What are the differences between adoption and guardianship?

Adoption and guardianship are two legal arrangements that allow a person to gain parental rights over a minor. While both legal processes can involve the transfer of parental rights, there are key differences between adoption and guardianship. Adoption is a legal process in which an adult formally becomes the parent of a minor. This grants the adult the same rights and responsibilities as a biological parent. Adopting a child typically requires the consent of both the child and the biological parent(s). In New York, a parent can relinquish rights to their child through a formal adoption process. Guardianship is a more limited legal arrangement in which a person assumes legal responsibility for the care and well-being of a minor. This individual is known as the guardian. Guardians have the authority to make decisions regarding the child’s medical care, education, and other important matters. However, the guardianship does not transfer parental rights from the biological parent to the guardian. Instead, the guardian acts as an extension of the biological parent, providing care and decision-making power as directed by the parent. The key difference between adoption and guardianship is the transfer of parental rights. While guardianship does not confer the same rights and responsibilities as a parent, adoption does. In New York, adoption is the only way to formally acquire legal parental rights over a minor.

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