The adoption of a child is a life-changing event that can
lead to rewarding relationships for all parties involved. Unlike a typical adoption, where the child’s
legal relation to both biological parents is terminated, a step-parent adoption
keeps parental bonds in tact with the married biological parent while creating
a new legal parent-child relationship with the step-parent. In a step-parent adoption, all legal and
financial ties are terminated between the child and the biological parent who
is giving up parental rights.
The
step-parent who is adopting becomes the child’s legal parent, meaning the
adoptive parent has a legal duty to provide for the child, the child will
inherit from the adoptive parent, and the adoptive parent would be obligated
for child support if there were ever a separation of the adoptive and
biological parents. It is important to
realize that for most legal purposes, an adoptive parent is held to the same
standards as a biological parent.
A step-parent seeking to adopt a child should hire a qualified attorney. Though highly rewarding, the
adoption process is complex and an attorney can help prevent any unnecessary
delays. Although there are exceptions,
the consent of both biological parents is typically required to move forward
with the adoption. Once the consent is
received, a Petition for Adoption will be filed. An attorney will help with the documents that
must be submitted before the adoption is legal, specifically the putative
father registry documentation and a medical history. A home study of the adoptive home will also
be conducted and a report filed with the court.
After
this process is complete, the court will hold a formal adoption hearing. If all goes well, the judge will decide it is
in the child’s best interest to be adopted by the step-parent. Once the adoption decree is entered, the
child will be issued a new birth certificate, showing the adoptive step-parent,
and may also petition for a name change.
If you have a question about protective orders, or any family or criminal law case, contact Attorney Naun Antonio Benitez at (317) 456-7942 or through E-Mail.
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