How to Adopt a Stepchild Through Marriage

Now that you are married, the question may be raised as to whether or not you should adopt your new stepchild. As the new parental figure of the family, it is your legal responsibility to care for those who are part of the household, especially underage children. Each state has different laws about what it takes to adopt a stepchild through marriage, and the process also depends on how willing the biological parent is to give up custody of the child so that you can become the adoptive parent.

Instructions

    • 1

      Research the adoption laws in your state. You should meet with an adoption attorney to review the regulations and guidelines regarding adoption. Meeting with a qualified professional will let you know whether your situation qualifies you to adopt the stepchild or not, along with what type of paperwork needs to be completed, what the processing timelines are and if there are fees involved.

    • 2

      Talk to the biological parent, if the parent is part of the child's life. If the biological parent of the child has already relinquished parental rights, then you do not need to get back in touch with the parent. However, if the parent is still the biological parent who has custody over the child, a discussion will need to be had between the prospective adoptive parent, biological parent and possibly the adoption attorney handling the case. You will want to talk to the parent about your desire to adopt the child legally and be the primary provider. This is a difficult conversation to have, and biological parents may not be willing to accept this proposal. Unless there is reason, such as danger to the child, the parent has the choice to not sign away parental rights.

    • 3

      Do everything that your adoption attorney tells you to do once it is agreed that you can adopt the child from your marriage. If you are ordered to get a fingerprint clearance check before the adoption orders can proceed, then get your fingerprints taken. Fill out all of the forms, submit the fee payments and do not stray from the process.

    • 4

      Provide references. As someone who wants to adopt a child through marriage, a counselor may need to interview your personal references to find out if you make a qualified parental figure. Select people in your life who know you, such as friends and family, and let them know ahead of time that they may be contacted by the adoption courts for an interview, or that they may need to write a reference letter.

    • 5

      Attend your adoption hearing. The hearing is when the family law judge reviews your adoption case. You may be asked a series of questions about your marital status, your history and your desires to become a stepparent. Await the final results from the court judge. You might need to attend a finalization court hearing where the final outcome is announced.

    • 6

      Apply to amend the child's birth certificate, so that your name is listed as one of the parents. Birth certificates are legal documents, and can only be amended with the documentation from the courts or judge that you have become the legal parent over the child.

    • 7

      Talk to the stepchild about what it means to be adopted. The stepchild may or may not be old enough to understand what it means to be adopted. If the child still has a relationship with the biological parent, it is important to discuss how this relationship will be impacted.

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