In Re the Adoption of G.D.L.
1987 Okla. LEXIS 273, 1987 OK 115, 747 P.2d 282 (1987)
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Rule of Law:
A grandparent does not have standing in equity or under statute to intervene in their grandchild's adoption proceeding by unrelated third parties to either establish visitation rights or to pursue their own adoption of the child.
Facts:
- G.D.L. was born to unwed parents.
- Both the mother and father of G.D.L. consented to her adoption.
- An unnamed couple, who are not related by blood to G.D.L., filed a petition to adopt her.
- The maternal grandmother of G.D.L. wished to secure visitation rights with the child.
- As an alternative, the maternal grandmother also sought to adopt G.D.L. herself.
Procedural Posture:
- An unnamed couple filed a petition to adopt the minor child, G.D.L., in the district court.
- The maternal grandmother of G.D.L. filed a motion to intervene in the adoption proceeding.
- The grandmother's motion sought to secure visitation rights post-adoption or, alternatively, to allow her to adopt the child.
- The district court denied the grandmother's motion to intervene, finding she lacked legal standing.
- The grandmother, as appellant, appealed the district court's denial of her motion to intervene.
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Issue:
Does a grandparent have standing to intervene in an adoption proceeding of their grandchild by unrelated third parties to either secure visitation rights or, alternatively, to adopt the child herself?
Opinions:
Majority - Summers, Justice
No. A grandparent lacks standing to intervene in an adoption by unrelated third parties because grandparental rights are strictly governed by statute, which does not provide for intervention or visitation in such circumstances. The court reasoned that adoption matters are entirely controlled by the legislature, and adoption statutes must be strictly construed. The relevant Oklahoma statutes, 10 O.S. § 5 and § 60.16(3), only permit grandparental visitation in adoption cases where the child remains with at least one blood relative, such as in an adoption by a stepparent or another relative. Because the prospective adoptive parents in this case are 'blood strangers,' the statutory exceptions do not apply, and the court will not create such rights in equity. The court distinguished 'In re: Bomgardner,' on which the grandmother relied, because it did not involve an adoption by third parties. Public policy supports the complete severance of old family ties in adoptions by non-relatives to allow the new family unit to form without encumbrance. Furthermore, a grandparent has no legally protected 'interest' under the intervention statute, 12 O.S. § 2024, to pursue her own adoption, as an adoption proceeding is not intended to weigh competing interests among various families but to determine if the petitioners are suitable.
Analysis:
This decision firmly establishes that grandparental rights in the context of adoption are a matter of legislative grace, not inherent right. The court's refusal to use its equitable powers to grant standing reinforces the principle of strict statutory construction in adoption law. This ruling solidifies the public policy of creating a 'clean slate' for children adopted by non-relatives, prioritizing the integrity and autonomy of the new adoptive family unit over the biological ties of extended family. Consequently, the case significantly narrows the avenues for grandparents seeking to maintain contact with grandchildren after parental rights are terminated and an adoption by non-relatives is finalized.
