Adoption laws vary when it comes to grandparents.
Grandparents do have adoption rights in many states when the mother gives up her parental rights. The major consideration for these rights is if the birth mother is a minor, or if the grandparents have been the primary caregiver of the child.
Law
Grandparental adoption rights are not constitutionally guaranteed. These rights are also nonexistent in common law. Though rights are granted at the state level, and are protected, federal legislation can overturn the state's ruling. The best interest of the child is usually the guiding factor when an adoption decision is made by the court.
Federal Acts
The federal government issued the Uniform Child Custody and Jurisdiction and Enforcement Act in 1980. This set a legal guideline for states to issue their own custody laws regarding parents and grandparents. Each state interpreted the act differently, so it is important to check out state laws regarding grandparental adoption.
Major Considerations
The court looks at major considerations when ruling on an adoption by grandparents. These considerations may be the grandparents' ability to care for the child, or the strength of the relationship between the grandchild and the grandparents. The court also looks at how well the child will adjust to the home, school and community.
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