Adopting your spouse's child, sometimes referred to as a stepchild adoption, is the most common form of adoption in the United States. When a step-parent adopts his spouse's child, he become responsible for the child both legally and financially in addition to forming emotional bonds. Each of the 50 states has different rules with regard to a stepchild adoption.
Instructions
1. Learn about the adoption rules for the state in which you live with the help of a guide created by Cornell University Law School (see Resources section below). Each state has different guidelines regarding the termination of rights by the non-custodial parent, and contact between the child and her birth parent and grandparents.
2. Go to your county courthouse (or its website if one exists) to get information about the forms and representation you need for a stepchild adoption. Family court or juvenile court is usually the place you will need to visit for this information. In some states, you and your spouse may be able to handle the process yourself, while in other jurisdictions, it may be necessary to hire a lawyer.
3. Hire an attorney who specializes in family law. Even if your state does not require legal representation for a stepchild adoption, you may want to consider working with a professional anyway. A lawyer well-versed in adoption law will not only advise you about the rules surrounding the adoption of a spouse's child, but can take care of much of the paperwork for you.
4. Get the consent of your child's non-custodial parent in order for your spouse to adopt the child. If you are employing a lawyer, he will get signed consent for you. Submit this form as well as all other applications to your local court system.
5. Attend a court hearing that will discuss the adoption that is in process and will set a date for the finalizing of your child's adoption by her step-parent. Attendance at the adoption hearing is mandatory in most cases, as the judge may ask all parents questions about the adoption.
6. Make sure to get certified copies of the adoption papers once the adoption is final. Keep a copy of the adoption decree in a safe place in case you ever need to produce it.
7. Apply for an amended birth certificate for your child. Forms are often available at your local courthouse or your state's department of vital records. The amended birth certificate will list the adoptive parent in place of the birth parent. If you are choosing to change your child's name at this time, you can do so on the amended birth certificate.
Tags: stepchild adoption, your child, amended birth, amended birth certificate, birth certificate, spouse child