Understanding Stepparent Adoptions

If you are planning to marry a divorced person whose child was abused or neglected, you may be thinking about how you will relate with the child from your new spouse. One thought that may cross your mind is about stepparent adoption. But before you start any process of adopting the child, it would be important to understand what relates to stepparent adoption.

What Is Stepparent Adoption?

Stepparent adoption is a court process where the court gives consent for the custodial parent’s new spouse to adopt a child legally. Once the adopter completes the legal process needed by the court, the spouse gets all the rights and responsibilities just as a biological parent would have towards the child. Additionally, the child receives a new birth certificate, having the names of the adoptive parent being included in the biological parent’s name section. Interestingly, the parent may also take the adoptive parent’s last time if it’s applicable. In contrast, this may seem easy; but getting consent from the other parent is an uphill battle. However, the process may be less complicated if the adoptive parent and their new spouse chooses to discuss their situation with a lawyer in Chula Vista. Every adoption is governed by consent. There are many reasons why parents may be reluctant to allow such an adoption. They include:

• Being concerned with the child best interests

• Avoid losing the power to many any decision towards the child.

• Having no visitation rights. Meaning, they can no longer be able to meet with their child or even communicate.

Only a few parents allow stepparent adoption to take place. The reason is that they love the chance to avoid paying child support once the adoption process is over. However, in most cases, no biological parent agrees to give consent for such. In such a situation, one can only request the court to terminate the other parent’s rights. This again is not a matter of bread and butter. The judge will only allow the stepparent adoption process to proceed if he/she is convinced enough that there is a valid reason as to why parental rights should be terminated. For instance, if the child was being subjected to domestic violence or the former environment was completely unsafe for the child. In this case, the judge has to consider the child best interests.

Why Your Parental Rights Termination Request May Be Granted

Although it seems easy to have a stepparent adoption, the court is much concerned with parental rights. For anyone to be granted a termination to parental rights, both biological parents must have agreed. However, if one parent has previously revoked their rights, then it becomes easy. But this must again be evident through a court hearing. Consent can only be given if:

• The child was abandoned: To obtain consent from court, you only need to prove that the other parent has not had any contact with the child for a long time. Meaning, they abandoned their child. However, it may be more complicated if the other parents were offering support even though there was no communicate or visitations.

• Child abuse, incarnation, mental illness, domestic violence: Unquestionably, the judge has to ensure the child best interests. The court has to conduct a hearing to determine whether it’s reasonable for the other parent to continue exercising parental rights. Where the court deems fit, they allow the adoptive parent to take on the role of taking care of the child.

• Parental issues: If you can prove that there was no voluntary declaration of paternity, you may have parental rights termination granted. Both parents must sign the Voluntary Declaration of Paternity form to establish paternity in California. If you can show that the other parent has not met the state requirements, then you are sure to obtain a stepparent adoption.

For the court to terminate parental rights, the above must be followed. Additionally, every parent who wants to adopt a child must complete a home study which makes sure the child best interests. For instance, things such as financial stability, personal reference or medical information from the family must are obtained either by a state agent or a licensed social worker.

Getting Legal Help

Getting consent has never been easy. It’s a complicated process which requires legal representation. It’s not a wonder many states allow biological parents to have their rights revoked after some time. This is tough since the adoptive parent may have worked out to create a good bond with the child, only for the child to be taken away. If you are an adoptive parent, it’s better to seek legal guidance on how to go about your stepparent adoptive process. State laws differ when it comes to adoption rights. Thus, it would be a good idea to have an experienced family lawyer to help in your situation according to the California adoption laws.