Adoption vs Legal Guardianship [Explaining the Differences Between the Two]

Because there are so many different terms and definitions involved with adoption, it's easy to get lost in what it all means and hard to determine what is truly an option for your unplanned pregnancy in Florida.

This guide is here to help make sense of it all and explain the differences between adoption and legal guardianship —while clearing up a common misconception that temporary adoptions in Florida are an option for prospective birth mothers.

Adoption is meant to place your child in a loving and supportive home with a family that will provide a lifetime of opportunity for them to succeed. They key word here is “lifetime.” Adoption is a permanent decision. While there are options for temporary guardianship, temporary adoption in Florida does not exist.

Anytime you have questions about your options for your unplanned pregnancy, adoption in Florida, or any other related topic, you can always call 1-800-ADOPTION or fill out our online form to get in contact with a trained adoption specialist. 

In the meantime, continue reading to learn the differences between adoption vs. legal guardianship in Florida.

Misconception About Temporary Adoption in Florida 

An unplanned pregnancy can spark many different thoughts, concerns, and emotions. If you are in a situation where you are not ready to parent, you may be exploring your options. First, we need to clarify that although you may hear or read the term "temporary adoption," such a thing does not exist. Temporary legal guardianship, however, is an option for your baby. Keep reading to learn the difference between domestic adoption and temporary legal guardianship.

Comparing Adoption vs. Temporary Legal Guardianship

For over 30 years, American Adoptions has helped prospective birth mothers and hopeful adoptive families complete successful adoptions. We have assisted thousands of birth mothers in nearly every situation imaginable.

Prospective birth mothers uncertain what to do during their unplanned pregnancy often ask, "Can I temporarily adopt my baby out without the state getting involved?" or, "I want to give my child away temporarily, how do I do that?" This is where adoption vs. temporary legal guardianship comes into play.

To best answer these questions, we must first define the two.

Adoption in Florida

When a child is placed for adoption, the process terminates the biological parent's legal rights for their baby. They are placed with the adoptive family who obtains the parental rights and will care for the baby/child moving forward. The purpose of adoption is to place the child in a permanent loving, and supportive home. Once the parental rights have been relinquished, biological parents are unable to reclaim them. Adoption is permanent.

Temporary Legal Guardianship in Florida

A temporary legal guardianship is, exactly how it sounds, a non-permanent caregiving situation for a child. Although the biological parents will retain all legal parental rights for the child during legal guardianship, a caregiver can obtain custody up until the child is 18 years old. The legal parents retain all parental rights for the child and can regain custody when determined fit. Legal guardianship is temporary.

Once again, temporary adoption in Florida does not exist. So, if you are asking, "Can I temporarily adopt my baby out without the state getting involved?" the answer is no. That is not a realistic scenario.

If you want to give your child away temporarily, that is an option, and you will need to contact an attorney near you to discuss this possibility to learn more about the legal aspect of it all.

Adoption vs. Temporary Legal Guardianship: Which is Right for You?

Whether you are trying to determine if a temporary legal guardianship or pursuing adoption is best for you and your baby, American Adoptions understands the significance of such a decision and is here to help make sure you don't have to go through this process alone. Weighing your options to determine what makes the most sense is a great place to start. 

Benefits of Adoption

When you choose adoption for your baby, you are doing so out of the love and care you have for your baby and putting their needs first. But, are you aware adoption benefits everyone involved?

For the adoptee: Your baby will grow up in a loving home with the support system they need to have the best opportunities in life. They will live a lifestyle that may not have been possible without adoption.

For the adoptive family: They are given the gift of parenthood. Hopeful adoptive families have many different reasons for wanting to adopt, ranging from infertility, to wanting to provide the love and support for a child with special needs. Whatever their reasoning, when you choose adoption, you give them the priceless gift of becoming a parent.

For you: When you choose adoption, you gain peace of mind knowing that your child will grow up in the environment and with the family, you chose for them. You do not face the financial burden of medical bills and delivery costs, as adoption is always cost-free for birth mothers. You are able to live your life and chase any goals or dreams you may have, which unexpectedly parenting and raising a child can sometimes take away. When you choose an open adoption, you can remain updated and, in some cases, involved in your child's life, while building a relationship with the adoptive family.

Keep in mind, these are just some of the ways adoption can benefit everyone involved. If you are looking for a permanent solution to your unplanned pregnancy, one that puts your child's needs first, adoption is the best option for you and your baby. Fill out this online form to learn more about choosing adoption during your unplanned pregnancy.

Benefits of Legal Guardianship

If you cannot commit to something as permanent as adoption or expect your stance on parenting to change, although temporary adoption does not exist, you may consider exploring legal guardianship. This is a beneficial option as it allows you to remain in control of your parental rights and determine when you are ready to parent your child. In some situations, birth mothers place their child with a family member or friend until they are able and ready to parent again. Please note, this does not mean giving your baby up for adoption in Florida to a family member short term, merely legal guardianship.

Keep in mind, if you choose legal guardianship, you are still responsible for all financial support needed while the temporary guardian is raising your child. You will also be committed to supporting your child at some point in the near future. Although it is a non-permanent option to ensure your child is getting the care and support they need, you will want to discuss this option with a family law attorney in your area.

The decision is ultimately yours to make, so make sure you research your options thoroughly. 

Contact American Adoptions for Your Adoption Needs

An unplanned pregnancy can be a lot to handle on your own, American Adoptions makes sure you have the support you need, no matter when you need it.

If you are experiencing an unplanned pregnancy and considering adoption as the best path for you and your baby, call 1-800-ADOPTION or fill out this online form. Adoption specialists will be more than happy to answer any questions you may have, walk you through the adoption process in Florida, and even begin your adoption planning if you determine it's the right choice.

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