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IN: May child?s grandfather adopt the child, while the child?s mother retains her parental rights?

By Alliance Alert

Eugene Volokh writing at The Volokh Conspiracy: "That?s the issue in In re Adoption of A.M., decided yesterday by the Indiana Court of Appeals. The biological father was fine with the adoption, which terminated father?s parental rights ? the plan was basically for the grandfather (on the mother?s side) to take on the father role, with the mother retaining her role as mother. Indiana law appears not to allow this; the relevant statutes provide that an adoption severs both biological parents? parental rights, unless 'the adoptive parent of a child is married to a biological parent [or previous adoptive parent] of the child.' There is no provision for a child?s parents to switch from biomom+biodad to biomom+someone who isn?t married to biomom."

Full post as published by Constitutionally Correct on July 26, 2010 (boomark / email).