The Responsibilities Of Adoptive Parents Versus Guardians

Under various family laws, adoption and guardianship are two main processes by which the lives of multiple families are shaped legally. However, the commitment of guardianship or adoption is a severe case of permanent promise to give the child care, love, attention, and stability for those who really need it. If you are researching adoptions, the Law Office of David J. Rodriguez, PLLC, is going to be the best guide for you, as it will provide you with all the legal information related to guardianship and adoptions.   

What are the similarities and differences between legal guardianship and adoption?

Firstly, let us discuss how adoption and legal guardianship are different. In the case of legal guardianship, the biological parent or parents of the child temporarily give the child’s custody to a known person who is more capable of providing the necessary care and stability to the child. These cases mainly take place when the parents of the child are not financially stable enough, in case of illness, the death of the biological parent, or incarceration. On the other hand, adoption is a legal procedure in which the child becomes a permanent part of the new family.

The foremost similarity between legal guardianship and adoption is that the whole concept of both of these procedures is to provide the child with the support of family and stability in life. In both of these cases, we get to see that the welcoming parents must be solely aware of their responsibilities towards the child; they must provide the child with all the love, support, and financial stability.    

Legal guardianship or adoption–Which is best?

The foremost thing is that it is entirely upon the family and the situation to decide. As a biological parent of the child, if you are not sure which is going to be the best for your child, legal guardianship or adoption, you must consider these main factors: are you willing to keep any future relationship with your child? In the future, will you be financially stable to reclaim the full custody of your child?

The case of adoption and legal custody of the child is a sensitive issue. Hence, you must do a lot of research and consult a good and trustworthy lawyer. As a biological parent of the child, always remember that one decision of yours is going to decide the future of your child. 

Frequently asked questions

1. What are the lawful duties of the adoptive parents towards the child?

If you are thinking of adopting a child, the foremost responsibility yours towards the child is to treat the child just like your biological child. You must always provide the child with complete love and support, financial well-being, medical help, care, and education. Adopting a child comes with a whole new experience and responsibility. 

2. If a child is already under guardianship, is the biological parent of that child allowed to reclaim custody?

Yes, the biological parents of that child can reclaim the custody of that child who is under the guardianship, as long as the parent is fit and secure to take care of the child all over again. However, this reclaim strategy is not for the adoption process; here, the custody of the child is irreversible since the custody is permanent. 

3. Is there a law that adoptive parents will receive any financial support?

There are laws, but they may vary from country to country. Financial support is available for the parents in case of special needs of the child or if the child is being adopted through foster care.  

4. For how long can the guardianship last?

In many cases, the guardianship of the child may last if the child reaches the age of 18, if the biological parent of the child reclaims the child’s custody, or else if the court itself decides to end the guardianship of the child.

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