Many family law attorneys will tell you that one of the happiest parts of the job is adoption-related work. Adoption allows families to grow and provides children with certainty and stability in their family life. There are various types of adoptions and circumstances where adoption may be appropriate. One type that family law attorneys will represent clients in is a “step-parent” adoption.
A step-parent adoption is a legal process by which the step-parent assumes the role and responsibilities of a child’s parent. A step-parent must be married to the parent of a child to be eligible for a step-parent adoption.
In cases where the other parent is deceased, the step-parent and surviving parent may make the decision to have the step-parent adopt the child and formally become their legal parent.
When the other parent is not deceased, the process is not as straightforward. In order for a step-parent to be able to adopt the child, the parental rights of the child’s other parent have to be terminated. Terminating parental rights can be done voluntarily or involuntarily. There are certain circumstances where it may be appropriate for a biological parent to voluntarily terminate their parental rights; this occurs when there may be no contact with the child for an extended period of time, and the child has been raised by their other parent and step-parent. If a parent does not agree to terminate their parental rights, then the process for terminating parental rights becomes more complex and requires filing petitions with the Court and demonstrating to the Court why terminating parental rights is in the child’s best interest. Keep in mind that you cannot terminate parental rights without having a ready, willing adult willing to assume the role of parent.
Same sex married couples will also utilize the step-parent adoption to formalize the relationship between the non-biological parent and the child. In these circumstances, depending on the method of conception, terminating parental rights may not be necessary.
In Pennsylvania, if the child being adopted is over the age of 12, then their written consent is required in a step-parent adoption.
Step-parent adoptions require many forms to be filed with the Court; by the time the hearing is scheduled all of the leg work has been completed. At the hearing, generally, the parents and child will appear. Because these are typically celebratory occasions, other family members are welcome as well. The Judge will ask the parents several questions and, if the Child is over the age of 12, will also speak to the child. These questions generally reiterate that everyone believes the adoption is in the best interest of the child and that it will enhance their life. Following the adoption hearing, a Certificate of Adoption is issued by the Court and the child’s birth certificate is amended to reflect the adopting parent’s name.
Once a step-parent adopts a child, they assume all responsibility for that child regardless of their relationship with their spouse. The step-parent’s marital status does not impact the effect of the adoption. This means if the step-parent and the other parent divorce, the step-parent now retains all of the rights to the child as if the child were their biological child. The dynamic formed is one that would have otherwise existed if the step-parent were the child’s other biological parent.
The step-parent adoption process can be difficult to navigate. Contact the Obermayer family law team to learn more and discuss your matter.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Stephanie is a family law attorney in Obermayer’s office in Doylestown, PA. She concentrates her practice in all aspects of family law, including divorce, custody, child and spousal support, equitable distribution, adoption,...
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