Adopting a stepchild has practical and emotional benefits, giving stepparents legal rights and bringing the family closer together. While the process is not as lengthy or complex as adopting a new child, family law can be confusing and intimidating for stepparents considering adoption. Below are answers to some frequently asked questions about adopting your spouse’s son or daughter in Nebraska.

What to Know About Adopting a Stepchild

What if we get divorced after the adoption?

An adopted parent has the same legal rights and obligations as a natural parent in a divorce, so you will still be able to seek custody if your marriage doesn't work out. Adoptive parents can also be required to pay child support and will retain the right to make significant decisions on their child’s behalf.

Whose consent is needed for adoption?

Ideally, the other biological parent will give consent for the adoption as you will be subsuming their role as guardian. However, in some family law cases, you can proceed without it. If the other parent has been absent from the child for several years and failed to provide financial support, the court may terminate their parental rights. In Nebraska, children over the age of 14 must also consent to be adopted.

Will I have to undergo a background check?

Family law courts must make their decisions based solely on the child’s best interests, so all adoptive parents must undergo an extensive background check. You may also have to pass a home check by a social worker before the adoption can be approved.

What are the benefits of adopting a stepchild?

Only legal parents have the right to make medical decisions on a child’s behalf, enroll them in school, and perform other critical tasks. Adopting your spouse’s child gives you the ability to provide a higher standard of care, and may make your blended family feel like a more cohesive unit.
 

Since 1893, The Law Offices of Bromm, Lindahl, Freeman-Caddy & Lausterer has helped clients throughout Nebraska navigate a comprehensive range of family law matters, from divorce to adoption. If you’re hoping to adopt your stepchild, their legal team will make the process as easy as possible. Visit their website for more on their services or call (402) 443-3225 to schedule an appointment with an experienced lawyer today.