What is the Difference Between Adoption and Legal Guardianship?

Adoption can be a complicated legal process. For anyone trying to learn about this process, it can be quite confusing, particularly when other terms like legal guardianship and custody are mentioned. If you are researching adoption you may want to know the difference between adoption and legal guardianship.

Adoption and legal guardianship both cover legal care and custody of a child, but there are some key differences to know. Some of the key differences between adoption vs. legal guardianship involve purpose, rights, and legal process.

To explain this further and help you understand the difference between adoption and legal guardianship, we have created this guide. It is important to note, however, that your case’s specifics will vary based on several factors. For the best guidance of the adoption process, it is best to work with an adoption agency. This professional can work with you and guide you every step of the way. It can also connect you with an experienced adoption attorney that is familiar with the specific adoption laws in your state. Read on, as we break down what you need to know when it comes to adoption vs. legal guardianship.

Similarities Between Adoption and Legal Guardianship

The terms adoption and legal guardianship are often conflated because they share a few similarities. Both ensure a safe and stable home environment for a child. Both enable an adult to establish a parent-level relationship with a child that is not biologically theirs. Adoptive parents and legal guardians are responsible for the care, discipline, safety, and basic needs of the child placed in their care.

Both the legal guardian and adoptive parent are considered the primary caregiver for the child, meaning they are also responsible for providing the child with necessities, such as a comfortable home, clothing, food, as well as ensuring proper education and social/emotional support.

Differences Between Adoption vs. Legal Guardianship

While both the adoptive parents and legal guardians are in charge of the child’s care and support, there are some key differences to know. These include the following:

Permanence and Purpose

Legal guardianship is a temporary caregiving situation. When a birth parent chooses to place their child in legal guardianship, it is to ensure the child receives care the parent cannot provide at the time – with a plan for the guardianship to last for a period. It can, at times, mean legal custody until the child is 18 years old, but the intent is to make it a temporary situation.

While birth parents also choose adoption to ensure their child receives the care they need, it is with the intent to make the adoptive parents the permanent parents for the child’s life. Thanks to open adoption, a birth parent can still maintain contact with the adoptive family over the years and witness their child’s growth and development. The birth parent can even build a relationship with their child, but it is important to note that open adoption is different from co-parenting.

Parental Rights and Responsibilities

With legal guardianship, birth parents maintain legal parental rights for the child. So, while a legal guardian is responsible for the child while the status is in place, the birth parent has the right to terminate the guardianship at any time and reclaim custody of their child. In legal guardianship, birth parents are legal parents to the child. This differs from adoption.

When a birth parent places a child for adoption, they must terminate their parental rights when signing consent to the adoption. Depending on your state, there may be a short revocation period, but once the adoption is finalized, birth parents’ parental rights may not be reinstated. Adoptions With Love encourages birth parents to take all the time they need before consenting to the adoption. It is never too late to make an adoption plan.

Legal Process

Both legal guardianship and adoption are legal processes upheld in court. Adoption, however, is a much more complicated process. To place a child for adoption – or to adopt a child – you must work with an adoption agency or adoption attorney. This professional can oversee the adoption process, answer questions, and ensure the adoption is carried out safely, smoothly, and legally. An adoption agency or adoption attorney understands the adoption laws in the state wherein they are working. At Adoptions With Love, the adoption attorney fee is covered for adoptive parents in the overall adoption cost. For an expectant/birth parent planning adoption, there are never any legal fees. There are never any fees for any part of the adoption process. In fact, expectant/birth parents planning adoption can receive financial support from their adoption agency.

Financial Support Expectations

Legal guardians may receive financial assistance as they care for the child. This includes health insurance, financial benefits that equate to the amount of daily foster care rate, and tuition waver assistance and/or deferred benefit.

With adoption, there is no financial support provided to the adoptive parents. Adoptive parents become a child’s legal parents, meaning they fully support the child and assume financial responsibilities.

Learn More About Adoption

If you would like to learn more about adoption, reach out to Adoptions With Love today. We can help you adopt a child or design an adoption plan for your baby. Call us any time for obligation-free information at 800-722-7731, text us (confidentially) at 617-777-0072, or contact us online. We can help guide you and offer you support throughout the adoption journey.