Do biological grandparents have any rights after adoption?

In the case of an adoption, the biological grandparents of a child will typically no longer have rights in terms of the child once the adoption has taken place. This is standard rote in all states, although exceptions also exist.

Biological Grandparents’ Rights After Adoption

The rule that grandparents’ rights are lost after a child is given up for adoption is generally in place in reference to adoptions that go forth in the typical manner and that are done by strangers or through an adoption agency.

In these cases, the grandparents’ rights are generally terminated with no further discussion when the parents give up their parental rights. However, exceptions can and do occur when the adoption is done by a family member, stepparent, or other connected individual.

For example, if a stepparent adopts a child after a biological parent has passed away, the grandparents of the deceased biological parent may be given visitation rights by a sympathetic court.

If the grandparents petition the court for visitation rights, the courts in or most states will make the decision on whether or not to require visitation based on the best interests of the child.

Parental rights to control visitation (which may, in this case, refer to the rights of the adoptive parents) will normally be a deciding factor, but should a particular situation seem to call for a different decision, it would be possible to petition the court for a decision based on those facts.

Just as an example, if the grandparents had custody of the child up until the adoption, or 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.

Getting Help

To have the best chances of being able to convince the court that grandparents’ rights are in the best interests of the child, any grandparents seeking rights will want to have a lawyer on their side.

Case Studies: Biological Grandparents’ Rights After Adoption

Case Study 1: The Stepparent Adoption

In this case, after the biological parent passed away, a stepparent decided to adopt the child. The grandparents of the deceased biological parent sought visitation rights through the court. While the general rule is that biological grandparents’ rights are terminated after adoption, the sympathetic court granted visitation rights considering the best interests of the child and the family connection.

Case Study 2: Adoption by a Family Member

In this scenario, a child was adopted by a family member. The biological grandparents of the child no longer had rights over the child after the adoption. However, if the grandparents believed that visitation rights were in the best interests of the child, they could petition the court. The court would make a decision based on the specific circumstances and the well-being of the child.

Case Study 3: Grandparents With Prior Custody

In this case, the grandparents had custody of the child before the adoption took place. They desired continued access to the child even after the adoption. While the general rule is that grandparents’ rights are terminated with adoption, the court may consider the prior custody arrangement and the best interests of the child when making a decision regarding visitation rights.