Adoption
After a court decision on adoption, the child enters the family on the basis of blood rights - with all the ensuing mutual rights and obligations. This form of child adoption is considered the best, as the adopted child finds a real family. For at least three years after adoption, guardianship authorities monitor the adoptive family.
Pros:
- Allows the baby to feel like a full-fledged member of the family.
- Upon reaching the age of majority, all relations and inheritance rights are retained.
- An adopted person can change their last name, first name, patronymic, date and place of birth.
- The secrecy of adoption is protected by law.
Minuses:
- It is approved by decision, which means it takes much longer to complete than other forms.
- All responsibilities for the maintenance and upbringing of the child fall solely on the adoptive parents.
- Quite strict requirements for the financial and housing situation of candidates for parents.
- Not every child deprived of parental care can be adopted.
State assistance:
- - currently 8,000 rubles.
- The monthly compensation payment to persons who adopted a child from among orphans and children left without parental care in Moscow after January 1, 2009 is 12,000 rubles.
- One-time compensation allocated by the Moscow government is from 5 to 10 subsistence minimums.
- When adopting a baby, one of the adoptive parents is granted postnatal leave and all required payments in connection with the birth of the child.
- If the adopted child is the second or more in the family, he has the right to maternity capital.
Home - Divorces
The main difference can be seen in the rights of citizens who decide to adopt or take custody of a child. The adoptive parent has a wider range of rights than a guardian or trustee, as he is recognized as a full parent.
What is guardianship and trusteeship?
Adoption is a priority form of family arrangement for a minor, which implies the establishment of legal ties between a parent and a child, similar to those that arise between children and their father and mother at birth.
- Target . Guardianship involves raising a child until he reaches the age of eighteen, that is, it has an end date, while adoption is confirmed by establishing the child’s status as a son or daughter, that is, it does not have an end date.
- Finance . When registering guardianship, the needs of the minor are provided by the state, the guardian only manages the funds allocated for his ward, while the adoptive parent supports the child at his own expense and at his own expense.
- Decor . Guardianship is appointed in the department of guardianship and trusteeship, adoption - in court.
- Control . The guardian family is constantly monitored by PLO employees, until the child reaches the age of 18 and the guardianship ends, while the foster family is monitored only during the first three years after adoption.
Guardianship and trusteeship
The adoption of a child into a family as a pupil is carried out for the purpose of his maintenance, upbringing and education, as well as to protect his rights and interests. Children under 14 years of age are taken under guardianship, and guardianship is established over adolescents from 14 to 18 years of age. Guardianship authorities regularly monitor the conditions of detention, upbringing and education of a teenager. Quite often, guardianship serves as a launching pad for subsequent adoption.
Pros:
- The decision on guardianship is made by the head of local government, as a result of which it is processed faster than adoption through the court.
- A candidate for guardianship is subject to less stringent requirements regarding income and living conditions than an adoptive parent.
- An allowance is paid to the ward, the state helps the guardian with education, recreation and treatment of the pupil.
- Upon reaching 18 years of age, a ward who does not have his own home is required to provide living space.
Minuses:
- The student may not feel like a full member of the family.
- Biological parents and other close relatives of such a child have the right to visit him, and in some cases, to take him back (for example, when parental rights are restored).
- The teenager can be adopted by third parties.
- It is not possible to change your last name or change your date of birth.
State assistance:
- when transferring a child to a family for upbringing - 8,000 rubles.
- Monthly payments for the maintenance of the pupil are 10,000 rubles.
- The monthly compensation payment to reimburse the costs of paying for housing and communal services and telephone in the residential premises in which the minor ward actually lives is 700 rubles.
- The monthly compensation payment for abandoned, abandoned and abandoned children is 1,560 rubles per month.
- Free supply of dairy products for baby food on doctor's prescription - up to 2 years.
- Free provision of medicines according to doctors' prescriptions - up to 3 years.
- 50% discount on the cost of keeping a ward in a preschool institution.
- Free travel for a guardian in city passenger transport based on the Muscovite Social Card.
- Preferential travel for full-time students.
- Free visits to museums, cultural and recreation parks and other institutions run by the Moscow Government - up to 7 years. Free entry to the zoo, reduced prices for visiting museums, exhibitions, etc. institutions under the jurisdiction of the Moscow Government - children from 7 to 18 years old or until the end of full-time education.
- Free two meals a day during the period of study in educational institutions.
- Free provision of textbooks during the period of study in general education institutions.
- Providing discounted or free hot meals to full-time students in state educational institutions of primary or secondary vocational education.
- In the event of the death of a child's natural parent, a survivor's benefit is awarded.
Registration procedure
In 2021, you need to submit an application to the guardianship authorities at the child’s place of residence. A minor or incompetent citizen (under the age of 14) must live with the child.
A child over the age of 14, with the consent of the guardian, can live at a different address.
Required documents
For you need to provide:
- passport of the intended guardian;
- information about the income and employment of the future guardian;
- certificate of good conduct;
- guardianship agreement (if the child is placed in a foster family);
- information about the guardian’s living space;
If a child does not have his own housing, then the state is obliged to provide him with housing out of turn. The accuracy of information about guardianship is checked by specialists from the guardianship authorities.
Adoptive family
With this form of family arrangement, the child lives in a family with a “foster parent” - a teacher. In total, such a family can raise from one to 8 children (including the natural sons and daughters of the teacher). A foster family is created on the basis of an agreement between the foster parent and the guardianship authorities, which regularly monitor the conditions of detention, upbringing and education of the pupil. The period of stay of the ward in such a family is determined by the contract and may vary. In this case, the adoptive parents are his legal representatives.
Pros:
- The ability to transfer to a foster family children who cannot be identified, children temporarily removed from dysfunctional large families or from convicted parents.
- This form of arrangement is a real salvation for brothers and sisters of different ages, who would otherwise be assigned to different children's institutions.
Minuses:
- The child may be given up for adoption to third parties.
- Contacts with the biological parents and relatives of the pupil are possible, and, in some cases, his return to his birth family.
- Admission to such a family is more difficult to arrange than guardianship, since it is necessary to draw up an agreement on the transfer of the child into care and an employment contract for the teacher.
- When accepting a ward into a foster family living in another region (city), it is necessary to conclude a tripartite agreement - between the teacher and the guardianship authorities of both regions.
State assistance:
- The foster parent receives an official salary - three times the minimum wage for each child. In addition, he has work experience.
- - according to the same scheme as for a child taken into custody. In addition, a child in a foster family is entitled to the same benefits as a ward.
- Foster parents are paid targeted funds for repairs, purchase of furniture and other needs.
Forms for placing orphans and children without parental care in families
You can take responsibility for raising a girl or boy in one of three legal ways: through adoption, registration of guardianship, or obtaining the status of adoptive parents. Any of the forms is focused on respecting children's rights. Compared to adoption, guardianship and foster care have only minor differences. Foster parents take care of the children based on the terms of the contract, and guardians raise the children free of charge.
The most difficult process is adoption - this is the only way a child is equal to a relative by birth and gets rid of the orphan status. The procedure consists of the applicants applying to the court and the latter making an affirmative decision. The procedure for filing and rules for writing a petition are stipulated in the Civil Code of the Russian Federation.
It is worth noting that warded and adopted persons belong to the preferential category of the population. However, as children grow up, the guardianship authority carries out checks. It is impossible to say unequivocally which form of device is better, since the main thing is that the baby is comfortable, and the person in charge sincerely loves and cares for him.
Patronage
A tripartite foster care agreement is concluded between the guardianship and trusteeship authority, an institution for orphans and a foster carer. Unlike a foster family, a child is placed under foster care for a short period of time - its duration depends on the specific situation. The main goal is the socialization of the child, giving him the necessary skills for living in a family. Foster care is often the first step toward foster care, adoption, or foster care. A foster family can accommodate no more than 4 children (including natural children of the caregiver).
Pros:
- The ability to place a child in a foster care provider's family who cannot be placed in permanent care or for adoption.
- Less stringent requirements for candidates than for adoption, but more stringent than for guardianship.
- The state organizes education, recreation and treatment for the patron, and provides assistance in solving complex problems.
- The foster carer is required to undergo training.
- Institutions that place children in foster care have psychological and pedagogical support services.
Minuses:
- The institution that transfers children to foster care establishes a certain regime for the child’s life in the foster family, controls compliance with these plans and the expenditure of funds paid for the maintenance of the child.
- The child may be removed from the teacher’s family by decision of the parties to the agreement.
- Contacts with the biological parents and relatives of the child are possible. Their regulations are determined by agreement of the parties.
- The child may be given up for adoption to third parties.
State assistance:
- - according to the same scheme as for a child taken into custody. In addition, a child in a foster family is entitled to the same benefits as a ward.
- The foster parent receives an official salary - one and a half times the minimum wage for each child. In addition, he has work experience.
- When a foster child reaches 18 years of age, he is allocated housing.
Forms of children's device
Russian legislation provides for 4 forms of placing children in a family:
- guardianship and trusteeship;
- foster family;
- patronage;
- adoption;
Guardianship is established by application. Interested persons should contact the guardianship authorities at their place of residence or at the place of permanent residence of the child.
The guardian is subject to serious requirements in terms of financial support, availability of living space, physical and spiritual health.
Protection of children's rights
- Adopted or guardianship children are, first of all, the concern of the state. Therefore, you should accurately perform your functions and take full care of the child.
- This rule also applies to the real father or mother if they behave criminally towards children. Criminal liability can also be a form of punishment. The guardianship authorities appeal to the court, which revealed the fact of violation during the inspection.
- In case of rude behavior of a guardian towards his ward or poor care for him, the question of termination of guardianship also arises. This is followed by criminal, administrative and civil liability.
What is the difference between guardianship and adoption: differences, 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.
Positive Features
- They talk about guardianship when it comes to children under 14 years of age or 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 judges who made the adoption decision;
- officials who registered the child in the registry office;
- employees of the guardianship authorities who were involved in this case;
- employees of the orphanage where the child was located before adoption.
