Adoption vs. Guardianship for Foster Kids in Washington: Why “Forever” Matters (and What’s Changed Recently)

If you’re caring for a foster child in Washington—whether you’re a foster parent, relative caregiver, or “kinship” placement—you may be approaching a life-changing crossroads: adoption or guardianship.

Both can create stability. Both can be “permanency” outcomes in the dependency system. But they are not the same—especially when you look at long-term legal security, daily decision-making authority, and the child’s sense of “forever.”

At the same time, Washington has made recent policy and rule changes that increase attention on guardianship—including updates to the Guardianship Assistance Program (GAP/EGAP) rules and subsidy processes. Those changes can make guardianship feel like the default path for some families, even when adoption may better fit the goal of lifelong permanency.

This post explains:

• The practical differences between adoption vs. guardianship in Washington foster care

• Why adoption is often the stronger “forever” option

• What’s recently changed in Washington around guardianship support—and why you’re hearing more about it

• How our office can help you navigate the process from start to finish

Important note: This is general information, not legal advice. Every dependency/permanency case is different. If you’re weighing options, talk with an attorney about the facts of your case.

The permanency question: What outcome gives the child a true “forever family”?

Washington’s dependency law requires a permanency plan of care that identifies a primary goal—commonly reunification, adoption, or guardianship, among other options.

So adoption and guardianship are both recognized permanency outcomes. The real question is:

Which one creates the most durable legal and emotional stability for this child, in this family, for the long haul?

Guardianship in Washington foster care: stability, but not the same as parenthood

Washington has a dependency guardianship pathway under Chapter 13.36 RCW. Guardianship can be the right solution in some situations—especially when adoption is not possible or not in the child’s best interests.

But it’s important to understand what guardianship is and isn’t.

What guardianship generally means

Guardianship gives a caregiver legal authority to care for the child, often with court oversight and a legal framework that can continue until the child turns 18.

Washington’s guardianship statutes emphasize that a guardian is committing to care for the child until adulthood, and guardianship can be established when the court finds it is in the child’s best interests to establish guardianship rather than terminate the parent-child relationship and proceed with adoption.

The “future court risk” factor

A key difference: guardianship can be challenged or terminated. Washington law allows a party to request termination by petition and affidavit alleging a “substantial change” and that termination is necessary to serve the child’s best interests, with specific legal standards governing when a court may terminate.

That doesn’t mean termination is easy, automatic, or common in every case—but it does mean guardianship can carry more legal uncertainty over time compared to adoption.

Adoption in Washington: full legal parenthood and long-term finality

Adoption is different because it creates the full, permanent legal parent-child relationship.

Washington law describes the effect of an adoption decree in sweeping terms: the adoptive parent becomes the child’s parent “for all legal incidents,” and the child gains rights and privileges—including inheritance rights—like a natural child.

Why adoption often provides stronger permanency

In plain language, adoption is usually the gold standard for legal permanence because it typically means:

• Full parental rights and responsibilities (you’re the child’s legal parent)

• More stability and finality (fewer ongoing legal vulnerabilities than guardianship)

• Clear authority for daily life (medical, educational, travel, and other decisions)

• Long-term family security that better matches what most people mean by “forever”

Washington’s adoption statute also reflects a legislative intent toward finality and stable homes for adoptive placements.

“But what about connection to birth family?” Adoption doesn’t have to mean “no contact”

One reason some caregivers are encouraged toward guardianship is the belief that adoption means cutting off meaningful relationships.

Washington law explicitly allows open adoption agreements—agreements about communication or contact between adopted children, adoptive parents, siblings, and birth parents—when approved in a court order and consistent with the child’s best interests.

In other words: adoption can still include connection when it’s healthy and appropriate—without sacrificing the permanence and legal clarity that adoption provides.

What’s changed in Washington recently—and why guardianship is getting more attention

If you’ve felt like the system is talking more about guardianship lately, you’re not imagining things. Several developments have increased focus on guardianship support—especially around subsidies and program rules.

1) Permanency planning still includes adoption

First, a key baseline: Washington permanency law still lists adoption and guardianship among the primary permanency outcomes.

So it’s not that adoption disappeared from the permanency framework.

2) Guardianship subsidy eligibility expanded (including beyond relatives)

Washington legislation in the 2023–24 session addressed supporting guardianships and voluntary placement with nonrelative kin (HB 1278 / companion SB 5124), including expansions tied to guardianship assistance/subsidies.

For many families, financial support matters, and subsidy pathways can influence which permanency option feels feasible.

3) New/updated GAP/EGAP rules were adopted in 2024

Washington adopted/updated Chapter 110-85 WAC governing the Guardianship Assistance Program (GAP) and Extended GAP (EGAP), with an update shown as of 5/15/2024 on the state’s WAC site.

A rule-filing document describing these rules explains they were needed to establish and clarify eligibility, application standards, and processes so subsidy payments comply with applicable guidelines.

4) DCYF changed aspects of the GAP process in 2025 (centralization and subsidy determination)

DCYF communications describe changes beginning in 2025—including centralizing aspects of the subsidy process and adjusting how subsidy amounts are determined—citing budget changes and the adoption of the new WAC guidelines.

Why this matters for families: When guardianship support becomes more structured and visible, guardianship can be discussed more frequently as a practical permanency route—especially in harder cases where termination of parental rights (often required for adoption) is complex, contested, or not aligned with the case plan.

The key takeaway

Recent changes have increased the spotlight on guardianship supports. But the “best” permanency option isn’t just about the short-term process or subsidy logistics—it’s about the child’s long-term legal and emotional security.

And that’s where adoption often wins.

Why adoption is often better than guardianship for foster kids

Every case is unique, but here are the most common reasons caregivers choose adoption when it’s available and appropriate:

1) Permanence that matches the child’s needs

Many foster children have experienced repeated disruptions. Adoption offers the clearest legal statement: you are my parent, forever.

2) Reduced risk of future litigation and uncertainty

Guardianship can be re-litigated; adoption is designed to provide stable, final placement and full legal parenthood.

3) Clear day-to-day authority

School issues. Medical decisions. Therapy consent. Travel. Activities. Emergencies.
Adoption reduces “gray area” friction and the need to return to court for clarity.

4) Connection can still be built in (when healthy)

Open adoption agreements allow the possibility of structured contact—without trading away permanency.

How our office helps (so you don’t have to carry the legal load alone)

Permanency cases are emotional and complex. The legal steps can feel overwhelming—especially when you’re already parenting through trauma, appointments, school supports, and uncertainty.

Our office can help you:

• Understand your options (adoption vs. guardianship vs. other permanency outcomes)

• Build a clear timeline and checklist

• Prepare and file the required court documents

• Coordinate with the broader team (social worker, CASA, providers, and others as appropriate)

• Navigate open adoption agreements when contact is in the child’s best interests

If you’re considering permanency in Washington foster care, we can help you move from “unsure” to a confident plan.

Contact: frontdesk@earlandedwards.com or call (509)765-1708