The relationship between a step-parent and step-child can be a special bond. Whether the parent came into the child’s life at a young age or during the teenage years, the relationship evolves into something uniquely theirs. Sometimes, the word “mom” or “dad” feels more appropriate than step-mom or step-dad, and it may be at this point that you choose to legalize this relationship through adoption.
Why should I consider step-parent adoption?
Besides solidifying the emotional bond between step-parent and step-child, adoption provides the same rights and responsibilities as a biological parent. The child can be added to the step-parent’s insurance plan and gains inheritance rights. The step-parent can also make decisions about the child’s health, education, or other important parts of life. Adoption can form new bonds within a blended family and reaffirm the community that the child belongs in, which can have positive impacts on their health and education outcomes.
What does the process look like?
It’s important to know that the process can be different in each jurisdiction in Michigan. For example, the amount of time that courts require the step-parent and biological parent be married differs.
Before you start, you will need to gather copies of several important documents, including birth certificates for all interested parties, marriage certificates, divorce decrees, death certificates (if relevant), support orders for minor children, guardianship orders, and more.
When the step-child is over 14 years old, he or she must agree to the adoption. And, if the other biological parent is living, their parental rights must be terminated before a judge will approve step-parent adoption. They may voluntarily terminate their parental rights, which makes the process for adoption simpler, otherwise, the court will get involved.
The process begins by filing a petition with the family court, which outlines the step-parent’s desire to adopt the child and includes details about their relationship. After filing the petition, the judge will order an investigation and a written report to consider whether to allow the adoption. This may include a home study to assess the child’s living conditions. Finally, a hearing will occur for a judge to consider the report and finalize the adoption.
What issues should I consider when it comes to step-parent adoption?
If the step-child’s other biological parent does not agree to terminate their rights, there will be a hearing where a judge makes the final decision. Parental rights may be terminated if:
- The father had notice and denied an interest in custody.
- The father’s identity or location is unknown.
- The other parent had the ability to support and contact the child, but has failed to do so in the last 2 years
Finding an Attorney for Step-Parent Adoptions
With so many variables to consider with step-parent adoption, it’s important to seek out an experienced attorney. An attorney can handle all the necessary court filings, will obtain waivers from non-custodial parents, and will represent the interests of the step-parent. The trusted team at Striegle Law can guide you through the various requirements and help your family through this complex journey toward formalizing your relationship with your step-child.