In a recent 2023 case, the Indiana Court of Appeals determined, in part, that you can be too old to adopt a child.
An 8 year old child was the subject of this recent Appellate case, In re: the Adoption of P.J.W. In this case, the child’s Mother was deceased and had been living with his maternal grandparents full-time since 2020. Also in 2020, the Grandparents established a permanent guardianship over the child, without objection from Father. Father has a significant criminal history and has been incarcerated much of the child’s life. In 2022, Grandparents filed a petition to adopt the child, to which Father objected.
After a hearing, the trial court determined that Father’s consent to the adoption was not required based upon his failure to provide support for Child when able to do so.
However, the trial court then concluded that the adoption by Grandparents was not in the child’s best interests. In support, the court primarily relied on the age of Grandparents (they would be 86 and 82 at Child’s 18th birthday) and the fact that Grandparents had a guardianship over the child, such that they were able to provide care for him, even if not as a permanent parent-child relationship. The trial court was also concerned that the Grandparents appeared to be blocking Father’s efforts to see Child.
Although the Court of Appeals acknowledged this was “an extremely close case,” it upheld the trial court’s order denying the adoption.
One Appellate Judge wrote separately to dissent, arguing that the Court showed “clear age bias” against the Grandparents and that the adoption petition should have been granted because of how close the child is to his grandparents and the unfitness of the child’s Father.
If you’ve done the math, Grandparents were age 64 and 68 at the time they sought to become their grandchild’s adoptive parents. This case doesn’t necessarily mean that a trial court would rule the same under similar circumstances, but certainly raises important issues for grandparents or others seeking to adopt a child to provide them with a stable and permanent home. All of the legal issues surrounding adoptions can be complex and the family law attorneys at Beckman Lawson are happy to discuss them with you.