Stepparent/Domestic Partner Adoption
What is a Stepparent/Domestic Partner Adoption?
Step-parent adoption is when the legal parent has custody of a child and his or her spouse seeks to become the child’s legal parent. Most typically the stepparent/domestic partner wants to adopt the child born to the spouse/domestic partner from a previous relationship or marriage.
The process for Stepparent/Domestic Partner adoption usually begins with the attorney preparing and filing the petition for adoption. An investigation is required of the prospective adoptive stepparent and will be conducted according to the protocol of the county of residence. The process varies from county to county and our office has developed excellent networking resources and collaboration with the various entities performing the investigations to help assure the best outcome for our clients.
The other step in a Stepparent Adoption is to either obtain the consent to the adoption from the biological (other) parent, obtain a waiver of parental rights or request that the court terminate the parental rights in the case of an absent parent.
We have achieved much success in working with the absent parent by treating them in a courteous and considerate manner and often are able to obtain consents. Our adoption attorneys are skillful in working out agreements for the provision of limited information or contact with the other parent about the child, which often makes the difference in obtaining a consent.
Before the adoption can be finalized:
- Both parents must consent to the adoption or
- The biological father must waive his rights or
- The court must terminate the person’s parental rights.
Adoptions can also occur if the child was “abandoned.” This means the child was left without support or without communication by one or both parents for a period of time. The court looks into the interests of the child, and recognizes that parenting requires a commitment to the child, from the parent, not just a cursory or occasional attempt at support or a relationship with the child.
If the court considers the child to be abandoned then the parent(s) rights are terminated and the adoption can move forward to finalization. |
