Do grandparents have the same rights as parents when it comes to making medical decisions for their grandchild?

The answer to this question is a bit complicated and depends on the circumstances. In Maryland, grandparents have some legal rights when it comes to making medical decisions for their grandchild, though they are not the same as the rights parents have. The Maryland General Assembly passed a law in 2009 that gives grandparents the right to assume certain decision-making authority over the medical care of their grandchildren in certain situations. Under this law, a grandparent can petition the court to become a “legal guardian” of their grandchild, and once this is done, they have the same rights as a parent in terms of making medical decisions. However, the law also states that grandparents may only be granted the right to make medical decisions in certain specific cases. Specifically, the law states that the child’s parents are either deceased, or are considered to be neglectful or otherwise unfit to make responsible decisions. In other words, this law does not give grandparents carte blanche to make any and all decisions regarding a grandchild’s medical care. In summary, while grandparents in Maryland have certain rights when it comes to making medical decisions for their grandchild, these rights are not the same as what parents have, and are dependent on certain criteria being met first.

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