Grandparents raising grandchildren - what are the pros and cons re adoption vs. legal guardianship?

Question

If you had a choice, why you chose one over the other.

Answer 1

There are many reasons to maintain the child under guardianship rather than adopting.  The child may be eligible for health benefits and other social program benefits that they would not be eligible for under adoption.  If you are in a position to cover the child's health care and do not need any assistance financially or otherwise, then you might consider adoption.  I would decide which is better for the child and if you are in a position to adopt, as the child their opinion.  You might be surprised by the answer.  Some children may want to keep their parents as their parents no matter what.  Others may seek the security of a legal adoption knowing that no matter what they have you to count on forever.

Answer 2

The guardianship can always be contested in court and adoption is more solid.  We are dealing with that currently.  We have guardianship over my husbands stepdaughter from a previous marriage.  Adoption puts you on the birth certificate and makes it easier dealing with the school system.  The parents would also have a hard time taking them away from you if they tried at a later date.

Answer 3

I dont suppose there is anything wrong with this at all. I would prefer my mother and father to adopt my kids if anything happend to me. I think it is probably better to keep it within the family, so that the kids know who they are with. Rather that, then put into foster care.

Answer 4

If I had the grandchildren because the parent was a drug addict or otherwise, pretty much unfit to raise them, I would adopt.  It eliminates that possibility that they could take them back to an unstable life.  In addition, if you are retired, the grandchildren that are adopted are eligible for a stipend from SS based on your SS.  However, health insurance is a problem.

Answer 5

adoption is always more permanent for a child. it gives them a sense of belonging. But sometimes its harder for the children and other family members to accept this and if the parents are still alive its sometimes is best for guardianship. Guardianship is a much easier process. In most areas to adopt even grandchildren you must go thru the whole process as if they were strangers (homestudy, interviews, background checks, references, financial statements) But guardianship doesn't require all that and you don't need the parents rights terminated.  That would be a hard desision to make. That would probably depend on the situation at the time.

Answer 6

I don't think you were intending to put the kids in foster care with this one.  I think legal guardianship is better if the parents are still alive so they can get benefits from them and you can still give them back if they get their acts together again.

If you adopt, then you would not get the social security benefit (the parents) if they die before you.

Answer 7

My parents raised my son.  He is now almost 20 (with a son of his own on the way), married and in the Air Force.  He knew from Day One that I was his real Mom but my parents raised him.  My boyfriend took off and never saw him.  Ever.  Period.  My parents opted to have legal custody of him only because the lawyers told them that if something ever happened to them it would be difficult for me to get him back.  No, I was never on drugs, never in jail.  I was just young and got pregnant and the real father didn't stick around.  My Mom BEGGED me to leave my son with her.  I had younger siblings still at home at the time.  My Mom was a stay-at-home Mom and I didn't want to be on welfare or have my son in daycare all the time.  With my parents he would have both Mom and Dad, a big yard and everything provided for him.  Do I regret it?  Yes, a lot of the time.  But I know to this day that I did what was right for him.  I thought of him and not myself.  My son and I rarely speak about his real father, by his own choice (I've tried off and on ... I think it bothers ME more than it does him).  But I am sure that he knows I love him more than anything on this earth.  I've been through counseling trying to come to terms with leaving him ... but my heart never did.  I saw him a lot when he was really little and I eventually married a wonderful man.  He always remained with my parents though, even though my husband wanted to go to court to get him back.  I did not want to uproot him from my parents, his school and his friends.  I'm not like that.  I still would have loved to have had everyday life with him but it wasn't meant to be.  I never had other children.  I pray to God daily that I will be able to see my grandson on a regular basis .. but it will be tough with my son involved in the military life.  I am extremely proud of him!  My situation may be different from others, but I would say legal guardianship for a grandparent.  You never know what your situation will be years down the road. . .

Answer 8

Adoption is a sign to a child that I want  you with me forever.  This is what children need.  Security.  A feeling of being a part of something permanent.  If the children's parents are not providing that-then I have seen first hand the horrible detriment that it causes for a child's self esteem. It also is never closed.  Parents come back and threaten to take the children just when the children need security the most.  Just because you adopt your grandchildren it does not mean that they cannot go and be with your child if your child ever really does what they need to do to make it a safe loving environment for the children.  You need to keep the children safe.  You are a good grandparent for asking.  Just remember, adopting does not mean something bad for  your child--------it is something good for your grandchild who needs you now.

Answer 9

For many of the reasons stated above...I can't add much

Legal guardianship still gives you full parental rights, full decision making authority in all matters of health care decisions, school matters, etc.  You are the child's legal "parent" but just not on the birth certificate and the child's name does not change.

If there's going to ever be an opportunity left open for the child's parents, either one of them, to take custody of their child (which, should always be an option based on the safety of the child) then guardianship should be the route, most definitely.