Everything You Need to Know About Adopting a Stepchild
Family doesn’t always end in blood, and you may love your partner’s child as if they were your own. If you’d like to solidify your connection with your stepchild, you can go through a legal adoption procedure.
Expanding your relationship with your stepchild can help them feel more comfortable, and it also helps with the legal process in the event something happens to their birth parents.
If you’re wondering how to legally adopt a stepchild, there are multiple legal hurdles to cross to make this happen. Our adoption attorneys can personally examine your situation to make sure you meet the legal requirements necessary to adopt a stepchild. They can also be a crutch as you go through the process of obtaining parental rights from the birth parent(s).
Many people have questions about adopting a step child, and our family law attorneys have listed the most frequently asked questions below.
Do We Need to Be Married?
A child is only your stepchild if you are married to one of their parents. You must be legally married in order to adopt your stepchild. Two unmarried biological parents can have shared or joint custody of a child, but that’s because they are the child’s birth parents. You can only adopt a child if you are married to their biological or legal parent, or if it’s a traditional adoption and the child has no legal parents.
What Happens if We Get Divorced?
It’s never a bad idea to think about the future and plan for the worst-case scenario. While you and your partner are getting along well now, you can’t rule out divorce several years down the line. If you adopted your spouse's child, then you will be legally responsible for them and entitled to the same rights as a biological parent.
If you get a divorce, then you are still tied to the child because they are legally your responsibility. The divorce and child custody process will be typical; therefore, you will have the same custody and visitation battle as a traditional divorce. This may result in you paying child support out to your ex-spouse or vice versa.
Who Has to Consent to the Adoption?
If you are adopting a stepchild, you must check in with their other biological parent to get consent. Obtaining a parent’s consent is legally required to adopt the child.
Getting the birth parent to give up their responsibilities can vary in difficulty depending on how involved in the child’s life they are. Oftentimes, the other birth parent has little to no contact with their child, so they aren’t hesitant to give up parental responsibility. If they’re an absent parent and their parental rights have already been terminated, then you don’t have to get their consent.
If the child is over the age of 12, they will also need to give consent to their own adoption. Regardless of the child’s age, any lawyer for stepchild adoption will tell you that you need to have a calm discussion with the child about their wishes regarding adoption. Don’t be surprised if they push back at first, but you are welcome to explain why you think it’s a good idea. Just remember to keep it calm and hear the child out.
My Partner and I Are a Same-Sex Couple. Can I Adopt Their Child?
If your partner has a biological child from a past relationship, you may want to welcome them into your same-sex household. Since 2015, same-sex couples can legally adopt in the United States, and family court lawyers in Los Angeles will tell you that you can go through this process like any other couple.
Why Should I Hire a Lawyer for Stepchild Adoption?
It’s highly recommended that you hire an attorney to help you through the adoption process. Burns Attorneys is a law firm that assists people with family issues in Los Angeles. We are well-versed in making the stepchild adoption process as fast and stress-free as possible.
These matters can quickly become emotional, so allow the civil proceedings to be handled by our legal experts. By having an attorney handle this process, we can provide you with the most favorable results.
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