Although adopting your stepchild is not as complex as other types of adoption, it will still present its own unique legal challenges. When you adopt your stepchild, the child’s other birth parent will lose all legal rights to the child, which is why a stepparent looking to expand his or her role may face some obstacles throughout this emotional legal process. Continue reading to learn more about the process of adopting your stepchild.
Adopting Your Spouse’s Children
Getting married and carrying for your spouse’s children as your own can be an incredibly fulfilling and rewarding experience. In some cases, a stepparent may even wish to further strengthen their bond with the children by pursuing an adoption. If your stepchildren do not have a relationship with their other biological parent, seeking an adoption can potentially be a much smoother process, especially if that parent has an interest in ending child support payments.
On the other hand, if that parent does not consent to the adoption, you will run into some hurdles. Generally, the court will only terminate a parent’s rights under a handful of circumstances.
Below are some of the circumstances in which parental rights may be terminated:
- The parent abandoned the children. Abandonment can include a lack of communication, financial support, or no communication for one year.
- The parent was deemed unfit by the court. If the parent was neglectful, abusive, failed to visit the children, has a substance abuse problem, or is incarcerated, a judge may consider him or her unfit and parental rights may be terminated, ultimately making the adoption possible.
- If you can show that the other parent is not the presumed father, you will not need his consent for the adoption.
Expanding your role as a parent and bringing your family closer together is a wonderful thing. Make sure you retain skilled legal counsel to assist you with the process.
Schedule a Consultation with a Compassionate Legal Professional Today!
If you wish to adopt your stepchildren, you can do so in a process that is substantially easier than what you may go through with other forms of adoption. However, obtaining the consent of the other parent or terminating his or her rights may prove to be a major obstacle. At Nelson, Taylor & Associates PLLC, our family law team can provide the legal support and guidance you need to achieve the best possible results. We know how important family is and what strengthening these bonds can do for children. You can rely on our experience and skill to help you through each step.
Reach out to our law office today at (801) 901-7046 to set up a free consultation and discuss the details of your adoption case with a member of our legal team.