How to Do a Step-Parent Adoption

A step-parent adoption can be a great experience for both parents and the step-child. Adoption will result in the step-parent’s assumption of legal liability for the child’s financial and emotional support. It is a good idea, however, to wait at least two years before beginning the adoption process so that the step-parent and child can form a strong bond.

Things You'll Need

• Background check
• Court costs
• Publication fees (if necessary)
• Process server fees (if necessary)
• Termination of parental rights or consent and other court forms
• Attorney and attorney’s fees (if needed)
• Nolo Press step-parent adoption guide (recommended if you are doing it yourself)
• Original or certified copy of the child’s birth certificate
• New identification (e.g., amended birth certificate, new social security card)
• Final court order

Instructions

Do a step-parent adoption

1. Start with a good relationship between the child and both the natural parent and step-parent.

2. Confirm that the child you wish to adopt wants to be adopted.

3. Choose or allow the child to choose what legal name he or she wishes to use after the adoption.

4. Obtain information and court forms from the court to do the adoption yourself or you may wish to hire an attorney to handle your case. Nolo Press publishes a guide that details how to file a step-parent adoption in California. Although it relates to California, it also provides much information about the adoption process in general.

5. File appropriate forms for either consent to the termination of the non-custodial natural parent’s rights or file to terminate parental rights. Grounds for doing this may be for lack of support, abandonment or other reasons as provided by state law.

6. Undergo a background investigation. This is one of the most important aspects of your case and involves meeting with a court-appointed investigator at least once, completing release of information forms and completing an application with information about your mental fitness and any criminal history.

7. Appear in court for the final adoption hearing. A final order cannot be entered until the court investigator files a recommendation to the court and after termination of the non-custodial parent’s rights.

8. Apply for an amended birth certificate and new social security card if your child wishes to change his name and has requested a name change through the adoption judgment. You will need to provide certified copies of the court’s final order for adoption in order to obtain identification in the child’s new name.

Tips & Warnings

• If the child who you wish to adopt is near the age of 12, it may be advisable to postpone filing for adoption until the child reaches that age. After about 12 years old, the court relies heavily upon the decision of the step-child as to whether he wants to be adopted by his step-parent. Also, you may be required to publish the application to terminate parental rights in a newspaper of general circulation if the non-custodial parent cannot be located or personally served with legal process. The newspaper will charge fees for doing this.