Stepparent Adoption Lawyers Atlanta can create a sense of cohesion as a family when one partner adopts the children of the other partner. The adoption process makes the new parent legally responsible for the well being of the child, and in cases where a child feels abandonment by his or her biological parent, adoption can give them a sense of being wanted.
Blended Families are a Growing Reality
According to Steppingstones, a club for stepparents, one third of Americans are stepparents, stepchildren, step siblings, or other members of the stepfamily. While 45% of marriages involve remarriage, 65% of remarriages involve children from past marriages. This puts the stepparent in a position of supporting a child, yet he or she has no rights to make decisions about medical care, school, religion and other life issues. Although in 20 states a stepparent is already financially responsible for supporting stepchildren, adoption gives the new parent legal rights until he or she turns 18.
Terminating the Rights of Birth Parents
To proceed with a stepchild adoption, it is necessary to obtain the consent of the biological parent if they have a relationship with the child, or if they are still alive. This step is moot if the biological parent has previously relinquished their rights. Even when it is clearly in the best interest of the child to be adopted by the stepparent, the birth parent may be reluctant to step aside, especially if he or she has a relationship with the child. If the birth parent refuses to sign over their rights and allow the adoption, the only way the adoption can proceed is if the parent's rights are terminated for other causes such as being unfit, abandonment, and failure to support the child or, in the father's case, if the child isn't biologically his.
Abandonment. In most states if the parent has not been in touch with the child for a specific length of time the court may consider the child "abandoned."Unfit. In cases where one birth parent is mentally ill, addicted to drugs or alcohol, neglectful, abusive, or incarcerated, or fails to visit the child, the court may declare the one parent "unfit."Failure to support. Depending on the state, this alone may not result in an involuntary termination of rights if the child has a relationship with the biological parent, but in most often creates a favorable case for the supporting stepparent.Not the father. If DNA tests prove that the supposed birth father is not really the natural father, that person's parental rights may be terminated.
New Issues in Stepparent Adoptions
In our current legal environment of marriage equality and legally binding domestic partnerships, the potential increase in stepparent adoption makes it a growing area of the law. If you find yourself in this situation, make sure to speak to a lawyer in order to learn your rights in stepparent adoption within that state.
While it is not necessary to get a lawyer involved in many stepparent adoptions, things can become complex, especially if a birth parent is reluctant toward the adoption. A lawyer who is experienced in stepparent adoptions will make the process easier and lessen the chances that a birth parent will later challenge the procedure.
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