If you are planning to adopt a stepchild, you will find that stepparent adoptions are the easiest adoptions to carry out, with fewer legal procedures than other types of adoption. Your adopted stepchild will acquire the same rights to financial support and inheritance claims on your estate as your biological children.
Stepparent Adoption History
A famous historical example of stepparent adoptions are the repeated stepparent adoptions in Rome's first imperial dynasty. These stepparent adoptions fueled violent political rivalries between several generations of step and biological relatives of five emperors, eventually destroying the dynasty.
During the Middle Ages, European legal systems usually did not accept adoption, preferring blood relationships. Popular fairy tales depicted wicked stepparents. Because of these biases, the first American state adoption law did not appear until 1851, a process described in the Encyclopedia of Adoption's essay, "A Brief History of Adoption."
Stepparent Adoptions Today
American society currently has a positive view of stepparent adoptions. The Adoption and Child Welfare Lawsite, in an article, "Step-Parent Adoption," notes that the legal system makes it easier for you to adopt a stepchild than a child who is unrelated to you and your spouse. For example, adoptions of unrelated children usually involve a home study, in which a social worker examines your fitness to parent. This step is often waived for stepparent adoptions.
Emotional Issues
Sherrie Bennett of Lawyers.com recommends in "Stepchild Adoption Checklist" that if you are adopting an older child, you discuss adoption with your stepchild and get your stepchild's consent. You may dislike your stepchild's noncustodial parent, but your stepchild may adore that parent. Adopting your stepchild will sever your stepchild's relationship with the noncustodial parent and that parent's family members.
After you adopt your stepchild, the child is legally considered to have the same financial support and inheritance rights as your biological children. Your stepchild's noncustodial parent will no longer be required to pay child support.
Legal Tasks
Some states allow stepparents to carry out "do it yourself" stepchild adoptions. But state adoption laws are intricate, so hiring a lawyer who is an adoption specialist is your best option. "Stepparent Adoption," a booklet by the federal Child Welfare Information Gateway, describes the stepchild adoption process in detail.
Your first task is to obtain a copy of your state's laws on adoption. You can then contact the local court which handles adoptions in your area, and pick up the legal forms that you will have to file. After you file the forms, you will be assigned a court date for a hearing before a judge. If everything goes well at this hearing, you will have a second hearing and and an adoption certificate will be issued.
Post-Adoption Issues
Some stepparent adoptions do not make it through the courts because of opposition from the noncustodial parent to the adoption. If your relationship with your spouse collapses, a divorce will leave you financially responsible for your adopted child in the same way that you are responsible for your biological children.
