When an individual steps up to care for a child who is not their own, they often wonder whether to seek guardianship or adoption. While both allow an adult to take legal responsibility for a child, they are not the same. Understanding the difference can help families choose the option that best fits their situation.
Guardianship
A guardianship gives a nonparent the legal right to make important decisions for a child, such as education, healthcare and daily living. However, it does not permanently terminate the biological parents’ rights.
What this means is that the child’s biological parents still retain some connection and, in certain cases, may request to end the guardianship later. Guardianships are often considered in these situations:
- One parent is temporarily unable to care for the child due to illness, addiction, incarceration or deployment.
- Relatives or close friends want to provide stability without cutting family ties.
- The arrangement may only need to last for a limited time.
In Washington, these cases fall under the Uniform Guardianship Act, which replaced the old third-party custody system. The court prioritizes the child’s best interests and ensures the guardian can provide a safe, stable environment.
Adoption
By contrast, adoption permanently transfers all parental rights and responsibilities from the biological parents to the adoptive parent or parents. Adoption is irrevocable, and the adoptive parents become the child’s legal parents in terms of inheritance, custody and support. This is the right choice when:
- The biological parents are unable or unwilling to parent long-term.
- The child needs a permanent, stable home.
- The adoptive family wants full legal and emotional responsibility for the child.
This is the best choice for individuals who want all the rights of a biological parent even though the child is not their own.
Get the guidance you need
Choosing between guardianship and adoption is a major legal and emotional decision. A skilled family law attorney in Washington can help you understand the process, prepare the right filings and protect your rights as you do what is best for your family.
