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How to Adopt Your Stepchild

Admin • Jun 28, 2021
Man with child — Springfield, TN — The Law Office of Joe R. “Jay” Johnson, II

These days, blended families are incredibly common. If you have a blended family where your partner already had children, then you may have come to love those children like your own. This is a very common situation. Often the stepparent actually wishes to go so far as to adopt the stepchild legally.

Fortunately, the process for adopting a stepchild is fairly straightforward. And, with the right legal help and a little know-how, you should be able to do it with ease.


Consider the Other Biological Parent


The first thing to know is that, in cases where the other biological parent is still living, that parent must agree to surrender his or her parental rights. This can prove difficult if the other parent is out of the picture and hard to locate. Also, some parents, even if they are uninvolved in the child's life, are simply unwilling to surrender their parental rights.

Fortunately, a family law attorney can often help you to terminate the other parent's rights, especially if you can prove that the person is not involved in the child's life and doesn't honor his or her parental responsibilities.

Proving that a parent does not deserve parental rights and getting a court to revoke those rights can be incredibly difficult. As such, you definitely shouldn't attempt to make this happen on your own. Qualified legal help will be needed.

However, in cases where the person is willing to surrender rights, an "Adoption Surrender" document will be signed by all parties and the adoption process can begin right away.


Gather All of the Necessary Documents


When you are ready to proceed with the actual adoption, be aware that there are several documents you will need to have on hand and available.

These include a certified copy of the child's birth certificate, a marriage certificate showing you are married to the other parent, and the adoption surrender document. If the biological parents were married and divorced, then proof of that divorce will also be needed. Or, in cases where the biological parent has died, a death certificate will be required.

Once you have all of the documents on hand and ready to go, you and your lawyer can move into the final stages of the adoption procedure.


Obtain the Child's Permission


If the child is older, then you may need his or her permission in order to adopt the child. The laws on this matter vary from one state to the next. So, look into what the laws are in your state.

Some states require children over a certain age to give consent for the adoption. This age requirement varies from state to state as well.

A lawyer can assist you in getting proper documentation stating that the child, if applicable, agrees to the adoption.


File for Adoption


The final step in the adoption process is to actually file for adoption.

Keep in mind that you will have to pay an adoption fee when you file for adoption. This fee varies greatly from one state to the next, so do your research and make sure you have the funds available when you file. In some cases, you may be able to have the fee waived, so if you're having trouble collecting the money, talk with your lawyer about this option.

If you do have the funds, then you simply need to fill out the appropriate form, bring all documentation, and file the adoption with the court. As long as you've done everything right, your stepchild will soon be legally yours.

As you can see, adoption is a somewhat lengthy and involved process. That's why having legal help is so important and beneficial. To find a qualified lawyer who is experienced with adoption, be sure to contact the experts at 
The Law Office of Joe R. "Jay" Johnson II.

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