Do you want to adopt your stepchild? When a family grows and develops beyond the bonds of blood relations, adoption makes that family unit legal and secure. But what about the child's other birth parent? What role do they have in this process? Here's what stepparents need to know in these common situations.
1. When the Other Parent Is Unknown
Generally, a person who is not on the birth certificate, was never married to the other parent, or who never lived in a home with the child is usually considered an alleged parent. You may only need to serve them notice of the adoption and an opportunity to object, but this depends on state rules.
2. When the Other Parent Is Estranged
A presumed parent, on the other hand, is the opposite of the alleged parent's situation. They have more rights during an adoption than an alleged parent. The easiest way to move forward is to get them to sign a consent form that voluntarily terminates their parental rights.
Of course, just because the person is a presumed parent doesn't mean you can't prove otherwise. A paternity test, for instance, can resolve the issue and vastly reduce their right to object to adoption.
3. When Parental Rights Were Terminated
Were parental rights already terminated? If so, the situation is vastly easier. Adoption is then usually consented to solely by the parent(s) who still have custody and rights. In general, the terminated parent has no part in the process nor rights to object.
4. When the Parent Doesn't Cooperate
Of course, acrimony and apathy on the other parent's part can make things challenging. If an estranged or presumed parent doesn't voluntarily consent, you may need to work harder to convince them that this is in the best interests of the child. The custodial parent may also petition the court to terminate their parental rights, usually on the grounds of abandonment.
5. When the Child Is Over 18
If the birth parent won't cooperate or you can't afford to fight the matter through family court, there is one other option. In many states, adoption is still allowed for persons over the age of 18.
At this point, the stepchild is a legal adult and no longer needs any parent's permission to be adopted. This could smooth things for everyone and still honor your parent/child bond.
Where to Start
Want to know more about adopting your partner's child? Start by learning how the process works in your particular state. Meet with a family law attorney for more info.
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