Written By: Trevor Addie-Carter
Another question that family law attorneys occasionally get asked is whether a prospective client needs to file an adoption case or a guardianship case. Like many client questions, the answer is “it depends.” While adoption and guardianship cases have some similarities, they are different cases with different procedures and end goals. Here are some of the key differences between adoptions and guardianships:
- Purpose – Adoption and guardianship have legally distinct purposes which generally do not overlap with each other. In an adoption case, the Petitioner (person asking for the Court Order) is asking the Court to allow that person to become the parent of the Adoptee (person to be adopted). In a guardianship case, the Petitioner is asking that the Court determine whether the subject of the guardianship case is a minor or a disabled person who needs a guardian to manage their affairs.
- Relief Requested – In an adoption case, the Petitioner is asking the Court to grant a Court Order that has the legal effect of recognizing a legal parent-child relationship between the Petitioner and the Adoptee. Oftentimes, this will result in the parental rights of at least one of the Adoptee’s natural parents being terminated. The end result is the establishment of a legal relationship whereby the Petitioner assumes all parental rights and obligations over the Adoptee. In Maryland, both children and adults can be adopted.
In a guardianship case, the Petitioner is asking the Court to grant a Court Order appointing one or more people to manage another person’s personal and medical affairs (Guardian of the Person), their financial affairs (Guardian of the Property), or both (Guardian of the Person and Property). Unlike in an adoption case, a guardianship case does not establish a legal parent-child relationship, nor does the person appointed guardian receive any parental rights. Rather, the guardian is tasked with managing the specific affairs designated in the Guardianship Order. Further, the courts are generally required to determine that there is no less restrictive alternative to guardianship before appointing a guardian.
- Evidence Required – To the extent applicable to each case, all Petitions for Adoption must contain the information and evidence required in a single procedural rule. This typically includes information about the Petitioner’s family situation, employment situation, income, and the Petitioner’s and Adoptee’s health. Common documents that are included with every adoption petition include a certified copy of the Adoptee’s birth certificate, a certified copy of the marriage certificate for each married Petitioner, certified copies of all Judgments of Divorce of each Petitioner who has been divorced, and certified copies of any orders concerning temporary custody or guardianship of the Adoptee.
Petitions for Guardianship of the Person and for Guardianship of the Property each have their own set of procedural rules that govern the Petition and documents that must be filed with the Court. Typically, these documents include two signed and verified certificates of examining or evaluating medical professionals and written parental consent (for cases involving minor). The Petitions must also generally include specific information about the minor or allegedly disabled person, specific information about the Petitioner, and specific information about the minor or allegedly disabled person’s family members.
Adoptions and guardianships are complex legal proceedings with very specific procedures, evidence, and end goals. If you have questions or wish to discuss whether adoption or guardianship is right for your family situation, please call our office at (301)-663-8101.
Horman Nichols, LLC 