As a grandparent facing a situation in which one of your grandchildren is being placed for adoption, you may wonder what rights, if any, you will maintain at the completion of the adoption proceedings. The rights that you maintain as a grandparent following the adoption of your grandchild depend on the specific circumstances surrounding the adoption proceeding and resulting court decree, according to FindLaw.
Types
Your rights as a grandparent depend, in part, upon what type of adoption is pursued. In closed adoptions, the birth family is eliminated from the life of the child, and you have no rights as a grandparent. In open adoption, if the judge and adoptive family approve, you maintain some rights as a grandparent. In a stepparent adoption, a grandparent can obtain visitation rights if included in the adoption order. If the child has a healthy, pre-existing relationship with the grandparent, the court is likely to permit that connection to continue through visitation.
Features
The underlying features of your rights as a grandparent include establishing visitation with your grandchild following an adoption. The court that approves the adoption can include specific time for grandparent visitation. Alternatively, the adoptive parents can work out a visitation schedule with you.
Benefits
The benefits associated with grandparents' rights after an adoption include allowing both the grandparent and the grandchild the ability to maintain a relationship. The theory is that such a relationship assists in ensuring that a child put up for adoption maintains the emotional support of an extended family.
Misconceptions
A common misconception surrounding grandparents' rights in an adoption case is that any rights a grandparent possessed terminated upon the finalization of an adoption. The fact is that, in certain circumstances, a grandparent exercises rights following an adoption, specifically to visitation with the child. This occurs most commonly in open and stepparent adoptions. Typically, the adoptive parents agree to this type of contact. However, if a court deems an ongoing relationship with a grandparent in the child's best interests, visitation is permitted even over an objection of an adoptive parent.
Expert Assistance
Establishing and enforcing your rights as a grandparent following the adoption of your grandchild involves complicated laws and court procedures. Therefore, if you desire to determine what rights you possess following the adoption of one of your grandchildren, seriously consider hiring a lawyer. The American Bar Association maintains resources to aid you in the process of finding a suitable attorney.
