What is the difference between guardianship and adoption?

The main difference between guardianship and adoption is the legal rights granted to the adult or parents involved. In guardianship, a court appoints an adult to take care of a minor child and make decisions for them. The court may also give the guardian control of the child’s property and financial affairs. The guardian has the same rights and responsibilities as a parent, but they do not have the same rights as an adopted parent. Adoption, on the other hand, is a legal process in which an adult formally adopts a child and gains the same legal rights and responsibilities as the child’s parents. This means they can make decisions regarding the child’s health, education and welfare, provide financial support and have physical custody. Adoption also gives the adopted parents the right to inherit from the adopted child and the child the right to inherit from the adopted parents. In California, guardianship can be granted for a variety of reasons, such as the death or incapacity of the child’s parents. It is also used when a child needs care and protection but cannot legally be adopted. It is a temporary arrangement, however, and the court retains control over the guardianship. Adoption, meanwhile, is permanent and can only take place if the child’s parents have signed consent forms. It is also subject to the court’s approval and can be a lengthy process. It is more complicated than guardianship and can last a lifetime.

Related FAQs

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