Differences between guardianship and trusteeship. What is the difference between guardianship and adoption: differences, pros and cons What is the difference between adoption and guardianship
In Russia, every year thousands of children are left without adults. They can also lose their parents if they behave inappropriately towards children.
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In order for a child to grow and develop harmoniously, he needs parents. Certainly for many Orphanage has become a real salvation, but not every child has a place here.
This is why many people who cannot have children or want to help their relatives arrange adoption or guardianship.
What it is?
Guardianship is the placement of young children in their care. In this case, children who have not reached 14 years of age are considered small.
This function is available if the child does not have parental care or his parents have been declared incompetent.
The guardian accepts the child into the family and now bears full responsibility for him. However, there are also some restrictions that are associated with the disposal of the child’s property.
Adoption is the placement of children who are left without parents. All this is done in the rights of a natural child. The adoptive parent gets the opportunity to fulfill responsibilities towards the child as a full-fledged parent. However, in order to achieve such responsibilities, it is worth taking into account many aspects.
The child being adopted must be no more than 18 years of age.
Legislative regulation
If we talk about legislative regulation, it is worth noting the following factors:
- Family code used as one of the main laws on adoption.
- The procedure for transferring children under 18 years of age is regulated by Federal Law.
On the basis of these documents, a guardian for children and incapacitated citizens is appointed.
Forms of adoption
Adoption is a form of placement of children under the age of majority into a foster family. It does not involve receiving benefits.
Relationships based on blood kinship are established between children and adoptive parents.
Registration procedure
The procedure for registering adoption in 2020 implies:
- collection of necessary documents;
- submission of papers to a special organization;
- waiting confirmation;
- obtaining permission to adopt.
Documentation
If a person is interested in registering an adoption, he should prepare a number of the following documents:
- statement of desire to accept a child into the family;
- autobiography of the adoptive parent or adoptive parents;
- certificate of income from the last place of work;
- extract from the house register;
- certificate of availability of housing;
- a certificate of no criminal record, as well as the absence of a case for a particular crime;
- a certificate from the hospital confirming the good health of the adoptive parent or adoptive parents;
- a copy of the marriage certificate;
- a statement of the consent of the other spouse to take an orphan into the family.
Forms of guardianship
The forms of guardianship depend on who is receiving guardianship. It can be carried out:
- over people who;
- over children - and those who have lost their parents.
Patronage
Foster care is a device that has been declared incompetent by the court. However, it is issued only if the person requires a lot of attention and constant care.
Foster care is a gratuitous form of guardianship that does not involve the payment of additional benefits.
At the same time, caring for an elderly person will be included in his work experience.
How to apply?
Arranging for such guardianship is not difficult. You only need to have documents that confirm that the incompetent person does not have relatives who can take care of him and provide him with everything necessary until his death.
Often this form of guardianship is one of the most common and easiest.
Documentation
In case of registration of such guardianship, it is worth preparing the following documents:
- passport;
- work book;
- salary statement;
- application for guardianship;
- papers confirming the absence of other relatives.
How is guardianship different from adoption?
The guardian and adoptive parent have a number of responsibilities and rights that are provided for by law Russian Federation for each form of child adoption.
After the guardianship decision comes into force, the parties begin to build a relationship between each other.
Adoptive parents must cope with responsibilities that do not conflict with their interests.
Guardians are required to:
- take care of food and living conditions;
- give necessary education and set your own rules;
- dispose of property.
Restrictions
It should be noted that adoption is a very serious issue.
Therefore, you should carefully read the existing restrictions. The following are not acceptable for registration of guardianship:
- Persons recognized as incompetent persons in the family cannot take guardianship of another person.
- Persons who have restrictions in parental rights ah or persons deprived of them.
- Persons deprived of guardianship rights as a result of their relationship with a child.
- Citizens who previously received adoption, but were later deprived of these rights.
- Persons without permanent residence.
- Citizens with a criminal past.
- Foreigners in same-sex marriage.
FAQ
When or adoption, many people have a number of questions.
Ensuring secrecy
Those who are worried about the secrecy of adoption need not worry too much. The secrecy of adoption is ensured according to the legislation of the Russian Federation.
International registration
Our life is filled with various unforeseen situations. Unfortunately, sometimes it happens that children in families may be left without parents for various reasons. In such cases, the question arises about the future whereabouts of the child. Fortunately, many kids have relatives who are eager to help. They are the ones who need to know well: how to behave and what to do in the current circumstances. There are two forms of control over orphans. Below we will talk about the difference between guardianship and adoption.
Guardianship is a form of placement of a child who is left without parents in other families, provided that he is not yet 14 years old. This concept can also be used in relation to adults declared incompetent by court. Control over a person who is considered competent, but whose actions must be monitored (drug addicts, etc.) in order to avoid trouble, is called guardianship.
Orphans are given care to the families of relatives, or to all interested citizens who have passed a special check. In turn, the guardian receives a monthly cash benefit. Its size at the beginning of 2019 is approximately 15.5 thousand rubles. The amount varies in different regions in its own way.
When a teenager reaches the age corresponding to the restrictions, guardianship automatically becomes trusteeship. The main disadvantage of guardianship: if the person replacing the parent while the child was in the family did not fulfill his duties well, then upon reaching 18 years of age the ward may be left without proper security in material and property terms. But at the same time, the guardian is obliged to report on the funds spent every month and provide checks to the guardianship department.
Adoption
Adoption is a form of placing a child in a foster family as a child. Adoptive parents acquire full authority over their adopted children. In families, relationships develop between the substitute parent and the adopted child, similar to those formed between children and natural parents.
The main law of adoption is the Family Code. When deciding to adopt a child, you need to know that the main criterion is the age between the adoptive parent and the adoptee; it should not be less than 16 years old. Along with this condition, you need to provide a number of documents:
- statement of desire to adopt an orphan;
- own autobiography;
- income certificate;
- document confirming the availability of your own home;
- a certificate stating that there is no criminal record;
- health certificate;
- a statement of consent from both future parents (but a single person also has the right to adopt, only he needs to provide a copy of the birth certificate);
- Marriage certificate.
To register both adoption and guardianship, you need to contact the relevant authorities at your place of residence.
The difference between the two concepts
Based on this information, we will draw clear conclusions about what is the difference between one form of control over a child and another.
- Time frame. Adoption is permanent, unlike guardianship.
- Payments. Adoption is not encouraged in any way by the state, while a certain equivalent is paid for guardianship.
- Reporting. Guardianship requires strict financial reporting to the state. Adoptive parents may be monitored by the relevant authorities on an unplanned basis to check living conditions.
- Saving personal data. Adoptive parents have the right to change the first, middle and last names of their adopted children, while guardians do not have this right.
- Acquiring full parental rights is only possible through the adoption process.
- Terms of termination. Guardianship is terminated under certain circumstances discussed above, adoption - only by court decision, in the event that parental rights are deprived.
- Legal aspect. Adoption is carried out within the framework of the Family Code, in court, and the establishment of guardianship is carried out under the conditions Federal Law, by decision of the guardianship and trusteeship authorities.
- Disposal of property. Guardians have the right to use it only in the interests of the person under their care.
- A full-fledged relationship develops between the adopted and new parents, which differs little from the interactions between a child and biological parents.
These points define the main differences between two identical concepts, the difference between which, in fact, is quite large.
Similar features
Besides all this, there are similarities between guardianship and adoption. Adoptive families must comply with generally accepted rules, which are:
- caring for living conditions and food;
- correct disposal of property rights;
- moral, ethical and spiritual education.
Thus, we found out how two concepts that are similar in nature are similar and different. What to choose - a person decides for himself, based on his own goals. In any case, every child should grow up in affection, care and understanding.
Attention! Due to latest changes due to legislation, the information in this article may be out of date. However, each situation is individual.
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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 raising a child from 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, siblings cannot be adopted by different parents, unless this is not contrary to their interests.
Find out who can become an adoptive parent and under what circumstances, as well as what legal consequences entails .
Legislation
In addition, on regional level their own regulations may also apply. As a rule, by-laws and documents of local authorities also determine measures social support 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 is higher living wage | 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 laws of the Russian Federation protect the interests of children, which is why it is encouraged to raise children left without care and control from loved ones in a family environment, for which any form is acceptable - guardianship, foster family.
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Priorities are set in such a way that family education was available to as many children as possible who had lost their parents.
What is a foster family?
When there is no possibility of adopting a baby or in the absence of relatives who could take care of guardianship, there is a wonderful form of education - foster family.
The little man is accepted into the family, where 8 children can be raised at the same time (together with children related to the adoptive father and mother).
Living in a family, a child experiences less moral trauma than when living in a group of similarly disadvantaged people. Home education allows an adopted child to have a family, albeit not his own, but still a family, where foster parents and a gang of brothers and sisters are always waiting and caring, providing bread and shelter.
New parents, accepting another child into their family, also take on a considerable burden of responsibility, because it is they who will now be in demand for the well-being, health and upbringing of their adopted child in the right way.
Adoptive parents are guardians for a child taken from a shelter., for them it is both a way of life and a job: they are credited with work experience and paid a salary on the basis of an agreement with the guardianship and trusteeship authorities.
Typically, the term of the contract is reached adopted child coming of age. Legislatively, foster care is regulated by Ch. 21 IC RF.
Become Both spouses and unrelated people can become adoptive parents. marital relations .
Guardianship or foster family - which is better?
- a form of raising a child who is not yet 14 years old, then guardianship will be formalized. The child’s relatives have priority in obtaining guardianship; if they are not present, then a guardian is appointed by the public protection authorities.
What is the difference between guardianship and foster family is clearly visible in the table:
Psychologically, an adoptive family is more preferable for the adaptation of a fostered child, since there are both father and mother, often adopted brothers and sisters, performing their duties and playing their roles.
A under guardianship, a little person may feel orphaned, feeling outside the family, because he does not see his father or mother in his guardian. So, family accents are clearer and more correct in a foster family.
It is difficult to answer unequivocally which is better. Adoptive parents are under close scrutiny by the PLO, controlling not only budgetary sphere, but also actually educational process. Guardianship is somewhat more free in its activities.
How are these forms of family education different?
It is quite obvious that There is no big difference between these two forms of child custody. Each form is designed to respect the child's right to be raised in a family. Both the guardian and adoptive parent are obliged to create normal living conditions for the child.
The difference between foster care and guardianship is that adoptive parents express a desire to take the baby and work as parents under a contract, and the guardian is appointed as a PLO, and the duties are performed free of charge.
A child left without parental care is placed under guardianship, first of all, to relatives, while children are placed in a foster family when they cannot be transferred for adoption or guardianship to their relatives.
If we talk about what is preferable for a child, then, ultimately, better for the baby where he is more comfortable, and this depends not on the form of education, but on the personality of the educator, his warmth and love, which the orphan needs.
Differences in payments to child caregivers
In both cases paid monthly allowance . Guardian and foster family help to place the child in kindergarten, school, organize recreation and, if necessary, treatment of the person under guardianship.
The foster family is given benefits for housing and transportation, and also provides targeted payments for the purchase of furniture, home renovations and other expense items, depending on the state of the budget of the region of residence.
Benefits for a family with a cared-for child
New the adoptive family receives an allowance every month, and its value is not a constant, since indexing is constantly carried out.
The size of the benefit varies greatly depending on the region ( source of funding is the regional, not the federal budget).
Of course, the factor of having many children also matters, that is benefits depend on family status. All details regarding receiving benefits must be clarified with the local guardianship and trusteeship authorities.
What benefits are available to adoptive parents and the child?
In addition to monthly payments in the form of benefits, the family that has accepted the adopted child has the opportunity to receive for the new family member:
- free school meals;
- free treatment in municipally owned sanatoriums;
- benefits when entering a university;
- the right to immediately register for housing, which he is entitled to by law after reaching the age of majority.
Whatever the form of education is called, For every child it is happiness to live in a family, and not in a shelter or orphanage.
Statistics show that the number of children abandoned by their parents to the mercy of fate, or left without care due to or other tragic circumstances, is not decreasing.
To children left without parental care grew up fully developed, healthy and educated, the state uses various forms family education: guardianship, foster family, adoption.
Fortunately, the initiatives of people taking on this difficult job of becoming foster parents are legislatively supported, especially at the regional level.
Last update: 01/31/2020
The state tries to provide a child without a family with the opportunity to develop and be brought up normally, providing for this purpose several different forms of care. In a situation where a child is left without parental support, the child’s relatives or loved ones are concerned with the question of how best to legally formalize patronage and more reliably strengthen the ties of kinship. What is the difference between guardianship and adoption, what is the essence of a foster family and patronage - we will tell you in this article.
Adoption
This form of ensuring the development of a child is similar to a full-fledged family. You should know that:
- You can only adopt a child by court decision. At the same time, the secrecy of adoption is strictly observed, which should never be disclosed to anyone. This also applies to participants in the trial, including the judge, secretary, prosecutor, guardianship representative, whose presence during the consideration of adoption is mandatory;
- Adopting a child means becoming a family for him forever; such relationships are free of charge (no payments are due) and indefinite. At the same time, newly made parents acquire those responsibilities and rights that are provided for by the Family Code of the Russian Federation.
Responsibilities
For example, claims may be made against such parents regarding upbringing, maintenance, development, ensuring proper treatment, etc.
Rights
Their rights include free choice of type educational institution for the child, the opportunity to represent the interests of children (including acting as legal representatives in property matters), and also, after the children reach the age of majority, to claim their maintenance in case of incapacity.
There is no monthly maintenance for an adopted child, but, taking into account the analogy with a real family, the parent has the right to receive lump sum allowance(which is issued to everyone at the birth of a child, as well as in connection with the adoption of a child into the family) and maternal capital(if the child is the second or subsequent). The adoptive parent is not obliged to report to the state about the disposal of benefits.
What is needed for adoption
As you can see, the law provides for all the nuances so that the child feels like family in the adoptive family. At the same time, family legislation puts forward strict requirements for those who wish to become adoptive parents. Before going through the trial preparation process, you must meet certain criteria.
Who can become an adoptive parent
In order to become an adoptive parent, you need to be prepared for a family, difficulties, and understand that by doing so you take full responsibility for the child’s fate. But with all the advantages of adoption, there can be a lot of bureaucratic delays. First you need to make sure that you meet the following criteria:
- full legal capacity of both spouses (that is, there are no court decisions declaring you and your spouse incompetent or partially capable);
- absence of a decision regarding deprivation (limitation) of parental rights in relation to other children;
- if earlier adoption cases with your participation have not been cancelled;
- absence of diseases that are included in the special list;
- The adoptive parent must be at least 16 years old older than the child(except for stepmother/stepfather);
- the income of the new parent must be sufficient to support the future family member. At the same time, earnings must provide at least the minimum subsistence level for everyone;
- availability of permanent registration, that is, permanent place of residence;
- lack of criminal convictions for a number of articles.
The adoptive parent can also be a foreign citizen; here, as a limitation in the right of adoption, there will only be a same-sex marriage, the spouses of which are currently not trusted by Russian legislation with children, as well as US citizens.
In addition to the requirements for candidacy of an adoptive parent, other requirements are taken into account: life situations directly affecting the possibility of accepting a child into a family:
| situation | acceptable | not acceptable |
| adoption by one person |
|
|
| family adoption | both adoptive parents are married |
|
| adoption of several children at once |
|
separation of brothers/sisters into different families, except in situations where this does not harm them. |
| child's opinion |
|
|
Guardianship and trusteeship
Guardianship and trusteeship have similar features, except for one thing: the difference between them is that children under 14 years of age can be guardianship, while guardianship is issued in relation to a child who is from 14 to 18 years old.
The difference between guardianship/trusteeship and adoption is as follows:
| established by court decision | the decision is made by the territorial guardianship and trusteeship authorities, and the refusal can be appealed in court (general grounds) |
| allowed if there is one eligible parent or no parents | impossible if there is at least one of the parents who does not shirk their responsibilities, that is, is not deprived, not limited, not hidden, etc. (except when, under difficult circumstances, the parents themselves temporarily ask for guardianship, proposing a specific candidacy for a guardian) |
| methods of education cannot be challenged if it does not violate the criminal or administrative code, does not involve cruelty, leaving a child without upbringing, education, etc., and only in court | interested parties can appeal any action to the guardianship authority |
| adoptive parents may prohibit communication with biological parents (unless there is a special court order) | cannot interfere with communication with parents, unless there is a judicial restriction on communication |
| are legal heirs in the event of the death of a child | has no inheritance rights by law |
| unlimited period | up to 14 years of guardianship, until 18 years of guardianship, or earlier, if the parents are restored to their rights, the children are adopted, etc. |
| free rights and obligations | with provision of state support for the child |
| the secrecy of adoption applies | information about the relationship between the guardian and the ward is open and, as a rule, the ward knows that he is not being raised by his blood parents |
| full range of parental rights | do not acquire parental rights in the full legal sense: the last name, first name cannot be changed, priority is always on the side of the biological mother and father; |
| regarding minors | guardianship can also be assigned to an adult due to a frail physical condition or mental disorder (for example, incapacity, limited legal capacity due to mental illness); |
| act as legal representatives, including property relations | The guardian has no right to dispose of the child's property. Moreover, the guardian responsible for raising the child is required to report on the expenditure of funds allocated for the maintenance of the ward |
| adoption | guardianship |
The fundamental difference between adoption and guardianship is the goal of future educators.
If we are talking about elementary concern for the fate of the child (providing clothing, food, education, etc.), in order to avoid him ending up in an orphanage or with strangers, as well as out of moral urges, family duty, then a guardian-guardian relationship often arises. ward.
When the question arises of giving a child your love, accepting him as your own child and being ready to bear such responsibility all his life, then this is already an adoptive parent-child relationship.
Who can become a guardian
Anyone who has expressed a desire to become a guardian must meet the following requirements:
- absence of drug addiction, alcoholism, mental disorders and other diseases that pose a danger to the ward;
- the absence of court decisions to cancel adoption or guardianship solely through the fault of the candidate;
- the applicant for guardianship has not previously been deprived or limited in parental rights;
- meeting the criteria for raising a child: household amenities, sanitary living conditions;
- Relatives and loved ones of children have priority rights to custody.
Approval of a candidacy occurs after a thorough check of lifestyle, interests, employment, material resources, and criminal prosecution. If all the criteria are met, then an agreement is concluded with the citizen, signed by the head of the guardianship authority (see).
Payments to the guardian
The state reimburses the guardian monthly for the costs of maintaining and raising the child, the average size The amount of payments for guardianship ranges from 3 to 15 thousand rubles. Maximum payments for guardianship and trusteeship of minor children are made if the ward is disabled, the guardian has other children, and other factors confirm the need for additional financial assistance.
Note that the highest payments are assigned in Moscow and the Moscow region.
- Every month - for the maintenance of a person under care in Moscow, the monthly allowance is 15,000 rubles, and in the case of a confirmed disability of the child - 25,000 rubles. As well as compensation for housing and communal services expenses (in Moscow - 928 rubles).
- Once - except monthly payment for the maintenance of a child under guardianship (trusteeship), a one-time allowance is provided (for example, in St. Petersburg - about 26,000 rubles, if the child is disabled - about 111,000 rubles).
The guardian is required to submit a monthly report on the expenditure of these funds to the guardianship and trusteeship authorities.
Termination of adoption and guardianship, liability for failure to fulfill parenting duties
- Adoption is indefinite. You should know that a child under guardianship can be adopted by other persons in accordance with the procedure established by law - in this case, guardianship will also be terminated.
- There is no reason - unlike adoption, other forms of child care are not indefinite. Most often, relatives take on the role of guardian in the event of illness, deprivation of parental rights, or incapacity of the mother and/or father. If the grounds for transferring the child no longer exist, then guardianship and trusteeship are terminated.
- Age of the child - in other cases, guardianship terminates when the child reaches 14 years of age (from this time on, the form of upbringing automatically becomes guardianship, which, in turn, terminates upon reaching 18 years of age).
Responsibility for improper performance of duties of a parent or guardian
The adoptive parent bears the same responsibilities as an ordinary parent; the responsibilities are also similar: from deprivation of parental rights to criminal liability (usually for child abuse). As a result, after verification, the guardianship and trusteeship authorities may file a lawsuit to cancel the adoption.
If a guardian is rude to a child, does not care for him properly, does not provide him with food or general education, then any persons, including the child’s relatives, can contact the guardianship authority and declare that the guardian has violated the conditions of the minor’s upbringing. The result of the consideration may be involvement in:
- administrative,
- civil,
- criminal liability,
- termination of the guardianship agreement.
Foster family and patronage
If for some reason guardianship or adoption is impossible, then the child can be placed in a foster family where there is a teacher who carries out the full development of the minor at home. A written agreement (agreement) is drawn up between the adoptive parents and the guardianship authority, on the basis of which the adoptive parents are paid an official salary, over time length of service. A foster family cannot have more than eight children. Officially, the adoptive parent becomes a guardian, but the form of placement of children, as we see, differs from the essence of guardianship (trusteeship).
Patronage is less common in practice and involves raising a minor in a home environment created by a teacher under a patronage agreement. Such a teacher can be a person who has undergone special training at the Regional Authorized Patronage Service. This form of raising a minor is usually “transitional” before adoption or guardianship is finalized.
What is better to choose
Any of the forms of arrangement of a child’s fate that we have considered has the goal of successful development, physical and moral education children who for some reason were left without parental warmth. For citizens who are ready to take responsibility for the life path of a minor, the question is often: what to choose, which method of care to give preference to?
Of course, the answer to this question depends on the circumstances that preceded the child’s situation. Sometimes it is his behavior and the attitude of adults that will help him make a choice which of the options provided by law is better: new family forever (adoption) or care until the ward becomes an adult (guardianship and trusteeship, foster family).
Question answer
We live in a small town, after registering a child with the registry office as a result of adoption, the whole village became aware of this, the registry office employee is to blame for this. Was she obliged to keep a secret and what would she face for disclosing it?
The employee of the state registration body, due to her official duties, was obliged to keep secrets. For disclosure, the persons who disseminated information about the fact of adoption are liable under Article 155 of the Criminal Code of the Russian Federation; punishment may be a fine of up to 80 thousand rubles, correctional/compulsory labor, as well as a ban on holding the relevant position.
My neighbor adopted a child many years ago, but the court canceled the adoption a couple of years later because she was suffering from alcoholism at its worst stage. Now, years later, she wants to adopt a child again, she says that she has reformed, is this possible?
Unfortunately, the Family Code prohibits adoption by those in respect of whom a positive decision was overturned by the court and the child was returned to the orphanage. However, the law does not provide for exceptions to this rule.
My son is in the custody of my grandmother while I serve my sentence. In a year I will be free, how can I get my rights back to my child?
After your release, you need to address this issue to the territorial guardianship authorities, where you will write an application for termination of guardianship. Be prepared for your lifestyle to be checked inside and out: your behavior, characteristics, employment, contact with your child, etc. will be closely examined.
If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.
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