Stepparent Adoption

Adopting a stepchild is the most common form of adoption. A stepparent who adopts agrees to become the legal parent and be fully responsible for his/her spouse’s child.

After the stepparent adoption occurs, the noncustodial parent (the parent not living with the child) no longer has any rights or responsibilities for the child, including child support. Past child support arrears remain and may be collected.

If you want to adopt a stepchild, you must have the consent of your spouse, the noncustodial parent (unless that parent’s rights have been terminated), and an older child if state law requires.

A parent seeking to adopt a stepchild must file a petition for adoption in the appropriate state court. Typically, you are required to provide background information including the child’s birth certificate and information about your marriage.

You, your spouse and your stepchild will probably be required to go to a hearing in which a judge will ask questions to verify the information presented. If the judge agrees that the adoption is in the child’s best interests, he/she will enter an order legally establishing a parent-child relationship. Once the adoption is final, you can apply for a new birth certificate for the child.