There are many potential benefits derived from a stepparent adoption. Stepchildren can acquire inheritance rights and access to other benefits available through their stepparent. Stepparents acquire the same legal rights and responsibilities as biological or adoptive parents.
A stepparent adoption is generally simpler than an adoption involving an adult who has no prior involvement with a child. However, consent from three specific parties and approval from the courts is typically necessary.
Who must generally consent to a stepparent adoption?
1. The stepparent’s spouse
The spouse of the stepparent must agree that the adoption is appropriate and beneficial. Verifying that the adoption is appropriate and beneficial by discussing it with a spouse and getting their consent is key to success.
2. The child subject to adoption
Young children generally don’t have much influence over court proceedings. However, once a child reaches 14 years of age, they have to consent in writing to a stepparent adoption. Discussing the adoption with the stepchild if they are 14 or close to 14 is important, because the process can take months to complete.
3. The other surviving parent
Stepparent adoptions often occur in scenarios where the other parent of the stepchild does not pay support or spend time with the child. Their absence or lack of financial support does not automatically eliminate their parental rights.
Stepparents typically need to secure the consent of the other parents of their stepchild. They must voluntarily rescind their parental rights to allow the stepparent adoption.
Knowing what a stepparent adoption requires can help families navigate family court effectively. The guidance of the lawyer can make it easier for families to handle the paperwork and effectively present their case in family court.