Child guardianship in Lithuania: what should relatives and prospective guardians know?
In Lithuania, child guardianship can be either temporary or permanent. Temporary guardianship is established when parents are temporarily unable to care for the child—due to health issues, addiction, or social problems, for example. Permanent guardianship is granted when it is evident that the biological family is unable to ensure the child’s well-being in the long term. In both cases, guardianship is primarily related not to the personal rights of the guardian, but to the state’s duty to guarantee the child’s safety and right to grow up in a secure environment.
Family members or close individuals who wish to become a child’s guardian often assume that an “informal agreement” is enough—if the child is already living with them, institutional involvement is unnecessary. However, child guardianship in Lithuania is strictly regulated, and any transfer of caregiving responsibilities must occur in accordance with legal procedures.
It is important to note that priority is given to close relatives of the child—grandparents, adult siblings, uncles, and aunts. Nevertheless, this does not mean that any family member automatically becomes a guardian. Even a close relative must complete all mandatory guardianship assignment steps: apply through the municipality, attend training sessions, obtain a suitability assessment, and only then can the court appoint the person as the child’s guardian. This procedure applies both to kinship care and to guardianship of children in state care.
It is also crucial to understand that guardianship is not an alternative to adoption. A guardian is not considered a legal parent—guardianship, whether temporary or permanent, is a support mechanism to care for the child until they can return to their biological family or be adopted. A guardian does not become the child’s legal heir and does not have the authority to independently change the child’s place of residence or make other long-term decisions about the child’s future without approval from the relevant authorities.
This is further affirmed by the practice of the Supreme Court of Lithuania. For instance, in case No. e3K-3-182-916/2020, the court reviewed a situation in which a temporary guardian refused to cooperate with child protection services, prevented contact with biological relatives, and attempted to establish an “imaginary family” without any institutional oversight. The court emphasized that guardianship is a state-organized service for the child, with the state responsible for its quality, and the guardian acting as the service provider. This means guardians must cooperate with authorities, allow supervision of the guardianship arrangement, and help the child maintain relationships with biological family members, if such relationships are deemed beneficial.
Individuals who wish to become guardians must understand that their responsibility is not only emotional, but legal. A guardian commits to the child’s everyday care, education, healthcare, and psychological stability. In certain cases, financial support may be granted to the guardian, but the primary goal remains—safeguarding the best interests of the child.
It is equally important to understand that if guardianship is not being properly fulfilled, child protection services may initiate removal of the guardian. As highlighted by the Supreme Court, removing a child from a family or guardian is a last resort, used only when all other options have been exhausted. However, if the guardian fails to comply with legal obligations and can no longer ensure the child’s safety, the state will step in.
Therefore, for those seeking to become a guardian—whether of a relative or a child from institutional care—it is crucial to understand in advance that this is a legally defined and regulated process. It exists to ensure that every child can grow up in a safe and caring environment, even if their biological family is unable to provide it.
Have questions about child guardianship in Lithuania? Unsure where to begin or which documents you’ll need? Contact our family law team—we’ll guide you through these important steps with professionalism and care.
