Many grandparents and special others have legal custody of their grandchildren but wonder if it might be better to adopt. This page explains the different rights and responsibilities between adoption and guardianship as explained by the California Department of Children and Family Services adoption unit. For the most part all states operate the same but be sure to double check the information in your own state and consult a good attorney before proceeding. Items that apply only to California are noted by ** but please realize that your state may have similar programs available. 
 See also Adoption Subsidies and Subsidized Guardianship

Adoption

Full legal and parental rights for the child

Terminates child's legal relationship with birth parents

Adopted child has inheritance rights from adoptive parents

Adoptive parents may claim child for income tax purposes

Child can take family name of adoptive parents (is not required just possible)

Child is entitled to health plans of adoptive parents

 **Child can receive financial and medical assistance through the ADOPTION ASSISTANCE PROGRAM (AAP). This is a non-taxable subsidy that may affect public assistance, lower income housing eligibility and social security benefits.

Court Jurisdiction terminates when adoption is finalized. CPS closes case.

Adopted children may get Social security benefits on their adoptive parents records.

Adoption is life long plan
 

Legal Guardianship and Custody

Legal guardian has sole rights to custody and control of child

SUSPENDS rights and responsibilities of birth parents (but does not remove them.  Parents can petition the court at any time to regain custody of the child.)

No inheritance rights

Child is not considered dependent of legal guardian. ( But child may be considered dependent for tax purposes if Guardian pays more than half the total support of the child.)

Child's birth name remains legal name.

Child's heath needs may not be covered by guardians health plan

**Related Legal guardian may be eligible for AFDC-FG (welfare assistance) when court jurisdiction has been terminated.

**Related Legal guardian may be eligible for AFDC-FC (foster care funds) when court jurisdiction remains and the family resides in California.

**Non Related Legal Guardians may be entitled to receive AFDC-FC (foster care funds) as long as residing in California.  NOTE the amount of AFDC-FC varies by county for all legal guardians.

**For Legal guardians receiving AFD-FC ( Foster care) DCFS services worker visits family minimum of 1 time every 6 months.

 Court jurisdiction may terminate when legal guardianship is granted.

Legal guardianship (custody) terminates when child reaches 18, marries, emancipated, or is adopted.

OR 

Legal Guardianship (custody) can also be terminated if the guardian petitions the court to do so or if new petition is filed naming new legal guardian.

OR 

If Legal Guardian moves out of state.

Rights and Responsibilities Of Legal Guardians

Guardian can, 

Establish the child's residence anywhere in the state without a court order.In the absence of a court ordered visitation schedulde, make all decisions reguarding parentsl visitation.Make decisions reguarding the Child's education, sports participation, and driver educationConsent to child obtaining drivers licenceGive consent formedical treatmentConsent to the child enlisting in the armed services or forign leigion

Guardian cannot, 

Change child's residence to a state other than California without a court order allowing them to do so.

Change the child's religion

Legal guardians are not entitled to the child's earnings

ADITIONAL RESPONSIBILITIES OF LEGAL GUARDIANS

Guardian is responsible for the care and control of the child at all times. (The health welfare and safety is the sole responsibility of the legal guardian including those times when the child is away on parental visits.) 

The Guardian is legally liable for the child's willfull misconduct including but not limited to traffic accidents, shoplifting, use of fire arms resulting in  property damage. 

The Guardian must notify DCFS if they are unable or unwilling to continue to act as the child's guardian. (Guardian may not return children to a parent without the approval of the court)