Guardianship v Adoption What’s the Difference

What's the Difference between Guardianship v. Adoption

Guardianship v Adoption What’s the Difference

Temporary v. Permanent

The biggest difference between a legal guardianship v adoption is the adoption is permanent.  Legal guardianship is temporary.

Legal Guardianship Provides Temporary Care for Child

In a guardianship, parents place physical custody of their child with a temporary guardian.  The guardian is responsible for their care.  However, the parents retain legal parental rights.  They can seek reasonable visitation with the child.  The parents may terminate the guardianship.  They pass along inheritance rights to their child.

In a guardianship, guardians must submit reports to the Court, and comply with all court orders.  The Court supervises the guardian.

Adoption is Permanent

Adoption terminates the parental rights of the biological parents.  The guardians become adoptive parents, and they are now the legal parents of the child.  Adoptive parents pass on inheritance rights to the child.  There is no fear that the guardianship will be terminated once the adoption is granted.

Guardians Must Complete Home Study

In order to proceed with a guardianship adoption, a home study must be completed.

Guardianship v adoption

Have a case like this?

Family matters are extremely personal, and it is important for us to know details of your case before giving advice. Each case is different, and it is important to find an attorney you trust. To arrange an appointment, please call us at (626) 765-5767 between 8:30am – 5:00pm, Mondays to Fridays, or fill out the form below.

Schedule a Consultation