Step parent adoptions account for the majority of adoptions in the United States. Requirements have to be met, although they are typically not as invasive or prolonged as other types of adoptions. The best interest of the child must be met, along with the three adults involved. Every state has their own specific laws on adoption, including step parent adoption; however, there are general laws and rights that pertain to all parties involved.
Relationship History
Home studies are typically required in adoption cases, however they are usually bypassed for step parent adoptions due to the history of the child and step parent having a relationship before the adoption. Involvement and financial contributions made by the noncustodial biological parent are often taken into consideration, particularly if the noncustodial parent does not consent to the adoption. Most states have a clause for abandonment, in which the court will terminate the parental rights of the biological parent who has not lived up to his or her obligations to the child.
Significance
Upon completion of the adoption, the step parent has every legal right that he would have if the child were biologically his. This means he is responsible for the child's legal, physical, emotional, mental and financial well-being. If the stepfather and biological mother were to divorce, he would have the right to petition the court for custody or visitation like any other natural father. Child support, or financial obligations would carry over to whomever is named the noncustodial parent in the case of divorce between the adoptive parent and biological parent.
Identification
Legally adopting a stepchild terminates the rights of the noncustodial parent and her family. The stepmother is no longer referred to as the stepmother, but the mother. Besides being legally recognized by the school, court and everyone else, a new birth certificate is issued with the adoptive mother's name. For men adopting their stepchildren, their last name can legally be changed to his if the parents desire it.
Considerations
The rights of the child are considered before those of either biological parent or the step parent. The child will have to attend court, and depending on his age, he may have to state whether or not he wants to be adopted by his stepfather. Some states require the step parent to be legally married to the remaining biological parent for at least six months or one year before adoption can be considered. The completion of the adoption will terminate rights and financial responsibilities of the noncustodial parent while instituting full parental rights to the step parent/adoptive parent.
Contact with the biological parent and/or his family after the adoption is complete is something the family will have to decide on, if desired. Their previous relationship with the child and the impact either decision will have on the child should be considered. Ultimately, the family of the parent who had his or her parental rights terminated will no longer have any legal or visitation rights to the child.
Effects
Depending on the age of the child and the relationship she's built with her stepmother, adoption is usually the best way to make her feel "normal" and like she is a part of a typical "family unit." However, this is only the case if the biological mother is not consistently involved, not involved at all or has other issues--such as drug or alcohol problems--where the child does not come anywhere near first in her life.
Tags: biological parent, step parent, noncustodial parent, parental rights, will have, adoptive parent