In a modern stepfamily, to change the status of a child from “your child, my child, and our child” to only “our child” can be achieved through the process of adoption by the stepparent. Through this procedure, the biological child of one of the spouses from the previous marriage will become the legal child of the new spouse. After the adoption process is approved by the court, the husband's or wife's children and biological children born later will have the same legal status.
Step
Part 1 of 3: Preparing for the Adoption Process
Step 1. Discuss the decision to adopt with your spouse and family
When you are overwhelmed with happiness, you may not consider the downside, but adoption by a stepparent is a monumental change for your family. Adoption will remove the legal status of one of the biological parents from the child's life, give the child a new name, and change the status of the stepparent to a legally recognized legal parent. This is also a big change for the child's psychology. As for biological parents, adoption means agreeing to give up custody of the children to their new partner.
Consider attending counseling with a family counselor. Counseling will help the whole family understand what stepparent adoption means to the family, and help ensure that this is what the child wants
Step 2. Understand the legal consequences
Adoption by a stepparent has permanent legal consequences for the biological parents, adoptive parents, and the child himself. You must understand and accept the legal consequences. Consult your attorney if you have any questions.
- Birth parents should know that adoption will make your current spouse the legal parent of your child. In the event of a divorce, your spouse has the right to see your child, and even has the right to custody. If you remarry and want your new partner to adopt your child, you must obtain the consent of the child's adoptive parents, not the birth parents.
- Adoptive parents have full legal rights and responsibilities as parents. If you and your spouse are divorced, you will have to pay alimony for your adopted child. Your adopted child is also entitled to a share of your inherited land, although this will reduce the share of your biological child.
- The child will lose all of his inheritance rights from the previous family. The biological parents who are missing from the child's life, grandparents, and other immediate family who have given up custody of the child at the time of adoption may give something as a gift to the child, but the child cannot challenge the will in court or demand the distribution of land. legacy.
Step 3. Prepare all the required documents
At the very least, you must prepare a copy of the child's birth certificate, marriage certificate, and divorce certificate from the child's biological parents (if both are legally married couples). If the absent biological parent has died, you must have a copy of the death certificate.
If the parent who does not have custody of the child is still alive, you will need to have his/her residential address for the purpose of sending the adoption application letter. If you don't have the address, it's a good idea to make an earnest effort to find it. The minimum effort the court expects is an internet search, contacting his family, searching the phone book, and contacting old friends. Record the efforts you have made in a journal so you don't forget
Step 4. Make a list of the child's assets and collect the papers
When you become an adoptive parent, you are entitled to the child's wealth. This wealth includes Social Security payments, allowances for deceased military orphans, trust funds obtained from inheritance, money obtained as a result of winning a lawsuit, land or other property belonging to the visible child. This list must be mentioned in the adoption application letter.
Step 5. Decide whether you should pay a family attorney or represent yourself in court
If the absent parent gives their consent or has passed away, then the procedure will go smoothly and you can do it yourself. However, if your parents refuse to give their consent, it's a good idea to consult a family attorney before applying for adoption.
Step 6. Do some research on adoption costs
You will be charged a filing fee to apply for adoption to court. The amount to be charged may be around (as little as $20 in California), or over $300 in Texas. You are expected to make payment at the time you petition. Other costs may include background checks on prospective adoptive parents, child attorney fees, criminal background, court-ordered counselling, and fees for a new birth certificate. Adoption fees vary by state, though when added up as a whole, stepchild adoption typically costs a lot of money. $1500-$2500, even if with the consent of the biological parents and without a lawyer (as usually an attorney will be provided for the child).
All courts have a process for eliminating some or all of the filing fees. It depends on the economic situation and family assets. Check with court officials about the policies and procedures of the district court in your area
Part 2 of 3: Filing an Adoption Application
Step 1. Complete the adoption application letter
An adoption application letter is a legal document that you will file in court, requesting a judge to allow you to adopt your stepson. If there are more than one child to be adopted, you can adopt them all with just one application. The adoption application letter is a definite document that must be adapted to your state. If you miss a detail or don't use the correct form, it can cause problems for you and your adopted child in the future. Therefore, it is not recommended that you make one yourself, unless you have legal training. There are several options for preparing your adoption application letter.
- If you live in the US, ask a court clerk if they provide a package of adoptive parents that can be filled out right away. These forms of course have been confirmed as valid and correct, and accepted by the court in previous adoption processes. The cost is estimated to be around $10.
- Contact the nearest Legal Aid Institute to ask if they have a homemade adoptive parental package of documents. The form in it has been checked by a lawyer and complies with local requirements. You may not be charged a penny or if you do pay, it may be under $10.
- Use a local legal filing service or an attorney who offers unbundled legal services (the method of legal representation in the United States). The fee can range from $50 to $200 depending on the jurisdiction. This method is a good option if you are applying for stepparent adoption and do not have the explicit consent of the absent parent.
- Once the paperwork is complete, you can file an application for adoption and pay the fees in the county court where you live with your adopted child for at least six months..
Step 2. Seek the consent of the parent who does not have custody of the child
Seeking the consent of the biological parent who does not have custody of the child can be the easiest or most difficult part of the adoption process. In your adoption document package, there is a form that must be signed by the absent parent and will be certified by a notary as proof of their consent. If the biological father or mother is willing to sign the form, the adoption process will run smoothly.
- After the adoption process is complete, parents who do not have custody of the child will be released from all obligations to pay child support. Allowances that are late or due can still be taken, but after that there is no longer an obligation to pay benefits.
- If the biological parents have died, this will be recorded in the adoption application and a certified copy of the death certificate is included.
Step 3. Change your adoption strategy if the biological parents refuse to give their consent
There are two common scenarios in which the prospective adoptive parents fail to obtain the consent of one of the biological parents. First, absent parents opposed the idea and refused to give consent. Second, the absent parent completely disappears and you don't know how to contact him or her.
If you believe the adoption will be contested and sued by your biological parents, you should first consult with your attorney before proceeding with the adoption process. Uncooperative parents will complicate the procedure and the case will likely continue in court. However, if you do not have specialized legal training and experience, the trial could end not only in the rejection of your adoption application, but also in the denial of custody of your spouse's children
Step 4. Try to find the absent parent
If you don't have the absent parent's personal information, there are additional steps you'll need to take. You are strongly advised to consult a lawyer to understand your state's government regulations regarding dealing with a parent who is hands off and absent from a child's life.
- Because the laws of each state (United States) are different, you must comply with the applicable laws in the area where you live. The general rule is that if there has been no communication between your stepchild and one of his parents for more than a year, and your child has not received child support for more than a year, then the court will grant your adoption application. "general" rules. Local regulations can be very different.
- You should make a real effort to find the absent parent. Get in touch with family and friends together. Look up his personal information on the internet and in the phone book. Some states have a “biological parent directory” that you can use to find information about your child's biological parents. Document your efforts. If the judge is not convinced of the sincerity of your efforts, the adoption process will be delayed or even terminated.
Step 5. Ask permission to make public calls/notifications
If your attempts to find the absent parent fail, you can seek permission from the court for a summons/public notification. This means that the notice will be published in the local newspaper closest to the last known address of the biological parent. After making the general call/notification, you can proceed with adopting the stepparent. If the court does not provide a form for this application, consult a lawyer, legal document service provider, or local LBH for assistance.
After the judge grants permission to issue a summons/public notice, contact the newspaper in your administrative area that is authorized to print legal notices. They will help you prepare notices for the paper and provide proof of publication in accordance with the laws of your state. The fee you have to pay is around $100 and cannot be waived by the court
Part 3 of 3: Processing and Completing Adoption
Step 1. Attend a preliminary examination
After the summons period has passed, this will be followed by a preliminary examination, namely the first trial where the judge will check the completeness of the documents, note any deficiencies, and schedule the next process.
- This is an opportunity for absent parents to attend. If you are present, you can ask for his/her approval in person or consider next steps in the event of a refusal. If the absent parent is not present, you no longer need to provide notice. You also don't need to try to contact him anymore, unless ordered directly by a judge.
- Try to comply with all requests of the judge. If the court requests additional documents or information, comply with the request immediately without question. If a judge orders you to do a criminal background check, you may have to meet with a bailiff and sign an agreement so they can access your information.
Step 2. Prepare for a background check on prospective adoptive parents
Usually in step-parent adoptions, background checks on prospective parents are omitted, but the panel of judges still has the authority to order it. A parental background check is usually done by a child protection agency (or whatever it's called in your area). Be cooperative and make a good impression by welcoming the social worker into your home and answering all of his questions.
- Courts have the discretion to order criminal background checks on adoptive parents. If the adoptive parents have criminal records relating to child abuse and neglect, or have a history of delinquent child support or child neglect, the courts will definitely not grant their adoption application.
- Judges may or may not want to meet the adopted children. This depends on the judge. Some judges do not allow young children in the courtroom. You should leave your child in day care before the preliminary examination. Ask the judge if he wants you to bring the children to the final hearing.
- If your child is over a certain age-usually fourteen-then the judge will seek their consent for the adoption process to proceed.
Step 3. Attend the final hearing
At this trial, the judge will give his decision. This hearing is also the last chance for absent parents to attend. The judge will re-examine the adoption documents and ask for your purpose in adopting the child. He will also ask your partner if he or she agrees that you will adopt their child and change their last name. If children are present in court, the judge may speak with them. Once the decision is signed, you become the legal parent of your stepchild.
- You may be scheduled for a regular court event. While this is an exciting moment for you, the courts still have other business to attend to. You are "absolutely" not allowed to bring entourage, cameras, balloons, or "anything that can interfere with the proceedings." The judges are not people who are known for their cheerful nature. Postpone your party until later.
- Some courts schedule “adoption-only court proceedings” that are more relaxed and festive. At a hearing like this, the judges usually allow you to take photos and the atmosphere is like a party.
Step 4. Change your child's birth certificate
After receiving a stamped copy of the adoption decision, you can apply for a new birth certificate with his new name and continue with updating of school information and medical records.
