An adoption by a stepparent is a wonderful statement of love given by a caregiver blended into a family. It is an opportunity to be recognized as a mother or father in both the familial and legal sense. It also gives the stepparent the full ability to act as a parent for a child. The process is both a happy and satisfying process for families and attorneys alike.
Benefits of Adopting a Stepchild
As an adoptive parent, you will have full parental rights in making decisions for the child. The roadblocks you may have met as a stepparent would dissolve. You would be able to make decisions regarding such areas as healthcare and education. Your child will be your legal responsibility. You will also be giving your child the right to inherit, just the same as if they are a birth child.
Steps in Adopting a Stepchild
The first step is terminating a biological parent’s rights. The is most commonly a voluntary process. The biological parent would sign a form authorizing this step. If the child to be adopted is over 14, they must also consent. If the biological parent is deceased, this step is not necessary.
Sometimes, the biological parent does not consent to signing away parental rights. In the case of an involuntary process, the court must terminate the rights. The parent seeking the adoption alongside the stepparent must petition the court to terminate the parental rights of a biological parent by proving that the parent has either abandoned the child or has put the child at risk.
The next step is petitioning the court for adoption. This is submitted by the parent who has retained parental rights and the adopting stepparent.
The final step is the court hearing. All parties will be present, and the child, if old enough to take part, will be asked if it is their wish to be adopted. Upon a successful hearing, the stepparent will become the legal parent of the child, and paperwork identifying the child’s identity will be changed to reflect this.
Same Sex
At times, we get questions about stepparent adoptions with same sex couples. This works the same as any married couple in Minnesota and would be treated no differently.
Call Us
If you are a stepparent or married to a stepparent and want to discuss a stepparent adoption, call us at (612) 294-2200 for a free consultation. One of our experienced Minnesota adoption lawyers will walk you through the process and talk about the next steps in bringing your family closer together.
