Stepparents generally share parental responsibilities such as transportation and financial support with their spouses. They may develop very close relationships where they provide guidance and affection to their stepchildren. Unfortunately, if their spouse dies or they divorce, they may not have the right to continue living with their stepchildren.
A stepparent adoption helps remedy that by creating a legal connection between stepchild and stepparent. Securing permission from the necessary parties is a key part of that process. Who has to approve of a stepparent adoption?
Both parents
Obviously, the stepparent seeking to adopt their stepchild must agree to take legal responsibility. Their spouse must also agree to the adoption. In fact, the other parent of the stepchild may also need to approve of the proposed stepparent adoption. Unless they die or the courts have terminated their rights, the other parent of the child generally needs to consent to a stepparent adoption.
The stepchild
State statutes do give children a say in critical family matters. They can voice their opinions during child custody hearings in some cases. They also need to consent to an adoption if they are at least 12 years of age.
The courts
Major changes to family circumstances may require the review of a family law judge. Any adoption generally requires the approval of the courts. A judge must learn about family circumstances and determine that the adoption is in the child’s best interests.
The adoption process can be complicated, but it can also be worthwhile for those with unique family circumstances. Having support while gathering documentation and securing the approval of appropriate parties can make a stepparent adoption a much simpler process for families to manage.