Adopting a stepchild is the most common form of adoption. It is more critical than the normal adoption process as the step parent now becomes legally responsible for the child. He or she is the legal parent after the adoption process. After the step child adoption, the non custodial parent has not legal rights or responsibilities for the child. He or she is not liable for child support from here on. There are some steps to be fulfilled to legally adopt a stepchild
How to Legally Adopt a Stepchild:
When it comes to becoming a wholesome family, with everything that was his and her to come to a place where they share it are OURS. There is a legal process for adopting the biological children of your spouse enables the child to become legally your own child too. There is no difference after adoption in the rights of the parents whether biological or step parent. Some of the legal procedures for stepchild adoption are:
1. Since it is a big step first discuss within family:
There must be a proper brainstorming session done before deciding for the adoption of step child. Its not just the usual stay after the adoption process, but a more monumental change for one of the biological parent gets removed from the legal parents list. The child no longer is a responsibility of the biological parent who was away. He or she has absolutely no rights or custodianship anyway. The consent of child is very important as its a huge psychological setback. You may have a counselor come in for details discussions about the stepparent details.
2. Know the legal procedures:
Adopting a step child is a lifelong legal stand. The 3 parties involved will never share the same relation. The step parent, the child and the biological parent all three would see permanent legal consequences. The biological parent and now the spouse of the stepparent must be aware that from now on even if they divorce all the legal proceedings of parent and custody are given to the legal step father who has adopted the child. The biological father hold no authority whatsoever
3. If they divorce after this, the stepfather now has to pay for child support and not the biological parent
4. The child forfeits all claims to the inheritance of property from the biological parent and his family. The step child now is only entitled to the inheritance of stepdad who is adopting her or him
5. Prepare the documents:
All you would need is certified copy of child’s birth certificate, marriage certificate and divorce documents of biological parents if there are any or death certificate of the deceased biological parent. You would need an address of biological parent to send petition, if unavailable then journal honest efforts in finding him or her.
6. Documents related to child’s property:
After you become adoptive parent you gain rights to access the stepchild’s property. This must be duly mentioned in the adoption petition.
7. You may represent yourself or appoint a family law attorney:
If there is consent from biological parent or he or she is deceased and all other documents are in line then its a simple petition, you can represent yourself. For other cases consult a family law attorney.
8. Budget the fee for adoption and payments to attorney:
Consider a fee of $1500-2000 including all expenses from filing petition, to attorney fee, criminal history checks, birth certificate cost and many more.
9. Filing of the adoption petition:
File and fill out everything carefully. You may add more stepchildren names and details if adopting all of them at the same time. Fill out all the details correctly.
10. You must file this along with fee to the courthouse of the county where you have lived with the stepchild for at least 6 months.
11. Consent from non custodial parent:
It can become the hardest part of adoption process if the biological parent refuses to give consent. The biological parents get free from child support or any other legal responsibilities of the child.
12. If the biological parent does not consent:
If that parent is absconding or hostile to consent, contact your attorney. You may have to show attempts to locate the missing parent and document them too. If the parent has not contacted for over a year and has not given child support for over a year the chances are easy to get adoption approved.
13. Finalizing the adoption occurs when you attend a court hearing after the expiry of service days. Just comply with the orders of the judge now on
14. A home study by social workers: Child protection agencies may be ordered to conduct a home study. To check the situation at home.
15. Child consent:
Usually, after 14 years the child is asked to appear in the courtroom to show his or her consent.
16. After the final hearing, the judge decides the further decision. When you get adoption approved, get a new birth certificate of the child with your name as parent.
Some FAQ’s on how to legally adopt a stepchild:
- How difficult is stepchildren adoption: It is pretty simple and with biological parent consent it gets speeded up
- Consent from birth parents:
- Yes a consent from the birth parent is needed for pursuing adoption
- If the consent is not obtained, you can seek to terminate the legal rights. This can be done if the biological parent is unfit, has abandoned the child or is not the biological father.
- Same sex partners can also adopt in the same way. Provided the state has to legally approve same sex parent’s adoption of a stepchild.
Some steps for how to legally adopt a stepchild:
- Check your state laws for the adoption of a stepchild
- Contact the courthouse of your county which handles adoptions
- Check document requirements
- File adoption
- Go to the hearings
- Finalize adoption
- Get a new birth certificate for the adopted child.
The above compilation on How to legally adopt a stepchild is to help spouses seeking to adopt their partners biological children. Be sure to check with a family law attorney for more details.
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