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Birth Parents’ and Grandparents’ Rights After Adoption – Discussed by a Kansas Adoption Attorney

Birth Parents’ and Grandparents’ Rights After Adoption – Discussed by a Kansas Adoption Attorney
December 11, 2015 James Greenier

If you are a grandparent or birth parent of a child who has been adopted, you may be curious as to the legal rights you have, if any. Every state differs when it comes to the visitation rights of various parties before, during and after an adoption has finalized. For a variety of reasons you may wish to remain in contact or have legal rights to the child, and therefore must understand the applicable Kansas laws to know what those rights consist of. There are also noteworthy limitations and requirements regarding the collection of information about the birth parents and grandparents, and who can and cannot access such information. The intricacies of adoption can be difficult to maneuver, however they do not have to be if you educate yourself accordingly or discuss the parameters of adoption with an experienced Kansas Adoption Attorney.

Collection of Birth Parent and Grandparent Information

Every state requires a generated report to be created outlining certain relevant information about the child’s natural parents. Although each state’s requirements vary, as such rules are state regulated, there are general requirements that most states require to be included in the report. Such information includes medical and genetic history, which can also include any applicable record of mental health history. Some states also require any drug use or history to be included in the report as well. General information regarding religious, racial, community and familial backgrounds must also be identified in the report. In a few states such information must also be disclosed on behalf of the child’s grandparents.

Birth Parents’ Rights After Adoption

Consequently, upon finalization of adoption, a child’s natural parents rights are terminated in order to afford the adoptive parents’ parental rights. Depending on the circumstances and agreement of the adoptive and natural parents, there may be possible contact or communication allowed between the child and his or her natural parents. Such agreements can occur through discussion or formal written and enforceable contracts. It may be best to speak with a Kansas Adoption Attorney to ensure the wishes of all parties are properly agreed upon and legally bound.

Grandparents’ Rights After Adoption

Along with the adopted child’s parents, its grandparents’ rights are also affected by adoption. Because the parental rights of the natural parents are terminated, consequently the rights of the grandparents are also indirectly terminated. If a child is placed with an agency for adoption, the majority of cases do not allow grandparents to have visitation rights or contact with their grandchild, nor do they have a right to contest the adoption. An exception may exist in the instance of a stepparent adoption where parental rights of the other parent are involuntarily terminated. In such situations, most states allow grandparent to seek visitation rights.

Ask a Kansas Adoption Attorney All of Your Adoption Questions Today

With over 40 years of adoption experience according to Kansas’s laws, Kansas Adoption Attorney Tom McDowell is equipped to help you grow your family through successful adoption. He is aware of the process and can therefore help you create a plan that avoids any delays or complications. Call Kansas Adoption Lawyer Tom McDowell at McDowell Chartered Legal Services today at (316) 633-4322 to properly file for adoption.