Petition to adopt.  A stepparent who has a loving relationship with his or her step child(ren), the question of adopting the stepchild may arise. This is especially true if the missing parent has had little or no contact with the minor child.    The law provides that the stepparent may petition the court to adopt the child.  

Home visit and Investigation.   The requires that a specific procedure take place to safeguard the best interests of the minor child.   Part of the procedure requires a home visit and investigation by a Department of Social Services investigator who will interview the child, (subject to the child’s age) as part of the investigation.   The investigator will in turn reports their findings and recommendations to the court.  

Consent of the Biological Parent.   Notice is given to the “missing” biological parent.  The process is facilitated if the biological parent  who is giving up custody of the child agrees and is willing to sign a consent form.  

Petition to terminate Parental Rights.  If the biological parent doesn’t want to sign a consent form, a Petition to end his or her parental rights must be filed and a separate hearing will be set.   It is up to the court to determine whether or not the parental rights are terminated.  

Hearing on Adoption.   If the court terminates the biological parent’s rights, or the biological parent signs a “consent” form, then a hearing will be set to complete the adoption.  

Legal Rights and Obligations. Once the court approves the stepparent adoption, the adopting parent is treated as the child’s parent for all legal and parenting purposes including the duty to support and the rights of custody, visitation, inheritance and probate rights.

The foregoing information is offered to help inform you, however it is not intended as a substitute for professional legal help. See Disclaimer. Only a licensed lawyer can provide such help. Contact us online or call 949-855-0600 to set an appointment.