Stepparent Adoption Laws
- Adopting stepchildren is the most common form of adoption, according to the Child Welfare Information Gateway.Child image by Serenitie from Fotolia.com
Laws for stepparents who wish to adopt their stepchild or stepchildren vary from state to state, so stepparents should check their state adoption laws. But, in every instance, the noncustodial parent relinquishes all parental obligations and is not required to pay child support.
States generally simplify the process for stepparent adoptions. For instance, some states might not require attorney representation. Some states also waive the obligatory home study that determines how safe and suitable a home is for the child in question. But these same states may require a criminal background check. - In order to adopt a stepchild, both of the child's biological or legal parents must give their consent. Consent verification varies; many states are satisfied with a written statement from the noncustodial parent, but quite a number require the noncustodial parent to appear before a judge or file court papers. Certain states even require that this parent go through counseling or have her rights thoroughly explained by a medical professional or lawyer.
Some states allow stepchild adoption even if the noncustodial parent contests the adoption. The court may waive the noncustodial parent's rights if he has been out of the child's life for a prolonged amount of time as determined by the court. - Juvenile court handles adoptions in some states, but family court or surrogacy court handle adoption cases in others. After you determine which court will handle your adoption process, speak to the court clerk or someone who can give you more information about the legal process involved. Many courts have information packets that can be mailed to interested individuals. Regardless, you must determine whether you have to hire a lawyer and where you could find the adoption forms. Submit completed forms and required supplementary material--such as the child's birth certificate, a marriage license or the noncustodial parent's consent letter--to the court.
- A judge will determine whether you are fit to be your stepchild's legal parent.judge 5 image by Mykola Velychko from Fotolia.com
The court will assign you a hearing date. This date could range from a few weeks to a few months after your papers were submitted. If you have a lawyer, discuss probable questions the court might ask you at this hearing. The judge will set a second hearing where the outcome of the adoption will be determined. - If the adoption is successful, the court will issue adoption certificates at the second hearing. It is possible to request extra copies if you so desire. Depending on your court regulations, you may not need to go to this second hearing.
- Once you become your stepchild's legal parent, you can apply for a new birth certificate. The stepparent will be listed as the stepchild's parent. Any name changes the stepchild undergoes will also be taken into account.