Adoption or Guardianship? What’s the Difference?

Adoption and guardianship offer children and parents two similar paths to permanency. Both options provide permanent caregivers with many of the same legal rights as birth parents. However, adoption is a lifetime relationship that gives the child all of the legal benefits of a child born into the family. While guardianship builds family relationships that can last a lifetime, the legal relationship established by a juvenile court guardianship ends when the child turns 18 and is considered an adult. This is one reason why adoption is considered to be a more permanent lifetime commitment than guardianship.

Another important difference between these two permanency options concerns the birth parents’ rights. For a child to be adopted, the rights of the birth parents must be legally terminated, voluntarily surrendered or the birth parents must have signed a consent to the adoption. With guardianship, the birth parents’ rights do not have to be legally terminated.

With both adoption and guardianship, the permanent caregivers should realize that the child’s birth parents and siblings may continue to be an important part of the child’s life. Depending on the best interests of the child, birth family connections can be maintained with ongoing contacts after an adoption or guardianship.

BASICS FOR FAMILY RELATIVE AND STEP PARENT ADOPTIONS IN MICHIGAN

Thinking about relative or step parent adoption? Here are the basics you need to know. Contact a family law attorney who regularly practices in adoption law for details --

FILING & FEES:

Once your case has been assigned, a caseworker will contact you.

Filing fees are due at the time the petition is filed.

Michigan Birth

Including new birth certificate $210

Without new birth certificate $160

Out-of-State Birth $160

Birth certificate fees will differ depending on state requirements

Foreign Birth $210

Home Study $250

Applicable for Stepparent and Relative Adoptions only

This is a non-refundable charge per family, not per child. If twins are being adopted, for example, the charge is $250 not $500.

Fingerprints

Additional cost for Relative and Stepparent Adoptions: The adopting petitioner(s) will be sent for fingerprinting. The caseworker will provide you with the form necessary to complete the process. The fee is approximately $60.

FREQUENT QUESTIONS

How can my spouse adopt my child?

Your spouse can adopt if you are married and if the non-custodial birth parent of the child consents to the adoption or has their parental rights terminated.

How can I adopt my grandchild/nephew?

You can adopt your relatives through the adoption services department. The court staff will complete your "home study" and assist you with the process if you are a relative as defined in the adoption code.

Can I adopt a person who is over the age of 18?

Yes, an adult adoption can be completed through the adoption services department. 

How can I obtain a Michigan Birth Certificate or Delayed Registration of Foreign Birth for my child who was adopted in a foreign country?

You can file the paperwork to create a Delayed Registration of Foreign Birth through adoption services. 

How can I obtain my original birth certificate?

The adoption code allows you to obtain your original birth certificate if your former (birth) parents' rights were terminated prior to May 28, 1945, or after September 12, 1980.

How can I find information about my birth parents?

If there was an agency involved in your adoption, please contact them first.  The adoption codes allow an adoptive parent, adult adoptee, former parent or adult former sibling to request a Confidential Intermediary search be conducted.  Please contact adoption services for more information. 

How can I obtain my adoption records, since I need them to get a passport?

If born in Michigan, you will need to contact Vital Records in Lansing to request a new copy of your birth certificate with the delayed date removed. Their office can be contacted by phone at (517) 335-8660.

The court can also provide a verification letter, please contact adoption services on how to obtain this. 

How can I obtain an adoption decree for social security?

Adoption services can provide you with a verification letter.