What is the Stepparent Adoption Process?

Each state makes its own laws regarding child adoptions. There are several reasons step-parents decide to adopt a child, such as providing the child a steady home or keeping the child away from a negligent or criminal parent. If you are a step-parent and would like to adopt your spouse's child, you should educate yourself about your state's requirements and consider consulting a local attorney.

Adoption Paperwork
 
The adoptive parents are required to complete a set of court forms. The court forms provide information about the family and shows whether they have satisfied the adoption law requirements of their state. In Minnesota, and some other states, the child's custodial parent and step-parent are required to fill out the forms and file the adoption petition together.

 
Consent of Noncustodial Parent
 
In many situations, consent must be obtained from the non-custodial parent before approval of the step-parent adoption petition can be granted by the court. However, some states will allow the adoption process to continue even though the noncustodial parent objects to it.

 
Home Study Requirement
 
In many states, adoptive parents are required to participate in home studies, while in some states there may be exceptions for step-parents. In the state of Wisconsin, for example, step-parents are required to go through a lower level of screening, and in South Dakota, home study is not required for step-parent adoptions.

 
Hearing and Final Steps
 
The step-parent and custodial parent are usually required to attend a court hearing. Once the family has met all their state's step-parent adoption requirements, the judge usually sets a court date to finalize the adoption process. Once the adoption is finalized, the family can get an adoption certificate and then submit an application for a new birth certificate.