The siblings of a parent with a substance abuse disorder often step up when addiction compromises family stability. They may begin taking daily care of their nieces and nephews and paying for their basic needs. They often open their homes to the children, especially if their parents struggle to maintain a job or face criminal charges.
While this arrangement may initially be informal and temporary, it sometimes becomes obvious that the children are safer, healthier and happier with their aunts or uncles than they are with a parent struggling with addiction. In such cases, people already caring for their nieces and nephews can sometimes adopt them. The process can be complicated, but it can be beneficial for the children.
Parents must give up their rights before an adoption
For a kinship or relative adoption to occur, the legal parents of a child must give up their parental rights, and the courts must agree that the adoption is in the child’s best interests. A parent struggling with addiction or facing time in prison may sign paperwork voluntarily surrendering their parental rights to facilitate a sibling’s adoption of their children.
Other times, proof of addiction and of unsafe circumstances for the children could help concerned aunts and uncles convince the courts to terminate parental rights and to approve a kinship guardian based on the support they have consistently provided to their nieces and nephews. Such cases may take longer to complete.
Kinship adoptions are the easiest when everyone agrees on their necessity, but pursuing them can potentially be beneficial even in cases where parents resent the intervention. Discussing the possible need for a kinship adoption due to substance abuse issues with a legal professional can help concerned family members intervene for the protection of children endangered by addiction.