NCJ Number
115601
Journal
New York University Law Review Volume: 59 Issue: 3 Dated: (June 1984) Pages: 633-675
Date Published
1984
Length
43 pages
Annotation
This paper argues that visitation by natural relatives after adoption is often in the child's best interests and proposes a model statute that authorizes courts to award such rights under certain conditions.
Abstract
Following an overview of the current statutory framework for visitation and adoption, the paper concludes that constraints of termination provisions and judicial misapplication of the best interests standard have prevented many adopted children from continuing beneficial relationships with grandparents, siblings, and other natural relatives. The paper discusses the role of the State as parens patriae to promote and protect the child's welfare and how it gives the State the right to be involved with the adoptive family. Two benefits of postadoption visitation are cited: (1) such visitation may help the court order an adoption where it otherwise would be unable to do so; and (2) visits may promote a child's integration into the adoptive family. The model statute emphasizes that the courts must confirm the existence of a substantial relationship between the child and the petitioner and determine that visitation rights not unduly disrupt the adoptive family. Other factors to be considered include the relationship between the family and the petitioner and the child's wishes. 213 references.