A stepchild can be a treasured addition to a stepparent’s family. When they get married, they gain not just a spouse but also a child. Unfortunately, the relationship between the stepparent and stepchild largely depends on the marriage.
If the stepparent divorces the stepchild’s parent or if the family experiences a tragedy, the stepparent may not have the legal rights to continue a relationship with a minor stepchild. Stepparent adoption helps protect stepparent relationships in the event of family tragedies or divorces.
Stepparent adoptions can also give stepchildren access to employment benefits and inheritance rights. Stepparents who have stepped up by providing practical and emotional support to a stepchild may expect a straightforward adoption process. However, there is one major hurdle that a family likely has to overcome before a stepparent can adopt their stepchild.
Both parents have to approve
Generally speaking, stepparents tend to discuss stepchild adoption with their spouses before discussing the matter with a lawyer or the child. Occasionally, a stepparent’s spouse may have a compelling reason that an adoption might not be the best option.
Factors including survival benefits or cultural concerns might make a stepparent adoption less beneficial than it might initially seem. Other times, the spouse agrees to the stepparent adoption. However, the couple must then get permission from the other parent.
If the child’s other parent is alive and the state has not yet terminated their rights, they typically have to approve of a stepparent adoption. They have to sign voluntary paperwork rescinding their parental rights and permitting the stepparent adoption.
For some people, a sense of pride may prevent them from giving up their parental rights. Even those who don’t spend time with their children and refuse to provide financial support may insist on maintaining a legal connection to their progeny. Occasionally, the potential termination of child support obligations can convince an uninvolved parent to voluntarily rescind their parental rights.
If they do not sign paperwork allowing for an uncontested adoption process, then the stepparent and their family must make difficult choices. It is often best to verify that both surviving parents are on board with the idea of a stepparent adoption before initiating legal proceedings or discussing the idea with the child.
Understanding what the state requires during a stepparent adoption may make it easier for a family to navigate the complex adoption process. With the right support and guidance, many stepparents can become legal parents and enjoy all the rights and responsibilities that come with that new status.