How do I adopt a grandchild?

To adopt your grandchild, you must follow a legal process that may vary depending on your jurisdiction. While the specific steps can differ in the Commonwealth of Kentucky, dependent upon the county and family court judge that presides over the process, here is a general overview of the adoption process for a grandchild:

1. Understand the Legal Requirements: Research your jurisdiction's adoption laws and requirements to ensure you meet the necessary criteria. In Kentucky, the requirements to petition for adoption are set out in KRS 199.470. Biological grandparents may petition for adoption because they are blood relatives. If you are a step-grandparent, you may be eligible to adopt if specific other criteria are met. 

2. Consult with an Attorney: It is advisable to consult with a family law attorney who specializes in adoption to guide you through the process. They can provide advice tailored to your circumstances and help you navigate legal complexities. You DO NOT want the adoption to be overturned later due to an error in the process. 

3. Obtain Consent or Terminate Parental Rights: You may need to obtain consent from the biological parents for the adoption to proceed. If the biological parents are unable or unwilling to provide consent, you may need to pursue termination of their parental rights through the court. This process typically involves filing a petition specifically requesting the termination and demonstrating that it is in the child's best interests.

4. File Petition for Adoption: With the assistance of your attorney, file a petition for adoption in the appropriate court. This petition will outline your relationship with the grandchild and your desire to adopt and provide supporting documentation such as birth certificates, consent forms, or termination orders.

5. Home Study and Background Checks: The court or adoption agency may require a home study, which involves an assessment of your home environment, family dynamics, and interviews with family members. Background checks may also be conducted to ensure the safety and well-being of the child.

6. Attend Adoption Hearings: You must attend adoption hearings scheduled by the court. These hearings review the information provided, evaluate the child's best interests, and finalize the adoption. Both you and the child may be required to attend these hearings. Your adoptee is required to attend the adoption hearing. However, if the judge needs to make a determination regarding termination of parental rights, there will be two separate – one hearing to terminate parental rights and a second hearing to finalize the adoption. 

7. Obtain a New Birth Certificate: Once the adoption is finalized, you can request a new birth certificate for the grandchild reflecting their new legal parentage. This request is made through the Kentucky Office for Vital Statistics. The new document replaces the original birth certificate and lists you as the child's parent.

It's important to note that the adoption process for a grandchild can be complex, and the specific requirements and procedures may vary by jurisdiction. It is advisable to consult with an attorney who can guide you through the process and ensure compliance with all necessary legal steps.