Stepchild Adoption
What is "stepchild adoption"?
Step-child or step-parent adoption is actually the most common form of adoption in the United States. It refers to a process by which a step-parent assumes the financial and legal responsibility for the children of his or her spouse. Generally, both the custodial and the non-custodial spouse have to consent to a step-child adoption.
If a biological parent is deceased, how does that affect stepchild adoption?
If the non-custodial parent is deceased, you will want to be able to provide a copy of the death certificate, but most importantly you want to make sure you're sensitive to the childs grieving process, if they're still going through that, then because you are changing the parental situation, you want to make sure the child is comfortable and has had adequate time to welcome the step parent in a new parental role.
What if a non-custodial parent will not consent to a stepchild adoption?
In some states, if the non-custodial parent objects to the adoption, it cannot move forward. In other states, there are provisions for the adoption to move forward even if the non-custodial parent objects, particularly if that parent has maintained very little contact or communication with their child. The adoption laws vary from state to state, so it is really important to check with your particular state what the the laws that govern the process dictate.
Does the non-custodial parent give up all their parental rights?
In a step-parent adoption, the non-custodial parent relinquishes all parental, legal and financial rights to the child. In addition, the relatives of the non-custodial parent are literally no longer related to the child who has been adopted by the step-parent.
Are grandparents of the adopted child allowed to maintain contact?
Whether the grandparents of the adopted child in a step-parent adoption remain in contact really depends on the agreement made between the adopting family and the grandparents. It can be arranged depending on people's comfort level. Legally, if the grandparents are related on the side of the non-custodial parents, they do not have a legal or any other relationship with the child. However, that does not preclude the families working together to maintain visitation after a step-parent adoption.
What steps do I need to follow to adopt my stepchild?
The first couple of steps in a step-parent adoption is you want to investigate the laws in your particular state that govern that type of adoption. You want to find out what type of court handles the adoption. In some cases, it's the juvenile dependency court. In some cases, it's a family court. Again, it varies from state to state. Then you want to obtain the proper paperwork and submit that paperwork. After you have obtained and submitted the paperwork, you're going to arrange for a hearing in the court. You're going to appear at the hearing. And during the hearing, the judge will finalize the adoption and issue a form certifying that the adoption has been finalized. Usually the last step in a stepparent adoption is applying for an amended birth certificate.
What if the child decides to take my last name?
If the child decides to take your last name, that will be reflected on the actual birth certificate, as well as the adoption certificate. You should let the court know, along with anyone assisting with the step-parent adoption. When the adoption is finalized, remember to contact schools and any other places where your child may be enrolled so that they're aware of the name change.
