Practice Areas - Stepparent Adoption
Stepparent Adoption:
What you need to know in North Carolina
Practice Areas
Stepparent Adoption
According to recent data, 7% of children in the United States live in a household with at least one stepparent. And in many of these cases, the families have resided together for extended periods before marriage. As a result, stepparents become an integral part of a child’s life, and many families wish to formalize the stepparent’s status as a parent through stepparent adoption.
Continue reading to learn more about what you need to know for stepparent adoption in North Carolina.
Stepparents become an integral part of a child’s life, and many families wish to take steps to formalize the stepparent’s status as a parent through stepparent adoption.
What is the legal impact of a stepparent adoption?
Once a stepparent adoption has been completed, the spouse of the child’s parent becomes a legal parent with all of the same rights and responsibilities as the parent.
The child and the adoptive parent share inheritance rights, and the adoptive parent can seek custody or visitation in the event of a subsequent separation or divorce. This means that the adoptive parent also becomes obligated to support the child financially and can be required to provide child support in case of a subsequent separation or divorce. The child’s name can also be changed as a part of this adoption.
As a part of stepparent adoption, the rights of the parent who is not the spouse of the adoptive parent are terminated—the parent whose rights are terminated no longer has any obligation to financially support the child (past due, previously ordered, child support can still be collected, however).
It should be noted that biological grandparents may still obtain/retain visitation rights with a child adopted by a stepparent if a substantial relationship exists between the grandparent and the child and in the child’s best interests.
What are the requirements for stepparent adoption?
In many cases, stepparent adoption can be fairly simple, provided the requirements have been met. A court appearance is not usually required.
The length of the marriage
In many cases, stepparent adoption can be fairly simple, provided the requirements have been met. A court appearance is not usually required.
A home study
After filing the petition for adoption, the prospective adoptive parent will need to arrange for a home study by a licensed home study provider to ensure that the adoption is in the best interests of the child (which can be waived if the stepparent has been married to the child’s biological parent for more than two years).
What documents do prospective stepparents need?
Documentation requirements can vary from county to county, but the adoptive parent will generally need a certified copy of the marriage and child’s birth certificates.
The background check
A background check for the prospective adoptive parent is usually required (some counties require a report from the State, others from the FBI), and some counties require character affidavits.
