Can biological grandparents contest adoption?
Find answers to your legal question.
Can biological grandparents contest adoption?
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if both biological parents agree to give their child up for adoption can a biological grandparent contest the adoption?
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anastasia beaverhausen-the real1
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ha! i wish. then i would have been kept in my original family, where i was meant to be. |
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Cynthia
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They can contest it all they want.. but they don't have any legal say unless they were to adopt the child. |
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Sly
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It appears that grandparents have limited legal standing, if any at all. However, it is by people fighting in court that legal standing is obtained. If you are interested in possibly gaining custody of your grandchild, there are legal precedents in some states. I would make an appoitment with a Family Law Attorney in your area and investigate your options. |
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Mom to Foster Children
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If it's a private adoption then no, the grandparents have no say so. If the child is a ward of the state and the attorneys are pressing for a termination of parental rights then it's up to the county to find any and all relatives who can foster / adopt the child. Meaning they would have to go through the same process - homestudy / background checks...etc. |
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BeautyBlitz
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absolutely not. unless the grandparents are applying for custody they have no say in who raises the child and who doesn't. sorry. |
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RunAmuk4Fun
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You could try, but it depends upon where you live. Some states have limited grandparent rights and others don't have any at all. If you're very serious, make an appt with a lawyer and find out. |
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G-gal
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Their wishes would not override those of the parents. |
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Bird
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If the parents have arranged for a private adoption, then the grandparents have no legal rights. If the parents have given the child up to the state, the grandparents can petition the courts to get custody. The grandparents can also request to have visitation with the child after it has been adopted. But unless the other party has been proven unfit, the court will not remove the child from the adopted parents home. |
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grapesgum
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It depends on the laws where you live. In many states in the US, grandparents, both on the biological mother's and biological father's side of the family, have legal rights related to their grandchild even if the child is being placed for adoption. These rights may include more than just visitation. If the mother is a minor or the grandparent has been the primary caregiver to the child, the grandparent may have adoption rights and rights regarding notification of adoption.
I suggest that you contact a lawyer in your state who is experienced in adoption. |
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Crucio
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They can try but it wouldn’t get them anywhere. It’s the biological parents who have to agree to an adoption, it’s not up to any other family member. They could offer to adopt the child however again the bioparents would have to be ok with that. |
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Rowan
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no, they only get a say if they are trying to get custody. |
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collegegradsingle
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They can go to the Courts and seek legal remedies, however, they have very limited rights. If they are concerned for the child, why don't they adopt? Are they capable? That might be an option...however, if both birth father and birth mother are willing to surrender their parental rights then the grandparents often do not have a say. |
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♥♥Rita♥♥
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I think they would have to have a lawyer and file a Motion to Intervene. If the judge granted that motion then they would be a party to the adoption proceedings, if not, then they would not be privy to what is going on.
So yes, they can contest all they want......will they get far is another question.
I may be way off base here but I believe that is what would have to happen.
Edit:
I wonder why this answer was thumbed? lol.. This is what has happened in at least one adoption case I have been involved with. The grandparent did intervene, the judge did allow it and the adoption DID NOT GO THROUGH until the grandparent and the adoptive parent mediated out of court. |
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div2wice
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From what I understand, grandparents don't have much of a say. Unless they are interested in adopting the child, they really should not have a say either. There is no way they should be able to make someone keep a child they do not want.
The grandparents may be able to express their feelings to CPS or the adoptive parents, in hopes of getting visitation after the adoption, but that really is all up to the adoptive parents.
If they are set against the child being adopted away, then they need to step up and adopt him/her. |
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sizesmith
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In some states, yes they can, and in others, they can't. Different states have different laws than others. For instance, I once read that Florida has GP rights and have to consent to the adoption, if the child lived with them for 6 months prior to the adoption.
In Arkansas, they don't have rights.
If a child is taken through the foster care system, they are generally placed with family members, and the GP's can contest adoptions there. |
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lisa o
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Depends on what state you live in. I live in California its a Natural Birth Family favored state. Some adoptions birthmoms lose rights at birth, in California you have 30 days to change your mind.
I am currently going through an adoption lawyer and I was advised I should tell my father about my plans to place the baby for adoption. He does not agree what so ever and is already showering me with baby gifts. This could cause problems and he could actually fight for custody and win. Adoption agencies actually labled me as HIGH RISK because only my mother knew and agreed with the adoption.
Check with your state laws before its too late. |
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