What are the differences between adoption and guardianship?
Adoption and guardianship are two different legal processes used when children do not live with a biological parent. In Nebraska, adoption is a legal and permanent process that transfers all parental rights and responsibilities from the birth parents to the adoptive parents. On the other hand, guardianship is a court-appointed relationship in which a person is given legal authority to make decisions on behalf of a minor child. While guardianship does not transfer all parental rights like adoption does, a guardian is typically given the authority to make decisions about the child’s education, health, living environment, and other day-to-day decisions. Another difference is in terms of the permanence of the relationship. Adoption is considered a permanent and legal relationship. Once finalized, the adoptive parents are considered the legal parents of the child, and the child’s legal relationship with their biological family ends. Guardianship is a temporary legal relationship; a guardian only has authority as long as the court allows or until the child reaches the age of majority. The type of relationship also differs between adoption and guardianship. Adoption creates a relationship between the child and their adoptive parents that is the same as a biological relationship. In guardianship, the guardian typically does not have the same type of relationship with the child as a adoptive parent, but can still provide them with permanent care and financial support.
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