There may come a time in the life of an adult when he wants to help a child who is in orphanage find a family. But future parents may be faced with the question of what is better, or to adopt children. Before making a final choice, you need to understand all the details and pitfalls of these processes.

Basic Concepts

Before looking for differences in these two concepts, you must first understand what they mean.

Guardianship

This is a form of placing a child under 14 years of age in a family for the purpose of developing and educating the ward in case of incapacity or absence of parents. When the ward reaches the age of 14 years, guardianship is replaced by guardianship.

Adoption

This is a form of placing children under the age of 18 in a family who have been deprived of parental care and have the same rights as natural children.

What is the difference between guardianship and adoption?

Now let's figure out what the main differences between guardianship and adoption are.

Guardianship Adoption
  1. Valid for up to 14 years of age.
  2. A report on expenses per ward is required once a year.
  3. The pupil does not have the right to take the surname of his adoptive parents.
  4. The state pays financial compensation.
  5. Must be known in all government agencies.
  6. It is registered with the authorities.
  7. Stops upon reaching 14 years of age.
  8. Upon reaching 18 years of age, all responsibilities are removed from the caregiver.
  1. Approved up to 18 years of age
  2. There is no need to report expenses for children.
  3. Adoptive parents have the right to give their last name.
  4. Not government funded.
  5. It is established exclusively in court.
  6. Can be terminated only in case of deprivation parental rights.
  7. Has no statute of limitations.

Separately, I would like to highlight such a form of guardianship as trusteeship. It is issued when the child reaches 14 years of age. Unlike guardianship, during guardianship the rights and responsibilities of the trustee are narrower; he only gives permission to carry out transactions.

Rights and responsibilities of adoptive parents and guardians

For guardians:

Rights Responsibilities
  1. Solve everyday issues of the ward.
  2. Demand the return of the ward if he is being held somewhere without the consent of the guardian.
  3. Choose educational methods.
  4. Represent the ward in court.
  5. Choose a place to study.
  6. Receive financial assistance from the state.
  1. Living with the student.
  2. Assistance in the implementation of rights and obligations.
  3. Notifying the guardianship authorities about a change of place of residence, or about the need for a long departure.
  4. Education and comprehensive development.
  5. Fulfilling the functional duties of a guardian if the student leaves his place of residence for the duration of his studies, illness, or imprisonment.

For adoptive parents:


Differences in the adoption and guardianship procedures

Of course, the registration of guardianship has its own differences and features.

Stages of the document submission procedure:

What to choose: guardianship or adoption

Undoubtedly, every person who decided to do a good deed by taking a baby from orphanage, will be faced with the choice of obtaining guardianship or adopting a child.

Pros and cons of guardianship:

Pros and cons of adoption:

Payments and benefits to guardians and adoptive parents

In Russia, adoption is a free process, since the child is a full member and heir of the family, therefore he is not entitled to payments and benefits. Unlike adoption, guardianship is supported financially by the state.

There are three types of payments:

  1. One-time benefit, which is 16,350 rubles
  2. Monthly allowance (amount varies depending on the region).
    The average is:
    • For children under 12 years old – 15 thousand rubles
    • For children over 12 years old - 20 thousand rubles
  3. Guardian's remuneration (paid monthly):
    • Up to 3 years – 12650 rubles
    • Over 3 years – 9200 rubles
    • For children with disabilities– 25 thousand rubles


Guardians also have the right to benefits:

  1. Tax benefits:
    • For a student with disabilities – 6 thousand rubles
    • For one ward – 1400 rubles
    • For two children – 2800 rubles
    • For three children – 5800 rubles
  2. Tax deductions equal to the amount spent on treatment or education of the ward.
  3. Labor benefits:
    • The right to an additional two weeks of leave once a year
    • The right to work part-time or a week
    • May refuse to work on weekends holidays, and can also refuse business trips if the child is under five years old
    • Can take paid leave if the ward is under 1.5 years old.
  4. If the ward is disabled:
    • Entitled to 4 additional days off
    • Additionally, compensation in the amount of 5,500 rubles is allocated, which is additionally issued by the Pension Fund.

Legislative regulation


Of course, before starting the process of guardianship or adoption, think about which option would be more acceptable for you. But in any case, you will do a good deed by taking the baby from the orphanage and giving him a start to a new life.

Instructions

Adoption is a form of placing children who are left without parental care in a family as their own child. In this case, the adoptive parent acquires all parental rights and responsibilities. The procedure is regulated by a number of legal aspects that are mandatory. Adoptable foster parent the child must be under 18 years of age, and the adoptive parent must be at least 16 years older than him.

Guardianship is a method of placing young children (under 14 years of age) who are left without parental care. This is also a form of representation of the interests of a citizen who is incompetent after a court decision has entered into force. In fact, the guardian accepts the child into his family and bears a high level of responsibility for him. But at the same time, there are a number of restrictions that are associated with the disposal of the property of his ward.

Thus, guardianship and adoption solve the problem of neglect of children who, for certain reasons, have lost their biological parents. A person who takes on the responsibility of raising a child is burdened with a number of both rights and restrictions. However, there is a difference between adoption and guardianship, and a very significant one. You can adopt a child of any age who has not reached the age of majority. If he is over 10 years old, his consent will be required. Guardianship can be established over young children (under 14 years of age) and over an incompetent person, regardless of his age.

The adoptive parent acquires a full range of parental rights. He accepts the child into his family and can give him his last name. The guardian's rights are significantly limited, primarily regarding the disposal of the ward's property. In addition, he must report to government authorities every year. The adoptive parent, unlike him, is relieved of such responsibility.

For guardianship of a minor child, a remuneration of several thousand rubles (monthly) is provided. The adoptive parent does not have the right to count on such compensation, since he assumes all the rights and responsibilities for raising the child. Guardianship ends automatically when the child reaches 14 years of age or based on a court decision. Adoption can be canceled only in case of deprivation of parental rights.

To summarize, the differences between adoption and guardianship are as follows:
- adoption is a permanent phenomenon, and guardianship is temporary, limited by the requirements of the law and the provisions of the agreement (if any);
- the adoptive parent actually becomes the child’s parent, and the guardian remains with the ward in the same relationship as before the action was committed;
- guardianship can be on a paid basis, and adoption can only be free of charge;
- the adoptive parent can only be checked by special services, and the guardian must provide an annual report to the relevant authorities;
- upon adoption, a child’s passport details may be changed, but during guardianship they remain the same;
- acquisition of parental rights is possible only through adoption;
- adoption is terminated only by a court decision upon deprivation of parental rights, and guardianship - in cases provided for by law, regardless of the will of the parties.