Stepparent Adoption

A stepparent adoption falls into the category of a related adoption. This is often sought when a couple choosing to marry brings in children from a past relationship. The child may or may not have both their biological parents involved in their life, but a stepparent can become an addition parent for that child. Consent must be gained by both the biological parents to make the process easier. If consent is signed this may cut out many of the steps in the adoption process.

A parent signing over consent is waiving all of their parental rights over the child's medical, education and visitation rights. They also waive any financial responsibilities they have over the child. In the event that one of the biological parents is deceased, then only the living parent's consent it needed. If the other parent is living and they do not wish to consent to the adoption, then the process will be brought to court and becomes more difficult. It is important to have an experienced lawyer who knows how to deal with an adoption case.

In order for custody to be given to the stepparent, the court must be convinced that the biological parent is unfit, and that the stepparent is more capable of caring for the child. If custody is awarded, then both the biological parent and their spouse will share joint custody of the child as if it is their own biological child. The stepchild will then become the legal child of the stepparent, receiving the inheritance of the new parent the same as a biological child would. The stepparent is also taking on the financial responsibility of the child. In the event that the biological parent and the stepparent divorce, the custody of the child still remains with both parents. The breaking of the marriage contract does not mean that the adoption is invalidated.

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