Attorney Steve Kirsh Examines Visitation Rights of Grandparents of Adopted Grandkids

Steve Kirsh, a founding attorney at Kirsh & Kirsh, P.C., who has over thirty-five years’ experience as an adoption attorney, is educating Indiana grandparents about House Bill 1245. If passed, HB 1245 will grant a notification of adoption to grandparents with existing rights to petition for visitation of their grandchild. The notice would also make grandparents aware of possible visitation termination if they choose to not go to court through a separate action to seek a visitation order.

“HB 1245 has nearly completed its journey through both chambers of the Indiana General Assembly and will soon arrive on the Governor’s desk,” said Kirsh. “Under current law, Indiana Code 31-17-5 gives grandparents rights of visitation with their grandchildren when the parent of the child is deceased, the marriage of the parents ended in divorce, or the father of a child born out of wedlock has established paternity.”

Furthermore, grandparent visitation survives the adoption of the child by a stepparent or biological relative of the child. HB 1245 requires that grandparents who could assert visitation rights be given notice of an adoption if the visitation rights would survive the adoption. HB 1245 specifically provides that the grandparents may not contest the adoption, but alerts them to the adoption in order for them to exercise their right to grandparent visitation.

“The bill further provides that the grandparents must file their petition for visitation prior to the entry of a final decree of adoption,” concluded Kirsh. “This bill will not impact non-relative adoption of children because grandparent visitation does not survive the adoption of a child by a non-relative. It mostly impacts stepparent adoptions of children.”

About Steve Kirsh, adoption attorney at Kirsh & Kirsh, P.C. 
Steve Kirsh has practiced adoption law in Indiana for over 35 years. Kirsh & Kirsh, P.C. adoption lawyers serve prospective adoptive parents throughout Indiana and from around the country in all aspects of the adoption process. It also offers free assistance for birth mothers every step of the way as they consider placing their babies for adoption. The law office is located at 2930 E 96th St., Indianapolis, IN 46240.

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