Stepparent Adoption

Stepparent adoption is the most common type of adoption in the United States. A stepparent who adopts their spouse’s child becomes their legal parent. They have the same responsibilities as the birth parents. After completing the adoption process, the noncustodial parent is no longer the child’s legal parent.

Adoption law varies by state. If you’re wondering how stepparent adoption might work for you, consult with a local stepparent adoption attorney to learn your options.

Adoption By a Stepparent

Adoption is the process where a child becomes the permanent legal child of another parent. Adoption and stepparent adoptions depend on state law. Most states make the process simpler for stepparents than other prospective adoptive families. But formally adopting a stepchild involves several steps. It may include:

• Contacting an experienced adoption lawyer
• Checking state laws for stepparent adoption eligibility
• Contacting the family court or juvenile court in your state
• Filing the adoption petition and paperwork with the court
• Attending any preliminary adoption hearing
• Completing any probationary periods or post-placement visits
• Finalizing the adoption
• Applying for a new birth certificate

Most stepparents must have a criminal background check before they can adopt. Most adoptions require a home study. But this may not be necessary for a stepparent adoption if the child already lives with you.

If the court requires it, a home study may include an in-home visit by a social worker. This may also include interviews with you, your spouse, and the child. A home study may also involve talking to any other children in the home.

Depending on the state, some stepchildren over a certain age must also consent to the adoption.

Guardian Ad Litem in Stepparent Adoption

The court may appoint a guardian ad litem to represent the child. Guardians ad litem can include attorney guardians and volunteer guardian advocates. They will represent the best interests of the child. If you’re the child’s parent, you may think this step is unnecessary — you’re already acting for your child’s well-being. But the court may require a guardian ad litem for an impartial recommendation.

Can You Adopt a Child Over 18?

In most states, an adult (including a stepparent) can adopt another adult. In many circumstances, adopting an adult is actually easier than adopting a minor. Your stepchild can consent to their own adoption instead of seeking their biological parent’s consent. Some states require a specific age gap for adult adoption.

Rights of the Noncustodial Parent After Adoption

A child can’t have more than two legal parents. So, stepparent adoption gives a stepparent legal status as the parent and takes it away from the noncustodial parent. To complete the adoption process, the birth parent (biological father or mother) who doesn’t live with the child must lose their parental rights. This may require a court order terminating parental rights.

To get a stepparent adoption, both the child’s parents need to consent. This can be complicated if your child’s other parent doesn’t want the process to go through. You may adopt if the child is abandoned by their other biological parent. This generally requires demonstrating to the judge that you can’t locate the other parent.

Suppose the child’s noncustodial parent doesn’t want to consent to the adoption. The court may still approve a stepparent adoption based on the child’s best interests. A termination of parental rights is a major step. The court won’t take this process lightly. Talk to your adoption attorney about the legal options for stepparent adoption in your state.

Can a Same-Sex Married Couple Adopt a Stepchild?

If you’re in a same-sex marriage, you can adopt your partner’s child as a stepparent. The process for same-sex couples is the same as for heterosexual couples. However, if the child was born in another country or is a resident of another country, an international stepparent adoption may require following the adoption laws of that country, which may not allow same-sex adoptions.

How Does International Stepparent Adoption Work?

As a U.S. citizen who is a stepparent of a child in another country, you may petition for your stepchild to immigrate to the U.S. You can also petition to adjust the child’s legal status if you married the birth parent before the child’s 18th birthday.

How Can an Adoption Lawyer Help?

Stepparent adoption laws can vary by state. To avoid problems, get legal advice from an experienced adoption lawyer who knows the process for stepparent adoptions. They can guide you through your entire adoption case and avoid any unnecessary legal issues.