5 Things You Should Know About Adopting Your Stepchild

There are many reasons to adopt a stepchild, with the most notable of them being for the benefit of the child. It can provide them with a feeling of truly being a part of the family. It can also make them feel closer to you as they can share your last name, especially if everyone else in the house has the same last name. If the relationship with the other parent is strained, then the adoption process can help build a foundation for a healthier family dynamic for the child, alleviating some of the feelings of abandonment, anxiety and separateness he or she may currently experience.

State Laws and Regulations Vary

Laws and regulations regarding the adoption process vary from state to state and it is best to seek legal counsel to ensure everything is completed correctly. Within most states, there are three variations of the adoption process, each with different procedures based on the unique circumstances of the family.

Legal Definitions

It is essential to understand that the term “absent parent” in stepchild adoption cases refers to the maternal mother or father with whom the child does not live, or the parent that will be surrendering parental rights of the child in the course of the adoption process. If the legal mother or father cannot be located then they are referred to as a “missing parent.”

Variations of the Stepchild Adoption Process

The manner in which a legal adoption is completed will vary based on the unique circumstances of the family. The consent of the absent parent is required, and in most states, a child over the age of 12 must also give consent for the adoption as well.

Consensual Adoptions

In cases where the stepchild’s absent parent is either deceased or consents to the adoption, the process is generally easy and quick. A petition for adoption is filed with the court in your home county, you speak with a local social service agency, attend a brief hearing officiated by a judge, and the adoption decree is filed with the county clerk’s office. The adoption is final upon the filing of the decree.

Missing Parent Adoptions

If you are unable to locate the absent parent, the adoption process can be significantly more complex. Before adoption proceedings can move forward, you must make every effort to find the missing parent in order to gain his or her consent. You may also need to file legal documents with the court claiming the absent parent has willfully abandoned the child and failed to meet his or her parental obligations. In such cases, your county’s social services department is usually required to complete a home study and approve the adoption before the petition is heard by a judge.

Nonconsensual Adoptions

In cases where the absent parent does not consent to the adoption, you may be unable to adopt your stepchild. A legal parent who is present in the child’s life, meets his or her parental obligations, and contests an adoption petition can halt a stepchild adoption from becoming final. However, if the absent parent does not consent to the adoption but fails to appear in court to contest the petition, the adoption may still go through.

Multiple Child Adoptions

You may use a single adoption petition to adopt multiple stepchildren at the same time, provided all of the children have the same parents. If the stepchildren have different absent parents, separate petitions must be filed for adoption of each and may be required to follow different procedures with each as well, depending on the circumstances of each child’s relationship with their absent parent.

Changing Your Child’s Name

A child’s name can be changed when the adoption takes place, though it must be a name on which you, your spouse and your child can all agree. The name change should be indicated on the adoption decree and the official name change becoming legally recognized when the decree is filed with the county clerk’s office.

Amending the child’s birth certificate to reflect the name change and the parental change is often completed as well. While not legally required, most people choose to amend the birth certificate, especially when a name change is involved, in order to avoid any future confusion which can result from the unaltered legal document.

Kinship Adoption Agreements

It is possible, and often in the best interest of the child, to consider a kinship adoption agreement in conjunction with an adoption petition. While adopting your stepchild may mean removing formal, legal parental rights from an absent parent, that parent can still remain a part of the child’s life. You should also consider the importance of the child’s grandparents and other relatives from the absent parent’s side.

A kinship adoption agreement allows the stepparent, birth parents and birth relatives to legally agree to visitation rights. In situations where the basic kinship agreement is not enough to settle any disputes which may arise or adequately assuage fears, the assistance of a family law attorney, family counselor or professional mediator may be required.

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