Depending on state law, and due to the fact that adoption laws differ from state to state, the legal status and rights of birth grandparents can vary greatly. For the most part, throughout the history of adoption law, birth grandparents, the parents of the birth mother or birth father, were not acknowledged as having any distinct rights regarding the adopted child or the adoption process. Nowadays, in most jurisdictions, birth grandparents are permitted very narrow allowance by the law.
In states where the law may recognize the rights of birth grandparent, usually those rights demand that two qualifications are complied with. The first is that the birth parent is a minor. The other condition is the grandparents must have served as guardians for the child and have established a close bond prior to adoption, to the extent that the loss of such relationship would be detrimental to the child.
In cases where rights of birth grandparents do in fact exist, such rights may take multiple forms. The most prevalent is the right of notice. Under such circumstances, birth grandparents have the right to be formally advised if their grandchild is being placed for adoption. This does not suggest they can disaffirm or deny the adoption from taking place, but only that the decision must be disclosed to them.
The process for birth grandparents to gain visitation or custody of adopted grandchildren varies from state to state.