What are the differences between adoption and guardianship?

Adoption and guardianship are both legal processes used to create a familial relationship between a child and an adult but there are some key differences between them. In Indiana, adoption is a process where an adult assumes the legal responsibility and parental rights of a child that is not their biological offspring. Through this process, the person adopting the child is granted all the legal rights and obligations of a parent, including the right to make decisions regarding the child’s healthcare, education, and living arrangements. Once complete, the adopted child will have the same legal relationship to their adoptive parent as if they were born to them. Guardianship, on the other hand, is a process that establishes the legal authority of an adult to make decisions on behalf of a minor child, such as healthcare, education, and living arrangements. The difference between adoption and guardianship is that in guardianship, the child does not necessarily take the legal name of the guardian and the guardian does not have the same parental rights as in adoption. Also, guardianship is usually established to meet the immediate needs of a child and is typically temporary in nature while adoption establishes a lifelong relationship between the adult and child. In Indiana, guardianship requires state approval and must be reauthorized every two years. Adoption is much more involved, so an experienced attorney should be consulted when the process is being considered.

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What are the differences between adoption and guardianship?

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