In this answer · 2 sections
Whether a step-grandparent can adopt a grandchild in Rhode Island depends on your family's facts, so the Family Court clerk in your county or an attorney should confirm it for your situation. The rules below are the ones that apply to adoption petitions generally and may bear on yours.
Who may be adopted: For a child under 18, the adopter must be older than the child. The statute names no specific number of years between them (R.I. Gen. Laws § 15-7-4). Whether a step-grandparent in particular may be the adopter is a question for the clerk or an attorney.
Where you file:
- For a child under 18, the petition goes to Family Court.
- If your grandchild is 18 or older, the petition goes to the probate court in the city or town where you live, such as Providence, Warwick, Cranston, Pawtucket or East Providence.
Residency: Rhode Island sets no minimum number of months you must have lived in the state before filing. Confirm with the clerk where you should file.
Consent:
- A child who is 14 or older must consent to the adoption (R.I. Gen. Laws § 15-7-5(a)).
- For an adoptee 18 or older, the consent of, or notice to, the adoptee's parents is not required (R.I. Gen. Laws § 15-7-5(a)).
- How the consent of the child's parents works in a step-grandparent case depends on your facts, including whether a parent is living, reachable or objecting. An attorney can advise you on that.
Abandonment: Rhode Island's abandonment provision refers to a period of 6 months (R.I. Gen. Laws § 15-7-7). If a parent's rights are at issue because of abandonment, or if anyone in the family disputes the adoption, speak with an attorney. These cases turn on specific facts.
Home study: Rhode Island waives the home study in stepparent adoptions (R.I. Gen. Laws § 15-7-11). Whether it is waived when a step-grandparent is the petitioner is something the Family Court clerk can confirm.
Timeline: A stepparent adoption in Rhode Island typically takes 3-6 months. An adult adoption typically takes 4-8 weeks.
Stepparent adoption in Rhode Island at a glance
- Court
- Family Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Rhode Island families we've helped
- 26
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