If birthparents want to place child up for adoption, can the grandparents prevent it?

Ollie

The grand parents have no say in the matter.

jana k

no she can not. but she can ask to adopt though. although she just got out of prison, very unlikely she will get the baby

tish

the decision to place is the bmom's/bdad's.

Wundt

The short answer is "No" grandparents have very limited rights with regards to their grandchildren. They might be able to get a hearing in court and perhaps a temporary injunction, but I doubt they will win.

Now, if the child was removed from the birth parents by the state due to neglect or abuse then the state will usually try to place the child with family. However, the family members would have to go through the same home study process as any adoptive family. Given the criminal background and the obvious conflict between her and her daughter, it doubt she would pass the home study.

The grandmother has two strikes against her.

Isabel A

No. The Grandmother can't do anything about it. The choice to relinquish lies mainly with the mother and known father.

Amy B

Since the birth parents are not minors, the birth grandmother cannot block the adoption. THe only thing she can do is try to influence the birth mother to change her mind. Legally, the birth grandmother has NO rights to the child. If she was in jail, there's not a judge that would award custody of the child to her.

wolfkarew

No they can't. Grandparents don't have any rights to their grandchildren in the USA.

FreeSpirit

Mz.Amberâ™¥'sBryan&Her Babys

No She can't once the Birth parents are of age they have the right to put the child up for adoption and her nor his mom have the right to stop the adoption process! She can try to adopt but the chances of her getting the baby is unlikely, it would also REALLy depend on why she went to prison its hard enough for people to get jobs after being released from prison let alone adopt a child! Like I said unlikely!

gemini

No, but they could apply to adopt the child, unless the birth mother has a problem with it.

Doodlestuff

Not in the US. There was even a Supreme Court ruling on this in the 80s. The parents have the final say on the placement of their child. However, if one decides otherwise, s/he can recommend placement and the judge will consider it.

kidmindi

No, the decision is up to the birth parents, especially since they are both of age. The only way the grandmother could adopt the child would be with the consent of the birth parents

mellow yellow

No, however, she can petition for parental rights to the child. But, they will consider heavily, her criminal history and she would be under much scrutiny.

anaishere

even thou the grandparents are a special part in both live they have no right to interfere in the adoption of the child
(court wise )
good luck and really think about it

SWAT

Crucio

She canâ€™t block the adoption. Now she could request to adopt. However from what you say her daughter doesnâ€™t want her to raise the baby so she is just out of luck. She could try and convince her daughter to keep the baby or let her adopted it.

stormwarnfm

With her having a criminal history, it is doubtable that she'd even pass the homestudy to be able to adopt the child.

so not cool

She can take you to court and try to get custody, but normally the grandparents will not win. I gave my daughter up for adoption when i was 16. there was a huge issue with the fathers mother wanting to adopt her, but the lawyers said she had no real case. you have controle over the baby as long as you are the birth parents. if the father isn't willing to sighn than that is when the problems start lol. right now the only state you dont need his signature in is Utah. Adoption is really beautiful, i got a picture of my little girl not too long ago. she is almost four now, and she is so happy. she has all the things in life i would have wanted to give her, but knew i couldn't. i am going to college and liveing my dreams, while she is growing, learning, and being twice as loved as a normal child because she has 2 sets of parents loving her. if you need to talk, or have any questions at all just e-mail me, i'd be happy to answer. giving your child up for adoption is very diffecult.... infact when i signed those papers it felt like i was sighning away a piece of my soul... but now i know it was the best thing i could do for my baby. it wasnt somthing i thought i could do (giving up my child) but i knew it was something i HAD to do for my childs untimet happiness. you have a long journey ahead, but in the long run, you will see it is the best journey you will ever go on.

good luck, and keep your hopes up, tomorrow will come, so greet tomorrow like it was on purpose. :)

Grace777

Heather B

I would hope that the child should be required to stay within his or her own family before being adopted out to strangers

Unless the family is proven unfit, of course

charlotte j

Sounds like the grandmother would like a second chance to be a parent.
The birth parents can let the grandmother adopt the baby.
If not, a lot of family problems may happen.
Give the grand mother a chance :)

littleJaina

Well, with the prison record, it is unlikely she can do anything. However, if she were a normal, well adjusted, law abiding citizen, she would certainly have a say.

She could NOT prevent the daughter from giving up the child for adoption. However, the only choice the daughter has is whether or not to relinquish her own rights to the child. All the agency stuff where birth mom's pick adoptive parents isn't really legally binding. The courts usually abide by the mother's wishes because there is no reason not to, but the courts do not HAVE to abide. Once the birth parents relequish custody, it is the courts decision who the child is placed with.

If the birth mother goes to court to try to adopt the child, and she is a "fit parent" the courts will most likely award custody of the child to her. This is under the philosophy that biological relatives are the best option as long as they don't actually endanger the child. Even if the biological mother wanted the child to go to another couple, once she's waived her rights, she cannot preven the courts from giving the child to her mother instead of the adoption she planned.

Basically, once a mother gives up her rights, she's saying that she legally doesn't care what happens to the child. Thus, her opinions on placement ammount to nothing in legal terms.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: