When you marry someone who already a child, you find yourself getting an instant family and a little one to bond with. How can you become closer to your stepchild and have a clearer parental role in their life? You can adopt them. Before you consult an adoption lawyer, here’s more information about what legally adopting your spouse’s children entails.

4 FAQ Every Stepparent Needs to Know Before Consulting an Adoption Lawyer

Do both parents have to consent?

Yes, both parents have to consent to the adoption. While getting your partner’s consent may not be a problem, you’ll also have to get the other parent to agree. That individual is giving up their parental rights and passing those rights to you. If the parent isn’t actively involved in the child’s life, they may welcome this as an opportunity to avoid child support payments. However, if the parent is devoted, the process may become litigious.

Can you get the other parent’s rights terminated?

Your only other option will be to get that parent’s rights terminated by a family court judge. The process may involve hiring an adoption lawyer to prove that the parent is unfit by providing proof of abandonment, abuse, or neglect.

If the other parent is male, and you can show he’s not the biological father, his parental rights can be automatically terminated.

If you’re in a same-sex relationship, can you still adopt your partner’s child? 

In 2015, Obergefell v. Hodges made it unlawful to deny same-sex couples the ability to marry in any state. The landmark case also ensures that same-sex couples enjoy the same rights and privileges of heterosexual couples. As long as the child’s other parent hasn’t hired a custody lawyer and initiated a lawsuit, you have the same rights as any stepparent to adopt your stepchild.

Will you still have to go to court?

Even if you do get parental consent to adopt your stepchild, you will still have to go through an adoption hearing. It will be less complicated than other types of adoption because the child has already been living with you. This may negate the need for a home study, counseling, and other aspects common to the adoption process. Usually, the judge will ask you why you want to adopt the child, and they’ll ask the little one how they feel about being adopted by you.

Even though a stepparent adoption requires fewer steps than a regular adoption, you may still benefit from hiring an experienced adoption lawyer. Located in Elizabethtown, KY, and serving Hardin, Larue, Nelson, and Hart counties, McMahan Law Firm, LLC has the legal team you need to help your adoption proceed more smoothly. You can learn more about the firm by visiting their Facebook, or by calling (270) 986-7908.