As a grandparent, your child placing your grandchild up for adoption is an emotionally charged issue froth with legal uncertainties. Your right to a relationship with your grandchild depends on the type of adoption that takes place and the state you live in.
Open Adoption
In an open adoption, the birthparents and adoptive parents agree to an amount of contact with one another. The level of contact can range from exchanges of cards and letters to actual visitation. Birth grandparents can be included in these arrangements. However, it is important to note that the American Bar Association states that open adoption agreements are not legally binding in most states, and in those states, that do recognize open adoption agreements, such as California, only the stipulations specifically outlined and agreed to in writing when the adoption is finalized are enforceable.
In-Family Adoption
If your grandchild's adoption takes place within your family, the rights you obtain are dependent upon the relationship you have with the adoptive parents and the type of adoption that takes place. If the adoption is open, you can arrange for your grandchild to know you as her biological grandparent. However, if the adoption is a closed one, be prepared for the nature of your relationship to change. For instance, if your brother adopts your grandchild, her familial relationship to you will be that of an aunt instead of a grandmother.
Stepparent Adoption
The adoption of your grandchild by his stepparent creates a situation where, in all likelihood, your grandchild already has an established relationship with you. According to the American Bar Association, as of 2010, if your child terminates her parental rights to allow for a stepparent adoption, the following states have statutes in place that address your right to maintain visitation with your grandchild: Alabama, Alaska, Georgia, Kansas, Kentucky, Louisiana, Minnesota, Nevada, New Mexico, Ohio, Oregon, Utah and Vermont. AARP cautions that even in states that allow for grandparent visitation, most require that you prove that maintaining a relationship with your grandchild is in his best interests or that not doing so would do him harm.
Closed Adoption
The Adoption Information website defines a closed adoption as one where there is no information shared between the birth and adoptive parents. From this definition, you can see that if your child chooses a closed adoption for your grandchild, it will sever all ties and rights that you have.
Considerations
If your child is considering placing his child up for adoption, the best time for you to voice your opinions and seek your rights as a grandparent is before the adoption takes place. If you desire an ongoing relationship with your grandchild, weigh your options, including your right to seek custody of or adopt your grandchild yourself. Proceed cautiously, however, because going against your child's wishes could have detrimental effects on your relationship. Also, bear in mind that attempting to prevent the adoption or seeking to adopt your grandchild yourself is a costly and time-consuming process.
