As a stepparent, legally adopting your stepchild can be pretty straightforward if your spouse’s ex (the other biological parent) gives their consent. All they have to do is sign the necessary paperwork relinquishing their parental rights for you to proceed with the adoption.
Things can become more complicated if that biological parent does not consent. In such cases, you and your spouse may need to pursue legal steps to terminate their parental rights.
Consent isn’t always required
Attempting to terminate a biological mother’s or father’s parental rights requires going through the courts. Some of the common grounds for involuntary termination of parental rights include:
- Abandonment: If the parent has had no contact with or has not supported the child for at least two years, the court may consider this abandonment and terminate their rights.
- Parental unfitness: This includes issues like abuse, neglect, substance abuse or criminal behavior that endangers the child’s well-being or demonstrates an inability to fulfill parental responsibilities.
It’s worth noting that terminating the parental rights of a biological parent can be a complicated undertaking. It requires providing convincing evidence and sometimes testifying in court to show that the termination is in the child’s best interests.
Moving forward with the adoption
If the court terminates the parental rights, you can formally begin the adoption process. This usually involves background checks, a home study and a court hearing to finalize the adoption. You will then have full legal rights and responsibilities as the child’s parent.
Seeking qualified legal guidance can go a long way in navigating the complexities of adoption and avoiding mistakes, paving the way for a stronger legally recognized bond with your child.