On television and in film, we often hear about a child being adopted abroad, or about a young unwed mother putting her child up for adoption. While these types of adoptions do occur, many people do not realize that stepparent adoption is the most common type of adoption in the United States.

Why would a stepparent need to adopt their spouse's child? After all, doesn't the stepparent automatically acquire all of the rights and responsibilities toward their stepchild when they marry the child's parent? It's not that simple.

When a stepparent adopts a stepchild, he or she is making a lifelong commitment to be fully responsible for his or her spouse's child. Once the stepparent adoption is complete, the child's noncustodial parent, the parent that is not living with the child, is absolved of all financial and legal responsibilities for their child, and this includes the duty to pay child support.

Stepparent Adoptions are Governed by State Law

In the United States, all adoptions, including stepparent adoptions are governed by state law. Often, stepparent adoptions are simpler than other types of adoptions. Some states will not allow a stepparent adoption until the newlyweds have been married for at least one year.

If you wish to adopt your stepchild, you must obtain the consent from your spouse and the child's noncustodial parent. However, if the child's noncustodial parent abandoned the child, it is likely that you will not need their consent at all, but legal procedures will still need to be followed.

When the noncustodial parent gives his or her consent for you to adopt their child, he or she is waiving all of their rights and responsibilities toward their child, all of which are transferred to the stepparent.

Generally, an older child must consent to their stepparent adopting him or her, with the age for consent ranging between 10 and 14 depending on the state.

If you wish to adopt your stepson or daughter, reach out to an experienced family attorney for advice and guidance.