Adopting a child is a beautiful event that can really help bring a family together. There are many different situations where an adoption can happen, one of the most common of which is a stepparent adoption. This is when a married couple is raising a child that is biologically only that of one of the spouses. Having the non-biological parent adopt the child can provide a variety of benefits, both emotional and practical. This can be a very touching moment for the child being adopted, both parents, and any siblings. Additionally, when this occurs the child being adopted may want to change their last name to match that of his or her family in some cases. Whatever the situation, learning more about this process is very important.
Determining Eligibility
The first thing to think about when considering stepparent adoption is whether or not the stepparent will be eligible to adopt. In order to be approved, they must meet a variety of requirements, including the following:
- Married to Parent – The stepparent must be legally married to the biological parent in order to adopt.
- Able to Care for the Child – The stepparent must not have any physical or mental handicap that would prevent them from serving as an effective parent.
- Other Parent – You can only adopt a child if the other biological parent either agrees to allow it or is no longer in the picture. It is possible to petition the court to allow it even if the other parent doesn’t want it in certain situations.
Consent or Termination of Parental Rights
That last requirement for eligibility is often the most difficult to obtain. If the other biological parent is known and able to be found, you will need to get their consent to have the adoption take place. If the other parent isn’t involved in the child’s life at all, this may be a very simple process since when they consent to the adoption, they will also have all responsibilities for that child terminated. This means they wouldn’t owe further child support or other obligations.
If the other parent is a part of the child’s life, however, it will be quite difficult to move forward with the adoption. There are certain situations where the courts can step in and force a termination of parental rights, but that is only in extreme cases. If the other parent can’t be found or refuses to respond to requests, the courts are more willing to terminate their rights so that the stepparent adoption can go through.
Petitioning the Court
Once you have determined that a stepparent adoption is a valid option, you will need to petition the court to move forward with the adoption process. This requires that you have the appropriate documents properly filled out and filed with the courts. They will notify the other parent, if possible, and schedule a date where you can push for the adoption, if it is contested. If not, they will approve the petition and have your adoption completed. To get the help you need throughout this process, please contact us [link to CONTACT US page] to discuss your situation and see how to best proceed.
About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.