Legal analysis: The so-called foster care means that parents can't take their children to live together for some reason and can't fulfill their normal obligation of raising and educating, but entrust their children to family life of others such as relatives and friends. With regard to foster care, Article 107 of the Civil Law of People's Republic of China (PRC) stipulates: "Orphans or children whose biological parents are unable to raise them may be raised by relatives or friends of their biological parents. The relationship between dependents and dependents does not apply to adoption. "

Foster care is different from adoption. The main differences between them are:

(1) They have different purposes. The purpose of parents' foster care is to entrust others to take care of their children, not to dissolve the parent-child relationship; The reason why adopters, as biological parents, give their children to others for adoption is to dissolve the parent-child relationship between biological parents and children.

(2) The requirements of establishment and entry into force are different. There is no special requirement for the establishment and effectiveness of foster care. Generally speaking, it is only necessary for the parents of the child and the relatives and friends in charge of foster care to reach an agreement through consultation. However, the law has strict conditions for the establishment and effectiveness of adoption. Those who do not meet the substantive conditions or fail to go through the adoption registration formalities according to law will not have the legal effect of adoption.

(3) The consequences are different. Foster care only changes the form of raising, and does not produce the transfer or change of rights and obligations between parents and children, so it will not produce fictitious blood relationship; However, raising brings about a fictitious blood relationship between the raiser and the dependents, which leads to the dissolution of the relationship between the parents and the children and the formation of the relationship between the raiser and the dependents.

Legal basis: Article 1 107 of the Civil Code of People's Republic of China (PRC) stipulates that orphans or children whose biological parents are unable to support them may be supported by their relatives or friends. The relationship between dependents and dependents does not apply to adoption.