• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Grandparents rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

auntdedo

Guest
What is the name of your state? Mississippi

My husband and I have a daughter and son-in-law who are expecting their third child. They have decided to give it up for adoption. We would like to adopt the baby, but they don't want to do that because it would be "too hard" for them. Do we as grandparents have any rights? They have been communicating with a couple in NY that have been advertising in the newspaper. They have decided to give the baby to them. Please let me know if there is anything that we can do to protect our grandchild.
 


K

kam2051

Guest
Please let me know if there is anything that we can do to protect our grandchild.
This is a very broad statement which could be interpreted in several ways, but I don't really understand what you're protecting your grandchild from? Do you know if they plan for the adoption to be fully open (i.e. where the child knows their biological ties)?

I looked for GP's rights, and I couldn't find anything relating to rights in cases of adoption. A start might be www.grandparentsrights.org.

{edited due to broken url}
 
Last edited:

Seanscott

Member
Unless specifically granted during the adoption process, most adoption laws exclude the visitation rights of all blood relatives. The rights of the adoptive parents supersede any claims for visitation by blood relatives.
 

Seanscott

Member
A man cannot even stop his girlfriend from getting an abortion, if that is her desire. I don't think there's much you can do to stop your daughter from putting the child up for adoption.
 

nextwife

Senior Member
And you do not necessarily know the whole story. Something else may be going on here, which is why they "don't want to be reminded". These reasons would not be reasons they may feel comfortable talking about with you, but THINK about it. They do not want this child in their lives, even partially, for whatever reason. You need to understand there may be a reason for that. I am not going to spell it out for you.

And, if you want to parent again, and this opportunity made you now realize it, I would be happy to direct you to webgroups of very happy older adopting parents. Just because you cannot adopt this child, does not mean you could not adopt. I have lots of buddies adopting in their 40s and 50s, and some even older. And they are really enjoying enjoying their "younger than the grandkids" kids.
 
A

auntdedo

Guest
Grandparents Rights

As a matter of fact, we are adoptive parents....We know the pain of adult children facing the fact that their parents would not or could not raise them and no one else in the family offered either. My daughter is a substance abuser along with her husband and they definitely don't need another child. They have already made the decision to give it up for adoption. Why shouldn't we as grandparents have the right to raise our grandchild if we choose to?
 

nextwife

Senior Member
What I was trying to NOT say, was an additional reason an adult couple may choose to not parent a child. Certainly substance abuse is a very good reason to make a choice on behalf of that child's future. But I had something else in mind.

I have no idea if this applies, but here goes: It is sometimes the case that a child was concieved during an extramarital affair. The couple knows, but does not wish to discuss it with others or let them know. They do not wish to regularly be reminded by having that child nearby.

I am sorry you are dealing with this loss. Here is a site to obtain a summary of Mississipi adoption laws:

Mississippi Code Annotated Sections 93-17-1 to 93-17-223 (1998)

http://www.adoptionsolutions.com/general/state20laws/ms_law.htm

I do not know of any provision providing a sort of right of first refusal to granparents. Permission is stated as follows

"Consent to Adoption
Written consent is required of the following people:

1.
both natural parents, or parent, if only one parent;

2.
if the parents are dead, then any two adult relatives within the third
degree of the child;

3.
the guardian ad litem of an abandoned child;

4.
any person who has physical custody, or to whom custody has been awarded through the court;

5.
the agent of the county department of public welfare who has placed the child; and

6.
the adoptee who is over 14 years of age.

If the adoptee is born out of wedlock, the father shall not be deemed to be a parent and no reference shall be made to him."
 
C

craftymom

Guest
Re: Grandparents Rights

auntdedo said:
My daughter is a substance abuser .....

Why shouldn't we as grandparents have the right to raise our grandchild if we choose to?
You answered your question before you even asked it. Additionally, it's not your choice to make. If nothing else, at least your daughter and her husband are making a responsible decision in regards to this child
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top