February 7, 2019 | Adoptions

Becoming a parent can be an amazing experience that gives your life added meaning and purpose.  Adoption is not only a great way to become a new parent, but it is also a great way to solidify your parental relationship with a step-child. Generally speaking, a step-parent adoption is when you adopt the child of your spouse. It is a bit different from a standard adoption because typically a relationship with the child already exists. The process for a step-parent adoption is a pretty simple, painless, and positive experience for everyone involved.  The process breaks down into the following steps.

The first step is to consult a licensed attorney that specializes in family law. At the consultation you are going to want to discuss the details regarding your current family situation and determine whether a step-parent adoption is a possible option.  In certain situations, there can already exist shared custody with the other biological parent, in these situations a step-parent adoption will probably not be possible unless there is consent from the biological parent whose rights would be extinguished, however always consult a licensed attorney to make sure.  If the biological parent is not a part of the child’s life or is out of the picture, then a step-parent adoption is more than likely an appropriate option. Even if the other biological parent is paying child support, a step-parent adoption can still be an option. Your attorney can analyze the situation and let you know what your legal options are.

If an adoption is possible and something you would like to pursue, then the second step would be to have your attorney draft the necessary paperwork, and file it with the court. This paperwork would need to be signed by the biological parent and the adopting step-parent.  Along with the drafted paperwork, the attorney would also need to submit a criminal background check, and a copy of a CAN registry check. The CAN registry is a database that keeps the records of individuals convicted of child abuse and neglect. After the necessary paperwork has been received by the court, you will be able to arrange a hearing date. At the hearing you will have the opportunity to go before a judge and have the adoption placed on the public record.

The third step is the hearing. While many people think that going before a judge at the courthouse is a daunting or scary experience, in this scenario it is just a short routine hearing where each party answers a few simple questions. Many judges even enjoy hearing step-parent adoptions because they are such positive experiences for everyone involved.  Some judges will even take a picture with the new parent right there in the court room to memorialize the moment. Once the hearing is over, you will request copies of the official order and a new birth certificate will be sent out from vital statistics.

These three steps outline the basic process for adopting your spouse’s child.  After you have adopted your step-child, your legal relationship will have changed and you will have all the rights and responsibilities of a biological parent. This means that the child will get an equal share of your estate if you die intestate (without a will in place), and the child will be entitled to the same governmental benefits that a natural child would.