This toolkit tells you about stepparent adoption. This is for you if you want to adopt your stepchild, if your spouse wants to adopt your child, or if your child’s stepparent wants to adopt your child. For general information about stepparent adoption, read the Articles. Read the Common Questions if you have a specific question. If you want to adopt your stepchild, use the Forms link to prepare your forms. The Checklists below have step-by-step instructions to ask the judge for a stepparent adoption. Go to Courts & Agencies for information about the court or agency that will handle your case.
You'll find links to legal aid offices and lawyer referral services under Find A Lawyer. If there is a Self-Help Center in your area you can get more help there. If you need something other than legal help, look in Community Services. If you need a fee waiver, an interpreter, a court to accommodate your disability, or more information about going to court, visit Going to Court.
Common Questions
Stepparent adoption is a court process that lets a custodial parent’s spouse adopt the parent’s child. It can be used if the biological parents are divorced or were never married. The new spouse files a Petition for Adoption and other forms to start the process.
Stepparent adoption is permanent. If the judge approves it, the other parent loses all custody and visitation rights. They won’t have to pay child support or have any other responsibilities for the child. The stepparent is a new legal parent. The stepparent will continue as a legal parent even if they later divorce their spouse.
The other parent’s parental rights must be terminated before the judge approves a stepparent adoption. For this to happen, the other parent must either agree to have their parental rights voluntarily terminated or have their parental rights involuntarily terminated by the judge.
If the child's other parent doesn’t agree to give up their parental rights, an involuntary termination of parental rights is possible.
The judge can terminate the parental rights of the other parent if all the following are true:
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The parent has substantially failed to support the child financially for two or more years;
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The parent has substantially failed to visit or contact the child for two or more years; and
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The parent had the ability to support the child and to visit or contact the child during the two-year period.
The petitioner (the stepparent) must prove by clear and convincing evidence that termination of parental rights is justified.
Yes. If the other parent agrees to the adoption, they must appear in court and sign the required consent forms. At this time the other parent voluntarily gives up all of their parental rights to the child. The judge may ask questions to make sure that this parent’s consent to the adoption is genuine. The judge will likely ask the stepparent and stepparent's spouse questions to make sure the adoption is in the child’s best interest.
If the other parent does not agree to the adoption, there will be an evidentiary hearing. If you get to this stage in the case, you may want to consider talking to a lawyer. Stepparent adoption in this situation is not simple. Use the Guide to Legal Help to find lawyers and legal services in your area.