In Texas, a Petition for Adoption must be filed to adopt a grandchild. According to retired juvenile court judge Ramona Freeman John, the adoption will not be considered unless the child has no living parents or a judge has terminated the parent-child relationship with all living parents. Grandparents are allowed to file a petition to terminate the parent-child relationship simultaneously with the petition for adoption. Grandparents must then prove it is in their best interest to be appointed possessory conservator of the child and not another family member or foster parent.
Limited Rights in Informal Adoption
Informal adoption is when the biological parent leaves the child with the grandparent without legal guardianship. Texas limits the ability of grandparents to seek school enrollment and medical care of grandchildren they are raising but lack legal guardianship of. They can, however, seek legal guardianship, called conservatorship in Texas, and pursue formal adoption.
Fostering and Guardianship
If a parent is found unfit, the court then has legal custody of the child, but the grandparents gain physical custody of the child. This is called managing conservatorship in Texas. Under guardianship, the grandparents gain full legal rights to raise the child; however, parental rights are not terminated. Parents can seek to prove themselves fit to regain custody of the child.
Adoption From Unfit Parents
According to child custody experts Dr. Barry Bricklin and Dr. Gail Elliot, grandparents can be awarded conservatorship (custody) independent of any visitation rights. Adoption by grandparents can only occur if both parents' rights have been terminated. This can occur if the biological parents consent to the adoption. The grandparents can adopt the child if the parents have already lost their parental rights, such as termination of parental rights by the family courts. Adoption requires termination of the parents' rights, however. This involves proving that the child's parents are both unfit to raise the child as well as proving that the grandparents are the best option in raising the child. In the case of severe mental illness or retardation of the biological parent, the parent is assumed unfit. Grandparents can lose their right to adopt the child if they do not file their petition to adopt the child before the parental rights are terminated.
Grandparent Adoption Upon Death of the Parent
If both of the child's parents are deceased, the child will be placed in the custody of whomever is listed in the parents' wills or in the custody of someone else, based upon the court's determination of the child's best interests. Grandparents can seek to adopt their grandchildren upon the death of the child's parents. However, they may be considered a secondary choice if younger family members seek to adopt the child.
Adoption by Nonrelatives
If the child is adopted by someone who is not a relative, grandparents lose the right to seek custody. In Texas, if the child is adopted by a nonrelative, the grandparents also lose visitation, unless the adoption decree specifically provides for visitation of relatives.
References
- "Grandparents' Rights"; Traci Truly; 2005
- "To Grandmother's House We Go and Stay"; Carole B. Cox; 1999
- "Grandparents as Parents"; Sylvie De Toledo, Deborah Edler Brown; 1995
- "Grandparents Rights Manual: 2007"; Dr. Barry Bricklin, Dr. Gail Elliot; 2007
- "Children and the Law in Texas"; Ramona Freeman John; 1999
