Legal Options for Relative Caregivers: Adoption

Options for Relative Caregivers

1. Adoption (in all states)
2. Guardianship (in all states)
3. Legal Custody (in all states)
4. Open Adoption with Agreements (in some states)
5. De Facto Custodian (in some states)
6. Permanent Guardianship (in some states)
7. Standby Guardianship (in some states)
8. Subsidized Guardianship (in some states)
9. Medical & Educational Consent (in some states)

One of the most critical differences between adoption and other permanency options is that adoption severs all of the birth parents' rights and responsibilities. The relative caregiver becomes the parent in the eyes of the law. This fact makes access to services on behalf of the child much easier. It also means that the birth parents cannot simply reappear one day and haul the caregiver to court to reclaim parental rights and responsibilities. Disadvantages include the potential loss of some forms of financial assistance. For example, if the caregiver has been receiving a Temporary Assistance for Needy Families (TANF) or "child-only" grant on behalf of the child, that payment will cease because the caregiver has become the "parent" and cannot qualify for this type of grant.

Although some forms of financial assistance may cease, special needs children who are adopted out of foster care may be eligible for a subsidy under the Title IV-E of the Social Security Act Adoption Assistance Program or under a state adoption subsidy program. In order to receive such a subsidy, the child must have special needs, but the definition of that term differs among the states. In some states, sibling groups and minority children may qualify as special needs. In other states, some type of physical or mental disability may be required. When considering adoption and a subsidy is needed, it is important that a caregiver consult his or her state's particular requirements. For example, in some states, adoption subsidies are lower than foster care payments and prospective adoptive parents should consider whether in their state they would receive less financial assistance. For information about adoption subsidies in your state, go to http://www.nacac.org/subsidy_stateprofiles.html.

Source: Generations United, one of the premier Web resources for grandparents and other relative caregivers. Copyright 2002, Generations United. Reprinted with permission of Generations United http://www.gu.org

© 2002, Generations United