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If I Am A Legal Guardian, Do I Need To Adopt the Child?


After being awarded legal guardianship of a child, you may be concerned about what it all entails. This new legal link to a child can significantly change your lifestyle, especially if you become a legal guardian without notice. Our adoption attorneys share if legal guardianship means you are obligated to adopt the child of which you are the conservator.

What Is Legal Guardianship?

Legal guardianship of a minor child— often referred to as permanent managing conservatorship (PMC) in Texas — provides the legal responsibility for the care and wellbeing of the child. The courts can establish a legal guardian following the loss of parental rights or through a will if the child's parents have passed away. Following the establishment of legal guardianship, the child will be in that individual’s care until they turn 18 years old.

Am I Obligated to Adopt?

Despite being legally responsible for the child, you are not legally obligated to adopt the child. However, some legal guardians may wish to pursue adoption following the establishment of legal guardianship to preserve their legal relationship with the child and become the child's legal parent.

Adoption can provide some benefits to the family, including:

  • The child has a stable home without the risk of reassignment to a different permanent managing conservator,
  • The child can legally inherit assets from the adoptive parent,
  • The child may be eligible for tuition assistance at a Texas college or university, and
  • The child is eligible for health insurance through Medicaid.

While as a PMC, you are not legally obligated to adopt the child, you may find that there are personal benefits to adoption. It may help strengthen your relationship with the child as you demonstrate that you are there for them permanently.

Woodlands Adoption Attorneys

If you decide that you wish to adopt the child of whom you are a legal guardian, our adoption attorneys are prepared to guide you through the process. We can help you complete and file the adoption paperwork and prepare you for your court date, where the judge will review your application. With our team of adoption attorneys at Parchman Law Group P.L.L.C., you and your child can legally become a family.

Are you considering adopting a child of whom you are a legal guardian? Schedule a complimentary consultation with our adoption team by calling (713) 364-0777 or contacting us online. We are waiting for your call!