Although stepparent adoption is not very different from other processes in which individuals take responsibility for children, requirements and specifics may vary across states. Nevertheless, the process is relatively easy to complete, especially with the help of a family law attorney. Here are answers to a few commonly asked questions about stepparent adoption.

What You Need to Know If You Want to Adopt Your Stepchild

Do I need the birth parents' consent?

Stepparent adoptions generally require consent from both biological parents. Some encounter difficulties obtaining the other party's permission since this involves waiving their parental rights. This means that the other parent loses the right to contact their child and make decisions for them. If you're finding it hard to get a birth parent's consent, consider soliciting legal advice from a family law attorney.

What happens if the other birth parent does not consent to the adoption?

You can petition for the termination of the other parent's rights. This process requires that you prove that the other party is unfit to provide care or is guilty of abuse or neglect. Unless you can show that the child has been severely neglected, ill-treated, or abandoned for at least six months, the court is likely to deny your petition. 

Can I adopt my stepchild if the other birth parent has passed away?

You can still pursue the adoption even if the other biological parent is deceased. However, you must prove to the court that the adoption is in the child's best interest. While there are no established guidelines for these cases, the court typically considers factors related to the child's safety and well-being. When submitting your petition, be sure to include proof that the other birth parent is deceased, particularly a death certificate.

How long does the adoption process take?

The duration varies with your case's circumstances and the local courthouse's schedule. A straightforward stepparent adoption can be completed within three months or less, while a contested process will take much longer. A family lawyer will guide you through your state's adoption process and make it as trouble-free as possible.

Increase your chances of completing the adoption process by speaking to a skilled lawyer from Stephenson & Stephenson, PA. For over 30 years, this North Carolina law firm has been going the extra mile to help clients throughout Lee, Chatham, Moore, and Harnett counties when it comes to family law, real estate, estate planning, prenuptial agreements, and living wills. Call them today at (919) 774-6182 to schedule a consultation, or visit their website to get in touch with them online.