Stepparent adoption can make an established family relationship official under the law. If you have been raising your spouse’s child as your own, the following questions and considerations can help you understand the process.
Is Stepparent Adoption Right for Your Family?
Consider how fully the child is already part of your family life:
- Have you been raising your spouse’s child and treating the child as your own?
- Do you live together as a family unit?
- Do you love and support the child as you would your own child?
- Does the child have half-siblings who are the biological children of you and your spouse?
- Does the child want to share the same last name as the rest of the family?
The Biological Father’s Role
The biological father’s history with the child may be important. Consider the following:
- Has the biological father ever been involved in the child’s life?
- Does he pay child support?
- Has he maintained a meaningful relationship with the child?
- Is he in prison, and will he remain incarcerated for most of the child’s childhood?
Making the Family Unit Official
If you want to adopt your stepchild and make your family relationship official under the law, you may file for stepparent adoption in the court where the child has lived for the previous six months. If the child is 12 years old or older, the child must consent to the adoption.
The process begins by filing a Petition for Stepparent Adoption.
When the Biological Father Consents
The process is generally easier when the biological father consents to the adoption. Some biological parents consent because, after the adoption:
- The biological father is no longer responsible for child support.
- The adoptive stepparent becomes responsible for the child’s needs.
When the Biological Father Does Not Consent
You may still be able to proceed when the biological father will not consent. However, you must show that he has abandoned the child or has not maintained meaningful contact with the child.
Possible signs of abandonment or a lack of meaningful contact may include:
- No contact with the child for several years
- No communication by phone, email, or text message
- No child support payments for many years
- No presents or in-kind gifts, such as toys or clothing
The answers to these questions can help clarify the biological father’s level of involvement and may be relevant to the stepparent adoption process:
- When was the biological father’s last contact with the child?
- When did he last provide financial support?
- Has he ever sent the child toys, clothing, or other gifts?
- When was the last time he provided any gift or other form of support?
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.