What is a step-parent adoption?

A step-parent adoption is a type of adoption that occurs when a stepparent legally adopts their spouse’s child. In California, step-parent adoption is governed by the State Adoption Law. Here, a stepparent may petition the court for adoption if the biological parent has had their parental rights terminated. Generally speaking, additional requirements must be met before the court will grant the adoption, including consent from the child who is over 12 years of age, proof that the stepparent and child have established a relationship of two years or longer, and that the adoption is in the best interests of the child. In some cases, the non-custodial biological parent will also need to consent to the adoption before the court can grant it. This is only necessary if the parental rights of the non-custodial biological parent have not already been terminated—for instance, if they are still paying child support. In these situations, the stepparent may need to file a Petition for Adoption with the court, including a termination of parental rights from the non-custodial parent. Once these requirements are met, the court will hold a hearing in court and decide if the adoption is in the best interests of the child. If the adoption is approved, the stepparent will now share legal responsibility for the child, and the stepparent and child will become legal relatives. Step-parent adoption provides a way for a stepparent to formally become a part of the family and to build a strong relationship with their stepchild.

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What is a step-parent adoption?

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