When you adopt your grandchild, you become the child’s legal parent. Before the court approves the adoption, the birth parents must usually consent or lose their rights through a court order. This decision may be difficult because it affects both your child and grandchild. You might have mixed feelings as you focus on what will best support the child. Learning how the process works could help you prepare for its legal and emotional effects.
How parents could lose their rights
In Indiana, a parent may voluntarily consent to the adoption and give up parental rights. The parent often signs a written form or gives consent before a judge. The judge makes sure the parent acted freely and understood the result.
However, a court may approve an adoption without consent in some cases, such as the following:
- A court finds that the parent has legally abandoned or deserted the child for at least six months prior to filing the adoption petition.
- The parent failed, without justifiable cause, to communicate significantly or provide required support for at least one year despite having the ability to do so.
- The parent is unfit through clear and convincing evidence and that dispensing with consent serves the child’s best interests.
- Abuse or neglect may lead to a child welfare case that ends parental rights before the adoption.
Adoption ends a birth parent’s right to make legal choices for the child. Still, you may decide that safe contact with the birth parents supports your grandchild.
Contact after the adoption
Indiana courts could allow a formal contact agreement under strict requirements. The child must be at least two years old and share a strong bond with the birth parent. The court also needs to find that contact serves the child’s best interests.
The birth parents and adoptive parents must sign the plan, and the required agency or court representative needs to review or support it. A child who is 12 or older must also provide consent to the agreement.
Preparing for the change
Understanding the legal process may help you know what to expect at each stage of the adoption. With clear expectations, you can focus on giving your grandchild a stable home and a secure legal relationship.