do we have to adopt?

[acarmez]

What is the name of your state? Texas. MY wife and i have gained permanant custody of our grandson. My daughter passed away 2 years ago and the father gave up his rights to our grandson. Our lawyer suggests that we adopt our grandson, but in doing so he will have a new birth certificate with us as his parents. We rather he have his mother on his birth certificate. We love him very much , but do we have to adopt him, since we already have him permanantly?

 

[JETX]

What is the name of your state? Texas. MY wife and i have gained permanant custody of our grandson. My daughter passed away 2 years ago and the father gave up his rights to our grandson. Our lawyer suggests that we adopt our grandson, but in doing so he will have a new birth certificate with us as his parents. We rather he have his mother on his birth certificate. We love him very much , but do we have to adopt him, since we already have him permanantly?

It will be much easier if you were to formally adopt the child as then he will have inherent rights (heirship, etc.). If you don't, then you will have to always review wills, insurance, etc. to make sure that he is included.
Having permanent CUSTODY is not the same thing as a formal adoption.

 

[LdiJ]

It will be much easier if you were to formally adopt the child as then he will have inherent rights (heirship, etc.). If you don't, then you will have to always review wills, insurance, etc. to make sure that he is included.
Having permanent CUSTODY is not the same thing as a formal adoption.

I will also add, that unless dad's parental rights were officially terminated (not just that dad gave up custody) then dad would always be able to challenge your custody later. In addition, without adoption, even if dad's rights were officially terminated, other relatives, even members of dad's family, could also challenge your custody later.

I understand that you don't want your daughter to lose her official status of being the child's mother. However...there are many important reasons to do an adoption, and only sentimental reasons not to do so.

Also, in case you are concerned about finances, your grandchild will retain his Social Security Survivor's benefits even if you adopt him.

 

[bononos]

Not legal advice, just a question for poster who may know this:
Would just the grandfather be able to adopt and preserve the mother's name on the BC?

 

[ceara19]

Not legal advice, just a question for poster who may know this:
Would just the grandfather be able to adopt and preserve the mother's name on the BC?

Even if he could, I don't think it would be the best plan of action. If he did, he would be the father of the mother AND the child. That would be a tough one to explain!

 

[bononos]

Even if he could, I don't think it would be the best plan of action. If he did, he would be the father of the mother AND the child. That would be a tough one to explain!

Didn't think of it that way.
Has there ever been a BC with 3 parents listed????????
Gramps, Granny, and Mom?
Would a court allow that to preserve the mother?
Just a thought.

 

[ceara19]

Didn't think of it that way.
Has there ever been a BC with 3 parents listed????????
Gramps, Granny, and Mom?
Would a court allow that to preserve the mother?
Just a thought.

They can get a copy of the birth certificate as it is NOW, with mom listed on it and THEN proceed with the adoption. They would have the original to give to the child when she gets older. It would change the actual record, but keeping mom's name listed with vital records isn't nearly as important as protecting the child.

 

[JODY]

What is the name of your state? Texas. MY wife and i have gained permanant custody of our grandson. My daughter passed away 2 years ago and the father gave up his rights to our grandson. Our lawyer suggests that we adopt our grandson, but in doing so he will have a new birth certificate with us as his parents. We rather he have his mother on his birth certificate. We love him very much , but do we have to adopt him, since we already have him permanantly?[/QUOTE


My daughter and I also have custody of my grandchild. He is my son's and former girlfriends child. Not legal adoption. I don't think he would mind either way as he knows who his mother (person who gave him life) is and who the mother who takes care of him is and would give his life for him is (my daughter). My point is talk to him everyday of his mother. The paper would not mean anything to him BUT it would give you all comfort to know he is legally taken care of.


Good Luck and God Bless

 

[LdiJ]

Didn't think of it that way.
Has there ever been a BC with 3 parents listed????????
Gramps, Granny, and Mom?
Would a court allow that to preserve the mother?
Just a thought.

A good friend of mine adopted his stepdaughter after her mother (his wife) passed away. He fought tooth and nail to attempt to preserve the mom as the mom on the BC and was denied. (his adoption was considered to be a single parent adoption).

Therefore...I doubt that a birth parent could be preserved on the BC if a grandparent adopted either.

 

[justalayman]

A good friend of mine adopted his stepdaughter after her mother (his wife) passed away. He fought tooth and nail to attempt to preserve the mom as the mom on the BC and was denied. (his adoption was considered to be a single parent adoption).

Therefore...I doubt that a birth parent could be preserved on the BC if a grandparent adopted either.

Something that I do not understand about birth certifiactes.

How can anything be changed ?(unless a mistake was made on the original)

You birth mother is always your birth mother. I thought the BC was a document of fact. An adopted mom (no offense intended) is not the birth mother as well as all the other info is what it is.

There was a case where a person born female (in Ohio) had sex change and had the BC changed to reflect the gender as male. HOW?

Is not the BC an official legal document documenting the facts surrounding the child and their birth?