Exploring The Differences Between Adoption vs Guardianship

Every year, there are children who are left without a primary caregiver, those who need love, commitment, and care. There are various ways you can help one of these children, like taking them in through adoption or becoming their legal guardian.

They both sound like they do the same thing, but what exactly differs between adoption vs guardianship?

In this article, we will talk about the broad strokes of both so that you can decide which path is right for you. 

Differences Between Adoption Vs. Guardianship

As Psychology Today states, adoption is the process by which an adult legally and permanently takes over parental responsibility for a child. This means that adoption is a long-term commitment.

Guardianship, on the other hand, is defined as an adult who is granted the legal right to care for a child. This is often temporary. For example, biological parents may need to be away from their children for various reasons. From incarceration to serious illness and other life events, there are many instances where children may need care for a certain timeframe. 

In some states, a full guardianship may last until the child becomes an adult at the age of 18, but in most cases, guardianship is not permanent. 

Key Similarities Between the Two

Adoption and guardianship feel similar in the sense that they both require a large amount of responsibility. Taking care of another human being requires empathy, patience, and a willingness to be flexible. 

Through both adoption and guardianship, caregivers need to provide a safe and nurturing environment for the child to learn and play within. No matter which of the two you choose, you will be legally and financially responsible for the child. This includes providing food, shelter, and clothing and offering other types of care, like emotional support.

Caregivers have legal custody over the child and are responsible for supervising them. They may make decisions about health, which schools they attend, and determine other aspects of their life. 

This is all to say that the common ground between adoption and guardianship is a shared goal of caregiving. 

Legal Distinctions

Now that we’ve defined adoption and guardianship let us look at the legal aspects.

In Adoption

• The biological parent’s rights are terminated
• It’s a lengthy process
• It’s permanent
• Both members of a couple must agree to adopt

During adoption, the biological parent’s rights are completely terminated. Because of this, the process is much more complex and takes significantly longer than guardianship does. The decree from the court is the last step which finalizes an adoption. In an adoption that involves a married couple, both adults are the guardians of the child.

The only way an adoption may fall through is if the adoptive parents fail to provide a safe place for the child with legal and financial support. 

Because adoption is meant to be life-long, it has many legal requirements. The process can require a lot of paperwork, including references, home inspection, and training classes.

In Guardianship

• It’s semi-permanent
• The biological parents may retain rights
• It has a faster process
• One or two adults may be the guardian

Sometimes, children do not want or specifically need to be adopted. So without the need for it or the child’s consent, guardianship often becomes the best choice. When it comes to older children (such as kids 12 and up), they typically give their consent before being adopted. However, the specific requirements are often determined by the laws of the state. Even if this is not required, the court often takes the child’s wishes into consideration.

In most cases, biological parents continue to have legal rights to their children, unlike in adoption. Another difference is that guardianships can end in several ways, including the biological parents petitioning to have the guardianship dissolved or the guardian petitioning for a resignation. 

The most notable variance is that guardianships are often set to end. There are three points in time at which this can happen: 

1. When a parent asks it to end
2. When the child becomes an adult (at 18)
3. After a set amount of time (which was determined by the court).

In most instances, temporary guardians don’t need to go to court, as they can obtain temporary guardianship by signing an affidavit or through Power of Attorney. Used mostly in cases of emergency due to situations like parental disabilities or military deployments, this type of guardianship can be limited in authority and time. Which is why it’s beneficial that the process to get it is relatively quick.

Responsibilities of Adoption vs Guardianship

Adoption: Creates a permanent family

When a caretaker adopts a child, they are with them until they legally become an adult. This can be a large financial commitment. The end goal is to create a permanent family that lasts long after the child turns 18 (though it is only legally binding until they become an adult, adoption tends to cultivate a long-term familial relationship ). Through adoption, the child will no longer be in the custody of the state and will achieve what is called permanency. 

In adoption, the adoptive parents get to decide if the child can have a relationship with their biological parents (or not). Either way, the biological parents right’s are removed through TPR (termination of parental rights) or by voluntarily removing them.

Additionally, the adoptive parents decide everything concerning the child, and they may even change the child’s legal name. 

Guardianship: Creates a temporary safe space

Children can also achieve permanence through guardianship, though this is not always the case. When there is legal guardianship, in some cases, children and their biological families may remain in touch with one another. This means that you are their temporary safe space and support, but also allow them to connect to their other loved ones.

In guardianship, it’s up to the courts whether biological parents have parental rights or not. Furthermore, these parents are often allowed visitations. 

Inheritance & Other Financial Considerations

Inheritance

An adopted child has the same rights as a biological child when it comes to inheritance. Alternatively, in guardianship, the child does not have automatic inheritance rights; they must be added to the guardian’s will for them to receive inheritance. 

Financial Responsibilities

In guardianship, if the biological parents still have parental rights, they may be held responsible for paying child support based on their income. 

Financially wise, guardianship requires less commitment than adoption because of the length of the placement and the fact that parents might assist you financially.

Pros and Cons of Adoption vs Guardianship

Guardianship

Pros	Cons
Less financial burden	It is set to end
Allows one to make a difference	The biological parents may be involved
Quick legal process	Your decisions may be contested

Adoption

Pros	Cons
Chance to create a family	Large financial commitment
Permanent	Many requirements
Full control over the child’s life	Time-consuming process

 Before you make the final decision, be sure you’ve asked yourself the following questions:stuychild, which makes adoption ideal for those who want to have full control and permanent responsibilities. 

Adoption Vs. Guardianship Takeaway

In conclusion, adoption vs guardianship have several key differences that distinguish them from one another. 

Be sure to consider your and your family’s personal circumstances so that you can make an informed decision about caregiving. Whether you choose adoption or guardianship, you can rest assured that your choice will make a significant difference in the life of a child in need. 

“Time and experience have taught me a priceless lesson: Any child you take for your own becomes your own if you give of yourself to that child.  -Dale Evans