How to Legally Adopt your Grandchild
The number of American grandparents raising their grandchildren is on the rise. From parents struggling with drug addictions to military deployments to an increase in incarcerated mothers, several factors have forced grandparents to step in as parents to their grandchildren.
However, despite the close blood relationship, many grandparents are not the legal guardians of the children they are raising. The same goes for stepparents that want to adopt their step children. Consequently, they often experience difficulties executing parental roles, including day-to-day tasks like enrolling the child/children in schools or obtaining insurance for them. While some may view a grandparent’s legal adoption as unnecessary, our Texas adoption attorneys at the Fox Firm recommend it while assuring grandparents of the benefits.
The Benefits of Legally Adopting Your Grandchild
Legal grandparent adoption benefits both the grandparent and the grandchild they are raising. Notably, it gives the grandparent the full parental rights necessary to parent a child successfully. Besides the legal benefits, a grandparent’s legal adoption also has emotional benefits. Here are some benefits of adopting your grandchild.
- Legal Recognition: Legally adopting your grandchild allows you to make critical decisions on their behalf as if they are your children. The Texas law recognizing you as the legal parent simplifies everyday tasks like enrolling the child in school and making healthcare decisions for them. Typically, these tasks can be challenging to execute without legal guardianship.
- Financial Benefits: Besides simplifying day-to-day tasks, legal adoption makes it easy for a grandparent to provide for the grandchild they are raising. For instance, you can now easily obtain insurance for your adopted grandkid or designate them as a beneficiary.
- Emotional Stability: According to children adoption experts, living with blood relatives provides greater emotional stability to children compared to foster care. In most cases, the child has experienced some form of disruption in their home life and requires stability. Legally adopting your grandchild gives them the much-needed emotional stability as they will no longer question their place in the family. The emotional benefit of adoption is probably the most important one as it allows the child to grow up confident and secure.
How to Adopt Your Grandchild in Texas
- Termination of Parental Rights
Before you can adopt your grandchild, all other parental rights must be terminated. According to Texas law, parental rights are terminated through an Affidavit of Relinquishment. Terminating parental rights can be a difficult step in the adoption process, especially when the child’s parents are unwilling to relinquish their rights despite obvious neglect or abuse. However, a skilled adoption attorney can help you successfully navigate the step.
- Complete Home Study
Even if you have been living with your grandchildren for some time, the law requires the Texas Department of Family and Protective Services (DFPS) or a licensed home study agency to conduct a complete home study. A home study is meant to confirm your ability to provide a safe, healthy environment for the child. It entails proving to the court that you understand all your parental obligations and are ready to adopt and raise your grandchild. A complete home study typically costs between $500 and $1500. There are typically other costs to adoption.
- Child Consent
According to Texas law, any child 12 or older must consent to legal adoption. The court will not approve an adoption without the child’s consent unless on the rare occasion where they believe the child is not acting in their own best interest. In Texas, the child gives consent by signing a simple document an adoption attorney provides.
- Court Hearing
The final step in a grandparent’s legal adoption is a court hearing. The court hearing entails establishing whether the parental rights have been terminated and if you meet all the adoption requirements. In most cases, the hearing is relatively simple, and termination of parental rights and grandparent adoption can happen in one hearing. However, every adoption case is different, and some are complicated hence the need to seek the help of a skilled and experienced Texas adoption attorney.
Contact a Texas Grandparent Adoption Attorney
It is every child’s right to grow up in a stable, safe, and loving home environment. You can secure this right for your vulnerable grandchild by legally adopting them. Our skilled and experienced grandparent adoption lawyers at Fox Firm are committed to helping you navigate the often complex adoption process. If you are in Texas and are seeking to legally adopt your grandkid, we are here for you. Contact us today to schedule a consultation and learn more about our services.