Are Grandparents Entitled to Notice of a Step-Parent Adoption?

The Indiana Court of Appeals recently addressed two issues of first impression concerning grandparent rights in relation to an adoption. In this regard, the Court in In re the Adoption of B.C.H., considered 1) whether or not grandparents are entitled to notice of an adoption; and 2) whether a grandparent that has served as de facto custodian of a child must consent to his or her adoption. As to the first issue, the Court noted that pursuant to Indiana Code §31-19-9-1, a trial court may only grant a petition to adopt a child who is less than eighteen (18) years of age if written consent has been executed by "each person, agency, or local office having lawful custody of the child whose adoption is being sought." Likewise, Indiana Code § 31-19-2.5-3 provides that notice must be given to a "person whose consent to adoption is required under (I.C.§) 31-19-9-1." Ultimately, the Court held that "lawful custody" is equivalent to "legal custody," that is, court-ordered custody. As such, grandparents are only entitled to notice of an adoption if they have legal custody of the child. Concerning the second issue, the Court held that the consent of a grandparent that has been adjudicated a de facto custodian of a child but does not have legal custody of the child is not required.

Based on this decision, it appears that the consent of a grandparent of a child to an adoption will only be required if he or she has legal, court ordered custody of the child (as opposed to merely informally serving as the child's primary caregiver). Likewise, notice is not required to be served to a grandparent unless they have legal custody of the child.