What’s the Difference Between Adoption & Legal Guardianship in California?

A guardian, an adoptive mom or a biological dad. No matter what a parent is called, he or she is responsible for the financial, physical, emotional and mental needs of a child.

If a biological parent is unable to care for a child (or themselves), guardianship or adoption are viable options.

Guardianship and adoption in California are both meant to provide optimal care for a child. There are however, some important differences including:

• Adoption is permanent, but legal guardianship of children is temporary. (But it can be more permanent than foster care, which is often a shorter-term solution).  Unlike in an adoption where the parents’ rights are terminated, a child’s biological parents maintain their parental rights. The birth parents may have a court order for visitation, which guardians have to comply with.
• The birth parents may have to pay child support during a legal guardianship in California. Any financial obligations end when a child is adopted.
• Guardians must state in their will that they wish to pass along any inheritance to a child.  But adopting means the child receives inheritance rights.
• Guardians of a child must submit regular reports to the court, while adoptive families don’t have to.
• The parent of an adoptive child generally determines their legal name. But in most cases, a child with guardians retains their birth parents’ name.

Can Guardians Adopt a Child in Their Care?

Sometimes, guardians choose to adopt the child or children they have welcomed into their home but this can be challenging. The biological parents are legally able to terminate the agreement and reclaim custody of their child. If the court decides they are fit to do so.

So, the biological parents need to give their consent for an adoption in California. If one or both of the parents object to the guardian adopting the child, the guardian can still ask the court for a termination of parental rights. This can happen if there is a drug or alcohol addiction, conviction of a serious felony, sexual abuse, neglect or another good cause.

In California, the court may also terminate parental rights if the child has been out of the parent’s custody for a year or more and has not provided support for the child.

When it comes to choosing between adopting and becoming a guardian, there is no one-size-fits-all answer. You will need to reach out to experienced attorneys for expert advice so you can make the best choice for you and the child.

Whether you are considering legal guardianship of children, termination of parental rights or adoption in California, we’re here to help everything go smoothly. Our full-service law firm has served Santa Rosa, California, and areas for over 24 years.

Our solutions and approach adapt to each client’s unique problem, and our cases resolve as quickly as possible, saving you time and stress. Meet our team.