To grow up as full-fledged individuals, children must have parents. But many of them are deprived of this, and even exemplary children's institutions cannot replace parents for their students.
You can take a baby into your family by registering the following legal relations over him: adoption, guardianship.
Today, many citizens confuse concepts such as guardianship and adoption, considering them synonymous. At the same time, if a person has set out to raise an orphaned child, he should know possible options formalization of such a relationship.
Differences between adoption and guardianship. How are they different from guardianship?
What is the difference between guardianship and adoption? These are two terms that are very similar to each other, but they have important differences.
Guardianship is one of the ways to place children left without the care of their relatives in families, and such children are only those who are under 14 years old.
By accepting other people's children, a person does not acquire the powers that parents would have in relation to them; they have a narrow list of rights strictly defined by legislative acts. Although his responsibilities are almost identical to those that parents have in relation to their children.
Adoption is a type of placement of children into someone else’s family, in which they live in it as a child, a relative by blood. In this situation, adoptive parents and their adopted children have a full set of rights and responsibilities as relatives. You can only adopt children who have not yet reached the age of majority. The adoptive parents themselves also have age restrictions; they must be at least 16 years older than their adopted children.
Adoption and guardianship help to find a solution to such a problem as orphanhood of children who, due to various circumstances, have lost parental care. Raising them with guardianship or adoption involves caring for wards or adopted children, although the difference between these concepts is significant.
Thus, adoption can be formalized until the child reaches 18 years of age, and if children are already 10 years old, then their personal consent is required for adoption. Guardianship is issued for children who are not yet 14 years old. The same type of legal relationship can be formalized in relation to an incapacitated person, whose age does not play a key role.
The difference between guardianship and adoption is that the adoptive parent acquires the rights of a natural parent; under guardianship, they are limited.
An adoptive parent, unlike a guardian, can give his adopted son or daughter his own last name. The rights of guardians regarding their wards are limited, and this mainly concerns the property interests of children. In addition, having established guardianship, the guardian is obliged to regularly submit reports to the state, doing this once a year. The adoptive parent is relieved of such responsibilities.
When registering an adoption, parents assume all financial expenses for the development and maintenance of the adopted children. When registering guardianship, guardians receive financial compensation for this. In case of guardianship, this legal relationship ends when the ward reaches 14 years of age. But this could happen earlier if the court decides so. The legal relationship between an adoptive parent and an adopted person can only be terminated by depriving the adoptive parents of parental rights.
Guardianship is a form of relationship between citizens and children in which the trustee is responsible for the ward aged 14 to 18 years. Trustees must assist their wards in ensuring that they can freely exercise their rights.
Another task of the trustee is to protect children from influence and abuse by third parties. That is, the main difference in this form of defining children as guardianship from adoption and guardianship is in age categories.
Rights and responsibilities of adoptive parents and guardians
Having formalized guardianship, the duties of the guardian and his rights are strictly limited by the laws of the Russian Federation. The same restrictions apply to those moments when guardianship is issued for children under 18 years of age.
The responsibilities of guardians are clearly stated in the law. The guardian must:
When drawing up an act that establishes guardianship or guardianship of children, the authorized bodies can prescribe those actions that the guardian is prohibited from performing. Such an order is carried out in the interests of the person over whom guardianship is issued. Guardians are representatives of wards, therefore they have the right:
- represent interests in any institutions or courts, for which they do not need to issue a power of attorney;
- taking into account the wishes or preferences of the child, the advice of government bodies, determine ways to raise wards;
- choose the form of study yourself, as well as the institution for receiving education, taking into account the opinion of the ward;
- resolve issues about the life of the ward;
- demand the return of the ward from the persons illegally detaining him.
The rights and responsibilities of adopting citizens are similar to those that parents have in relation to their children.
Thus, adoptive parents have the following responsibilities:
Rights of adoptive parents:
- adoptive parents have the right to education, and this has a priority right over other persons;
- if other people keep children illegally, then the adoptive parents have the right to demand their return;
- On behalf of the children, adoptive parents act in various legal acts, for example, they can accept an inheritance;
- can independently choose an institution for education, taking into account the child’s opinion.
Pros and cons of adoption and guardianship
To understand which form of legal relationship with children is better to choose, it is necessary to evaluate the pros and cons of each of them. The advantages of adoption, compared to other forms, are expressed in the following:
This form of legal relationship also has some disadvantages:
- adoption is not so easy; this will require a court decision, as well as the provision of many certificates and documents;
- adoptive parents cannot count on state assistance in case of adoption; all financial expenses for maintenance fall on their shoulders;
- The most stringent requirements are put forward to candidates for adoption; before such a decision they are checked and their living conditions are assessed.
There are also advantages when registering guardianship; they also apply to those cases when guardianship is established over children. The advantages of these legal relations are expressed in the following:
The disadvantages of guardianship are the following:
- the child, living as a ward, feels that he does not belong to this family, which is why he can contact his biological parents;
- you cannot change its data;
- the transfer of guardianship is not a secret.
Thus, each of these forms of legal relations between parents and children has its own advantages and disadvantages. They differ from each other in many significant ways.
Which one is better to choose: adoption, guardianship or trusteeship is up to the parents who decide to take care of someone else’s child. When choosing, not the advantages and disadvantages are taken into account, but also the age of the child.
The legislation contains several terms denoting the form of placement of children left without parental care for various reasons. Some of these terms are guardianship and trusteeship, foster family, adoption. Despite the fact that both concepts imply the possibility of accepting a child into a family, they are not identical.
Definition of concepts
In Russia, guardianship is one of the forms of accepting children who have not reached the age of fourteen into a family for their upbringing, development, and protection of rights. Such relations are formalized by agreement.
Adoption is a priority form of fostering children, as evidenced by Art. 124 IC RF. This appointment is free of charge. As a result, relationships arise that are equated by law to blood relations.
Guardianship and adoption have a number of significant differences:
| Guardianship | Adoption | |
|---|---|---|
| Duration of the legal relationship | The period is determined by agreement. | Unlike guardianship, the responsibilities of a parent last a lifetime. |
| Legal status | The rights of a legal representative are provided to protect rights and interests. | All rights and responsibilities of the biological parent are granted. |
| State assistance | Benefits, subsidies and benefits are provided. | Benefits, benefits and subsidies are not provided. |
| Control by social authorities | There is an obligation to report every month on the expenditures of state benefits. | There is no obligation to prepare monthly reports, but the authority can check the living conditions of the family. |
| Permissibility of changing personal data | Not allowed by law. | The secrecy of adoption is protected by law; if necessary, changes to the child’s full name are allowed. |
| Establishment procedure | It is formalized by a social body through an agreement. | Established by a court decision. |
| Cancellation procedure | The relationship is terminated based on the application of the guardian or the decision of the guardianship and trusteeship authority. | Terminates only on the basis of a judicial act. |
Thus, it is clear that these forms of organization provide for different statuses of subjects, and different types legal relations developing between them.
What is the difference between adoptive parents and foster parents?
On the territory of the country, the upbringing of a child can be carried out by a foster family, whose status differs from the adoptive parents.
Foster family is a type of foster care for those children who cannot be adopted or placed under guardianship. The status is obtained on the basis of an agreement concluded with a social authority.
The main responsibility is to raise the child in a family in which the child lives until he reaches adulthood. Education is carried out for a certain fee transferred by the state.
IMPORTANT! With this form of placement of children, family legal relations do not arise.
You should not equate foster parents and guardians, since the former perform their duties free of charge.
Differences between adoption and guardianship
The difference between guardianship and adoption also lies in the registration procedure.
In order to adopt you must:
- Select a child.
- Collect documents and submit an application to social security (the list of documents must comply with Section II of the Russian Federation Regulations dated March 29, 2000 N 275).
- Obtain permission to act as an adoptive parent.
- Send documents to court.
- Make changes to civil registration records ( Art. 34Federal Law dated November 15, 1997 N 143-FZ).
ATTENTION! The court is a mandatory participant in legal relations, certifying the fact of adoption.
To obtain the rights of a guardian you must:
- Contact social security with the required documents.
- Obtain permission to act as a guardian.
- Conclude an agreement.
- Take the child from the social agency in which he is located.
Upon expiration of the contract, the ward is removed from the family based on the guardianship decision.
Which is better: guardianship or adoption?
Before choosing an acceptable form of fostering a child, you should familiarize yourself with their positive and negative characteristics.
The positive side of adoption is:
- Establishment of relationships, as well as rights and responsibilities identical to those that exist between biological relatives.
- The adopted child has the opportunity to inherit the property of his parents.
- Protecting the secrecy of adoption. Adoptive parents have the opportunity to change the personal information of the adopted child, including his last name, first name, and date of birth.
Among the negative aspects are:
- The complexity of the procedure. Strict procedure for checking candidates.
- Any material costs associated with maintaining the adopted child are borne by the new parents.
Positive features of guardianship:
- Guardians receive an allowance every month, which pays for the maintenance of the person under their care.
- The ward retains the right to receive alimony from biological parents, as well as benefits from the state.
- As additional support measures, there is the possibility of receiving funds from the state for treatment and education.
- The ward is assigned the right to receive ownership of real estate upon reaching the age of majority.
Negative aspects of guardianship:
- Inability to change the details of the person under care.
- Lack of protection by the state of the secret of transfer into guardianship.
- Possibility of communication between the ward and his biological parents.
Which form is preferable is decided by each candidate individually, since it depends on the capabilities of the future parents and the goals of taking children.
Differences in benefits and benefits
The difference between guardianship and adoption lies in the benefits and benefits provided by the state.
Adoptive parents receive a one-time benefit provided upon the birth of children. When the adopted child is the second child, the family has the right to receive maternity capital. When a family lives in a region where other types of social assistance are provided, it receives the right to apply for all its types.
As for guardianship, the state finances it from the federal or regional budget. Additionally, it provides for rights to benefits in the field of utility bills, school supplies, transportation, taxes and labor benefits.
Reading time: 6 minutes
Adoption, guardianship and guardianship are all ways to accommodate minors deprived of parental care or incompetent persons. However, not everyone knows the difference between guardianship and adoption or the difference between guardianship and trusteeship. Let's take a closer look at what these concepts mean.
What are guardianship and trusteeship?
Guardianship and trusteeship are forms of protection of property and personal non-property interests of citizens who are completely or partially unable to perform these functions independently.
However, these concepts are not identical. Thus, when defining what guardianship and trusteeship are, they note that the former is established over children under 14 years of age, as well as over adults who are declared incompetent by the court. As a rule, the latter occurs due to mental illness or dementia.
Guardianship is established over children from 14 to 18 years of age, as well as over adults whose legal capacity is limited by the court. Speaking about who a trustee and guardian are, it is worth noting that they are not legally equal to parents, although in general they perform the same functions.
What is a foster family
A foster family is a form of protecting the interests of children deprived of parental care by accepting them into a family for upbringing. It is created by concluding an agreement between the family wishing to take the child and.
Children are kept in a foster family until they reach adulthood, and they cannot claim the inheritance of their adoptive parents or alimony from them.
If a child has reached the age of ten, he can be transferred to a foster family only with his consent.
Find out in more detail what requirements apply to adoptive parents, and what legal consequences the creation entails.
Adoption concept
Many childless couples are thinking about adopting a child from an orphanage, but not everyone understands what adoption is. It represents the adoption of a child into the family as a blood child, after which the child becomes a full-fledged member of this family. In this case, the interests of the minor must be taken into account.
Thus, the person who adopts a child must be able to ensure his full development. In addition, you cannot adopt siblings different parents, except when it does not conflict with their interests.
Find out who can become an adoptive parent and under what circumstances, as well as what legal consequences this entails.
Legislation
In addition, the regional level may have its own regulations. As a rule, by-laws and documents of local authorities also determine measures of social support for families who have adopted children or established guardianship or trusteeship over them. 
Differences between adoption and guardianship
Few citizens understand the difference between adoption and guardianship and trusteeship. At the same time, the distinction between these concepts is extremely necessary, especially for people who have encountered such phenomena in life.
Despite some similarities, such forms of protecting the interests of minors, as well as incapacitated adults, have fundamental differences.
So, if a family adopts a child, he is accepted into the family and has the same rights and responsibilities as natural children. Guardianship implies acceptance of a person as a person being raised. At the same time, the relevant authorities must control the maintenance, upbringing and conditions for the child’s education. In addition, guardianship can be established not only over a child, but also over an adult who has been declared incompetent by a court decision.
For those who can't decide which is better, adoption or guardianship, there are pros and cons to each of these forms. Let's try to figure them out.
Pros of adoption:
- the child becomes a full-fledged member of the family;
- the baby receives the right of inheritance for his adoptive parents, and can also claim alimony;
- You are allowed to give your child your last name, change your name if necessary, and even change your date of birth;
- exists .
Cons of adoption:
- the registration procedure takes a significant amount of time;
- the state provides practically no assistance due to the adoption of a child;
- Strict requirements are established for adoptive parents: their financial situation, living conditions and much more are taken into account;
- Not every person can be adopted according to the law.
Pros of guardianship:
- the registration process is much faster, as it does not require going to court;
- , as well as some other preferences (assistance in placement in an educational institution, recreation and treatment of the child, etc.);
- if the ward does not have his own housing, then it is given to him upon reaching the age of majority;
- more loyal requirements for guardians.
Cons of guardianship:
- the child has the status of being brought up, which can psychologically have a negative impact on him;
- the baby does not have the same rights as the caregiver’s own children;
- it is possible for guardianship and trusteeship authorities to intervene in the process of raising a minor;
- there is no secrecy about the transfer of the child;
- difficulties with changing the child’s last name, inability to change the date of birth.
Thus, when choosing which is better, guardianship or adoption, you need to weigh everything positive sides each form, and also pay attention to possible negative aspects.
Take a sociological survey!
Differences between guardianship and trusteeship
If in the case of guardianship and adoption the legislator provides the opportunity to choose what suits citizens best, then when establishing guardianship or trusteeship, such an opportunity does not exist. In this regard, it is important to know the difference between guardianship and guardianship of a child.
Guardianship is established exclusively over children under fourteen years of age or over adults declared incompetent. Guardianship is established over children from 14 to 18 years of age or over citizens with limited legal capacity.
The wards can independently make small transactions, find employment and freely manage their earnings. And only for more serious transactions will the consent of the trustee be required. Those under guardianship are deprived of this opportunity. At the same time, the guardian must still obtain consent to conclude an important transaction from the guardianship and trusteeship authorities.
Based on the above, it becomes clear that a guardian differs from a trustee in their rights and responsibilities. Thus, the guardian has the right and at the same time the obligation:
- Conclude transactions on behalf of the ward. The only exceptions are those that can be concluded by the ward personally, for example,.
- Represent the interests of the ward in court.
- Bear property liability for damage caused by the ward.
In turn, the trustee:
- Gives consent for a person to carry out transactions, except those that he can carry out independently.
- Represents the interests of the ward in court.
- Bears subsidiary property liability for the actions of the ward.
Adoption, foster family, guardianship and guardianship: main differences
In order to better understand the difference between adoption and other forms of placing a child in a family, study the table below.
| Adoption | Guardianship and trusteeship | Adoptive family | |
|---|---|---|---|
| Child status | Rights and responsibilities of a full-fledged family member | Status of a child left without parental care | |
| Reasons for the emergence of relationships | The court's decision | Decision of the guardianship and trusteeship authorities | Agreement between parents and guardianship authority |
| Requirements for parents | Coming of age Capacity Permanent residence Income level above the subsistence level | Adults Capacity Permanent residence | Adults Capacity Permanent residence |
| Duration of the relationship | Indefinite | Indefinite or temporary | Temporary |
| Ability of biological parents to maintain a relationship with the child | Absent | Present | Present |
| State support | - one-time benefit when transferring a child to a family - payments due to all blood family members | - monthly payments for the child | - monthly payments for the child - wage - apartment for the child upon reaching adulthood |
| Control by guardianship and trusteeship authorities | Annual examinations during the first three years of the child’s residence with the adoptive parent | 4 inspections during the first year and 2 inspections per year for the next five years |
conclusions
The legislation provides for several forms of placing a child in a family. In addition to adoption, when a minor becomes a member of the family and has the same rights and responsibilities as the adoptive parent’s own children, in some cases guardianship or trusteeship may be established (depending on the age of the child). As an alternative to an orphanage, the legislation provides for the possibility of raising a minor in a foster family. Each of the above forms has its own characteristics and can be used in various life situations.
Adoption, guardianship, foster family: what's the difference: Video
Master of Law. Also in 2012, he received the specialty “Financial Analytics”. After receiving a second higher education, he founded an independent appraisal company. I am engaged in the assessment of real estate, land and other property.
The problem of abandoned children and orphanages has always been quite acute, and the question of how guardianship differs from adoption can be very important for potential parents.
Orphans can be taken into the family by relatives or strangers (adoptive parents), and thereby give the kids everything they need for a full life.
Both procedures allow concerned citizens to take care of children, but they have some significant differences.
Guardianship
Guardianship is a form of representing the interests of incapacitated citizens (minors, elderly people or mentally ill people) without changing attitudes towards them.
He is brought up in a family, but does not become a relative of the guardians according to documents, that is, he retains his last name. One of the family members can also become a guardian.
The upbringing and maintenance of the child is supervised by the relevant guardianship service, and they impose less strict requirements on the host family.
There are two types of guardianship: simple and paid. The second provides for payment to the teacher of a certain monthly amount for education and the conclusion of an agreement, as well as some benefits.
Please note: guardianship is provided for teenagers under 14 years of age; from 14 to 18 years of age, guardianship is established automatically, without concluding additional contracts.
At the same time, both the guardian and the trustee are seriously limited in their rights in relation to the pupil. For example, they cannot spend money received from the state on themselves, and cannot enter into any transactions on behalf of the orphanage under their care without the consent of the relevant authorities. If the teenager owns any property, a trust agreement must be entered into.
Adoptive family
Adoption involves the adoption of a child into a family by a court decision as a family member.
The adoptive parents receive all parental rights and responsibilities, and the baby receives a last and patronymic name.
At the same time, in some regions the state pays 300-500 thousand rubles or gives certificates for the purchase of housing.
It is worth noting: parents can also change the name of the adopted orphanage or record a different date of birth (no more than 3 months) if they want to keep the adoption secret.
It is important to remember that adoption is a serious step that places more responsibility on the parents than care. It involves the establishment of close family relationships between the parties, the full acceptance of the orphanage into a foster family without division into natural children and adopted ones.
Differences
When a foster parent decides to take a child from a shelter, he is offered the choice of guardianship and adoption. Despite the fact that the end result is the same in both cases, there is still a difference between the concepts:
Guardianship is a temporary solution and ends when the teenager reaches 18 years of age. Adoption lasts a lifetime: even if the teenager’s blood parents are suddenly found, he will not be handed over to them. In this case, the guardian does not have any parental rights - only the responsibility to raise the child.
Guardianship can be provided on a paid basis (the teacher will receive up to 17 thousand rubles monthly), adoption is free, although the state may provide a one-time payment. At the same time, adoptive parents do not.
When leaving, the teacher must report every year to the guardianship authority; foster parents can only wait for an inspection if it becomes known about inappropriate treatment of children.
When supervising a minor, the right to property is retained: for example, if he was registered in an apartment, then it remains his property, the guardian has no right to it and can dispose of it only after the consent of the guardianship authority. Upon adoption, all the property of the minor passes to the family, and he becomes their heir.
In some cases, care can be terminated (all of them are described in the laws); adoption exclusively involves the deprivation of parental rights.
A warded teenager can be returned to the orphanage if his blood relatives are again ready to fulfill their duty (the court has restored their parental rights or they have been found) or if there are people who have decided to adopt.
Please take into account: the guardians of an orphanage child in the absence of relatives usually become his relatives, for example, aunts and uncles or grandparents, that is, those who cannot adopt him.
Often, under guardianship, the baby can meet with his parents, they can look for him new family, he will also know that the guardians are not his family, but only those who help him. This is stressful for the teenager himself, especially if he is still young. At the same time, guardianship is a good test for the adoptive parents themselves: if they are not ready to accept the baby, it will be easier for them to “return” him.
When adopted, a teenager becomes part of the family both on paper and in life, and therefore excessive demands are placed on future parents. They must not only collect Required documents, but also fully comply with all the requirements, as well as complete several courses and commissions.
Despite the obvious benefits of guardianship, many families seek to formalize adoption; this is also a higher priority for the state. This is the best solution for children, as they get a real family. At the same time, taking children under guardianship for a while can help parents sensibly assess their strengths.
Watch the video in which a specialist examines the legal status of guardians, trustees, adoptive parents and children, the scope of their rights and responsibilities:
In the life of an adult and a child, different situations occur that can put the family in a difficult situation: material, financial, psychological and social. Such circumstances may include:
- death of parents;
- their evasion from fulfilling parental responsibilities;
- serving sentences in prisons and camps;
- deprivation or restriction of parental rights by a court decision;
- recognition of a parent as incompetent by a court decision;
- being on compulsory treatment.
In these cases, the child is left without parental care and may be placed in an organization for orphans (“orphanage” and children without parental care for the purpose of further life arrangement. If there are relatives who are ready to take the child under guardianship or trusteeship, priority is given the blood family and relatives of the minor are asked to collect a package of documents to establish guardianship.
There is another form of placing a child in a family, called adoption.
It can be installed if married couple wishes to foster a child in order to give him the status of a son or daughter. Another factor is, for example, the following situation: there is a family where there is a child from the mother’s first marriage, and the current husband has a desire to give him his last name, to become a united family, to be a father.
What is guardianship and trusteeship?
First, let's note that there are some differences between guardians and trustees.
- Guardianship is discussed when we're talking about about children under 14 years of age or about completely incompetent adults, who also need to be looked after like little ones.
- Guardianship can be established, for example, over teenagers 14-18 years old, or over adults who are capable, but who need to be controlled in order to avoid trouble (for example, drug addicts). The trustee controls the transactions made by the ward.
The main priority in raising any child is the family, whose members will support in difficult times and provide assistance in difficult situations. The correct formation of a person’s personality occurs only in this form of education.
The concept of guardianship presupposes the life arrangement of children left without proper parental care from their relatives or citizens who want to take custody of a child, but have previously undergone specialized training.
When a child reaches 14 years of age, his legal representative becomes a guardian.
The staff of the institution that supervises guardians and trustees also includes citizens who are involved in raising children professionally; they are called foster parents. As a rule, they practice recruiting several children into their family, often becoming mothers and fathers for them, and after 18 years of age, they release them into adult, independent life. An agreement on foster family is concluded between them and the social welfare institution, within the framework of which they have their rights and obligations.
Guardianship, guardianship and foster care also have financial support. Adoptive parent is a kind of employee of a social development institution, therefore he receives a monthly remuneration for his activities (note, here we are only talking about the situation of caring for minors), its amount in 2020 is set at 18,004.12 rubles.
Any use of materials is permitted only with a hyperlink.
Depending on the region, the size may be higher. The foster parent is considered a professional employee who protects the rights and interests of children. A benefit is also paid in the amount of 40% of the adoptive parent’s income.
A child raised in a foster or guardianship family may receive a monthly maintenance allowance.
It is required if the minor has orphan status, or the parents are under compulsory treatment, are registered with a narcologist, are serving a sentence, or have been deprived or limited in parental rights. If parents evade their responsibilities, such benefits are not assigned.
Positive Features
The advantages of establishing guardianship compared to keeping a child in a state institution include:
- raising a child in a family with instilling in him the necessary social norms and values, the correct formation of personality;
- protection of his property and financial rights;
- control over training, health and life protection;
- successful adaptation in society.
Flaws
Guardianship has only one drawback - if during the stay in the family, the guardian improperly fulfilled his duties, then the child may remain unprotected financially and property-wise after reaching adulthood. In addition, cases of domestic abuse are quite rare, but sometimes occur.
What is adoption: pros and cons
Adoption presupposes a completely different form of placement of a child in a family, different from guardianship, their difference in goals, package of documents, mechanism for giving status to the child. It is not aimed at the temporary education of a minor under 18 years of age, but at his permanent residence in the family.
You can adopt a child through court proceedings if he has the status of an orphan, or his parents have abandoned him, or he is being raised by one of the parents, and the second legal representative is absent, which is confirmed by a certificate from the registry office of form No. 25 (about birth).
pros
Adoption has its advantages:
- the child, in accordance with the law, is the son or daughter of the adoptive parents;
- legal representatives are obliged to ensure and protect by all reasonable means the rights and interests of this minor;
- being raised in a family where he is wanted, will feel loved, supported and cared for.
Minuses
The difference between guardianship and adoption
A person who decides to take guardianship or adopt a child asks the question: what is the difference between guardianship and adoption?
The difference between guardianship and adoption is global, these two are completely different shapes placement of children in families. They have the following differences:
- adoption differs from guardianship in its purpose - guardianship or a foster family may involve raising a child up to 18 years of age, and adoption is confirmed by the status of a son or daughter;
- the guardian provides for the needs of the child, relying on financial support from the state, and the adoptive parent acts independently in this regard;
- guardianship is formalized in the department of guardianship and trusteeship, and adoption is established in court;
- guardianship and guardianship are monitored by specialists from the guardianship and guardianship department until the child reaches 18 years of age by checking the living conditions of the wards; adopted children are checked only during the first three years after the trial.
What is better is guardianship or adoption, only the future parents themselves can decide, since the preparation of documents depends on the goals of the candidates, for what period they are ready and able to raise a child. The difference between them can also be seen in legislative aspects. The mechanism for establishing guardianship is regulated Federal law“On guardianship and trusteeship”, and the adoption process is regulated by the Family Code of the Russian Federation.
