Guardianship vs. Adoption: Which One Is Right for You
In Tennessee, courts can authorize this care by appointing a guardian or approving an adoption. The main difference between a guardian and an adoptive parent is the permanency of the authorization. Generally, guardians of minors in Tennessee (Tenn. Code Ann. Title 34) are appointed by the court and typically serve until the child turns 18 unless the guardianship is terminated earlier or replaced by adoption.
When an adult adopts a child (§§ 36-1-101 — 36-1-305), the adoption creates a permanent legal parent-child relationship between the adoptive parent and the child, with the same rights and duties as if the child were born to the parent.
Deciding who will care for a child can be one of the most rewarding yet difficult undertakings. You will have to decide whether guardianship or adoption is right for you, the child, and their future. We can help you understand which decision works best and guide you through the process of obtaining the necessary court approval.
What is guardianship in Tennessee?
In Tennessee, guardianship means you have legal, financial, and emotional obligations to a child or an adult whom the court has determined lacks the capacity to manage their affairs. When you are someone’s guardian, you are functionally in charge of their care and rearing, although your obligations stop short of being an actual legal parent.
A relative or a person nominated in a parent’s will may petition to be appointed guardian, but the court must approve the appointment based on the child’s best interests. An appointment may occur when parents are unable to care for the child or when the court determines guardianship is in the child’s best interests.
Guardians can also be given authority to manage the property of the minor. Depending on your situation, a financial conservator may be appointed for the child as well. If the court appoints a conservator for the child’s property, the conservator manages the child’s financial affairs, while the guardian of the person is responsible for decisions regarding the child’s care and upbringing.
While guardianship stops short of actual adoption and parenthood, guardians of children in Tennessee make decisions that a parent normally would.
When and how does adoption work in Tennessee?
In Tennessee, adults age 18 or older may petition to adopt a child, but the court must approve the adoption after required background checks, home studies, and a determination that the adoption is in the child’s best interests.
It doesn’t matter if you are single or married or what your sexual orientation is. You can adopt a child in Tennessee if you are deemed able and responsible enough to do so. Adoption agencies in Tennessee, however, will often have age or lifestyle limits on who they will work with concerning adoption.
Adoptive parents can be relatives of the child or strangers. Relatives often adopt children when biological parents are deceased, have substance abuse problems, or are unable to care for their children.
Adoptions through agencies usually occur when adults cannot have children of their own or wish to care for a child who needs loving parents.
How does being a guardian compare and contrast with being an adoptive parent?
Some guardians will opt to adopt the children in their custody, but this is an intensely personal decision that should be in the best interest of the child. Guardianship in Tennessee stops short of actual adoption because the rights of the child’s birth parents are legally taken away with full adoption.
The similarities of guardianship and adoption
Being a guardian or an adoptive parent both involve providing stability and care for a child who is (typically) not their biological child. Both legal guardians and adoptive parents have legal rights (such as approving medical care) and responsibilities (such as providing a home and food) for the child. Both relationships help children have the emotional support they need.
The differences between guardianship and adoption
Guardians. Many times, a biological parent appoints the guardian (such as by their will) or selects the guardian (such as a grandparent or sibling) because the biological parent needs financial, physical, or emotional help. During a guardianship relationship, the biological parents retain their legal parental rights.
A biological parent may petition the court to terminate the guardianship and restore custody, but the court will decide based on the child’s best interests and the circumstances that led to the guardianship.
Adoption. An adoption legally terminates the rights of the biological parent. This termination is permanent. The adoptive parents are permanently responsible for caring for and raising their child as long as the parent or child lives. Generally, the biological parents need to consent to the adoption, unless they are not alive or unless there is a legal showing that the termination is necessary.
Both the guardian and adoption processes require court approval. Generally, the adoption process is much more complicated because of its permanency. The family law judge in Tennessee may take more time to get to know the child and the parents to ensure that the adoption is in the child’s best interests and that the parents can provide the full range of support the child needs.
Children typically gain inheritance rights from adoptive parents and may lose inheritance rights from biological parents, although exceptions can apply in certain situations (such as stepparent adoptions). Adoptive parents have the legal duty to financially support their children. Biological parents generally remain responsible for child support, though the court may address support obligations in connection with the guardianship.
How do you choose between being a guardian and being an adoptive parent?
Some factors to consider when deciding between guardianship and adoption include:
- The desire or lack of desire to keep the biological parents involved in the child’s life
- The ability to provide the child with financial and emotional support, temporarily or permanently
- The desire of the adults to become parents
- The short-term and long-term needs of the child
- The ages of the children
- The need to keep the children safe
- The desire to keep the children connected to relatives other than the parents
It can be complicated to decide between adopting a child versus solely performing guardianship duties. You will need to think about the child’s identity and what will work best for them and their life moving forward. This can be difficult to determine, especially if the child is very young and cannot offer input themselves.
At the Law Offices of Adrian H. Altshuler & Associates, we are committed family lawyers serving Franklin. We can help you understand the difference between guardianship and adoption, and establish grounds for either. We have 35 years of experience helping to ensure the best future for children by helping adults become guardians or parents, depending on the best interests of the children.
To discuss any family law matter, including guardianship and adoption, in Franklin, Brentwood, or Columbia, call us or contact us to schedule a consultation.