Representing Stepparents Who Want To Adopt
If your new spouse has a child, you may wish to make them a permanent part of your family through stepparent adoption. This process can be a positive step for everyone involved, especially the child.
The first step in stepparent adoption is terminating the parental rights and obligations of the other biological parent. This process is straightforward if the other parent is deceased or voluntarily relinquishes their rights.
However, if the other parent refuses to give up their rights but is deemed unfit due to incarceration, substance abuse, or abandonment, the court may still terminate their parental rights. This is especially true if there has been a prolonged absence of communication or financial support.
Once parental rights are terminated, the legal relationship between the child and the original parent ceases to exist, and the child will not automatically inherit from the original parent.
Why You Should Formalize The Relationship
A close family wants a legal relationship as well as an emotional one. But there are also very practical reasons to formalize adoption. If the birth parent/spouse were to die, the stepparent would have no legal relationship or custody rights to the child even though the child may have been living with the stepparent.
If the same situation were to occur after a formal adoption, the stepparent would have a duty to care for the child, and the child would become an heir to the stepparent.
Let Us Help You In Northeast Georgia
Generally, a home study is not required as it would be in other forms of adoption. Let attorney Christopher Adams assist with your stepparent adoption. He has deep roots and a firm commitment to the Georgia community. For a free, 30-minute consultation with Christopher Adams, contact us online or call our lawyer at 770-676-1083.