Step-parent Adoptions

Step-parent adoptions usually occur within one of three scenarios: when a parent remarries after divorce, when a parent remarries after the death of a spouse or when a parent marries for the first time after having a child out of wedlock. When a step-parent chooses to formally adopt his or her spouse’s child, the child’s living birth parent must be made aware of the situation. The birth parent must then consent to the adoption or be ruled legally unfit to serve as the child’s parent before the adoption can be finalized; however, some states make certain provisions where consent is not required.

Step-parent adoption requirements can vary significantly from state to state, making it wise to consult an attorney before you begin the official adoption process. Some states, for example, require the consent of the child that will be adopted if the child has reached a certain age. If the child is old enough to give consent, his or signature will be required to provide official evidence of consent.

Most states require adoptive parents to complete an adoption home study to prepare for the various aspects of becoming a step-parent. With the home study complete and the necessary legal forms submitted to the Court, you would be notified of the adoption hearing date by mail or through your attorney. At the hearing, the judge will question the involved parties and then set a date for the adoption to be finalized. At the final adoption hearing, adoption certificates are issued and the legal parents then apply for the child’s birth certificate to be amended.