Step-Parent Adoption

Developing a relationship with a non-biological child can be complex. It can also be very rewarding and exciting. What many prospective adoptive step-parents don’t know is that their adoption can be surprisingly complicated legally. Having the right legal team on your side will help your process go as smoothly as possible. A step-parent adoption occurs when a custodial parent marries a person who is not the biological parent of a child but wants to adopt the child and take over legal and financial responsibilities from the non-custodial parent.

What Do You Need to Know?

A step-parent adoption requires consent from the non-custodial parent, unless the parent has been unjustifiably absent from the child’s life or has had their parental rights terminated by the court. Checking your state adoption laws will help you get your case off on the right foot. But remember, nothing can replace the advice of a qualified family law attorney, admitted to the Bar in your state. It is also important to contact the court in your county that handles adoptions as it can be different based on location. And of course, as with any legal action, there are forms that must be completed properly to state your case to the court. 

What Happens if our Adoption Goes Through?

If the court rules in your favor and allows the step-parent adoption, your adoption certificate will be issued at your hearing. After the adoption is finalized, you can apply for amended birth certificates to be issued as well if you so choose. Adoptions don’t end with the legal finalization, but they are a lifelong journey and having the right legal team in place to support you is key to achieving your desired result. It is also important to remember that once your step-parent adoption is finalized, the non-custodial parent no longer has any rights or responsibilities for your child, including child support.