What differences exist between adoption and foster care? 2026

Currently, the concept of family has evolved greatly with respect to the traditional vision that has been developing. Now there are families with two fathers, with two mothers or families in which all or part of the children are adopted. There are also families in which children arrive through a foster program. There are even families in which the children have arrived through surrogacy, also called surrogacy. But, for legal purposes, there are still many doubts about the differences between the first two: adoption and foster care.

What does it mean to welcome?

It must be clear from the beginning that fostering is not, by any means, a synonym for adopting. It refers to "a protection measure by which custody of a minor is granted to a person and family member who assumes all the powers established in article 173 of the Civil Code, when the permanence of the minor in the family home is impossible", as stated by ABA Lawyers. This procedure is carried out with the objective of giving the child a family home environment to promote his psychological and personal development with hardly any alterations.

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It should be noted that there are two types of foster care: extended family fostering and selected family fostering. The first refers to fostering within the child's own family (something logical when the minor must be separated from his parents). The second refers to foster care outside the family due to the impossibility of doing so within it.

When a family decides to foster, it is mandatory that they undergo extensive training to acquire the necessary knowledge.

In some cases, the minor may even continue to maintain contact with their family of origin and this is something that the host family must take into account.

Furthermore, in some cases, foster care may be permanent. In this case, the difference between the two would only be that in the case of foster care, the family would have the care and custody of the minor, while the administration of their assets, among others, would continue to be in charge of the administration.

What consequences does adoption have?

ABA Abogadas states that it adopts “the act through which an adult takes care of another person's child, with the aim of establishing a parent-child relationship between them.” In Spain adoption is regulated by law. The last modification of said law regulated, among other things, open adoption: an adoption model in which the minor can continue to maintain contact with their biological family if they want and are able to do so. In addition, it also regulates the child's right to know about his or her past and origin.

There is, in turn, the pre-adoptive foster care method. This is the first phase of adoption. In reality, it is the period of coexistence between the minor who is going to be adopted and the future parents. Its objective is to promote the adaptation of both parties.

What differences exist between fostering and adopting?

The first and most basic: adopting grants parental authority and legal responsibility of the minor, while fostering does not: guardianship remains with the administration.

In the case of pre-adoptive fostering, custody would be with the relative or adoption family, while guardianship would also continue to be held by the administration.