A child’s best interest should be the parents’ primary concern. Here’s what to know about legal guardianship versus adoption.
Legal guardianship is a temporary solution that brings a child extra support while retaining the legal parents’ rights. Adoption is a permanent solution to create a new legal family for a child and terminates all rights to the child of the biological parents.
Legal Guardianship
Legal guardianship gives parents the option to find other child care sources. When a court names a legal guardian, they create a legal relationship between a child and an adult. A legal guardian is an adult who assumes many parental and legal rights of a child. Children can live with legal guardians, and legal guardians can make important decisions regarding the care and upbringing of the child, like education and discipline. Although parents can choose a legal guardian for their child, a court may also decide to appoint a legal guardian if parents are neglectful or unwilling to provide appropriate care to their child.
Two types of legal guardianship exist permanent guardianship and standby guardianship. Permanent guardianship is long-lasting, self-sustaining, and an optimal way to create stability in a child’s life. Although a parent does not fully terminate their rights, the guardianship intends for the legal guardian to have majority control over the child.
Standby guardianship is different from permanent guardianship because parents still retain a significant level of authority over their children. However, standby guardians act as other caregivers for the child. Standby guardianship is a good option for parents with disabling conditions or terminal illnesses who want to retain parental rights but can no longer physically care for the child.
Adoption
Adoption is the legal process where a child legally becomes a member of a different family. In this case, the biological family has no legal rights to the child–– the only connection a child shares with their birth family is genetics. A person’s eligibility to adopt a child varies by state, as do the people who can get adopted. Age and state residency can be important factors among states in the adoption processes. Single or married couples may choose to adopt a child. Most states require parents to go through different agencies to adopt a child. Some states allow private adoptions, which do not require agencies to participate in the adoption process.
Related: California Adoption Laws and Requirements
Comparing Legal Guardianship and Adoption
Several similarities between legal guardianship and adoption include:
- Both legal guardianship and adoption establish stable support for a child.
- In both cases, a person not biologically related to the child receives parenting rights and custody over the child.
- Legal guardians and adoptive parents both have the right to decide a child’s medical treatment.
However, there are also several differences between legal guardianship and adoption:
1. Legal guardianship intends to be a temporary caregiving alternative for a child.
However, adoption establishes new legal parents over a child that lasts a lifetime.
2. Legal guardianships last until a child turns 18, whereas adoption establishes a permanent legal family for the rest of the child’s life.
3. Legal guardianship preserves the biological parents’ rights, whereas adoption terminates the legal rights to the child of both biological parents.
4. Parents have visitation rights and often physical child custody, even if a child has a legal guardian.
Biological parents have no visitation rights in adoption unless parties previously determine an open adoption.
5. Legal guardians must make special provisions in their will to secure the child’s inheritance rights, whereas adopted children automatically receive their parents’ inheritance rights.
FAQs About Legal Guardianship and Adoption
Do birth parents have to provide child support to the person or family who adopts their child?
No, biological parents do not have to provide any form of support to the person or family who adopts their child.
How do I determine whether to pursue a legal guardian or an adoption?
Each legal guardian or adoption case differs. However, prospective guardians or parents should ask themself which solution they prefer. Do you want temporary or permanent support? Do you want to retain rights for your child? Are you properly equipped to care for your child? You may want to consult an attorney to make the right decision.
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