If you’re planning to adopt a stepchild, you’re probably excited to get the process started, but you likely also have many questions about it. Before you consult a lawyer about the adoption process, consider the frequently asked questions below to help you determine your approach.

A Guide to Stepparent Adoptions 

Do both biological parents have to consent to the adoption?

In almost all cases, both parents must consent to the adoption. This process requires that the parent to whom you are not married to forfeit their parental rights, including the rights of visitation. This may be especially challenging if that parent decides they want to continue to be a part of their child’s life.

What are the legal requirements for a stepparent adoption? 

There are a few stipulations that you must meet in order to proceed with the adoption. First, you must be legally married to the biological parent of the child. You must also be able to provide proof that you have been living in New York for a period of six months or longer. Finally, your lawyer will have to file the adoption petition in the county in which you live. Each of these stipulations must be met, or the court will not consider the petition.

Can a stepparent in a same-sex marriage adopt?

Due to the 2015 Obergefell v. Hodges ruling by the U.S. Supreme Court, which required all states to grant and recognize same-sex marriages, individuals in same-sex marriages can typically follow the standard procedure to adopt the biological child of their married partner as long as the stepparent meets the proper qualifications.

How complicated are stepparent adoptions?

The procedure for a stepparent adoption is relatively simple, largely because the stepparent and child are already familiar with one another. Some parts of the process, such as the home visit, are not necessary, because the child is already living in the same home as the stepparent. For this reason, the adoption process is typically faster when a stepparent is going through the process.

Although a stepparent adoption is easier, working with an experienced lawyer can help you to meet the challenges of the adoption. Located in Middletown, NY, Cheryl A Beverson, Attorney At Law has been practicing law for more than two decades and has a deep familiarity with New York’s adoption laws. The law firm can help you address any issues that might arise during the adoption. To discuss your situation, schedule a consultation online, or call (845) 341-0008.