, adoption - only free of charge.
- Reporting. The guardian must annually submit a report to the relevant authorities, the adoptive parent can only be checked by special services.
- Preservation of the name and surname of the child. When establishing guardianship, the previous personal data are retained for children; when adopting, they can be changed.
- The acquisition of parental rights occurs only upon adoption.
- Termination procedure. Guardianship is terminated in cases provided for by law, regardless of the will of the parties, adoption - only by a court decision in case of deprivation of parental rights.