Sunday, January 8, 2006

Case Law Development: Grandparents Have No Right to Notice of Adoption Proceedings

The Supreme Court of Arkansas held that even if grandparents have existing court-ordered visitation rights with their daughter's child, they are not entitled to notice of pending adoption proceedings, so long as their daughter (the child's parent) is alive.  The court explained that Arkansas statutes ordinarily require that notice of adoption proceedings need be given only to those whose consent to the adoption is required. One statutory exception for notice to grandparents exists but only in those situations in which the parent of the child is deceased, in which case notice to the deceased parent's parents is required.  Since the parent of the child in question in this case was still alive and have given her consent to the adoption, the court affirmed the trial court's denial of the grandparent's motion to vacate the adoption.

Henry v. Buchanan, 2006 Ark. LEXIS 5  (January 5, 2006)
Opinion on the web at http://courts.state.ar.us/opinions/2006a/20060105/05-533.html (last visited January 8, 2006)

http://lawprofessors.typepad.com/family_law/2006/01/case_law_develo_5.html

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