Stepparent adoption is the most common form of adoption in the United States. As a stepparent, adoption gives you an opportunity to create a significant and permanent bond with your stepchild. Although not a significantly difficult process, it's important that you know the facts about stepparent adoption in order to make the best possible choice for your family.
Significance
Once you adopt your stepchild, you are legally responsible for his welfare and his financial support. You also have all the rights that a biological parent has, including the right to make major decisions about his upbringing and the right to petition for custody, should you and your spouse separate.
State Laws
Adoption laws and procedures for stepparents vary from state to state, according to the U.S. Department of Health and Services Child Welfare Information Gateway. In some states, stepparent adoptions are done through the juvenile court. In others, they are done through the surrogate court or the family court. Some states waive or shorten standard adoption procedures, such as the home study and the final hearing. States differ on when and under what circumstances your stepchild's noncustodial parent's rights can be terminated, and on whether you are required to hire an attorney for the adoption. Some states may require you to be married to your spouse for a specific amount of time before you are allowed to adopt her child.
Function
The Child Welfare Information Gateway notes that to adopt your stepchild, you must first file the proper paperwork with the court in your jurisdiction. You then receive a court date for a hearing, which may be weeks or months from the time you file. During the hearing, the judge questions all of the involved parties and decides whether to proceed with the adoption. Next, he sets a second hearing date, which you may or may not have to attend. The judge finalizes the adoption at this hearing. Later, your stepchild will be given a new birth certificate listing you as her parent, and noting any legal name change.
Potential Problems
For you to adopt your stepchild, both of his biologic parents must consent. For your stepchild's noncustodial parent, consenting means he must give up all of his parental rights, including custody and visitation. Convincing him to do this may be the most challenging part of the stepchild adoption process. Some birth parents are cooperative, especially when they understand that they will no longer bear the responsibility of child support. Others are not. In some cases of abandonment or a failure to provide support, the courts may terminate a parent's rights and allow an adoption without obtaining his consent.
Considerations
Before you go ahead with an adoption, you must carefully consider whether it is the right approach for your family. The online legal encyclopedia Nolo notes that in cases when your stepchild has little or no contact with his biological parent, adoption is likely to give him security. If, however, your stepchild has a consistent relationship with his biological parent, adoption may make him feel conflicted in his loyalties and cause him confusion and distress.
