Adoption vs. Guardianship

There are two legal routes of establishing care for a child whose parents cannot provide them with an adequate home: adoption and guardianships. In some cases, adoption, which severs any legal relationship between a child and its mother, is not in the best interest of the child. This is when guardianship comes into play, usually as a temporary legal status.

Adoption

In an adoption, the adoptive parents are given all of the legal rights and responsibilities that previously belonged to the birth parents. The birth parents either have to voluntarily give up their parental rights or have them involuntarily terminated. Adoption is a lifelong, permanent legal relationship.

An adopted child has all of the same legal rights as birth children if the adoptive parents die and do not have a will, meaning the child is entitled to any inheritance or survivor’s benefits in the event of a death. In an adoption, all decision making is up to the adoptive parents, including decisions about schooling, medical treatments, or visitation of birth parents, depending on the terms of the adoption.

Adoptive parents are financially responsible for the support of the adopted child and can decide the child’s legal name, meaning they …