Stepparent Adoptions: Get The Facts You Need To Know

Posted on: 19 January 2015

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Oftentimes, stepparents will develop a bond with their stepchildren that is just as strong as the bond shared between parents and their biological children. Unfortunately, while these stepparents may serve as the child's parent in all aspects of their life, the law does not automatically provide them with the same rights and protections as a biological parent. This is why more and more stepparents are choosing to proceed with a stepparent adoption in order to ensure both them and their children receive the legal protections that they deserve. If you are planning to file an adoption petition with your local court, there are a few facts that you should know.

You Will Be Subjected To The Same Criteria As A Stranger

While the bond between you and your stepchild is an important one, this bond is not enough to guarantee your adoption petition will be approved. In fact, this relationship will play a minimal role in the court's decision regarding your petition. This is because stepparent adoptions are subjected to the same criteria as a traditional adoption. This means that you will need to demonstrate that your ability to adopt the child is in the child's best interest. This is done by proving to the court that you are able to care for the child's financial, medical, emotional, and spiritual needs. If you are currently unemployed, uninsured, or unavailable for extended periods of time, you will need to correct these issues before your adoption petition can be approved.

Parenthood Is Forever

Once your adoption is finalized, your stepchild will no longer be your stepchild, they will be your child in the eyes of the law. In fact, for intents and purposes, you will be treated as though you were the child's biological parent. This means that not only will you be provided with all of the rights and legal protections that are provided to biological parents, but you will also be charged with the same lifelong responsibility as a biological parent.

If you and your spouse were to separate for any reason, your legal relationship with your adopted child will not change. You will still be expected to maintain a meaningful relationship with the child, provide financial support for the child, and ensure the child receives any medical or mental healthcare they require.

An Attorney Can Help

While stepparent adoption cases can seem rather straightforward, the truth is, these cases can often be quite complex. This is especially true in cases where one of the child's biological parents cannot be located or is refusing to consent to the adoption. In order to help you navigate your way through this complex process and avoid delays that could potentially be harmful to your child, it is important that you seek out the services of a reputable family law attorney, like LaCroix & Hand PC, before filing your adoption petition.