A step-parent adoption can be a relatively simple and rewarding proceeding.  Seeing a step mother or father come legally the parent they and the child feel they have been is a delight.  There can be, however, some hurdles and road blocks of which clients need to be aware when they start this journey.  Understanding how the proceeding works can relieve some tension.

In a private adoption (where the Juvenile Division is not involved), there will generally be two petitioners and one respondent.  The two petitioners are the married couple consisting of a natural parent and their spouse.  The respondent is the other natural, or biological, parent.

The easiest way to accomplish this is for the biological parent to consent to termination and adoption.  There are a variety of reasons for a natural parent to consent to termination.  Some parents never develop a bond with their children.  They didn’t have the opportunity or the desire to be a committed parent.  Some are looking to terminate a child support obligation.  Whatever the reason, the consenting parent need not disclose it in the consent and waiver.

The attorney hired by the adopting parents can draft the consent for the respondent parent’s signature.  I recommend they hire or consult with their own attorney if that parent has any questions about the consequences or their rights.  However, it is not necessary that they be represented by counsel for the adoption to proceed.

If the respondent parent does not wish to consent or simply will not communicate, the petitioners will have to prove grounds for termination.  Commonly, in a step parent adoption the grounds are abandonment or neglecting to provide the child with necessary care and protection for at six months prior to filing the petition (60 days for a child less than one year old).  Abandonment can be proven by showing that parent did not exercise visitation or communicate with the child through phone calls or writing.  Being unable to travel to see the child (i.e. incarceration) is not alone a defense.  Other grounds for termination are such things as murder of another child or abuse.  These grounds are far less common and require a more involve litigation.

Once the Petition for Adoption is filed, the judge will appoint a Guardian Ad Litem to represent the best interests of the child.  As an attorney who acts in the capacity of a GAL frequently, this is one of the more enjoyable jobs as an attorney.  Most GAL’s will make a home visit, or at least want to meet the Petitioners.  Whether or not the GAL meets with the child is a matter of preference and judgment.  This mostly depends on the age and maturity level of the child.  I find most school age children have questions about the proceedings and are happy to have their own lawyer to answer them.  If there are other children in the home, the GAL may wish to meet them as well.  The GAL will ultimately be making a recommendation to the judge whether they believe the adoption is in the child’s best interests.

The respondent parent has the right to file a response to the petition.  If the respondent denies the allegations and contests the adoption, the litigation can become lengthy and involved.  There is a higher burden on the party trying to terminate a person’s parental rights than there is in most other civil litigation.  If the respondent hires counsel and contests the adoption, be prepared for a relatively costly process.

Step parent adoption is a big step for a family.  Once a child is adopted, he or she has the same legal relationship to that parent is if the child had been born to them.  If you and your spouse decide adoption is in the best interest of your family, consult an experienced and reputable attorney who can advise you on the best course of action.

If you have a famil law matter and wish to discuss your options contact Gump & Faiella.

Our family law attorneys Sonya Faiella and Cassie Carpenter would be happy to speak to you.

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