How Do I Start a Step Parent Adoption?

These days many couples in Onondaga County find themselves in second marriages living with children from their previous relationships and marriages. Having to define the legal relationship between your new spouse or partner and your children becomes more and more common. It is a critical concern if your child's biological parent is a "deadbeat" with child support or lacks interest, fails to visit or abandons them.
The process of legally adopting the child of your spouse or partner is a very confusing and difficult one for a lay person. Hiring the right attorney will ease much of the stress and make the process smoother. Once you have hired an experienced adoption attorney, the next step is gathering some information for them. Some of the New York State, Syracuse City or Onondaga County Records needed may include; your child’s birth certificate, a certified copy of your marriage certificate, tax and medical records. These documents are much different than what is needed for court during a divorce or custody proceedings. Your attorney will need to get all the necessary paperwork ready for the court to review. The paperwork required is quite detailed. Those entering the adoption process must be very forthcoming with their attorney. For example, the client will need to disclose any criminal history, their yearly salary and occupation, and why they want to adopt the child.

What are the consequences of a step parent adoption?

When a step parent or partner adopts a child, they become a legal parent to the child. They have essentially have the same rights and responsibilities as the biological parent to the child. Adoption affects the legal relationship between the adopting parent and the child. In essence it terminates or ends the legal relationship between the child and the biological parent whose shoes the adoptive parent is filling. Once the adoption is complete the child is no longer entitled, by law, to automatically receive part of the original biological parents estate at their death or receive child support or financial assistance from that parent.

Giving notice to the parent being replaced?

When a child is adopted by a step parent, the biological parents rights are dramatically impacted. They have no legal right to be involved in how the child is raised or be their guardian. The adopting parent essentially takes the place of the biological parent.
Because of the finality of adopting a child and terminating a parents rights, it is not something that the court takes lightly. Step parent adoptions raise many legal issues. In New York State adoptions, the parent who may lose their rights must be notified that the adoption is going to take place and must give their consent. However, there are exceptions to the rule requiring consent, such as, if a parent is shown to have met the legal definition of abandonment of the child. The Court must also be able to see that legally it is in the child's best interest to be adopted.

Contact us if you and your spouse or partner live in central New York and are considering doing a step parent adoption, We can tell you if there will be obstacles and if it is the right option for you. We are experienced and knowledgeable in this area and look forward to working through this process with you.