When it comes to the abilities and rights of a grandparent in regard to their grandchild, adoption is the most extreme. In Kansas, when a relative or family member wishes to adopt a child, this is call Kinship Adoption. A grandparent can petition for custody or visitation rights of their grandchild, however filing for adoption is an entirely different level of process and right. In order for a grandparent to legally adopt his or her grandchild, the rights of the biological parents must first be relinquished or terminated. This means that both parents of the child must no longer have any rights to the child and will cease to have any responsibility towards them. The parents will no longer have any obligation to the child, financial or otherwise, nor will they have any visitation or custody rights.
Rights of Adoptive Grandparents
A kinship adoption is much like being granted guardianship of the child, but there are also significant differences. If a grandparent is to adopt his or her grandchild in Kansas, they completely step into the shoes of the biological parents. In essence, they become fully responsible for the child in all capacities, much like a parent would be. They must properly care for the child financially, physically and emotionally. Like with a guardianship, the grandparents would have the ability to make any and all decisions for their grandchild. However, unlike guardianship they are not only given the role of a guardian, but they completely assume the role of being a parent, and the biological parents no longer have any rights towards the child.
Effects of Kinship Adoption by Grandparents
Before grandparents pursue the legal adoption process of their grandchild, they should deeply understand the ramifications. If adopted, the child then has inheritance rights, just as if the grandparents were their actual parents. They are also responsible for the child until they reach the age of majority, or eighteen (18) years old. An adopted grandchild can also receive social security survivor benefits from their grandparents if they are less than eighteen (18) years of age and the child’s grandparents die.
Kinship Adoption Process in Kansas
First, the child’s parents must terminate or relinquish their rights to their child. Typically, parents of a child a grandparent wishes to adopt will consent to the adoption if they are no longer able to take care of the child. A court can also terminate a parent’s rights if they are not suitable or harmful to the child. A parent’s rights may also be terminated if they happen to have passed away. Once rights have been terminated or consent has been given, the grandparents can file for adoption with the court.
The filing process for a relationship or kinship adoption in Kansas can be complicated, but not with the help of an experienced attorney. In most states, a non-relative adoption is more difficult than a relative adoption, however, there are still many steps involved in the process. After the required documents are filed requesting an adoption proceeding, a hearing will take place. At the hearing the judge will evaluate the suitability of the potential parents in order to see if their adoption would be in the best interest of the child. The potential parents must show they are financially, emotionally and physically stable. They must also show that the living environment would be a healthy and happy one for the child. Oftentimes the judge will require an investigation by an appropriate agency to take place.
If the child that is being adopted has other siblings who were adopted as well, but not by the same relative or grandparent the court will often provide for information and contact between the siblings.
If you are a grandparent wishing to adopt your grandchild and are not sure where to begin, we are here to help. Our experienced Kansas Adoption Attorney has extensive knowledge in this exact area and have helped many children and grandparents through the adoption process. We will put your family at ease throughout the kinship adoption process and take care of everything so you don’t have to. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can successfully assist you with your Conservatorship matter.