Is a Foster Carer a Legal Guardian?
Fostering and guardianship exist in the UK to help vulnerable children and young people in the UK find stability in loving homes. However, the two are different legally.
At first glance, it is easy to assume that fostering is similar to guardianship. They both involve the provision of shelter and stability to vulnerable children and young people. However, a foster carer does not have legal guardianship over a foster child.
What is the difference between fostering and guardianship?
While both fostering and guardianship are responsible for a child’s development, guardianship is more permanent. A Guardian has full legal rights over the child. However, it is important to note that full legal rights of guardianship can be reversed by the courts if it is believed that it is in the best interest of the child.
Do foster carers have legal guardianship?
No, foster carers don’t have legal guardianship over foster children. However, if you want to become a legal guardian of a foster child, you can apply for a Special Guardianship Order (SGO).
What is a special guardian?
This is an application made when a child is unable to live with birth parents but at the same time is not fit for adoption. Special guardianship grants you legal rights to look after the child until they reach 18 years.
This special guardianship allows you to make the day-to-day decisions for the child like medical and schooling. You don’t need to involve birth parents in these day-to-day decisions.
However, you will need the consent of everyone with parental responsibility if you want to make serious decisions about the child. For example;
- Changing their names
- Putting the child up for adoption
- Moving with the child abroad for more than 3 months
- Subjecting a child to surgery that is not health-related; for example, cosmetic surgery, circumcision, or sterilisation.
Do you want to apply for guardianship?
Do you want to apply for guardianship over a foster child? You can contact us today to help you with the process.
