Step-parent Adoption is a process that creates a legal parent-child relationship between parties who do not have a biological parent-child relationship. Once an adoption is finalized, the adoptive parents and children have the same rights and obligations as legal or biological parents and children. With a step-parent adoption, the parents and children acquire rights such as custody and inheritance, and responsibilities such as child support and liability for the child.
In a stepparent adoption, one biological parent retains parental rights, but the parent-child relationship is severed with the other biological parent. After this relationship is severed, the biological parent loses all rights to and responsibility for the child and the adopting parent acquires these rights and responsibilities.
Stepparent adoption is a permanent transfer of parental rights and responsibilities. Once a stepparent adoption is finalized, it cannot be revoked or nullified, except in very rare situations, such as serious legal defect, fraud, or mental illness or disability discovered within 5 years of the adoption.
In order to proceed with a stepparent adoption, you must meet all the legal requirements:
- The adopting and legal parent must be legally married or in a domestic partnership registered with the state. If you are not married to, or domestic partners with, the child’s parent, you may still be able to adopt using the “second parent adoption” procedure.
- The adopting parent must be at least 18 years old, and at least 10 years older than the child.
- The adopting parent’s spouse or domestic partner must consent to the adoption.
- The child’s other legal parent must consent to the adoption. If you cannot locate the other parent, or if the other parent refuses to consent to the adoption, you may still be able to adopt the child. There are several different methods for finalizing a stepparent adoption without parental consent. In most scenarios, your attorney will have to file paper work with the court asking to terminate the parental rights of the parent. This is typically awarded if the non-custodial parent has nor engaged in any of his or parental responsibilities.
- If the child is 12 years or older, the child must consent to the adoption.
Our office always recommends step-parent adoptions for same-sex couples in a domestic partnership with children. It is especially crucial for the non-biological parent to establish a legal parent-child relationship to protect that parent’s rights when traveling out of state with their child. An official order from the court will provide the non-biological parent with such rights and will also provide that parent with parental rights in case the partnership dissolves.
Call AARKS today to learn more about step-parent adoptions. A qualified adoption attorney will provide you with a free phone consultation and answer any questions you may have.
