garant / porter garant

English translation: guardian / serve as guardian

06:50 Apr 8, 2021
French to English translations [PRO]
Law/Patents - Other / adoption
French term or phrase: garant / porter garant
This term appears in a document about an international adoption and refers to somebody who has agreed to look after the adopted child if the adoptive parent is unable to do so. For example:
La sœur de Madame xxx se porte garante. Si Madame xxx se trouve en difficultés, elle bénéficie d'un garant qui pourrait accueillir l'enfant.
thanks
Jane RM
France
Local time: 13:40
English translation:guardian / serve as guardian
Explanation:
As Jeanie Eldon pointed out in the discussion, there are a number of different terms used for this depending on the jurisdiction (US vs. UK vs. Canada etc., different US states, etc.). "Guardian" is one of them, and probably the most common. It would be understood anywhere in the EN-speaking world even if it weren't the term used by the local legal system.

http://nycourts.gov/courthelp/Guardianship/child.shtml

Depending on context, this could refer to a "temporary guardian" who steps in when there's an emergency ("Si Madame xxx se trouve en difficultés..."). If the rest of the FR passage doesn't make absolutely clear that it's only temporary, I would opt for "guardian" alone or for "emergency guardian," because it could last an indefinite length of time--potentially, if the emergency lasts that long, until the child reaches age 18.

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Note added at 12 hrs (2021-04-08 19:50:28 GMT)
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PS: "Guardian" is used in India as well. http://www.legalservicesindia.com/article/204/Child-Custody-...
Selected response from:

Eliza Hall
United States
Local time: 08:40
Grading comment
thanks very much to you all
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3guardian / serve as guardian
Eliza Hall
4 +1stands as guarantor
Saeed Najmi
3 -2act as a back-up adopter / back-up adopter
Conor McAuley


Discussion entries: 9





  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
stands as guarantor


Explanation:
acts as guarantor


    Reference: http://https://www.proz.com/kudoz/french-to-english/law-cont...
Saeed Najmi
Morocco
Local time: 12:40
Native speaker of: Native in ArabicArabic, Native in FrenchFrench

Peer comments on this answer (and responses from the answerer)
agree  Yolanda Broad
2 hrs
  -> Thanks Yolanda

agree  philgoddard: But "stands as" sounds a bit odd. I'd say something like "is willing to act as".
10 hrs
  -> Thanks for the amendment. Much better indeed.

disagree  Eliza Hall: "Guarantor" doesn't have anything to do with child custody, adoption, etc. "Guarantor" is a financial and/or contractual term (one who guarantees that someone else's contract will be performed).
10 hrs
  -> A person may act as a guarantor of another person in contexts other than finance and contracts.

disagree  Lucy Teasdale: See comment above
1 day 2 hrs

agree  Conor McAuley: Acts as. Given that the fact that "tutrice" (female guardian) is not used and the lack of full context...
2 days 11 hrs
  -> Thanks Conor
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12 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
guardian / serve as guardian


Explanation:
As Jeanie Eldon pointed out in the discussion, there are a number of different terms used for this depending on the jurisdiction (US vs. UK vs. Canada etc., different US states, etc.). "Guardian" is one of them, and probably the most common. It would be understood anywhere in the EN-speaking world even if it weren't the term used by the local legal system.

http://nycourts.gov/courthelp/Guardianship/child.shtml

Depending on context, this could refer to a "temporary guardian" who steps in when there's an emergency ("Si Madame xxx se trouve en difficultés..."). If the rest of the FR passage doesn't make absolutely clear that it's only temporary, I would opt for "guardian" alone or for "emergency guardian," because it could last an indefinite length of time--potentially, if the emergency lasts that long, until the child reaches age 18.

--------------------------------------------------
Note added at 12 hrs (2021-04-08 19:50:28 GMT)
--------------------------------------------------

PS: "Guardian" is used in India as well. http://www.legalservicesindia.com/article/204/Child-Custody-...

Eliza Hall
United States
Local time: 08:40
Native speaker of: English
PRO pts in category: 8
Grading comment
thanks very much to you all

Peer comments on this answer (and responses from the answerer)
agree  Cyril Tollari: I think guarantor is misleading https://www.passports.gov.au/getting-passport-how-it-works/h...
9 mins
  -> Likewise.

agree  Lucy Teasdale: I would say ‘act as guardian’
15 hrs
  -> Yes, same thing.

neutral  Conor McAuley: More general thoughts. No country context. "Tutrice" not used? The "garante" would meet adopter's obligations, but we don't know what the latter are exactly or what the title of the "garante" would be. So I now think that "guarantor" is correct!!!
22 hrs
  -> How so?

agree  Yvonne Gallagher
1 day 17 hrs
  -> Thanks.
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1 day 7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -2
act as a back-up adopter / back-up adopter


Explanation:
I suggest this as a workaround solution.

Other synonyms of "back-up" could be used; secondary, replacement, substitute, etc.

If the primary adopter goes AWOL or whatever, then the secondary adopter will have to look after the child full-time, until the primary adopter comes back into the picture or the child reaches adult age.

I am working on the assumption that the child is a child from India who is being adopted in a French-speaking country (probably France), since the text is in France.

I haven't been able to find any information applicable to or vocabulary that could be used in relation to this unusual case (the Asker speaks of only one adoptive parent).

Check for yourselves:

Comment adopter un enfant à l'étranger ? (France)
https://www.service-public.fr/particuliers/vosdroits/F935

Adopting a child from overseas (England and Wales)
https://www.gov.uk/child-adoption/adopting-a-child-from-over...


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Note added at 1 day 11 hrs (2021-04-09 18:48:48 GMT)
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Cyril's discussion entry, which I swear I've just seen (context: USA, NYC):

"backup guardian?
1. Backup Guardian Affidavit - required by some Judges. This is an identified
friend or relative who agrees to care for the child in the event of the death or
incapacity of the adoptive parent.
http://www.nyscala.com/wp-content/uploads/2015/10/NEW-Genera...

Reliability of source:
Main site: http://nyscala.com/
"Welcome to the official website of the Citywide Association of Law Assistants.
The Association represents Court Attorneys who work for judges who sit in Civil, Housing, Criminal, Family and Supreme Court in all five boroughs of the City of New York."

What do we do now Eliza, share the honours? (Smiley face but I don't do emojis in work contexts.)

I got "back-up", you got "guardian".

I do accept the point about parent through adoption v. guardian now, after seeing this (source not great, but explanation is convincing):

"A parent is related to the child either through biology or adoption. A guardian does not have to be directly related to the child or adopt him, but has to make all legal and pertinent decisions pertaining to a child’s education and life."

https://brainly.in/question/8681064#:~:text=A parent is rela...

Guardian on its own would be misleading.

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Note added at 1 day 12 hrs (2021-04-09 18:52:40 GMT)
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Alternatively Cyril should post his Discussion entry as an answer.

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Note added at 2 days 13 hrs (2021-04-10 20:06:33 GMT)
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AFTER A COMPLETE RETHINK:

No country context (child is FROM India, Asker hasn't replied to my question in Discussion.

"Tutrice" (female guardian) not used.

The "garante" would meet adopter's obligations, but we don't know what the latter are exactly or what the title of the "garante" would be. So I now think that "guarantor" is correct!!!

My answer is still a possibility -- very little context.

Conor McAuley
France
Local time: 13:40
Native speaker of: English
PRO pts in category: 35

Peer comments on this answer (and responses from the answerer)
disagree  Eliza Hall: An "adopter" is a parent (legally speaking). A "garant" is not. This text isn't about if the legal parent dies; it's if she "se trouve en difficultés."
3 hrs
  -> The person writing uses legal language and does not use the word "tutrice". No much context, so who knows with any degree of certainty?

disagree  Lucy Teasdale: Not the same thing
4 hrs
  -> So if Madame xxx dies, does her sister then become the adoptive parent in her stead or not? (For the moment we don't know the country the child is being adopted in.)
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