Why You Should Consider Adopting Your Stepchild

Many couples are pleased to learn that adopting their spouse’s child from a previous relationship is possible. Families that opt for stepparent adoption will join approximately 750,000 other families in which a spouse has adopted a stepchild in the U.S. One thing that is important to know is this process is not necessarily easy. Being a stepparent involves co-parenting your spouse’s children and is an incredible responsibility.

What Are the Benefits of Adopting a Spouse’s Child?

One of the most important things to remember is that stepchild adoption provides extra legal protections. Stepparents who adopt stepchildren have recourse to many of the benefits of biological parents:

• A stepparent can raise the stepchild as if they were their own after the death or incapacitation of the other parent.
• Stepparents can provide the same financial support available to a biological child.
• Adopting a stepchild can put the adoptee on equal footing with other children for inheritance purposes.
• Adopting a stepchild is one of the strongest ways of showing acceptance of the relationship with the child.
• Taking this step is often one of the best ways to strengthen relationships within a blended family.

Are There Special Considerations When Adopting a Stepchild?

A New Jersey adoption attorney can advise you about the requirements for adopting a stepchild. There are some precise requirements under state law.

First of all, the stepparent and biological parent must be in a legal marriage. A stepparent must be at least 18 years old and at least 10 years older than the child.

Children over 10 years old must give consent to the adoption. In addition, the child must attend the hearing in these circumstances.

Must the Other Parent’s Rights be Terminated?

The process of how to adopt a stepchild in New Jersey does involve the non-custodial parent’s rights having been terminated. Although the other parent may terminate their right voluntarily, this process may also be involuntary.

Non-custodial parents who opt to give up their rights must sign appropriate documentation. Sometimes, circumstances don’t allow biological parents to voluntarily surrender their rights.

If the biological parent cannot be found and if there is a court order affirming this status, their rights might be terminated. Parents convicted of abandoning, abusing, or neglecting a child may lose their parental rights. Child cruelty convictions may also result in parents losing their rights.

Courts will require testimony attesting to why a child would benefit from the parent losing their rights. Failure to comply with the Division of Child Protection and Permanency’s guidelines may result in parental rights termination.

What Is the Process for Adopting a New Jersey Stepchild?

A stepparent must pass a background check before adopting their stepchild. After the stepparent completes this step, the New Jersey adoption attorney can help them prepare for the hearing.

The hearing allows the judge to determine whether to grant the petition to adopt the stepchild. If granted, the stepparent will have the same full legal rights as a biological parent.

What If the Couple Later Divorces?

An adoptive stepparent has the same responsibilities and duties as the biological parent. If a couple divorces, the courts will treat the situation the same as if both parents are biological parents.

A stepparent may sue for custody or visitation rights in a divorce if they have adopted a stepchild. Paying child support might also be necessary if the couple divorces.

Can Stepchild Adoption Be Handled Out of Court?

All adoptions occur within the court system for the children’s protection. This process is sometimes complicated, even when the other parent opts to terminate their rights.

The adoption process isn’t usually fast and may have complications along the way. However, a prospective adoptive stepparent who understands the process and can effectively advocate for adopting their stepchild may enjoy better chances of success.

If you are interested in adopting your stepchild in New Jersey, contact our Haddonfield law firm at (856) 429-5005.