Having a stepchild is like having a bonus child. You love them as if they were your own flesh and blood, and treat them in the same manner you would your own children.
When you have a close bond with a stepchild, you may consider adopting them legally as your child. Adopting a stepchild is not something that should be taken lightly.
In doing so, you are legally stating that you will assume the legal, financial and emotional responsibility for your spouse’s child or children, and this releases the responsibility of the noncustodial parent.
This also means that the noncustodial parent is released of obligation and responsibilities towards child support too, and you are instead liable. So, it is not often an easy decision to make.
However, if you do make the decision to adopt a stepchild, then there are many things that you should know about, and you may have lots of questions on how to get the process started. We will answer all of these questions here.
How To Adopt A Stepchild?
Adopting a stepchild is one of the most common forms of adoption within the legal system today. As such, it can be a simple process to adopt a stepchild. Most states do have different laws for adoption, which you will need to consider beforehand.
For instance, some states require the stepparent to be married to the child’s parent for a certain number of years, whereas others require lawyers in order for the adoption process to be considered.
In addition, adopting a stepchild requires consent from the child’s parents (see also “Can A Child Be Adopted Without The Consent Of Both Parents?“). In most cases, this will be the stepparent’s spouse, and a noncustodial or absentee parent.
For the majority of cases, both parents will need to consent to you adopting the stepchild. In some states, an older child must also consent to being adopted by the stepparent too (see also “Can A Felon Adopt A Child?“).
In doing so, the absentee or noncustodial parent therefore relinquishes all rights associated with the child. If the noncustodial parent does not consent, then it is likely that you will not be able to adopt the stepchild by law.
However, this is often considered on a case by case basis, as if the noncustodial parent has had little to no communication with the child, and contests the adoption, the state may allow it anyway.
Steps To Adopt A Stepchild
If you want a more blended family, and wish to adopt your stepchild, then there are a few steps that you need to take. Firstly, it is best to discuss the matter as a whole family.
While adopting may seem like a wonderful and gracious thing to do, you need to know how everyone feels about it, including the child. In many cases, adopting a child legally removes the biological noncustodial parent from the child’s life, which can be difficult to handle.
The child may need to take your surname, which can cause some discomfort for many children, as they could feel that they are losing a parent. This is why it can be a good idea to seek help from a family counselor and discuss the matter before moving forward.
The next step is to consider the legal repercussions. If the adoption goes forward, then the stepparent will have legal rights to the child, even if they divorce from the parent. This means visitation, and even custody in some cases.
Adopting a child does not only mean that you take on the parental responsibility, you are also financially and legally liable for the child, and would have to pay child support in some circumstances.
This also means that the child would no longer be liable to inheritance or financial support from the biological noncustodial parent. If you decide to move forward, the next step is to gather your documents.
You will need marriage papers, copies of the child’s birth certificate, and if the biological parents are divorced or either are deceased, then you will need copies of those certificates too.
In addition, you will need to provide documentation of the child’s property, funds, or inheritance. Then, it is time to hire a family law attorney, or decide if you will represent yourself.
We would recommend that you hire an attorney to make the process smoother, particularly if one parent will not consent to the adoption. Next, fill in the adoption petition.
You will also have to pay the adoption fees for the petition, which can range from a few hundred dollars to over a thousand dollars. You will also need to gain consent from the noncustodial parent, and they will need to sign to agree their consent.
This is not always needed if the parent is absent or deceased. However, you will need to make an effort to locate the absent parent to gain consent. Ensure you check all state laws have been followed to ensure the adoption process goes smoothly.
The next steps then involve going to a court hearing, complying with any orders issued by the judge, and providing documentation. You will also likely have a home study if needed, for the judge to ensure the home is safe and reliable for the child.
After all of the checks, and sometimes the child’s consent is also considered, you will need to attend a final court hearing. Then, the decision will be made.
Finally, if the adoption goes through, then you will be able to file for a new birth certificate, and are then able to update all of the child’s records to reflect the changes.
What You Need To Know?
One of the many questions we get asked is how much does it cost to adopt a stepchild?
This varies on a case by case basis, but when you consider the cost of the adoption petition fee, gathering information and copies of documentation, it can cost between $1500 to over $2500 to adopt a stepchild (see also “How Much Does It Cost To Adopt Someone Over 18?“). This is without legal fees for a lawyer.
If you do require any legal advice during the adoption process, then let us help you at Adoptionforall.com. We have a team of legal representatives that are trained in adoption related matters that can help make the process so much simpler for you.
Final Thoughts
Adopting a stepchild can be a wonderful experience, but you do have to follow all state laws and regulations in order to make it work. As long as you have consent from all of those involved, then adopting a stepchild can be fairly straightforward.
Hi, I’m Joan Crassel, and I started my firm in 2006, with the goal to help and represent clients in a range of adoption-related matters.
Since then, the firm has gone on to aid hundreds of clients in adoption proceedings, and in other areas of family law.
With this site, I hope that you can find all of the answers that you are looking for, with in depth guides and informative articles from lawyers, not bloggers or social media influencers. We have actual first-hand knowledge of the adoption process, and can provide you with insight that no one else can.
