Families grow in a variety of different ways. Many families are bound by blood or genetic relationships. People who have children together have to share parental rights and responsibilities regardless of how their relationships later change.
Other families grow through marriage or special legal processes. Adoption is one of the ways to legally add a new member to a family. Stepparents are among those who are most likely to want to adopt a child. Those already living with and providing for a child may want to make their relationship official.
Doing so protects the child’s right to inherit from the stepparent’s estate. A stepparent adoption also helps ensure that a stepparent has custody rights in the event of a divorce or the death of their spouse. Stepparent adoptions have unique requirements under state law, including (generally) the need to secure consent from both parents.
Spouses aren’t always excited about adoption
In many cases, a spouse who is also a parent is enthusiastic about the possibility of a stepparent adoption. They view it as a way to strengthen the family and provide more support for their child. However, there are a number of reasons why a spouse may question the need for a stepparent adoption.
Perhaps their child receives certain survivor benefits because the other parent has died. Maybe they receive health insurance or other support from a surviving parent. The first step necessary in a stepparent adoption scenario is often discussing the matter with a spouse and ensuring that the adoption is beneficial for everyone.
The other parent also needs to consent
Getting approval from a spouse is often just a technical requirement. The bigger challenge usually relates to the rights of the other parent. If the other biological or adoptive parent of the child is alive and the state has not terminated their parental rights, then they likely need to grant their approval for the adoption.
They have to execute voluntary paperwork rescinding their parental rights. Doing so absolves them of parental responsibilities, including the obligation to pay child support or provide health insurance coverage. Some parents may agree to support a stepparent adoption. Others may refuse.
Stepparents and their spouses often need help determining if their circumstances are likely to result in a successful stepparent adoption. Securing support while preparing for the adoption process can increase the likelihood of success and help families overcome the various hurdles to changing legal family relationships.