Atkinson & Kelsey, P.A.
Local:505-796-6238 Toll-Free:888-350-5903
Map & Directions Menu

Can grandparents seek visitation rights in adoption cases?

No matter how much a grandparent loves his or her grandchild, certain life events can stymie the grandparent's ability to spend the time with their grandchild necessary to foster a healthy and supportive relationship. One of these life events is the adoption of the child. If a child is being adopted in New Mexico, can his or her grandparents seek visitation rights?

In general, if a child is adopted, then his or her biological parent's rights are terminated. However, a child's biological grandparent has the right under New Mexico Statutes Section 40-9-2 to move the court for visitation rights after the adoption or the pending adoption of his or her grandchild by another person in certain circumstances.

If the adopting parent is the child's stepparent, then a biological grandparent can seek visitation rights. This is true even if the stepparent adoption terminates the parent's parental rights. Also, if the adopting parent is a relative of the child, then a biological grandparent can seek visitation rights. A biological grandparent can also seek visitation rights if the adopting parent is an individual named in a deceased parent's will as the person who is to care for the child. In addition, a biological grandparent can seek visitation rights if the adopting parent was the individual who served as the child's sponsor when the child was baptized or confirmed through a church.

As this shows, in limited circumstances, if a child is being adopted it still may be possible for a grandparent to seek visitation rights. This can provide the child with an important connection to his or her biological grandparents, so that the two can enjoy a healthy and supportive relationship with one another. This benefits not only the grandparent, but it may be in the best interests of the child as well.

No Comments

Leave a comment
Comment Information