Step-Parent Adoption FAQs

San Fernando Adoption Lawyers - Offices in Valencia, Burbank, Encino and Westlake Village

If you are considering adopting your spouse's child, you probably have numerous questions about your rights, the adoption process and what you should do next. An adoption lawyer at Cutter & Lax can answer all of your questions and can guide you through the process of step-parent adoption. We represent clients throughout the entire San Fernando Valley, including in Valencia, Burbank, Glendale, Encino, Van Nuys, Agoura Hills, Woodland Hills, Sherman Oaks and the surrounding areas. Following are some frequently asked questions about step-parent adoption:

What is a step-parent adoption? A step-parent adoption refers to a situation where the new spouse of a birth parent wishes to adopt their child. California law also allows for domestic partners to apply for step-parent adoptions. Instead of terminating the rights of the birth parent, a step-parent adoption simply establishes new rights for the new, adoptive parent.

Is the step-parent adoption process complicated? Because it is legal in nature, step-parent adoption can easily become complicated. Generally speaking, however, it is usually more straightforward than other forms of adoption because the birth parent's rights are not terminated.

What sort of issues may arise? One of the main issues which may arise in a step-parent adoption is that concerning the consent of both birth parents. If your spouse divorced the child's birth parent and was granted custody, it is still possible that the other birth parent will not wish to give consent for the adoption. This can present a unique problem that should be addressed immediately. If there has not been support and/or communication for a specific period of time, that may constitute consent though legal process (service and opportunity to be heard) need to be followed nonetheless.

What are the benefits of a step-parent adoption? Adopting your stepchild is a selfless act which brings your family closer together. You may wish to seek a step-parent adoption so you can truly be the child's parent in the eyes of the law. You will also have rights in regards to custody and making decisions about the child's medical needs, education and more.

Contact a step-parent adoption attorney at our firm today!