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Who has to agree to a stepparent adoption?

On Behalf of | Jan 28, 2025 | Family Law

Blended families are quite common. Divorced individuals who have children from previous marriages often decide to remarry and create new, blended families. Those families sometimes face challenges that those in traditional nuclear families do not.

For example, stepparents have few protections under the law regarding their relationship with their stepchildren. If the biological parent of the children dies unexpectedly or if the couple divorces, the stepparent generally has no right to pursue custody of their children.

Stepparent adoption helps establish legal parental rights for a stepparent and can provide protection and stability for the stepchildren in the family. They can access insurance and have inheritance rights after the adoption. Stepparent adoption can be a complex process, in part because it requires approval from multiple parties. Who must agree to a stepparent adoption?

Both parents of the child must approve

In many cases, parental permission is the biggest obstacle for stepparents hoping to adopt. In some cases, their spouses may not approve of the adoption, possibly due to benefits secured through the other parent. Even when a stepparent’s spouse agrees to the proposed adoption, the other parent of the stepchild may not. Getting permission from the other parent in writing is necessary for most stepparent adoption scenarios. In rare cases involving abuse, neglect or other major complications, the courts might involuntarily terminate a parent’s rights to allow a stepparent adoption to proceed.

The child’s permission may be necessary

Typically, children have limited influence over their custody arrangements. However, there are scenarios in which the courts do consider the preferences of the child. Those scenarios include stepparent adoptions. If the child is 12 years of age or older, their consent may be a necessary part of the adoption process.

The courts must approve the adoption as well

The adoption process is not complete until a family law judge reviews the situation and finalizes the adoption. Typically, a judge has to agree that a stepparent adoption is in the best interest of the child.

While stepparent adoption can be a lengthy process, an entire family may benefit from legally changing the relationship between a stepparent and their stepchild. Reviewing family circumstances and state law with a skilled legal team can help stepparents determine whether pursuing a stepparent adoption is a viable option given their circumstances.

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