Becoming a stepparent can be a very rewarding experience. Stepparents frequently develop close bonds with their stepchildren. Stepparents provide for the daily needs of their stepchildren, including love, financial support and guidance.
The relationship between a stepparent and a stepchild can be deep and profound. From a legal standpoint, it is somewhat tenuous. Stepparents can end up in a very difficult situation if their spouse dies. Their stepchildren may leave abruptly to go live with their surviving parent. Stepparents are also in a difficult position if they divorce, as they typically cannot request shared custody.
Stepparent adoptions help change that by granting a stepparent the same basic legal rights as any other parent. Unfortunately, there is a major obstacle standing between a stepparent and their prospective adoption that they may need to address.
Both parents have to approve the adoption
A stepparent who proposes adopting their stepchild typically expects their spouse to be supportive, if not excited. However, some stepparents receive negative feedback from their spouses when proposing an adoption. Factors including benefits and family ties could lead to a parent declining a proposed stepparent adoption.
Other times, a spouse is excited about the possibility of strengthening the family. Still, they recognize that they need to get approval from the other parent of their child. That can be a difficult process. If the other parent already died, then their approval is not necessary. If the state terminated their parental rights, then stepparents don’t require their permission to adopt.
In most situations, a surviving parent must consent to a stepparent adoption. That process begins with the termination of their parental rights. They have to voluntarily fill out paperwork that ends their legal relationship with their child.
Even deadbeat parents who don’t visit or pay child support may decline proposals to terminate their parental rights. If they do not agree to do so voluntarily, then the only option may be to attempt to do so in court. Typically, stepparents usually need compelling circumstances beyond a proposed adoption to convince the courts to take such drastic actions.
Learning more about the basic requirements for a stepparent adoption can help people explore ways to expand and strengthen their families. Parental approval is often the biggest challenge for those hoping to adopt their stepchildren.