The bond between a parent and a child is unlike any other, and can exist between a stepparent and a stepchild just as well. Oftentimes, a stepparent would like to legally adopt his or her stepchild. As a stepparent, you have no legal parental rights. For instance, if your spouse became incapacitated, died, or you divorced, the court could award custody of the child to someone else, such as a relative. In this case, you could be prevented from ever seeing the child again. But through adoption, your legal relationship with your stepchild will become identical to that of a birth parent and child.
Termination of Parental Rights
Before a stepparent is able to petition the court for the adoption of a child, the parental rights of the biological parent must be terminated. During this process, the non-custodial biological parent gives away all parental rights and responsibilities, including visitation and child support. There are two possibilities for this scenario.
- The biological parent willingly consents or
- The biological parent is unwilling to give away his or her rights
- Child has been abandoned by that parent;
- Parent cannot be found after a diligent search has been made;
- Parent is insane or otherwise incapable of surrendering such rights; or
- Parent has failed to exercise property parental care or control due to misconduct or inability, and the court is of the opinion that the adoption is in the best interests of that child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home.
