Stepparent Adoptions! Rules, regulations, and laws.?

Question

Any advice, anyone been through it, how does it work, what needs to be done?

Answer 1

The rules are different for each state. You can google your state and step-parent adoptions, or see an attorney in your state.

In Kansas, where I am, We had to file the paperwork, then wait for her to be served. Since she is fighting the adoption its going to be a few months before we get into court and get a "verdict"

My advice would be to hire a good attorney! IF you cant afford one try legal aid. There are so many rules and loopholes you really need someone to help you navigate the system. Also if the adoption is contested, you are looking at serious time and money. It can take up to a year to get settled.

Goodluck!

Answer 2

My husband just adopted my daughter. It can go smoothly if the other parent is OK with it .What it involves is this: first you need to go to your local court house and get the request form, that's where you put it in words to the court and the other parent ,that you wish to adopt this child. Then after you submit it a court appointed social worker will be given your case. There are some things they will ask for like Marriage license and any divorce papers..SS# you will need to get a live scan (at least in CA) and wait for that to clear which could take up to 2 months, and wait for the other parent to sign the papers on there end saying it OK. After all that or even by then the social worker will come and visit your family and probably talk with the child alone for a few. If everything checks out then the social worker approves of the adoption and give the report to the courts. they will call you with the court day and time for the adoption. I hope that helps.

Answer 3

There are laws for step parent adoption and they do vary by state.  So, it depends on what state you live in.  Basically, both biological parents need to give consent, and if one does not, their parental rights need to be terminated and there must be just cause for the termination.  Once you have either consent or termination, it is up to the court to decide if the adoption will go through.  Usually paperwork is completed according to the court and at the court proceeding, the judge makes his decision and usually the adoption certificate is issued at that time.

A more complete step by step process is listed here:http://library.adoption.com/laws-legal-i...

Answer 4

Rules laws, and regulations all vary not only from state to state, but from the indiviual counties in each state!  Some states require a homestudy to be done before a stepparent adoption takes place, as well as a Guardian Ad Litem to be appointed for the child, which is an attorney that represents the child only.  Both of these can run quite a bit of money on their own.

Most states do, however, have a streamlined process for stepparent adoption.  The fastest way to complete one is when both biological parents consent (agree to) the adoption.  The non-custodial parent signs a form terminating his or her parental rights, and that is submitted to the courts along with the petition for stepparent adoption.  

It is when a stepparent adoption is contested (fought) that things can get emotionally and financially draining.  Both sides will have to be heard and the judge will have to decide what is in the best interest of the child.

If you do not know where the non-custodial parent is located then you will have to publish a public notice, this again is going to add time and money onto the adoption.  The non-custodial parent is alloted so much time to see and respond to the notice in the paper, if that does not happen in the alloted time, then the adoption moves forward as though he or she approves of the adoption and is not going to contest it.

For more information on stepparent adoption check out the link below

Answer 5

i am not sure about every state...i am in Michigan.  You call the juvenile courts get the paper work sent out. You have to pay about $165 here. Then u have to have the biological parent sign off and then u go through all the court processes from there. It is alot of leg work.