Adoption can take on various forms depending on the parties to the adoption. For example, there are close family adoptions, over 18 adoptions, in-state and out-of-state adoptions, international adoptions and stepparent adoptions. This blog will deal specifically with stepparent adoptions.
A stepparent adoption takes place when the spouse of a child’s birth parent seeks to legally adopt one or more children of their spouse. While we speak of birth parents, the custodial parent may have previously adopted the child. An important distinction is made here in that following the adoption you are the parent! While often a stepparent adoption arises following the divorce of the birth parents, the birth parents need not of been married. The death of a birth parent and the subsequent marriage of the surviving spouse could also bring about a stepparent adoption.
In Virginia, the non-biological parent petitions the local Circuit Court with the biological parent joining in, and with the non-custodial parent signing a Consent for Adoption. The fact that the biological parent joins the Petition typically prompts the court to waive the requirement for a Home Study. The act of the non-custodial biological parent signing the consent, severs that parents rights over the child, permanently. An important consideration is that if child support is being paid by the non-custodial parent it will end the day the Adoption Order is signed.
If the consent of the non-custodial parent cannot be obtained then there are procedures that may be put into play to facilitate the adoption. For example, if the birth parent’s whereabouts are unknown, or the parent is not involved in the child’s life and refuses to sign the consent, then alternative steps may be taken.
The benefits of adopting a stepchild are endless, and beyond measure, so it is something that should be seriously considered with the child(ren) and other family members. Adopting can create bonds between a child and stepparent that may not otherwise be there; for example, stability. One adoptive father says, “He was already mine. It was just a matter of paper work.” The commitment a stepparent makes to the child by solidifying their family unit is the greatest benefit of a stepparent adoption.
I take great pride in helping families grow through adoption. Personally, it is the most satisfying aspect of my profession. Having suffered the loss of a stepson, I understand and wholeheartedly respect your commitment to your children and your family.
If you just have questions, or for information on initiating this process, contact the Law Office of Kirk D. Berkhimer, P.C.
