Consider sessions with a family counselor. This helps to make sure everyone understands what a stepparent adoption means to the family, and helps ensure it’s what the child wants.
The biological parent needs to know that this adoption makes your current spouse the child’s legal parent. If you divorce, your spouse has the right to visitation and even custody. If you remarry again and want the new spouse to adopt your child, you will be seeking the consent of the adoptive parent, not the biological parent. The adopting parent takes on all legal rights and responsibilities of parenthood. If you divorce, you will be required to pay child support for your adopted stepchild. Your adopted child gains the right to a share of your estate, even if that lessens the share that goes to your biological children. The child forfeits all claims to inheritance from previous family. The absent parent, grandparents, and other relatives of the parent who gave up rights in the adoption may make voluntary gifts to the child, but there is no standing to contest a will or claim a statutory share of the estate.
If the non-custodial parent is living, you will need an address for service of the petition. If you don’t have an address, you need to make honest efforts to find it. The minimum efforts the court will expect include Internet searches, contacting his/her family, looking in phone directories, and reaching out to former friends. Document these efforts in a journal so you will remember them.
All courts have a process for waiving some or all of the filing fees. It is dependent on your family income and assets. Ask the court clerk for the procedure in your local court.
Ask the court clerk if they have a fill-in-the-blanks stepparent adoption package. These forms will have been vetted for accuracy and accepted by the court before in adoptions. Expect the cost to be around $10. Contact your local Legal Aid office to see if they have a do-it-yourself stepparent adoption package. The forms have been reviewed by an attorney and will comply with local requirements. Expect the cost to be from free-of-charge to under $10. [3] X Trustworthy Source Legal Services Corporation Independent nonprofit established by Congress with a mission to provide financial support for civil legal aid to low-income Americans Go to source Hire a local legal document preparation service or attorney who offers unbundled legal services. The cost can range from around $50 to $200 depending on the jurisdiction. This is a good option if you are petitioning the court for a stepparent adoption and you do not have the explicit consent of the absent parent. Once complete, you will file your petition, with the fee, in the courthouse of the county where you have lived with the child for at least six months. You must file in your county of residence, even if another courthouse is closer.
Once the adoption is complete, the non-custodial parent is freed from all further child support obligations. Past due support can still be collected, but no further support will accrue. [4] X Research source If the other biological parent is deceased, this will be noted in the petition and a certified copy of the death certificate attached.
If you believe the adoption will be hostile and contested by the other parent, you should consult with an attorney before you proceed. A non-cooperative parent seriously complicates the procedure and may result in a trial. Unless you have specific legal training and experience, the trial could not only result in denial of your adoption, but a challenge to the custodial spouse’s rights of custody.
State laws vary, and it is critical that you follow the law in your state. A good general rule is that if your child has not heard from his/her other parent for over a year, and there has been no financial support for over a year, then the court will grant your adoption. [6] X Research source However, this is only a general rule. Local rules vary tremendously. You should make a reasonable good faith effort to locate the other parent. Reach out to family and mutual friends. Search the Internet and phone directories. [7] X Research source Some states have a “putative parent directory,” where people trying to locate their children register. Document your efforts. If the judge does not believe that you were diligent, the adoption will be delayed or even dismissed.
Once the judge grants permission for publication, go to the newspaper in your county authorized to print legal notices. They will help you prepare the notice for the newspaper and give you proof of publication according to your state law. The fee will be around $100 and cannot be waived by the court. [8] X Research source
This is the absent parent’s opportunity to appear. If (s)he does appear, you can either talk to him/her about consent or consider your next move if (s)he refuses. If the absent parent does not appear, you are not required to give him/her any further notice. You are also not required to make any further attempts to contact him/her unless explicitly ordered to by the judge. Be sure to comply with any orders issued by the judge. If the court wants additional documentation or information, supply it as soon as possible without question. If the judge orders criminal background checks, you may be required to meet with a court officer and sign a release so they can get your information.
The court has the discretion to order a criminal background check on the adopting parent. If the adopting parent has a record of charges involving child abuse or neglect, or his or her own history of back child support or abandonment, the court will be much more unlikely to grant the adoption. The judge may or may not want to meet the children. This is completely up to the judge. Some judges do not allow young children in the courtroom at all. It is best to have child care arranged before the court hearing. Ask the judge if (s)he wants you to bring the children to the final hearing. If your child is over a certain age–usually fourteen–then the judge will have to get his or her consent in order for adoption to proceed, as well.
You may be scheduled during the regular court docket. Even though this is a joyous time for you, the court may have other business to conduct. Definitely don’t bring a large group, cameras, balloons, or anything else that may interfere with court operations. Judges are not a group of people known for their joviality. Save the party for later. Some courts schedule special “adoption dockets” that are more relaxed and festive. At these special settings, judges will usually allow photos and a party-like atmosphere.
