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Grandparent Adoption Rights in Kansas

Grandparent Adoption Rights in Kansas
December 18, 2013 James Greenier

It goes without saying that most people would never imagine they might end up raising their children’s children. However, due to unfortunate circumstances that transpire in our lives, grandparent adoptions may very well be the best alternative to a parent, and for the future of a child.  In fact, grandparent adoptions in Kansas have become more prevalent every year. There are numerous reasons why grandparents may choose to adopt their grandchildren, many of which has nothing to do with feeling obligated to keep the child in the family.

According to Kansas law, a “kinship caregiver” is an adult that is closely related to a child and cares for the child instead of the parent. Grandparents are most frequently regarded as kinship caregivers. Many times, grandparents take on the role of primary caregivers when the parents cannot or will not care for the child, due to illness, abuse and neglect, substance abuse, economic hardship, unwillingness, or death. Because this scenario has become increasingly common in Kansas, lawmakers have instituted legal support procedures for grandparents caring for their grandchildren in the state. The most important of which is a special grandparent kinship adoption process.

Grandparent kinship adoptions in Kansas are fixed legal arrangements. All of the birth parents’ rights, duties, and obligations are perpetually terminated, and assumed by the grandparents. Fortunately, and despite this dual outcome, grandparent adoptions are generally less expensive and procedurally complicated to achieve. Grandparents also do not have to go through adoption agencies, which significantly reduces costs. Kansas, like all other states, gives priority to kinship caregivers regarding adoption placements, so long as the placement is alternatively suitable. The purpose of adoption is simply to make legal an existing parent-child type relationship.

Kansas requires that grandparents must first file a petition for adoption in court, to commence the grandparent adoption process. The next step involves the biological parents, if still alive, to legally dissolve their status as parents. If either parent disputes the adoption or denies consent, there is still a good chance the grandparents can successfully adopt. In such cases, the court will hold a hearing, where the grandparents can present evidence that the parents are no longer involved in the child’s life, or otherwise unfit. The judge will finalize the adoption decision at the conclusion of the hearing, and grant adoption rights to the grandparents if he or she deems it in the child’s best interests.

In many adoption circumstances, grandparents that legally adopt their grandchild are more likely to effectively manage the ethical, legal, and economical issues involved in kinship care giving. As a result, they are able to provide a more stable home life. The benefits of adoption are numerous. It removes many of the legal obstacles of a grandparent’s authority to act on behalf of the child. The adoptive grandparent is considered the child’s parent for legal purposes, and as a result, the biological parents will not be able interfere with the grandparents’ child-care decisions. Adoption therefore, ends the troublesome outlook of an absent parent entering back into and complicating the child’s life. Adoption can also prove to be financially beneficial for grandparent kinship caregivers in their approach to raising a child. Grandparent adoptions usually qualify for the Federal Adoption Tax Credit, where any court costs or legal fees incurred can be fully reimbursed when the grandparent’s files their tax return.  Ultimately, courts generally want to keep children with biological relatives.  However, it is common for most grandparents to run into legal difficulties while going through the adoption process. It is in your best interest to retain a Kansas grandparent adoption attorney to help you successfully deal with all the various legal aspects you are likely to encounter.

For questions regarding the adoption process in Kansas, please contact McDowell Chartered legal services at 316-269-0746. We are here to assist you with all of your adoption needs!