Publication date: 11.06.2024
Adoption and guardianship: legal aspects of the procedure
Adoption and guardianship are important social institutions that ensure the protection of the rights of children left without parental care. These procedures have their own legal aspects that must be taken into account for the successful completion of the process. In this article, we will consider the main legal aspects of adoption and guardianship, as well as provide recommendations for legal support in these matters.
Adoption: basic aspects
Adoption is a legal act resulting in the same legal relationship between a child and adoptive parents as between parents and children.
Terms of adoption
- Consent of biological parents. Adoption is possible only with the consent of the child's biological parents, if they are not deprived of parental rights.
- Consent of the child. If the child has reached the age of 14, his consent to adoption is mandatory.
- Ability of adopters. Adopters can be legal persons who have reached the age of 21 and are older than the child by at least 15 years. Adopters can be both spouses and individuals.
- Mandatory inspection. Before adoption, adopters undergo a mandatory check for compliance with established requirements and conditions.
Guardianship: main aspects
Guardianship is established over children left without parental care for the purpose of their education, protection of rights and interests.
Conditions for establishing guardianship
- Lack of parental care. Guardianship is established over children whose parents have died, are deprived of parental rights, are recognized as incapable, or are missing.
- Ability of guardians. Guardians can be adults with legal capacity who are able to provide proper care and upbringing of the child.
- Consent of the child. If the child has reached the age of 14, his consent to the appointment of a guardian is mandatory.
Guardianship establishment procedure
- Application submission. Candidates for guardianship submit an application to the body of guardianship and guardianship at the child's place of residence.
- Checking. Guardianship and guardianship authorities check the living conditions of candidates, their income, health and other important aspects.
- Appointment of guardianship. After the inspection is completed, guardianship and custody authorities make a decision on the appointment of guardianship over the child.
Legal support
The adoption and guardianship process requires careful compliance with the law and the preparation of a large number of documents. Consulting a lawyer will help avoid mistakes and ensure successful completion of all stages of the procedure.
Modern technologies allow you to get help from a lawyer online, which is a convenient way to get legal support without the need for personal presence. An online lawyer can provide both verbal and written consultations, which allows you to quickly resolve issues related to adoption and guardianship.
The importance of a legal opinion
Obtaining a legal opinion is an important step in the adoption or guardianship process. A legal opinion will help assess the legal consequences of certain decisions and ensure the correctness of all documents.
A written consultation can provide detailed clarifications on legal issues and recommendations for further action. This is especially important if you have complex questions or need clarification about the procedure.
Conclusion
Adoption and guardianship are important procedures that require compliance with many legal rules and regulations. It is important to understand your rights and obligations, as well as to get qualified legal support. A lawyer's consultation and legal opinion will help to avoid legal mistakes and ensure the successful completion of the procedure.
Online lawyer assistance and written advice make the adoption and guardianship process more convenient and accessible, allowing you to quickly get the necessary support and make the right decisions.
