Stepparents frequently act as parent figures to their stepchildren. Because of this, it only makes logical sense that adoption is considered since they are already caring for both the child’s physical and emotional needs.

For many, adopting their stepchild is an honor.

Unfortunately, however, most individuals are not acquainted with the process of legally adopting their stepchild. Bagner Law, PC, the East Bay Area’s leading family law practice, provides insight on the topic by answering some of the most common FAQs associated with the process.

What is Stepparent Adoption?

Stepparent adoption is the legal process by which a stepparent becomes the legal parent of their spouse’s child. 

While the stepparent already has established an actual relationship with the child, adoption “makes it official” by establishing a legal relationship that grants the stepparent the same rights as a biological parent.

To be eligible, the stepparent pursuing adoption must be legally married to the child’s biological parent.

What is the Process for Adopting a Stepchild?

First, the stepparent must file a petition for adoption with the court. The court will schedule a hearing to determine if the adoption is in the child’s best interest. If granted, the adoption will terminate the rights of the other biological parent.

For this reason, it’s required that notice is provided to the child’s other biological parent, the non-custodial parent, if they are still in the picture. The notice must inform them of the stepparent’s intention to adopt their child, their rights and options, and the date, time, and location of the hearing.

The stepparent or custodial parent do not need to personally provide this notice. In fact, under some circumstances, serving the notice could be dangerous. Instead, the stepparent’s attorney or the court itself may deliver the notice via certified mail, in-person, or through a court-approved process server.

What Happens to the Rights of the Non-Custodial Parent?

If the court approves the stepparent adoption, the rights of the non-custodial parent are terminated. In most states, a child may have no more than two legal parents.

Ideally, the non-custodial parent will be amenable to the stepparent adoption, but they could contest it in order to protect their rights as a parent.

How is the Court’s Decision Reached?

The process may vary depending on the state and circumstances, but often the court considers the stepparent’s relationship with the child, the non-custodial parent’s relationship with the child, the living situation, financial stability of all parties, and the overall best interests of the child.

In some situations, the court might interview the child or children to gauge their understanding of the process based on their age, maturity level, and feelings.

What are the Benefits of Adopting Your Stepchild?

Legal benefits aside, adopting your stepchild often strengthens your bond, signaling that you are committed both in word and action to their needs and upbringing.

There are a number of legal benefits associated as well, however, including the ability to make decisions regarding the child’s upbringing, giving the child rights to the stepparent’s inheritance, and allowing the stepparent to make medical decisions regarding the child.

If you are a stepparent in the East Bay Area and you’re looking for an excellent attorney specializing in Family Law, contact Bagner Law, PC today and find out more.