If you wish to adopt the child of your spouse, the parental rights of the child’s other legal parent must be terminated. If the other parent is unwilling to voluntarily terminate his or her rights or if the other parent cannot be located, it is possible to petition the court to terminate that parent’s rights to clear the way for a stepparent adoption.

There are several situations where consent may not be required and the prospective adoptive parent may still be able to proceed. These include if the noncustodial legal parent:

• Has abandoned the child
• Failed to support and/or communicate with the child for the requisite time period or
• Is unfit.

These are referred to as a contested adoption.  If contested, a stepparent adoption can become more challenging, but it provides the security a child needs and is often worth the effort. If it is uncontested, a stepparent adoption can occur within a matter of months.  We handle everything needed to finalize a stepparent adoption and include changing the child’s legal name, if desired.

If anything happens to the biological parent, it could mean that a parent who has been out of the picture for years has more legal rights than a stepparent. Do not let this happen.  Provide the security for your child that he/she deserves.