What rights does the biological grandparent of an adopted child have?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What rights does the biological grandparent of an adopted child have?
Several years ago, my sister adopted her husband’s daughter. The biological mother waived her parental rights in order for the adoption to take place. The child is now a teenager and the biological grandmother recently contacted the girl on Facebook. The woman insists she has rights as a grandparent but has never seen the child. Does she have rights? Does my sister need an attorney?
Asked on April 18, 2012 under Family Law, New Mexico
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, she may have rights under New Mexico's law. Adoption does not always terminate visitation rights in New Mexico. Biological grandparents may petition for visitation if the adopting party is a stepparent, a relative, a person designated in a deceased parent's will or a person sponsoring the child in baptism or confirmation ceremonies. There are a lot of factors the court will consdier, the best interests of the child being the biggest factor. I would not lawyer up just yet. Your sister needs to take a step back for a second and look at the big picture. She does not want to be the bad guy here no matter how much this is hurting her. If the child is a teen then she will soon be an adult and your sister will have no say in who can or who can not contact her. So seek legal counseling cautiously. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.