When a baby is born, the parent of that child has the immediate authority to make decisions on behalf of that child. Formal adoption of a child will also grant the same parental ability. However, unfortunate circumstances sometimes require the child to be cared for by someone who is not a biological parent, such as the death of both parents. In these cases, a guardian is appointed to care for and make parental decisions on the child’s behalf.

What Is a Guardian?

When both parents are unable to care for their child, a guardian will be appointed to step into the parental role. A guardian does not have to be related to the child, but the guardian must be 18 years or older and a resident of the United States. A potential guardian must not have any legal disability preventing the ability to care for the child or a felony conviction that would endanger the child. In most cases, the circuit court appoints a guardian. The difference between adoption and guardianship is that guardianship ends when the child turns 18 years old.

Legal Steps for Guardianship

If you are trying to become a temporary or permanent guardian, a petition must be filed with the court. A Guardian ad Litem will be appointed by the Court to investigate whether the child requires a guardian and whether you are an appropriate person to appoint as guardian. Then, a hearing date will be set, and instructions to notify the parents and the family of the child will be given. During the hearing, the Guardian ad Litem will speak to the judge assigned to your case, and you and any objectors to the guardianship will be heard as well. A judge will order the guardianship after a hearing under the following circumstances:

When parents face an unplanned pregnancy or a pregnancy during divorce, they have three options: parent, terminate the pregnancy, or place the child up for adoption. Choosing the latter option, adoption, does not mean that a parent is “giving up;” it means they are making the best possible decision for everyone involved in their situation at that time. This decision belongs to the biological parents, particularly the mother, and no one else. However, even a decision made to place a child up for adoption remains unenforceable unless certain specific prerequisites are met.

A Biological Parent’s Rights Regarding Adoption at the Time of Birth

When a situation, such as a pending annulment or divorce, changes the dynamic of a family, a mother sometimes determines she does not want to be a single mother, or that it is not the appropriate time for her to raise a child. The birth mother has all of the rights and responsibilities as a parent to her child until she officially relinquishes her rights.