Tag Archive for: stepparent adoption

Is it a Good Idea for a Stepparent to Adopt their Spouse’s Child?

Adoption is a serious step, whether you are married to the child’s parent or not. It is not to be taken lightly or viewed as a gesture to integrate a blended family better. If you adopt a child, you are legally their parent. If you divorce the child’s parent or they pass away, that responsibility remains. We have helped many Bucks County clients work through the details of adopting a stepchild to ensure they are making the best decision for all involved.  

Marrying someone may not just mean starting a new life with your spouse. Their children from one or more prior relationships may also be part of the deal. Adoption may be an option if you want or need to have the ability to make parental decisions for the child. 

What is the Process to Adopt My Spouse’s Child? 

A stepparent adoption is considered a kinship adoption, so some Pennsylvania statutory requirements are waived. As part of the process, you do not need to have a home study done, but you must have three background checks before filing an adoption petition: 

  • Child Abuse History Clearance 
  • Pennsylvania State Police Criminal Record Check 
  • FBI Criminal Background Check through the Department of Welfare 

Your spouse and the child’s other natural parent would join as petitioners in the adoption matter. Before you can adopt a child, the parental rights of the other biological parent need to end. The other parent may consent to that, or it may have already occurred because they voluntarily gave up their rights or involuntarily had them taken away in the past. 

If the parent is giving up their rights because you are adopting their child, there needs to be at least thirty days from a consent being signed and when your adoption petition is filed with the court. That delay exists because the other parent has thirty days to change their mind and revoke their consent.  

The situation will be more complicated if the other parent’s rights must be involuntarily terminated. The adoption petition will list the grounds for the court to act. You will get a notice of when the hearing will take place after filing the petition. You must notify the parties involved beforehand, per state statute. 

What are Issues I Should Consider Before Adopting? 

There are pros and cons to adopting a stepchild. Each situation is unique, and you must decide what is right for you, your spouse, and, most importantly, the child. 

  1. Pros 

If you have your own kids, all children in the household will have the same status. It may just formalize the reality that you are committed to parent this child. Adoption may be a good idea if the other natural parent neglected, abused, or abandoned the child. You will give the child what that parent has not––love and support. Without that adoption, if that person still has parental rights and your spouse passes away, that abusive parent could make all the decisions for the child unless you adopt them. 

  1. Cons 

Adoption is a lifelong commitment to ending the legal bond with the biological parent. Adoption may not end the tension that can come with a struggling blended family. You should not adopt if you think this is how to control or correct a child’s behavior. You may have all the paperwork done to be a parent legally, but that does not mean the child will accept you as one.  

You should not adopt if you have doubts about the duration or health of your relationship with the child or your spouse. If you adopt, your marriage’s end will not impact the fact you are the child’s adoptive parent. If the child is not on board with the adoption and does not want you as a parent, you should seriously reconsider adoption if it forces the issue. 

We Can Help You Achieve Your Goals  

If you are a child’s stepparent and are thinking about adoption, we can talk about the legal and practical issues so you can decide if it is the right thing to do. If it is, a Karen Ann Ulmer, P.C., attorney can help you through the process so it goes as smoothly as possible. Book a 15-minute consultation by filling out our online form so we can start the discussion.

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Blended Families

Divorce and remarriage is fairly common and can include new children in your life. Adoption may be an option to make those children your own legally. An adoption by a stepparent qualifies as a kinship adoption such that some of the statutory requirements for adoption are waived. As the prospective adopting parent, you will need to have three background checks completed prior to filing an adoption petition. Presently, the required background checks for Pennsylvania include (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. Your spouse and natural parent of the children would join as a petitioner in the adoption matter.

The rights of the other biological parent will need to be terminated in connection with the adoption. Their parental rights can be terminated voluntarily or involuntarily. With voluntary termination the other natural parent will sign a consent to the adoption which is subsequently attached to the Petition for Adoption. There must be at least thirty (30) days between when the consent is signed and when adoption petition is filed with the court since there is a thirty (30) day revocation period. With involuntary termination, you will plead the applicable grounds for involuntary termination within your adoption petition. A filing fee is payable to the county at the time you file your petition for adoption. After filing the Petition, you will receive notice of when you are scheduled for your hearing. You will need to notify any party that is required to receive notice of the hearing per the adoption statutes in advance of the hearing.

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Same-Sex Adoption

Married same-sex couples can pursue a step-parent adoption. A step-parent adoption requires background checks be completed as it relates to the adopting parents. Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. The rights of the natural parent need to be terminated in conjunction with the adoption petition. This can be via consent of the natural parent or via involuntary termination if grounds for termination exist.

Couples who are not married but interested in adopting a child together can do so following the procedures for a second-parent adoption. Second parent adoptions require the same background checks as a step-parent adoption. They also require a home study whereas a step-parent adoption does not. The home study consists of several visits to the home over a span of time to observe the living arrangements and relationship with the proposed adopting parent. The parental rights of the first parent need not be terminated for the adoption by the second parent to take place. Following successful completion of all the pre-requisites and filing of the Petition for Adoption, the final step is the adoption hearing in either scenario.

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Step-parent Adoption

It can be a simple process for a step-parent to adopt their step-child. Some of the statutory requirements for adoption are waived in the case of a family member adopting a child. Specifically, a home study, which is expensive and can take several months to complete, is not required. Instead, the step-parent need only complete the necessary background checks.

Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare.

As with any adoption matter, the rights of the natural parent(s) must be terminated. If the natural parents are consenting to the adoption, their consents can be attached to the Petition for Adoption. You need to wait at least thirty (30) days after the consents are signed prior to filing them with the court since there is a thirty (30) day revocation period. Alternatively, if lacking written consents, grounds for involuntary termination can be addressed within the adoption petition. There is a filing fee due to the county at the time you file the Petition for Adoption. The filed petition and notice of the hearing must be served on all interested parties. Following successful completion of all the pre-requisites and filing and service of the Petition for Adoption and hearing notice, the final step is the adoption hearing. Generally, the hearing is just a matter of ceremony and a happy occasion for the adopting parents and child.

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