There's no better way to show your new stepchildren your love and commitment than by taking steps to adopt them. Stepparent adoptions differ from other forms, largely because both of the child’s putative parents are involved and must consent before a new spouse can be granted legal parental status. This guide outlines important details about this process.

All Parents Must Consent

In Tennessee, both putative parents need to give their consent for a stepparent adoption to move forward. You will join your new spouse on the petition to adopt; if their ex is voluntarily terminating their parental rights, they will join the petition as well. This process is known as related parental consent. Your spouse’s ex will not be required to appear in court, but they must submit a notarized affidavit and sign the necessary adoption documents.

Parental Rights Can Be Involuntarily Terminated

If your spouse’s ex refuses to grant related parental consent, ask a lawyer whether you have grounds to involuntarily terminate their parental rights. Grounds for termination include abandonment for at least four months before the petition date; an unsafe home environment due to abuse or neglect; and a lack of competence or failure to provide adequate care for the child. The other parent may contest these claims, but the court will determine what is in the child’s best interest.

Tennessee’s Unique Requirements

While parents seeking a traditional adoption in Tennessee must complete a home study and six-month waiting period, these requirements are usually waived in stepparent adoptions. In these situations, the courts already view the stepparent as providing a stable home environment and an established loving relationship with the child.

If the child in question is over 14 years of age, they must also consent to being adopted by their stepparent. If you want the family to have the same last name, this will be addressed in the petition, and the child’s records will be amended to recognize your parental status after the adoption is finalized.

Stepparent adoption can be a complex process, and a family attorney will help you make sense of your options. Castles Family Law in Brentwood, TN, will inform you of your rights, file all necessary paperwork and legal motions, and communicate with courts, government agencies, and other parties associated with the case. The firm offers support to family law clients throughout Williamson, Rutherford, and Davidson counties. Call (615) 804-6086 to schedule a consultation, and visit their website for details about their children’s services.