When a stepparent decides to legally adopt their spouse’s child, it is much more involved than just becoming the child’s caregiver. Adoption makes the stepparent permanently and fully responsible as a legal parent. So what exactly does stepparent adoption entail and what must be considered before starting the process?

As a family law attorney at Bagner Law serving residents of Fremont, I have assisted clients with adoptions for over 20 years. I am often asked to explain the intricacies. Stepparent adoption is the legal avenue that allows your spouse’s child to become your lawful child as well, with all the rights and duties of a biological parent. However, it involves ending the legal parent-child relationship between the child and their biological parent.

This means obtaining consent from the existing legal parent to terminate their parental rights or proving reason to terminate without consent. Do you need the consent of a deceased parent’s family? What if the other parent cannot be found? These are questions I help clients unravel.

Additionally, parties can agree to voluntary post-adoption contact allowing the biological parent to retain certain privileges like visitation. But once the adoption is finalized, the adoptive parent assumes permanent responsibility for the child in the eyes of the law. The biological tie dissolves.

Let’s explore the specifics of how this process unfolds. As an experienced adoption attorney, I can guide you through the intricacies and help build your lawful family.

Notifying the Non-Custodial Parent

A key requirement is notifying the non-custodial natural parent of the proposed adoption. They must provide written consent to the adoption, which terminates their parental rights. There are exceptions where consent is not needed, such as:

– The parent is deceased.

– The parent signed a waiver or denial of biological parentage.

– The parent’s identity or location is unknown after diligent search efforts.

If the natural parent does not consent, you may be able to still go forward with the adoption. In order to go forward without consent, you will first need to determine the “status” of the other parent (presumed parent or alleged father) and that will determine the process that you will need to follow. In some instances, you will not be able to go forward with the stepparent adoption.

Determining the Other Parent’s Status

The distinction between a presumed parent and alleged father is important. A presumed parent actively parented and supported the child. An alleged father has not established this connection.

If the other parent is a presumed parent who won’t consent, the adoption cannot typically proceed. But if they are an alleged father who won’t consent, termination of their rights may be possible. Consult an attorney to determine status.

In some cases, you may not need consent or a court hearing to terminate parental rights

The court may allow a stepparent adoption to go forward without getting the other parent’s written consent if:

– The other parent has died

– The other parent signs a waiver saying they do not want to be involved with the adoption  

– The other parent signs a form saying they are not the child’s biological parent

– You don’t know the whereabouts of the other parent and can show the court you tried to find them

– You don’t know who the biological parent is and you can show the court you tried to find out their identify and whereabouts

An attorney can advise whether exceptions might apply in your circumstances, allowing the adoption to proceed.

The Step-parent Adoption Process

Below is an overview of the typical legal process:

– Consult with an attorney to understand the requirements in your unique situation.

– Contact the non-custodial natural parent regarding consent.

– If consent is not obtained, determine the parent’s legal status as presumed or alleged.

– File the adoption petition and required supplemental documents with the court.

– Serve notice of the adoption request to any necessary parties.

– Attend the court hearing(s) and present your case. Offer evidence as needed.

– If approved, obtain certified adoption orders from the court.

– After a 6-month interim period, adoption is finalized at a finalization hearing.

– Request a new birth certificate listing adoptive parent.

A Case Study

When Megan married Sam last year, she knew she wanted to officially adopt Emily, his 8-year-old daughter from a previous marriage. Emily’s mother had passed away, and Megan was the only mother she had really ever known. But making it legal was more complicated than signing a few papers. There were requirements to follow and Emma’s birth mom to consider.

As a family law attorney serving Fremont residents, I have guided many hopeful stepparents like Megan through the adoption process. It involves more than just becoming a loving stepparent. Adoption makes you legally responsible as a parent for life.

What exactly does stepparent adoption entail? Put simply, it allows Megan to become Emily’s second legal parent. She gains all the rights and duties of a biological parent. It also means that Emily’s birth mother would no longer have legal standing as her parent. Her parental rights are terminated.

This is where consent comes in. We had to notify Emily’s birth mother’s family of the plan to adopt. Even though she had passed away, they could contest the adoption if they chose to. Luckily, they provided written consent once they understood Megan’s motivation was to honor the mother’s memory by securing Emily’s future.

Things get more complicated if the other parent is living but won’t consent. The adoption can only proceed in certain cases, like if an absentee dad doesn’t meet the criteria as a ‘presumed parent’. I help clients like Megan determine if an exception applies. To protect confidentiality, this client example have been anonymized. 

An experienced family law attorney can ensure you take the proper steps to complete a step-parent adoption smoothly, protecting both the child’s and parents’ rights. Contact Bagner Law today to discuss your specific circumstances in more detail.