How a stepparent adoption will proceed varies according to each state's laws, but generally speaking, it is a simpler process than any other type of adoption. In some cases, the waiting period and home study may not be included as steps in the procedure; there are even times when an adoption hearing will not be needed. But there may be challenging issues when it comes to terminating parental rights or getting the consent of the other birth parent. Read on to learn more about some of the issues that could be involved in the stepparent adoption process.
The most important thing to take into consideration is the relationship that the child has with their other natural parent. If a child still has a good relationship with their other biological parent, a stepparent adoption may be stressful for the child, who may feel like there is the pressure of competing allegiances. But if the child has little to no contact with their other parent, a stepparent adoption may contribute to the strength of the family unit.
One of the steps that may or not be involved in a stepparent adoption is the home study. This is both an investigative and educational measure. In a typical adoption, a licensed social worker or a state agency will look at the home life the adoptive parents can offer, writing up a report that includes details about the strength of the parents' marriage, their financial security, any other children they have, their work schedules, their health, their criminal history, and more. At the same time, the social worker can provide some guidance to parents. The report they draft will be looked over by a court, which will make the call. If a worker makes a negative report, you can appeal. In a stepparent adoption, only one parent is being reviewed, and sometimes, this examination will not be deemed necessary.
Regardless of what other steps are involved in a stepparent, there will always be issues of getting the other parent's consent or of terminating parental rights. If the other parent gives consent to the adoption, then it means that they are giving up every parental right. This means visitation rights and any right to legal custody, that is, the right to make choices regarding the child's medical care or schooling, for example. Understandably then, it is often hard to get a birth parent's consent. Perhaps they will be willing to relinquish their duty to pay child support, or they may be able to agree with you that the adoption is in the best interests of the child. Otherwise, the adoption cannot move forward, not without the birth parent's consent or the termination of their rights.
The termination of parental rights is something that can occur in a few different situations. One of these is if the other parent abandoned the child. State laws determine the exact way to prove abandonment, but broadly speaking, abandonment is when a parent does not make contact with the child or provide financial support. In many states, abandonment means intentionally refusing to pay child support, or a year of no communication with the child. Another reason that a parent's rights can be terminated is if they are declared unfit.
Otherwise, if the other parent is male, it may be possible to show that the presumed father is not actually the legal father. Again, the specifics will lie in a state's laws and definitions. For example, in some states, a man will be the presumed father of the child if he marries the mother of the child after he or she is born, and the birth certificate includes his name as the father. If it is found that a presumed father does not actually meet any of the definitions for legal fatherhood, then his parental rights can be terminated.
As a final note, in some states, same-sex domestic partners may be able to adopt through the stepparent adoption process instead of having to go through the whole rigmarole of another type of adoption.
Just as with every facet of family law, however, laws are always changing, and they vary from jurisdiction to jurisdiction. When such vital matters are at stake, you need to be working closely with a legal expert, someone who is familiar not only with your state's laws but also the local court system. You can find the family lawyer that you need to have on your side when you search through our directory. Do not hesitate to call an attorney today!