What is a step-parent adoption?

A step-parent adoption is a legal process in which a step-parent takes legal responsibility for their step-child and becomes their official parent. This process is recognized by the state of Delaware and is governed by the state’s adoption laws. The step-parent adoption process starts with the step-parent filing paperwork to begin the adoption process. This paperwork must include a request to terminate the rights of the non-custodial parent, if any, and an adoption petition with the court. The court then sets a hearing where the biological parents or guardians come to court and give consent to the adoption. If the biological parent does not consent, the court may waive their rights and proceed with the adoption. Once the adoption is approved by the court, the step-parent becomes the legal and custodial parent of the step-child. As the legal parent, the step-parent assumes all parental rights and responsibilities, including financial and medical responsibility for the child. Additionally, the child’s birth certificate is amended to reflect the new parent’s name. In Delaware, all prospective adoptive parents must go through a home study process to ensure suitability for parenting. This involves a background check and home visit, among other requirements. Step-parent adoption in Delaware can be conducted without the assistance of an attorney, but many choose to seek legal counsel to ensure that the adoption is conducted in full accordance with the law.

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