Stepparent Adoption FAQs

In most cases, yes, you will need consent from both your spouse and the other birth parent to adopt your stepchild.

The few exceptions are:

1. if the other birth parent’s parental rights over the child have been signed away or terminated;
2. if the other birth parent is no longer living;
3. if the other parent has not maintained a relationship with the child for 12 consecutive months out of the last 14 months preceding the filing of the adoption petition; or
4. if the other parent has not provided financial support for the child for 12 consecutive months out of the last 14 months preceding the filing of the adoption petition.

This is the most common scenario we see in step parent adoptions. In this case, we set a special hearing and ask the court to allow to adoption to proceed without the other parent’s consent. The court will allow it under a specific set of circumstances if:

• The other parent who is entitled to custody and has abandoned the child or has failed to establish and/or maintain a substantial and positive relationship with the child for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption.
  OR
• The other parent for a period of twelve (12) consecutive months out of the last fourteen (14) months immediately preceding the filing of a petition for adoption or a petition to terminate parental rights, has willfully failed, refused, or neglected to contribute to the support of such minor, either by:
  • failing to provide support in compliance with an order entered by a court,
    OR
  • failing to provide support according to such parent’s financial ability to contribute to the minor’s support if no provision for support is provided in a court order.

It is strongly recommended that you have legal counsel to argue the case on your behalf. The exceptions above sound simple, but proving it in court is complicated and technical. An experienced lawyer is essential to making sure your adoption goes smoothly.

If the child is under 12 years of age, they do not have to give their consent to the adoption, although they may be interviewed by the court to determine if the adoptive parent has a good relationship with them. If the child is 12 years of age or older, they will need to give their consent in order for the adoption process to proceed.

• Your spouse has to be the parent of the child and legal custody.
• You must be legally married to the parent of the child.
  • There is no minimum time you must be married before filing for adoption. However, we strongly recommend a minimum of 1 year to avoid the costly Home Study requirement.

Yes and no. The other parent must be properly notified of the adoption. The process can move along much faster if the other parent gives their consent to the adoption or is willing to sign a waiver of legal notice of the adoption.

The incarceration of a parent in and of itself shall not prevent the adoption of a minor. They still have the same obligation to maintain a relationship and financially support the child.