Pro's and con's for kinship guardianship vs. adoption?

Renee King

My parents have kinship guardianship (aunt and uncle) over three children which they are in the process of adopting. They have had the children for over 4 years and the parents have never, I mean never tried to straighten up their lives enough to regain custody of the children, thus kinship guardianship was granted.

What most people do not realize is that if you "kin" and have custody of the children you are not given the financial support as if you are a foster parent. The support in my state was cut in half and after 12 months ended. Thus my parents had the burden of financially raising the children. My dad is to the point in his life where he is ready to retire. They have made the decision to adopt the children so if something should happen to them healthwise the state can not just come in and take the child. The placement of the child will be based on their will. Also, the children will qualify to collect SS benefits through my father and my mother has set up a fund for this money to go into so the kids will have college money and a trustfund set up if anything should happen to my parents.

The second reason they have decided to move from kinship care to adoption is for the safety and security of the children. Because it is "family" whenever the children see their biological grandma/mom/or dad which is usually 1 time a year they always tell the kids how one day they can come live with them, and honestly, they kids do not want this. They are always so terrified that someone will take them from my parents and that they do not want to go back. So to make them feel more secure my parents are going to adopt them so this will not happen. Also after 4 years, they are a family.

MamaKate

As I'm sure you will have many comments pertaining to the benefits of adoption, I will speak for guardianship.

Kinship placements do not give financial benefits for maintaining a child, but let's hope that is not why someone would choose to care for a kid. Kinship placement DOES allow child support. Parents can be ordered to pay child support just as if it were one parent paying the other.

Guardianship also provides the opportunity for visitation with the child's first family should that be an option and to the child's benefit. Adoption does not allow for this unless it is an "open" adoption - which is not enforcable and leaves no room for the courts to intervene should someone fail their obligation to the child.

Kinship allows the child to maintain inheritance rights from the parents & SSI benefits from the original parents. (People can always be added to a trust or will -not Social Security- so really it's a silly arguement for either to say inheritence.) You can put kids in a guardianship on insurance but the parents can be required to cover this as well.

Guardianship does not negate or legally sever the child's relationships or falsify their records in any way. Adoption renders the child and its parents legal strangers with no rights to anything including original birth records.

Guardianship, in my opinion shows respect for the actual nature of the relationship rather than treat it as ownership over the child as adoption tends to do. I also feel that guardianship promotes a more honest approch to the situation and involves less social stigma for the child.
It is not for everyone, but I think it is a more noble way to handle raising a child who is not your own.
JMO.

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