What are the differences between adoption and guardianship?

Adoption and guardianship are two different legal arrangements in Virginia that provide a person with authority over a child or adult. Adoption is a legal process that creates a lifelong parent-child relationship between people that is not related by blood. It severs the legal relationship between an adopted child and the birth parents and creates a new one with the adoptive parents. The adoptive parent is then considered the child’s legal parent with all the rights and responsibilities that come along with it. The adoptive parent can make decisions about the child’s well-being, including healthcare, education, and religious upbringing. Guardianship is when an adult legally assumes parental authority over a child or adult. A guardianship gives the guardian decision making authority in relation to the person’s care and welfare. However, the guardian does not become the legal parent of the child or have the same legal rights as the parent. The guardian is usually appointed due to the incapacity of the child’s parents. Guardians do not have authority to make decisions about the child’s education and religious upbringing, but can make decisions about their medical care and finances. In summary, adoption is a legal process that creates a lifelong parent-child relationship between people that is not related by blood. Guardianship is an arrangement where an adult is given authority over a child or adult but they are not the legal parent and do not have the same rights and responsibilities as a parent.

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