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© 2016 - U.S. Legal Forms, Inc USLegal Pamphlet on Grandparent Adoption I NTRODUCTION One of the most common forms of adoption is that of children by grandparents. In these situations the adopting stepparent assumes financial and legal responsibility for his/her spouse's child or children and releases the noncustodial parent of parental responsibilities, including child support. Many grandparents choose adoption so that they can provide health insurance, receive subsidized housing that includes the child, and enroll their grandchildren in school. When older grandparents adopt their grandchildren, they must consider their health and financial ability to care for the child. Grandparent adoption laws vary by state, covering issues such as consents from the non- custodial parent, whether or not a homestudy is required, and other requirements. Relative adoptions are treated somewhat less formally than non- relative ("stranger") adoptions. They may require only an abbreviated homestudy, or none at all. For this preferential treatment to apply, the adoption must fit the definition of a relative adoption under state law. Most state laws define "relative" by degree of relatedness. Some states require a criminal background check even if a home study is not required. Adoption by a grandparent generally has no effect on a child's legal right to inherit under a will from either birth parent or other family members. C ONSENTS TO A DOPTION The child's biological parents are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support. If the noncustodial parent objects to the proposed adoption and refuses to consent to it, state laws may prevent the adoption from proceeding. However, some states allow adoption to proceed despite objections where the noncustodial parent has failed to maintain communication with the child for a specified period of time. Some states also have special circumstances where the consent of the noncustodial parent isn’t required. Sometimes getting the child's other parent to agree to your adoption can be difficult. The way to obtain consent is different in each state. In many states, the noncustodial parent can give a written statement. In other states, he or she may have to appear before a judge or file papers with the court. Some states require the parent to receive counseling, have the laws and his or her rights explained to him or her, or talk to a lawyer. Some states laws allow for consent to be revoked, and for an adoption to be challenged or overturned, if these requirements are not met or fraud has occurred. S TEPS TO T AKE 1. Check out your state's laws on grandparent adoptions. The qualified legal advice of an adoption lawyer admitted to the Bar in your state is recommended. 2. Contact the court in your county that handles adoptions. In some states adoptions are handled in juvenile court. In other states the family court or surrogacy court handles adoptions. Ask to speak to the court clerk or another person who can give you information about grandparent adoptions. (Court employees may not give legal advice.) Many courts have an information packet that can be mailed to you. If the court does not have a prepared packet, some questions to ask include: -Whether the court requires you to hire a lawyer, or whether you can represent yourself -Where you can find the required legal forms (in some states, they will be available online) 3. Find and submit required legal forms. Many states allow certain publishing companies to stock and sell legal forms to the public for court procedures. In other states, they are available online. These forms will ask questions about you and the child you want to adopt. For example, they may ask: -The child's current name, and what it will be after the adoption -Where the child was born Typically you will need to provide some proof of this information, such as a child's birth certificate, a marriage license, and a copy of the noncustodial parent's consent. If you hire a lawyer, he or she will take care of this step for you. 4. Go to the hearing. Once your forms have been submitted, a hearing (court) date will be assigned. How long it takes to get a hearing varies based on where you live and how busy the court is. It may be anywhere from a few weeks to a few months. You may be notified of the date by mail or by your lawyer. You will probably be required to go to this hearing. A judge (or magistrate) will ask questions of everyone involved. Your lawyer can give you more information about what happens during hearings in your area. At the end of this hearing, the judge or magistrate will set a date for the adoption to be finalized. 5. Finalize the adoption. Adoption certificates are issued at a second hearing, which may be a few months (or longer) after the first hearing. You may wish to request extra copies of this legal document for your files. Your lawyer or the court will tell you whether or not you need to go to this hearing. 6. Apply for a new birth certificate. When the adoption is final, you can apply for a new birth certificate for your child. This certificate will have the child's new name, if changed, and list the stepparent as his or her parent. T AX AND F INANCIAL C ONSIDERATIONS Adopting a grandchild may cause you to lose some types of financial help you already have. For example, if the grandparent gets a "child-only" grant from the Temporary Assistance for Needy Families (TANF) program, that grant will be terminated if the grandparent adopts the grandchild. However, the grandparent may be able to get support from other programs like Social Security or the federal adoption subsidy program for children with "special needs." Because grandparent adoptions qualify for the Federal Adoption Tax Credit, http://www.irs.gov/taxto pics/tc607.html and are not ordinarily highly contested proceedings, legal fees and court costs incurred for the grandparent adoption can often be fully recouped when the grandparents' tax return is filed. Source: The Child Information Gateway