What You Need To Know About Stepparent Adoptions

Posted on: 12 June 2019

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More and more children are growing up in blended families. It is not uncommon for a stepparent to want to adopt their spouse's child if a special bond has been formed. Stepparent adoptions can be tricky, so you need to be prepared to navigate all possible scenarios as you embark on the adoption process. Knowledge will be your greatest asset as you work to legally adopt a stepchild in the future.

Understand State Laws

The first place you should start when you want to adopt a stepchild is with a review of your state adoption laws. You can schedule a consultation with an attorney who specializes in family law for assistance.

Each state has different requirements for a stepparent to adopt. Some require written consent from the non-custodial parent. Others may require the non-custodial parent to undergo counseling and appear in court before consent is given.

Your attorney will help you understand how to go about gaining consent so that the non-custodial parent cannot challenge or overturn the adoption once papers have been filed.

Consider Legal Consequences

You need to fully understand the legal ramifications of completing the adoption process for a stepchild. Once the adoption is complete, you will be recognized as the legal parent of the child. This means that all the privileges and responsibilities of parenthood fall on your shoulders.

You will be required to provide for the child, including the payment of child support if the marriage between you and the child's birth parent ends. The child will also have a claim to your estate as a legally recognized heir.

Your attorney will be able to provide you with a full overview of the legal consequences (for both you and the child) before you begin the adoption process.

Work With Social Services

In many stepparent adoption cases, child services will get involved. Their level of involvement can vary. A social worker may want to visit with the child to determine his or her attitude toward adoption. In-home inspections might be scheduled to observe how you interact with the child.

Complying with all social service requirements is critical to the success of your adoption. An experienced family law attorney can serve as a liaison between your family and social services to ensure no critical elements that might derail the adoption process are overlooked.

If you are ready to take legal responsibility for your stepchild, start by educating yourself on the adoption process with a reputable family law attorney.