If a grandchild was given up for adoption, does a grandparent have any rights to see him/her?

By Mary Ann Burmester
February 02, 2017
If a grandchild was given up for adoption, does a grandparent have any rights to see him/her?

Yes, and that is under the Grandparent’s Visitation Privileges Act. That's one of the four categories that gives a grandparent standing to go into court – i.e., a child is being put up for adoption and you are the biological grandparent of that child, and you had a good solid, steady relationship with that child. We see this more when the parents’ rights are being terminated for abuse and neglect by the state of New Mexico.

For example, say the child is seven years old but that child knew the grandparents and had an ongoing relationship and is now being put up for adoption. In that situation, the grandparent can come in. If the baby's a couple of months old, there's no time to have established a bond and an ongoing relationship, then in that case it's less likely that a grandparent would get court-ordered visitation with a baby that's being put up for adoption.

Mary Ann Burmester is a family lawyer practicing in Albuquerque, New Mexico and has more than 25 years of experience in family law. To learn more about Mary and her firm, NM Divorce & Custody Law LLC, visit www.nmdivorcecustody.com.

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February 02, 2017
Categories:  FAQs

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