How Can You Legally Adopt the Child of a New Spouse?
You’re getting married and your spouse has children from a prior marriage. You would like those children to have access to all the benefits you provide. You would also like your stepchildren to feel a greater sense of stability in your family. Stepparent adoption can accomplish those objectives.
What Is Stepparent Adoption?
The most common form of legal adoption, stepparent adoption is a legal process whereby a non-biological parent (stepparent) acquires rights as a child’s legal parent. In addition to ensuring that the child qualifies for any job-related benefits, such as healthcare coverage, stepparent adoption also makes the adopted child a legal heir, so that he/she can be a beneficiary of insurance or estate distributions.
How Do You Initiate a Stepparent Adoption in Fort Worth?
In Texas, as in every state, the finalization of a stepparent adoption requires termination of the parental rights of the other biological parent. Accordingly, to begin the process, there must already be a termination/relinquishment of such rights or the court must now terminate those rights. If the non-spousal parent is deceased or has already legally given up parental rights, the party seeking to adopt will only need to file an “Original Petition for Adoption.” If, however, the non-spousal parent has not yet relinquished parental right, the party seeking to adopt must file an ”Original Petition to Terminate Parent-Child Relationship and for Stepparent Adoption.”
Any person who has been stepparent to minor may petition the court for adoption of the stepchild. The child’s other parent must, by law, also be a party to the adoption proceeding. The petition for adoption may be filed in the county where the stepparent lives or where the child resides.
What Happens after You File Your Initial Petition?
The court will review the documents filed. In addition, the party seeking to adopt the child will generally be required to submit to a criminal background check. The court has the discretion, as well, to require that the prospective stepparent undergo an adoption evaluation but may waive such requirement if the petition to terminate parental relationship is uncontested.
In addition, if the court has concerns about the interests and well-being of a child in a potential stepparent adoption, the court may appoint a guardian at litem, who will be a legal advocate for the child.
What Are the Potential Consequences of a Stepparent Adoption in Fort Worth?
By law, a finalized stepparent adoption:
- Terminates all parental rights of the former spouse
- Makes the adopted child the legal son/daughter of the stepparent
- Renders the stepparent and spouse as legal custodians/managing conservators of the child
- Terminates any child support obligation of the non-spousal parent
- Grants the stepchild the right to inherit through the stepparent’s estate
A stepparent adoption can result in a name change for the child, though the child must consent in writing if 10 years of age or older. The stepparent and spouse may also apply for a new birth certificate for the child.
Contact the Experienced Family Law Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have worked with women and men in all matters related to family law and divorce for more than 40 years. We have a thorough understanding of stepparent adoptions and can help minimize the challenges throughout the legal process. To learn how we can help you in a Fort Worth stepparent adoption, contact us by e-mail or call our offices at one of the convenient locations listed below. Our phones are answered 24 hours a day, seven days a week.
