Stepparent Adoption

Of all of the various types of adoption available to individuals who want to be parents, stepparent adoption is the most common form. In this type of adoption, a stepparent assumes both financial and legal responsibility for his or her spouse’s children. In addition, the non-custodial biological parent is released from all of his or her parenting responsibilities.

The procedures for stepparent adoption vary based on the status of the noncustodial parent. If the non custodial parent is presumed or alleged, there is one type of consent that must be granted by the parent. There are also a number of ways to get around an individual who doesn’t want to give up his or her rights.

When a stepparent adopts a spouse’s child or children, California prefers that the stepparent have been married to the custodial parent for a minimum of a year prior to the adoption. To go through with a stepparent adoption, the stepparent and custodial parent will be required to fill out a number of forms for the court. In addition, there will also be a hearing in court to discuss everything. The child that is going to be adopted, the custodial parent with whom the child lives, and the adopting stepparent must all attend the hearing.

Contact a San Jose Family Lawyer

For more information on stepparent adoptions in the California courts along with the benefits of them, contact the San Jose family lawyers of the Law Offices of Daniel Jensen at 408-296-4100.