Do biological grandparents have rights after adoption? (2024 Adoption Laws)

Do biological grandparents have rights after adoption? Unfortunately, biological grandparents typically no longer have rights regarding the child once the adoption has taken place. This is standard in all states, although exceptions exist for stepparent adoption or when another family member adopts the child.

Parental rights to control visitation will normally belong to the adoptive parents. Should a particular situation call for a different decision, biological grandparents can petition the court for visitation rights.

Wondering what to do when you can’t see your grandchildren? Use this legal guide to better understand grandparents’ rights after adoption and the steps you can take to avoid losing a grandchild to adoption. Enter your ZIP code above if you’re ready to speak with a family lawyer near you.

Grandparents’ Rights After Adoption

Grandparents’ rights and visitation are generally terminated with no further discussion when the biological parents give up their parental rights and put the child up for adoption. However, exceptions do exist where grandparents can maintain a relationship with the child:

• Stepparent Adoption: After the biological parent passes away, a stepparent can adopt the child. The grandparents of the deceased biological parent can seek visitation rights through the court.
• Family Member Adoption: If a family member adopted a child, and the grandparents believed that visitation rights were in the child’s best interests, they could petition the court.
• Prior Custody: If the grandparents had custody of the child before the adoption, the court may consider the prior custody arrangement and the best interests of the child when making a decision regarding visitation rights.

Child custody laws protect the rights of adoptive parents. If the grandparents petition the court for visitation rights, the courts in most states will decide whether or not to require visitation based on the best interests of the child.

For example, if the grandparents had custody of the child up until the adoption, if they were acquainted with the adoptive parents, or if the adoptive parents wanted the grandparents to retain their rights of access, the court may be willing to make decisions along these lines if it could be proven that they were best for the child.

Can a grandparent contest an adoption? Yes, although it is difficult since many state laws give biological parents complete control over adoption decisions. Keep reading to learn more about grandparents’ visitation and adoptive rights.

Grandparents’ Rights by State

What states do not have grandparents’ rights? Nineteen states have restrictive visitation statutes that limit the visitation rights of biological grandparents to specific circumstances.

Can grandparents sue for visitation rights in California? Yes, but state law restricts visitation to stepparent or relative adoptions only. The same rules apply in Illinois, Kansas, and North Carolina. However, grandparents’ rights in Maryland and Virginia are more permissive.

Other states like Florida and Arizona only allow grandparent visitation if the child is adopted by a blood relative or immediate family member, although the new law for grandparents’ rights in Florida eases restrictions when the biological parents are deceased, missing, or in a vegetative state.

Learn More: How to Modify Child Custody Orders

How to Petition for Grandparent Visitation Rights

In states with permissive statutes, grandparents can request or petition for visitation once the court terminates the biological parents’ rights after adoption. Here’s how to get child visitation for grandparents:

• Hire an Attorney: Local family law attorneys understand your state visitation and adoption laws and can help you prepare evidence to prove visitation is in your grandchild’s best interest.
• Mediation: A lawyer or other neutral third party will facilitate a meeting between biological grandparents and adoptive families to reach a visitation agreement without going to court.
• Filing the Petition: Request and file a Grandparent Visitation Rights form with your local courthouse or online and provide evidence of your relationship with your grandchild.

Once you file a petition, the adoptive parents will be served, and a hearing date will be set. In court, you may need to demonstrate that your home, lifestyle, and finances are suitable for spending time with a minor child.

Adoption Rights for Grandparents

Can grandparents adopt their grandchildren? Yes, grandparent adoption is one of the most common arrangements for child custody. Once the biological parents surrender their rights to the child, a grandparent’s adoption rights kick in. The adoptive grandparents meaning is:

Can I adopt my grandchild in Florida? Yes, Florida grandparent adoption is known as kinship adoption. Many states allow kinship adoptions, but despite being related, adoptive grandparents must go through the same process as all families looking to adopt a child.

If you are a potential adoptive grandmother or grandfather, hire an attorney to help you through the steps to adopt your grandchild:

• Home Evaluation: A social worker evaluates your home and parenting skills through interviews and observations to determine if it’s the right placement for the child.
• Child Consent: If the child is over a certain age (12 or 13 in most states), they must consent to living with their grandparents. The court will not grant adoption to grandparents if the child doesn’t agree to it.
• Court Hearing: After evaluation and consent, your attorney can file a petition for adoption with the court. At the hearing, the judge will consider the evidence, the child’s wishes, and family history.

Can a biological parent regain custody of an adopted child? No, which is why many families try to keep children with relatives. Adoption for grandparents can help maintain the relationship between a child, their biological parents, and other close family members.

What is the most common reason given for grandparents assuming custody of grandchildren? According to the American Association for Marriage and Family Therapy, grandparents adopt grandchildren most often due to substance abuse, teen pregnancy, or the death of a biological parent. 

Protecting Biological Grandparents’ Rights After Adoption

Do biological grandparents have rights after adoption? State laws protect the rights of adoptive families and limit grandparents’ access to grandchildren except in cases of stepparent or relative adoption. However, biological grandparents can request visitation rights in more than 30 states regardless of who adopted their grandchild.

Whether you want to visit your grandkids or set up non-parent custody of a child, consult a lawyer to explore your options and protect the best interests of your family and grandchildren.

Any grandparents seeking rights will want a lawyer on their side to have the best chances of convincing the court that they have the child’s best interest at heart. Enter your ZIP code below to find an affordable family law attorney near you.