About Stepparent Adoption Rights

Stepparent adoptions account for over half of all the adoptions that take place in the United States. There are requirements that must be met in order to complete a stepparent adoption. While this type of adoption is a lot easier than any other type of adoption, there are still rights and regulations that a stepparent has.

• Relationship History:  The relationship between the child and the stepparent is very important. When a stepparent is considering adopting a partner's child, often there are home studies done to see how the child and stepparent interact with each other. If the noncustodial biological parent does not consent to the adoption, there is often an investigation into the relationship between that parent and the child as well before the adoption will take place. 


• Biological Noncustodial Parents: In many cases, the biological noncustodial parent is asked to consent to the adoption and sign paperwork that terminates their rights to the child. This can include the termination of child support, rights to visitation and any other ties they may have to the child. In many states, considerations such as neglect and abandonment are considered. 


• Significance: Once the adoption process is complete, the stepparent has every right that they would have they been the biological parent of the child. This means that they are now responsible for their legal, physical, emotional, and mental well being. If the biological parent and the adopted parent were to separate, then the stepparent has the legal right to petition the court for visitation and custody of the child. 


• Considerations: Depending on the age of the child, they may have to go to court and testify whether they want to be adopted by the step-parent or not. In some states, the court may require that the biological parent and the step parent be legally married for six months to a year before adoption will be considered.