What is the difference between guardianship and adoption?

Guardianship and adoption are two legal processes used to care for minors (anyone under the age of 18). In Virginia, both of these processes are handled by the court system. While they are similar in many ways, they do have some distinct differences. Adoption is a permanent legal process that assigns parental rights and responsibilities to someone other than the child’s biological parent. This means that when a child is adopted, the adoptive parent(s) take over the legal responsibility for the child and become the child’s legal parent(s). The biological parent’s rights and responsibilities are typically terminated (other than a few exceptions). Guardianship, on the other hand, is a situation in which the court grants an individual (other than the parent) the legal authority to care for another person, either a minor or an adult. The individual is known as a guardian and is responsible for providing care and making decisions in the ward’s best interests. The guardian’s duties can include providing the ward with housing, making decisions about the ward’s medical care, schooling, and other aspects of their welfare. Unlike adoption, guardianship is generally not permanent and can be terminated by the court. The main difference between guardianship and adoption is that guardianship is a temporary arrangement while adoption is a permanent and irrevocable process. Adoption assigns parental rights and responsibilities to another person, while guardianship does not. In Virginia, guardianship can be granted for specific situations or for ongoing arrangements if needed.

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What is the difference between guardianship and adoption?

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