Adopting grandchildren is a common solution for children of parents who aren’t ready to take on the responsibility of raising a child. Adopting grandchildren is a type of kinship adoption, so the rules and processes can be a bit different from adoption by a typical adoptive family. Heimer Law can assist you in adopting your grandchildren.
Is adoption what you want?
The first question to consider is whether adoption is actually what you want. A child whose parents are unable to care for him or her because of imprisonment, drug use, or financial crisis may benefit from having grandparents step in and take on the parental role. But adoption is permanent. Sometimes this kind of arrangement is a response to a temporary situation, and the parents hope to be reunited with the child at some point in the future.
While the grandparents are caring for the child, however, they need to be able to make medical and educational decisions for the child. A casual arrangement with grandparents acting as long-term babysitters can face many practical problems. A guardianship arrangement may be a better choice if the goal is to care for the children temporarily.
Adoption means that the parental rights of the birth parents will be terminated. The grandparents become the chid’s legal parents. In some cases, that may be the best choice for the child and the birth parents.
The process for adopting grandchildren
Legally adopting grandchildren is similar to any other adoption. A Home Study may not be required. However, the prospective adoptive parents must be able to support the child or children and to provide them with a safe and stable home environment. They must be healthy enough to bring up the child, and should expect to have background checks.
In Arkansas, the birth mother has a lot of power over the choices made for her child. If a birth mom does not want her child to live with her parents or the father’s parents, she can choose a different home for the child.
The flip side of that is that a court may decide, if the parental rights of the mom and dad have been terminated because of abuse or neglect, that their parents will not be a good choice for the child.
There is no law in Arkansas giving grandparents automatic rights to adopt their grandchild. Grandparents will generally be given preference over unrelated adoptive parents, but if there are other relatives who also want to adopt the child, the situation can be more complicated.
Contact Heimer Law for a free consultation
Because every adoption is different, it’s best to get legal advice that takes into account all the details of your particular situation. Heimer Law offers free initial consultations. Use our simple inquiry form to get started.
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