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Regarding biological parent in an open adoption: Can the Bio…

Regarding biological parent in...

Regarding biological parent in an open adoption: Can the Bio parent request a legal instrument that in the event of the adoptive parents simultaneously expire before the child turns 18 that the bio parent's parents will be given the right to be given the right to establish relationship and possibly become, in the event there is not a proper placement for the child, the legal guardian for the child.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

Child is in temporary custody with the adoptive family. BUT rights HAVE NOT been termed on bio side. Baby was born May 7.

Lawyer's Assistant: Family law varies by state. What state are they in?

Oklahoma

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Answered in 8 minutes by:
5/9/2018
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 626
Experience: Family Law litigator for over 35 years
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Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

Ask Your Own Family Law Question

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

There is a way to do this, if the adoptive parents are willing. You can ask them to insert a clause into their Wills nominating the biological parent's parents as the custodians and legal caretakers of the child upon their deaths.

Such clauses are not automatically enforceable, but probate courts give them great respect.

Hopefully, as this is an open adoption, the parent's parents will have built a relationship with the child over the years, so transition would be smooth for the child.

Sue

Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 626
Experience: Family Law litigator for over 35 years
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