What are the differences between adoption and guardianship?

Adoption and guardianship are two ways for adults to become legally responsible for children within the state of Oklahoma. The most fundamental difference between adoption and guardianship is that adoption severs the legal rights of a birth parent whereas guardianship does not. Although both are legal processes, adoption is a much more lasting legal arrangement than guardianship. During adoption, the birth parents permanently give up all rights and responsibilities for the child while guardianship only transfers these rights and responsibilities to someone else temporarily. In the state of Oklahoma, a guardianship can only be granted if the birth parent(s) is willing to cooperate. The court will also consider if the guardian is capable of meeting the child’s physical, emotional, and financial needs. Guardians are expected to provide food, clothing, housing, and medical care to the children in their care. When it comes to adoption, the birth parent(s) do not need to cooperate and they permanently lose their rights and responsibilities to the child. During the process, adoptive parents are expected to provide for the same needs of the child as guardians. However, adoptive parents are also expected to provide emotional support, education, and financial security that will last into adulthood. Overall, adoption and guardianship are very different processes that can be used in Oklahoma to provide legally responsible adults for children, but adoption provides a much more permanent and secure option.

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