The Adoption Guide For Stepparents

Nebraska Step-parent Adoption: A Guide To The Process

This Nebraska step-parent adoption guide is designed to provide a straightforward overview of what stepparents should know when considering adoption, including the steps involved and the key factors that can impact the process. Adoption can be a beautiful way to help families make their legal status match the emotional connection between a stepparent and the minor child/ren involved. Adoptions are some of our favorite cases at Gordon Law – learn more about our approach below and schedule your strategy session with us to learn more today by calling us at 402-817-1450 or email at [email protected].

What Is Stepparent Adoption?

A step-parent is a person who is married to one of the biological/legal parents of a child. Once a stepparent adoption takes place, one of the biological/legal parents of the child’s rights and responsibilities fully transfer to the adopting step-parent. After the legal process is complete and a Decree of Adoption is entered, the adopting step-parent would have the rights to make decisions and see the child as well as the responsibilities to provide parental care and support (including financial support) the same as if the child had been born to that step-parent and his or her spouse. Sometimes, the natural parent was never involved in the child’s life at any point. Sometimes, circumstances have changed such that it is necessary or desirable to have a step-parent take over the role of a natural parent. The law governing step-parent adoption seeks to protect the rights of natural and legal parents while providing a path for those rights to be transferred if that is in the child’s best interest. In nearly all step-parent adoptions, a

Basic Eligibility Requirements

Before beginning the adoption process, both the stepparent and the biological parent must meet certain eligibility requirements. While the specifics vary by state, here are some general criteria:

1. The Stepparent’s Relationship to the Child. The stepparent must have a genuine relationship with the child. This usually means that the stepparent has been involved in the child’s life for a significant period. Courts will often look at the length of the marriage and the stepparent’s role in raising the child.
2. The Consent of the Biological Parent. One biological parent must be fully on board with the adoption. The biological parent must consent to the stepparent adoption. In most cases, this is the parent who is married to the stepparent. However, if the child’s other biological parent is not involved in the child’s life, their consent might not be required, though this can vary based on state laws.
3. The Consent of the Non-Custodial Parent (if applicable). If the non-custodial biological parent has legal rights, their consent may be required. However, if the non-custodial parent has abandoned the child or has not been in contact with the child for a significant period, they may not have a say in the adoption process. In some cases, parental rights can be terminated, which might make the adoption process easier.
4. The Child’s Consent (if applicable). In some states, the child’s consent may be necessary, particularly if the child is old enough to understand the process. If the child is over a certain age, typically 12 or older, they may be asked to provide their consent to the adoption. This is often the case when the child has established a relationship with the stepparent. The judge will always look at what is in the best interests of the child.

The Step-by-Step Adoption Process

While the adoption process can vary depending on the state, here is a basic overview of the typical steps involved in a stepparent adoption:

1. Consultation with an Adoption Lawyer. Before you begin the process, it’s wise to speak with a lawyer to understand the specific laws in your state. Adoption laws can differ widely, so having a clear understanding of your legal rights and obligations will help avoid surprises down the road. Our friends at GordenLaw, LLC often emphasize how important it is to have legal guidance in these cases.
2. Filing the Petition for Adoption. Once you have all the necessary information, the next step is to file a petition for adoption with the court. This petition is a formal request to legally adopt the child. It usually includes basic information about the child, the stepparent, and the biological parent(s). It also states why the adoption should be granted and whether the non-custodial biological parent’s consent is necessary.
3. Home Study or Investigation (if required). In some cases, the court may require a home study or investigation to ensure that the child will be placed in a safe and supportive environment. The home study can involve interviews with both the stepparent and the custodial parent, as well as visits to the home. Some states may waive this requirement for stepparent adoption, especially if the stepparent has been involved in the child’s life for a significant period.
4. Parental Rights Termination. If the non-custodial biological parent’s consent is not provided, the court may need to terminate their parental rights before the adoption can proceed. This is usually the case when the biological parent has abandoned the child, has not been involved in the child’s life, or has not provided financial or emotional support for a significant period. Terminating parental rights is a separate legal process, and it can be contentious in some cases.
5. Court Hearing. A court hearing is generally required to finalize the adoption. During the hearing, the judge will review the petition and any supporting evidence, including the consent of the biological parent(s) and the child’s consent, if applicable. If the court is satisfied with the petition and all requirements are met, the judge will issue a final order of adoption, granting the stepparent full legal rights and responsibilities toward the child.
6. Issuance of New Birth Certificate. Once the adoption is finalized, the child’s birth certificate will be amended to reflect the new legal parent-child relationship. The stepparent’s name will be added to the birth certificate, and the non-custodial biological parent’s name may be removed.

Factors That May Affect Stepparent Adoption

Several factors can affect the stepparent adoption process, including:

• The Child’s Relationship with the Non-Custodial Parent. If the child has an active and positive relationship with their non-custodial parent, the court may be less likely to approve the adoption, especially if that parent objects to the adoption.
• The Biological Parent’s Consent. If the non-custodial biological parent is unfit, has abandoned the child, or has not been involved in the child’s life, their consent may not be necessary. However, if they object to the adoption, it could lead to a more complicated legal battle.
• The Child’s Age. If the child is older and able to express their feelings about the adoption, the court may take their preferences into consideration. The older the child, the more likely they may be asked to provide input on the adoption.

Legal Rights After Adoption

Once the adoption is complete, the stepparent will have all the same legal rights and responsibilities as a biological parent. This includes the right to make decisions regarding the child’s education, healthcare, and general welfare. It also includes the obligation to provide financial support for the child. Additionally, the adopted child will have the right to inherit from the stepparent and may be entitled to any benefits, such as health insurance or social security, that come from the new parent’s legal status.

When To Consider Stepparent Adoption

Stepparent adoption can be a meaningful way to formalize the bond between a stepparent and a child. It’s often considered when:

• The stepparent has been an active and consistent figure in the child’s life.
• The biological parent’s rights are either terminated or no longer relevant.
• The stepparent wishes to take on the full legal responsibilities of parenting.
• The child wishes for the stepparent to be legally recognized as their parent.

Find Compassionate Support

Stepparent adoption can be a rewarding experience that strengthens the relationship between a stepparent and their spouse’s child, and it is something to celebrate. While the process can seem daunting, it’s important to remember that the legal steps are fairly straightforward, especially with the right guidance.

If you’re considering adoption as a stepparent, it’s always best to speak with an attorney to guide you through the process. At GordenLaw, LLC, we can help answer any questions you may have about stepparent adoption and help you navigate the legal requirements. Attorney Vanessa Gorden was awarded “Distinguished Lawyer” by Expert Network. If you’re ready to take the next step, don’t hesitate to reach out for a consultation today. Together, we can help you understand your options and guide you toward a successful adoption.