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Do Grandparents have adoption rights?

We (my family) lost our grandson to adoption. The Birth mother lied and we can prove it by emails and other documents. Has anyone known of their son retrieving their child back? Well, if not you will soon, because we are getting closer and we will disrupt this adoption!

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Kidsmamabear

Asked by Kidsmamabear at 11:29 PM on Oct. 29, 2008 in Adoption

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Answers (40)
  • I think you need a lawyer. Also some states have these weird laws where the father has to stake his claim (however they call it) within a certain time period or he loses his rights. I saw it on Dr. Phil not too long ago.
    lisa89j

    Answer by lisa89j at 11:40 PM on Oct. 29, 2008

  • I don't know what state you are in, but in the state of Ohio, the Birth-Father would of had to of done some things to even have a prayer of disrupting an adoption.

    1. He would of had to of put his name down on the Birth-Father registry as possibly being the father of the baby before adoption is finalized.

    2. He would of had to of supported the Birth-Mother financially and emotionally during her pregnancy...and PROVE that he did it.

    However, if the adoption is already finalized, I really don't think there's anything he can do. The laws have majorly gone into the favor of the Adoptive-Families in that aspect.
    AllAboutKeeley

    Answer by AllAboutKeeley at 11:43 PM on Oct. 29, 2008

  • No I don't believe Grandparents have any rights at all. Birth fathers do, but unfortunately, allaboutKeely is dead right about adoption laws being stacked against the birth father and for the adoptive families. If you are going to sue do it fast. The longer you leave it the harder it will be.
    onethentwins

    Answer by onethentwins at 11:54 PM on Oct. 29, 2008

  • There were two very famous cases where birth fathers regained custody of their children. The baby jessica/anna schmidt case http://law.jrank.org/pages/3577/Baby-Jessica-Case-1993-Battle-Over-Jessica-Continues.html and the case of Baby Richard http://en.wikipedia.org/wiki/Baby_Richard_case
    onethentwins

    Answer by onethentwins at 11:55 PM on Oct. 29, 2008

  • Almost forgot. I am so sorry for your loss.
    onethentwins

    Answer by onethentwins at 11:57 PM on Oct. 29, 2008

  • it depends... r u going to raise the child yourself or are u fighting to get ur son's rights back?
    i think since you are considered a blood relative & if your sons on the brith certificate you have rights,,,
    my cousin has to share visitation w/her ex's parents
    vakatia

    Answer by vakatia at 12:09 AM on Oct. 30, 2008

  • Goodness...unless he is on the birth certificate and can prove that the adoption was not legal, I don't know how he could possibly get his son back. All adoptions have to post a 30 day notice in the local paper stating that the adoption is about to take place and if anyone is the father they have 30 days to respond or there rights will be terminated. After that, they can't do anything to disrupt the adoption. They even published that for our foster daughter before we adopted her. I'm wondering how the birth mom lied and what kind of documents would show that. Also, I can imagine this is hard for your family, and if she did lie, I hope your son wins his son back.
    LizClara

    Answer by LizClara at 2:21 AM on Oct. 30, 2008

  • BUT...I would ask that you be sensitive to the adoptive parents' feelings in all this. If you win your grandson back, they will be in a world of hurt, and will need you to be understanding and not look at them as the guilty ones. Unless of course they were involved in this whole mess...but even then, I would still try to find a way to be sensitive of there feelings.
    LizClara

    Answer by LizClara at 2:21 AM on Oct. 30, 2008

  • I am sorry to hear about your grandson. It is sad that father's do not have as many rights as women.

    Is the adoption final? I have never heard of an adoption being disrupted after finalized. All of the adoption cases in the news that have disrupted began before finalization.
    I assume you already have an attorney and if you don't, you should get on ASAP.
    luckyshamrock

    Answer by luckyshamrock at 9:44 AM on Oct. 30, 2008

  • I forgot to add grandparent's have no rights. If the mother and father sign, grandparent can not do anything. It would have to be his rights that are not returned. I assume he wants the child not just you.
    luckyshamrock

    Answer by luckyshamrock at 9:46 AM on Oct. 30, 2008

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