According to Adopting.org, stepparent adoption is the most common adoption practice in the United States. Stepparent adoption occurs when a person adopts her spouse's children from a previous relationship. This is usually desired when the absent parent of the child has had no contact with the child within a year or more, has not paid child support or is an unfit parent. Stepparent adoption is also an ideal solution for children who have not been legitimized in a court of law. Depending on the state you live in, the adoption process is simpler than standard adoption.
Step 1
Contact an adoption attorney, a paralegal or your state bar association to obtain legal assistance. Some states require an attorney or other professional legal representation and may offer free legal assistance to qualifying families. Most states give you the option to skip legal help and represent yourself; however, legal advice is recommended by the Child Welfare Information Gateway.
Step 2
Visit the local office of the clerk of court in your county to obtain the necessary forms for adoption. Some forms are available online, depending on your state, and different courts may handle this sort of proceeding, such as family court or juvenile court. The clerk of court will be able to tell you what court system in your county handles this type of adoption.
Step 3
Obtain a written statement of consent from the absent parent. This can be difficult; however, when utilizing legal services, your attorney will acquire this. In some cases, consent may not be required if good cause can be proven or if your state does not require it.
Step 4
Fill out all forms completely and submit them to the clerk of court's office in a timely manner. Forms should include all information regarding the child's birth, the length of stepparent and biological parent's marriage and the name the child will go by after adoption. Supporting documentation such as marriage certificates, birth certificates and statements from the absent parent may be required.
Step 5
Attend your first court appearance. This will allow for you to explain adoption reasons to a judge and allow for the absent parent to voice any objections. The judge will decide if adoption is best for both parents and children. Objection and consent forms can be overruled depending on your personal circumstances.
Step 6
Attend your second court appearance to finalize the adoption. The judge will sign all paperwork legalizing the adoption and naming the stepparent as legal parent to the child. Neither the absent parent nor his family will have any rights to the child once the papers are signed by the judge. A new birth certificate bearing the adopting stepparent's name and mother or father may be requested at this time.
Step 7
Seek adoption support services. Once the adoption is completed in the courts, proper adjustment to this new situation is crucial. This is a very important step in the adoption process, as it defines parental success in a new family atmosphere.
