Unfortunately there may be many instances that arise in a parent or couples’ lives that create the need or desire for a grandparent to adopt their child. An illness, death, abuse or economic hardship are just a few of the many reasons why a grandparent may wish to adopt their grandchild or grandchildren. When one or any of these circumstances presents itself, a grandparent can file for adoption to legally gain parental rights of a grandchild or grandchildren.
Kansas Grandparent Adoption Statutes
In past decades there was some confusion regarding grandparent visitation and grandparent adoption statutes. There was overlap that created undefined answers to questions both parents and grandparents had regarding rights of grandparents. Statues made declarations regarding rights to visitation and custody of a child, however this conflicted with the adoption statues often severed all family rights. Clarification in this area has since been created, and many grandparent adoptions take place regularly in Kansas. The adoption of a child by a grandparent is called a Relative or Kinship Adoption. Once a grandparent has adopted the child, the child’s biological parents no longer have any legal rights or responsibilities toward the child. All physical, legal and financial obligations lay in the hands of the grandparent after adoption is finalized.
Rights of Grandparents if Child is Adopted
Each state varies when it comes to statutes regarding adoption and visitation rights given to grandparents. Although states are similar, it is important for a grandparent to fully educate themself on their rights, as each state has differentiating nuances and caveats. According to Kansas’s law, a court may grant visitation rights to a grandparent in a custody order. However, when a child is adopted, visitation rights of the grandparents are terminated unless the grandparent is the parent of a deceased parent and the surviving parent’s spouse adopts the child. Ultimately, as in most states, the court’s main goal is to serve the best interest of the child and their decision will reflect that focus.
A grandparent has the ability to adopt a grandchild in Kansas, especially if the parents are voluntarily putting the child up for adoption. The right to adopt a child is only possible if all parental rights have been officially and legally terminated. The court will evaluate the grandparents’ relationship with the child’s parents, and they will also assess the grandparents’ health and ability to care for the child in their remaining years. The parental rights a grandparent will obtain when they adopt their grandchild are permanent, so the court wants to ensure they are able to fulfill all parental duties and responsibilities. Grandparents are required to hire an attorney if they wish to pursue an adoption of their grandchild.
Financial Help for Grandparents who Adopt
If you are a grandparent in Kansas and you wish to adopt your grandchild but are worried about financial restraints, there may be helpful options. In Kansas you can receive a Federal Tax Credit for any legal fees that you incur during the adoption process. If the child is a special needs child, the tax credit amount may be increased. You can contact a Kansas Adoption Lawyer or your local SRS office for more information on further financial assistance you may be entitled to.
If you are a grandparent wishing to adopt your grandchild and are not sure where to begin or you have questions, we are here to help. Our experienced Kansas Adoption Lawyer 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.