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Stepparent Adoption FACTSHEETS FOR FAMILIES | MAY 2013 Stepparent Adoption Adopting a stepchild is the most common WHAT'S INSIDE form of adoption. A stepparent who adopts agrees to become the legal parent and be Legal issues fully responsible for his or her spouse's child. After the stepparent adoption occurs, the noncustodial parent (the parent not living Steps to take with the child) no longer has any rights or responsibilities for the child, including child support. Help for parents Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 1 LEGAL ISSUES consent, the noncustodial parent gives up all rights and responsibilities, including child Stepparent adoption, like all other forms of support. In addition, in nearly all States, an adoption in the United States, is governed older child must consent to being adopted by State law. Most States make the adoption by his or her stepparent. The age at which process easier for stepparents. For example, the child must consent varies by State, but in your family may not need to be represented general the minimum age at which the child's by a lawyer. You may not be required to have consent is needed ranges from 10 to 14. a home study, as parents in other types of adoption are. However, every State is different. The way to obtain consent is different in each For example, many States require a criminal State. In many States, the noncustodial parent background check even if a home study is not can give a written statement. In other States, required. Be sure to find out what the laws are he or she may have to appear before a judge in your State. For an overview of home study or file papers with the court. Some States requirements, see Home Study Requirements require the parent to receive counseling, have for Prospective Parents in Domestic Adoption. the laws and his or her rights explained to him or her, or talk to a lawyer. How long your adoption will take also varies by State. Some States will not approve a Some State adoption laws do not require the stepparent adoption unless you have been other parent's consent in some situations, married to the child's parent and living with such as abandonment. However, it is the child for 1 year or longer. important to do everything the law requires to obtain proper consent. Some States' laws In a few States, adoption by a stepparent has allow for consent to be revoked, and for an no effect on a child's legal right to inherit from adoption to be challenged or overturned, if either birth parent or other family members. these requirements are not met or fraud has In most States, however, since the child's occurred. For more information on the issue legal ties to the noncustodial birth parent are of consent, see Consent to Adoption. severed by the adoption, the child can inherit from the former birth parent only when the Sometimes getting the child's other parent to former parent makes provision for the child in agree to your adoption can be difficult. Some his or her written will. For more information States' laws allow stepparent adoptions to about how each State and territory handles occur even if the noncustodial parent objects legal inheritance, see Intestate Inheritance or contests the adoption. For example, this may Rights for Adopted Children. be allowed if the noncustodial parent has not contacted the child for a certain period of time. WHO MUST CONSENT These situations may be complicated. You may If you want to adopt a stepchild, you must wish to consult with a lawyer. If you cannot have the consent (or agreement) of both afford to hire a lawyer, you may be eligible for your spouse and the child's other parent (the free legal help. In some States, the court also noncustodial parent) unless that parent has will appoint someone to represent your child (a abandoned the child. By giving his or her guardian ad litem, sometimes called a "GAL"). Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 2 RESOURCES stepparent adoptions. (Court employees may not give legal advice.) Many courts have an The Child Welfare Information Gateway State information packet that can be mailed to you. website provides an array of resources on the If the court does not have a prepared packet, legal issues involved in all types of adoptions, find out during your phone call: including summaries of State laws. See the Laws Related to Adoption web section for Whether the court requires you to hire a more information. lawyer, or whether you can represent yourself The Family Education Network provides Where you can find the required legal forms information on its website about the issues a (in some States, they will be available online) family should consider when contemplating stepparent adoption. 3. FIND AND SUBMIT REQUIRED LEGAL FORMS. STEPS TO TAKE Many States allow certain publishing companies to stock and sell legal forms to the 1. CHECK OUT YOUR STATE’S LAWS ON public for court procedures. In other States, STEPPARENT ADOPTIONS. they are available online. These forms will ask You may begin by reading the laws discussed questions about you and the child you want to in the previous sections. However, nothing adopt. For example, they may ask: can replace the qualified legal advice of an adoption lawyer admitted to the Bar in your The child's current name, and what it will be State. Adoption lawyers will know the relevant after the adoption laws and will be able to discuss with you your How long you have been married to the particular situation and provide guidance on child's parent the adoption process. To locate an attorney Where the child was born who specializes in adoption law in your State, visit the website of the Academy of Adoption Typically, you will need to provide some proof and Assisted Reproduction Attorneys. of this information, such as a child's birth certificate, a marriage license, and a copy of 2. CONTACT THE COURT IN YOUR COUNTY the noncustodial parent's consent. If you hire a THAT HANDLES ADOPTIONS. lawyer, he or she will take care of this step for An adoption petition must be submitted to you. the appropriate court in your State. In some States adoptions are handled in juvenile court. 4. GO TO THE PRELIMINARY HEARING. In other States the family court or surrogacy Once your forms have been submitted, a court handles adoptions. To find out which preliminary hearing (court) date may be court handles adoptions in your area, see assigned. How long it takes to get a hearing Information Gateway's Court Jurisdiction and varies based on where you live and how busy Venue for Adoption Petitions. the court is. It may be anywhere from a few weeks to a few months. You may be notified of Ask to speak to the court clerk or another staff the date by mail or by your lawyer. person who can give you information about Children’s Bureau/ACYF/ACF/HHS | 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov 3 You and your child will probably be required 6. APPLY FOR A NEW BIRTH CERTIFICATE. to go to this hearing. A judge (or magistrate) When the adoption is final, you can apply for will ask questions of everyone involved. In a new birth certificate for your child. This addition, if your child is old enough to be certificate will have the child's new name, if required to give consent in your State, the changed, and list the stepparent as his or her judge or magistrate may ask the child to parent. confirm that he or she agrees to the adoption. Your lawyer can give you more information HELP FOR PARENTS about what happens during hearings in your Adoption does not end with finalization. It is area. At the end of this hearing, the judge or a process rather than a one-time event. Your magistrate will set a date for the adoption child and family may need time to adjust to to be finalized. In stepparent adoptions, this being a new kind of "blended family." Parenting preliminary hearing often is waived. is a lifelong job. Adoptive families, like all 5. FINALIZE THE ADOPTION. families, sometimes face challenges. To access a wide range of resources addressing these In some States, during the time following the issues, see the Child Welfare Information first adoption hearing, the court may order Gateway web section Parenting After Adoption. periodic visits by a social worker to verify that all members of the family are adjusting well to In addition, Child Welfare Information the adoption. A final adoption hearing is then Gateway's National Foster Care and Adoption scheduled, and that may be a few months Directory lists adoption support groups in (or longer) after the first hearing. An adoption every State. Certificate and/or Order is issued at this Suggested Citation: Child Welfare Information hearing; the certificate will list the stepparent Gateway. (2013). Stepparent Adoption. U.S. as the legal parent of the child and the child's Department of Health and Human Services, new name if the adoption petition requested Administration on Children, Youth and a name change. You may wish to request extra Families, Children’s Bureau. https://www. copies of this legal document for your files. childwelfare.gov/pubs/f-step Your lawyer or the court will tell you whether or not you need to go to this hearing.
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