Many families have questions regarding the ability of the “new spouse” to adopt the child from a prior relationship. This area of family law can be difficult so please contact a Family Law Attorney to discuss the specific facts of your situation. With that said, below is an overview of the process:
First, a petition for termination and adoption must be filed with a Court of proper jurisdiction – this can be done at separate times, but I prefer to do it at the same time. This is the document that lays out the legal argument for terminating the other parent’s legal rights to the child and asking the Court to grant the Adopting Parent legal rights over the child. If all parents agree to the termination, a relinquishment of rights can be filed with the petition for termination.
Then, the adopting parent will need to complete an approved background check, and a Home Study (adoption evaluation) will need to be conducted.
Next, an amicus attorney can be appointed by the Court to assist the Court in making a determination to grant or deny the adoption.
Finally, assuming everything went smoothly, the parent, adoptive parent, and child will go before the Judge to ask that the adoption be granted.
Contact the Law Office of Brian Bagley to discuss your options regarding Step-Parent Adoption.
The Adoption Process can be tricky to navigate. Multiple parties and reports are typically required before a Court can consider granting the adoption. Please contact The Law Office of Brian Bagley to schedule a free consultation regarding Step-Parent Adoption.