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

When it comes to making medical decisions for a grandchild, grandparents have limited rights in the state of New York. According to the New York Grandparents Rights Law, a grandparent may bring a court action for visitation if the grandparent’s child (the parent of the grandchild) has died or divorced and there has been an order denying visitation to the grandparent. However, the grandparent’s right to make medical decisions for their grandchild is not absolute and is limited. Generally, a grandparent will only be able to make health care decisions for their grandchild if the parents have not made a health care decision for their child, if the parents are not available to make a health care decision for their child, or if the grandparent is the legal guardian of the grandchild. So, while New York law does provide grandparents with the right to pursue legal visitation of their grandchild, that right does not typically extend to making medical decisions on their grandchild’s behalf. In most cases, the parents or legal guardian of the grandchild will continue to be the ones responsible for making medical decisions for the child. It is important for grandparents to be aware of their limited rights when it comes to making medical decisions for their grandchild.

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