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Grandparent Adoption

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By Sandra Dalton, Staff Writer

If you are already raising a grandchild, adoption may make it easier for you to provide all of the care your grandchild needs. If your grandchild’s parent or parents are living, you can ask them to voluntarily relinquish their parental rights, so that you can become the child’s legal parent. Under extreme circumstances, you can take the case to court and try to have their paternal rights terminated. Each state is different, and you will need to talk to a family law attorney in your state to find out what you need to do and if you qualify for grandparent adoption.

Adoption vs Custody

Adoption permanently terminates all legal rights and responsibilities of the parents making you the legal parent, or parents if adopting with a spouse. It can provide security and stability for your grandchild and give you peace of mind that the parents will not be able to take the child from you at a later date. It may make your grandchild eligible for benefits they could not receive if you merely had custody.

Child custody can be physical, legal or both. Physical custody means your grandchild would live with you and you would take care of the child, but the parent or parents retain the right to make important decisions for the child and may be required to pay child support. Legal custody gives you the right to make important decisions for your grandchild but does not bestow the full rights you would have as an adoptive parent. Custody is not necessarily permanent and can always be challenged by one or both parents.

If you are considering grandparent adoption, please search this directory for an excellent adoption law firm in your area.

Independent vs. Agency Adoption

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Independent, or private, adoption and agency adoption are very different. There are some states that do not allow independent adoption. In independent adoption, birth parents and adoptive parents go through an attorney to find each other. In agency adoption, adoptive parents seek to adopt through a private or public agency. There are pros and cons to both types of adoption, and ultimately you must decide which one is best for you. In either case, you will want to work with an adoption attorney at some point.

Independent Adoption

Independent adoption can typically help you adopt a child more quickly than adopting through an agency. It gives the adoptive parents and birth parents the power to decide if the adoptive parents and child are a good match.

In an independent adoption, there are no additional requirements beyond what is required by law. Adoption agencies can set their own requirements, which may mean that you are ineligible by their standards.

Although independent adoption tends to be less restrictive, in most cases a home study is still necessary.

Agency Adoption

Agency adoption has some advantages too. You will be working with a network of people who are experienced with adoption and how it affects families and children. There is typically training and counseling available to adoptive parents to help with the process and the transition, as well as preparing you for the many issues that you and your child will face in the years to come that are unique to adoptive families.

To learn more about independent and agency adoption, please search this directory for an excellent adoption law firm in your area.