When you and your new spouse combine your families, you may be excited to become a parental figure to their children. However, if you have discussed these matters with them, you may have decided that it’s best for your families if you adopt your stepchild. While this may be something you are eager to do, it’s critical to understand that there are a number of steps involved in this process, including getting the consent of the child’s other parent. As such, if you’re ready to start this process, the following blog explores what your legal options are in these matters and the importance of working with St. Louis adoption lawyers to help you during these difficult times.
What Are the Benefits of Adopting a Stepchild?
There are several reasons why someone may want to adopt a stepchild. In some instances, it can be to provide a sense of security in the event something should happen to the child’s parent. In these instances, adoption would make the adoptive parent the child’s legal guardian and, therefore, have the right to raise and provide for the child. Additionally, adopting a stepchild helps put them on equal footing regarding any inheritances that biological children receive. Without legally adopting a child, they are not entitled to any portion of your estate that you do not specifically leave to them in your estate plan.
In addition, adopting a stepchild helps provide a sense of belonging for the child. This can help show that you love and support them just as you would your own children. This gesture can be an important step in showcasing your commitment to the child.
What If the Child’s Other Parent Doesn’t Consent?
In order to adopt a stepchild, several circumstances must be met. Typically, the most important thing is that you are legally married to the child’s parent. Without this union, you will be unable to adopt the child. Additionally, New York imposes a residency requirement for adoption, so you must be a resident of the state for at least six months before you can file the paperwork.
However, often, one of the most challenging aspects of this process is the need for consent from both biological parents. If the other parent does not consent to the adoption, it may not occur. Many biological parents do not consent to adoption because it requires the biological parent to relinquish their parental rights, which can be a very difficult and sensitive matter to discuss.
As such, if you do not have the consent of the child’s other parent, you may be able to take legal action to terminate their parental rights so you may adopt them. However, you must have legal grounds to do so. The primary reasons include abandonment lasting at least six months, failure to maintain contact or support for at least one year, or if the parent is abusive or neglectful.
Fighting to adopt a child can be a stressful and complicated legal process. That is why it is in your best interest to work with an experienced family law attorney with Stobie Family Law Group. Our team understands the complexities of these matters, which is why we will do everything in our power to help you fight for the best possible outcome for you and your family. When you need help, do not hesitate to contact us.
