Grandparent Rights & Adopted Baby

by Gail from Jacksonville, Florida, Duval County

Grandparent Rights & Adopted Baby: My daughter adopted my grandson to a family. Can I as a grandparent get the baby? My daughter was under severe duress when she signed adoption papers in Florida. I did not even know she was pregnant.



I have a close family and am devastated that she is letting another family raise my grandson. Do I have any rights?

Answer to Florida Adoption Question

Dear Gail,

Unfortunately, grandparents do not have many rights when it comes to their grandchildren.

If you believe that your daughter was not of sound mind you may be able to have the adoption revoked.

However, it is not an easy or common process.

You don't say how long ago the adoption took place, and there is a time period of one year, when revocation is even possible.

The following language is on the Florida Supreme Court approved form for a parent's consent and waiver for a stepparent adoption:

I understand my legal rights as a parent and I understand that I do not have to sign this consent and release of my parental rights. I acknowledge that this consent is being given knowingly, freely, and voluntarily.

I further acknowledge that my consent is not given under fraud or duress. I understand that there is a "grace period" in Florida during which I may revoke my consent. If the child to be adopted is older than 6 months at the time of consent, this grace period is for 3 days or until the child has been placed with the prospective adoptive parents, whichever is later.

I understand that, in signing this consent, I am permanently and forever giving up all my parental rights to and interest in this (these) minor child(ren) and that this consent may only be withdrawn if the Court finds it was obtained by fraud or duress. I voluntarily, permanently relinquish all my parental rights to this (these) minor child(ren).

Your daughter likely signed a form or document with similar language.

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