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How to adopt a child of your spouse


Adopting My Spouse's Child | Fort Worth Adoption Attorney

Adopting your spouse’s child as a step-parent can be an emotional experience, and despite the many reasons for wanting to adopt your spouse’s child, Texas family law is designed to help bring families together. As such, if you’re considering adoption, you have a lot of resources to help you out. Nonetheless, it can be difficult to know where to start. As your Mansfield-Fort Worth adoption attorney, we at the Law Office of Wendy L. Hart can help you through the stepparent adoption process.

Although the law is on your side to make this process as easy and straightforward as possible, it’s essential to understand the specific steps in adopting your spouse’s child. To speak with attorney Hart about how you can begin this wonderful process, call our Mansfield-Fort Worth law office today at (817) 842-2336.

What Is Stepparent Adoption?

In Texas, stepparent adoption occurs when the spouse of a biological parent petitions to the courts in order to obtain legal parental rights over the stepchild. For the most part, stepparent adoption is very similar to the regular adoption process. A major difference between the two, however, is that stepparent adoption is only permissible under specific circumstances. For instance, only one of the following needs to be true:

  • The adoptee is an adult (it is not necessary in this case to get permission from the absent biological parent)
  • There is only one living biological parent
  • The absent biological parent is in agreement with the stepparent and is willing to sign the appropriate documentation
  • Only one biological parent is active in the child’s life, whether the absent biological parent is away by choice or his/her whereabouts are unknown. In some cases, the identity of the absent biological parent is unknown.

Following the adoption, the child will have the following benefits:

  • Two active parents in his/her life
  • New birth certificate
  • Ability to inherit from the stepparent
  • Can establish a new name if desired

The Stepparent Adoption Process in Texas

As mentioned, adopting your spouse’s child is quite similar to the regular adoption process in Texas, as long as one of the above conditions apply. As such, adopting your spouse’s child is a two-step process, including:

  1. Terminating the parental rights of the noncustodial parent
  2. Adoption by the remaining parent’s spouse

You can find the extent of Texas law regarding adoption in the Texas Family Code Section 162.001(b)(1).

Termination of Parental Rights

After submitting an adoption petition (more on this below), you can move onto the next step: terminating the parental rights of the absent parent. Of course, this step only applies if the absent parent is known and alive. In some cases, the custodial biological parent can terminate the absent parent’s parental rights by signing an affidavit of relinquishment of parental rights. If both parents are alive, the absent birth parent must agree to terminate his/her parental rights before the Texas family courts.

In addition to a voluntary termination of parental rights, there is also an involuntary termination of rights, where the absent parent refuses to consent to a termination of rights. In this situation, the case moves to court. To terminate rights without the other parent’s consent, the courts need to find at least one statutory ground for termination. The courts also need to be sure that the termination is in the child’s best interest.

Petitioning for Adoption

When the stepparent is married to the biological parent, he/she can petition the courts to adopt. Generally, you will need to file the petition to adopt in the juvenile court of the county where the child lives. Furthermore, Texas law requires that both spouses file a joint petition for adoption. Following a successful termination of parental rights, the next step is a social study that involves:

  • Home visit
  • Evaluation of employment and financial records
  • Observations
  • Initial screening with the parents and children

After the social study, an amicus attorney (a non-biased attorney appointed by the court) repeats some of the previous evaluations and provides an opinion to the court.

Contact the Law Office of Wendy L. Hart

Regardless of the circumstances for wanting to adopt your spouse’s child, it’s always important to remember that courts consider the child’s best interests above all else. Although the courts will thoroughly review any documentation and conduct comprehensive investigations, it’s critical to have a dedicated and passionate attorney who can help the petitioning stepparent prepare and file these documents. At the Law Office of Wendy L. Hart, we boast years of experience helping families come together in the Mansfield-Fort Worth area. To speak with family attorney Hart, call our law office today at (817) 842-2336.

Stepparent Adoption in the State of Arizona

Published byBrittany Labadieof Lewis Labadie|July 13, 2021

Here’s what we cover:

Requirements for adopting as a stepparent in Arizona

In Arizona a stepparent can adopt their spouse’s child. This can provide permanency to a child who does not have a relationship with their other biological parent and many times has never had a relationship with the other parent.

In order to adopt as a stepparent, you must have been married to your spouse for at least one year and have your spouse’s consent to adopt. A stepparent must also have resided with the child for at least six (6) months prior to filing for adoption. If the minor child is over twelve (12) years old, the child must also consent to the adoption.

If the other biological parent consents to the adoption, it is a relatively simple process. If the other biological parent does not consent, then termination of parental rights is required prior to a Stepparent Adoption. See information on termination below.

Arizona allows for same-sex adoptions in addition to stepparents of the opposite sex.

In general, the adoptive parent will need to pass a CPS central registry records clearance check and obtain fingerprint clearance cards in order to adopt. A social study is not required.

The minor child’s attendance at the adoption hearing is required, unless waived by the court.

Termination of parental rights for adoption

If you need to terminate the parental rights of the other biological parent before step-parent adoption can take place, you fill need to file a Petition to Terminate, have the other parent served with the Petition and the Notice of Hearing.

Once the other parent has been served, he/she will be appointed an attorney to represent him/her and an initial hearing will be conducted.

If the other parent contests the termination, at least one other hearing will be scheduled; typically the trial.

Grounds for termination of parental rights

Grounds for termination are most frequently because of abandonment; however, there are other grounds to file in Arizona.

A.R.S. §8-533 states as follows in order to file for termination.

A. Any person or agency that has a legitimate interest in the welfare of a child, including, but not limited to, a relative, a foster parent, a physician, the department or a private licensed child welfare agency, may file a petition for the termination of the parent-child relationship alleging grounds contained in subsection B of this section.

B. Evidence sufficient to justify the termination of the parent-child relationship shall include any one of the following, and in considering any of the following grounds, the court shall also consider the best interests of the child:

1. That the parent has abandoned the child.

2. That the parent has neglected or wilfully abused a child. This abuse includes serious physical or emotional injury or situations in which the parent knew or reasonably should have known that a person was abusing or neglecting a child.

3. That the parent is unable to discharge parental responsibilities because of mental illness, mental deficiency or a history of chronic abuse of dangerous drugs, controlled substances or alcohol and there are reasonable grounds to believe that the condition will continue for a prolonged indeterminate period.

4. That the parent is deprived of civil liberties due to the conviction of a felony if the felony of which that parent was convicted is of such nature as to prove the unfitness of that parent to have future custody and control of the child, including murder of another child of the parent, manslaughter of another child of the parent or aiding or abetting or attempting, conspiring or soliciting to commit murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.

5. That the potential father failed to file a paternity action within thirty days of completion of service of notice as prescribed in section 8-106, subsection G.

6. That the putative father failed to file a notice of claim of paternity as prescribed in section 8-106.01.

7. That the parents have relinquished their rights to a child to an agency or have consented to the adoption.

8. That the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency, that the agency responsible for the care of the child has made a diligent effort to provide appropriate reunification services and that one of the following circumstances exists:

(a) The child has been in an out-of-home placement for a cumulative total period of nine months or longer pursuant to court order or voluntary placement pursuant to section 8-806 and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement.

(b) The child who is under three years of age has been in an out-of-home placement for a cumulative total period of six months or longer pursuant to court order and the parent has substantially neglected or wilfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.

(c) The child has been in an out-of-home placement for a cumulative total period of fifteen months or longer pursuant to court order or voluntary placement pursuant to section 8-806, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.

9. That the identity of the parent is unknown and continues to be unknown following three months of diligent efforts to identify and locate the parent.

10. That the parent has had parental rights to another child terminated within the preceding two years for the same cause and is currently unable to discharge parental responsibilities due to the same cause.

11. That all of the following are true:

(a) The child was cared for in an out-of-home placement pursuant to court order.

(b) The agency responsible for the care of the child made diligent efforts to provide appropriate reunification services.

(c) The child, pursuant to court order, was returned to the legal custody of the parent from whom the child had been removed.

(d) Within eighteen months after the child was returned, pursuant to court order, the child was removed from that parent’s legal custody, the child is being cared for in an out-of-home placement under the supervision of the juvenile court, the division or a licensed child welfare agency and the parent is currently unable to discharge parental responsibilities.

C. Evidence considered by the court pursuant to subsection B of this section shall include any substantiated allegations of abuse or neglect committed in another jurisdiction.

D. In considering the grounds for termination prescribed in subsection B, paragraph 8 or 11 of this section, the court shall consider the availability of reunification services to the parent and the participation of the parent in these services.

E. In considering the grounds for termination prescribed in subsection B, paragraph 8 of this section, the court shall not consider the first sixty days of the initial out-of-home placement pursuant to section 8-806 in the cumulative total period.

F. The failure of an alleged parent who is not the child’s legal parent to take a test requested by the department or ordered by the court to determine if the person is the child’s natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure.

If the other biological parent’s whereabouts are unknown, it can delay the adoption process and at times, a publication of the termination and/or notice of the adoption is necessary.

Brittany Labadie Author

Adoption Attorney | Principal , View my profile

How can a stepfather adopt a wife's child

Two years ago I married a woman with a child. At that time the boy was five years old. We quickly found a common language: we often went out into the countryside, kicked a ball in the yard together, and went to the cinema.

Six months ago my wife and I had a daughter. I don’t make any kind of division “this child is mine, but this one is not”. I love both equally, for me both are relatives. But only after the birth of my daughter, I thought about adopting a stepson: I want us to have a real family, not only in life, but also according to documents.

One thing is confusing: the boy has a biological father, he is included in the birth certificate. When the child was one year old, he and his mother, my current wife, divorced. The father is not interested in his son in any way, and he pays alimony partially and from time to time: he regularly goes into drinking bouts and because of this he cannot find a permanent job.

The main question that worries me the most is: can I adopt my wife's child if he has a biological father? There are also a lot of secondary questions. If yes, what is needed for this? How is the adoption procedure going? Why might I be denied?

Tamara Skokova

guardianship officer

The short answer to the main question is yes, you can adopt a stepson even if he has a biological father. But it's not always easy. I will tell you what is needed for intra-family adoption, what consequences this procedure has, and when adoption may be refused.

Why adopt a wife's child

When a single mother marries, her husband becomes not a father to the child, but a stepfather. And at this stage, legally, the child of the wife and stepfather has almost nothing to do. In words, the mother can allow to take part in upbringing, give money, give gifts. But since the stepfather is not the father, he is not obliged to do this. And even if he wants, he will not be able to represent the interests of the child in a clinic, kindergarten, school, or take him with him on a trip abroad.

At the same time, if the stepfather helped his wife's children financially for a long time and regularly, they have maintenance obligations to him. This means that in the future, a disabled stepfather has the right to go to court and collect alimony from his wife's adult child.

Art. 97 SK RF

After adoption, the stepfather is equal in rights with the father and legally can fully participate in the life of the child. But along with this, duties also appear, for example, to support a minor and pay alimony in the event of a divorce from his mother.

The child, in turn, also receives rights, such as inheriting the property of the adopter, and responsibilities, such as caring for and caring for the adoptive parent when he is old and unable to work.

Art. 87 SK RF

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How adoption works

I talked about adoption in detail in another article in Tinkoff Magazine. Then I will repeat the nuances that are important for your situation.

For adoption to be possible, it is necessary that:

  1. The marriage with the child's mother must be officially registered.
  2. The mother agreed that her husband should adopt her child.
  3. The child was under 18 years of age.
  4. The stepfather initiated the adoption.
  5. The child did not have a biological father, or he was deprived of parental rights, or agreed to adoption. I will talk about this further.

If all of the above conditions are met, you need to collect documents and apply to the district court at the place of residence or location of the child, as well as to the prosecutor's office and the guardianship and guardianship authority. What documents will be needed and how the court session is going on is further in the article.

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What if the child has a biological father

If there is a dash in the birth certificate in the “Father” column or the biological father died and this is confirmed by a death certificate, then there is no one to get consent from. But if there is a biological father, then there are two ways for adoption:

  1. deprive him of parental rights, unless, of course, there are reasons for that. For example, in your case, the father suffers from alcoholism, has not been interested in the life of the child for a long time, and pays alimony intermittently - this may be enough;
  2. to receive from him a voluntary notarized consent for his child to be adopted by a specific person. I had such cases - I will tell you about one.

The man decided to adopt his wife's child. At that time, the marriage had lasted for three years, the boy called his stepfather dad. The father did not raise the baby, did not participate in his life, did not pay alimony. But he did not want to recognize the claim for deprivation of his parental rights. This delayed the process.

/guide/lishenie-parent/

Why they can be deprived of parental rights

Guardianship specialists explained to the biological father that there is another way. He may voluntarily agree to the adoption of his child. This will be beneficial to both parties: the stepfather will be able to arrange the adoption, and the father will forget about alimony, because, since the child will have a new dad, the old one will be exempted from paying them.

Mother, father and stepfather signed a notarized consent. After that, the stepfather safely adopted the boy.

What documents are needed for intra-family adoption

The adoption procedure is lengthy. But most of the time is spent collecting documents. You will need:

  1. A copy of the adopter's passport.
  2. Copy of marriage certificate.
  3. Copy of the child's birth certificate.
  4. Certificate of no criminal record.
  5. Consent of the spouse to the adoption of the child - the mother can write it by hand.
  6. Medical report on the state of health of the adopter.
  7. The conclusion of the expert medical commission on the state of the child's health.
  8. A document confirming the ownership or right to use a dwelling.
  9. Biological father's consent to adoption or death certificate, court decision on declaring him dead or depriving him of parental rights.
  10. Application for adoption - it can be written in free form.

st. 271 Code of Civil Procedure of the Russian Federation

How is the court session and what to do after

Before the hearing, the judge checks the submitted documents: checks the copies with the originals, examines the conclusion on the validity and compliance of the adoption with the interests of the child and the act of examining the living conditions of the adoptive parent and the child. But your head should not hurt about these documents: they are prepared by the guardianship and guardianship authorities.

Usually, only interested parties come to the court session: an adoptive parent, a mother, a representative of the guardianship and guardianship authority, as well as a child who has reached fourteen years of age. A child older than ten years old can be admitted to the meeting, but only if he already knows that the adopter is not his own father, and there is no secret in this.

At the hearing, the court will find out your motives for adoption and ask if you know the consequences of this step. And then, taking into account the submitted documents, the testimony of the mother and, if necessary, the child himself, he will make a decision.

If the claim is satisfied, the decision comes into force within ten days from the date of its issuance. After that, you must personally contact the registry office at the place of registration of the child in order to obtain a new birth certificate for him. In it, you will be listed as the father and the child's surname and patronymic will change.

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In addition, the registry office will issue another document - a certificate of adoption or adoption. There will be indicated the old and new data of the child and by whom he was adopted. After that, you can contact the passport office at the place of registration to make a note about the child in the passport.

When the stepfather is denied adoption

Even if a man is legally married to the mother of the child he wants to adopt, the court will refuse if the stepfather:

  1. is registered with the neuropsychiatric dispensary;
  2. has an alcohol or drug addiction;
  3. was previously deprived of parental rights in relation to his own children;
  4. we are on trial for serious crimes.

Here is an example from my practice. The stepfather applied to the guardianship department and submitted the necessary package of documents for the adoption of his wife's child. He raised his stepdaughter from the age of two, and was legally married to her mother for more than five years.

When the guardian examined the living conditions, she was convinced that the relationship between the girl and her stepfather was warm and trusting, the situation in the family was safe.

However, during the check it turned out that the man was on trial for a serious crime in the field of drug trafficking. The guardianship specialist indicated this in the conclusion on the validity of the adoption, and the court refused to adopt the stepfather.

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Which families are considered dysfunctional

What is the result

You can adopt a wife's child, even if he has a biological father. The easiest way is to get voluntary consent from him. If it fails, then try to deprive parental rights - in your case, there is a reason.

Pay attention to the main terms of adoption: the child is under 18 years old, the marriage with his mother is officially registered, she agrees that you adopt her child, you are the initiator.

Adoption can be refused if doctors confirm that you have an unstable mental state, alcohol or drug addiction. And also if it turns out that you were previously deprived of parental rights in relation to your own children or were convicted of serious crimes.

After the adoption, you will be required to support the minor and, for example, to pay alimony in the event of a divorce. The child, in turn, will be entitled to inherit your property.

/usynovlenie/

How to adopt a child?

Ask a question

Ask a lawyer for FREE!

The question of how to adopt a husband's child is resolved based on whether the wife can be an adoptive parent in accordance with the law, whether the mother is alive, whether she is missing or capable, and whether she has been deprived of parental rights. It is impossible to adopt a husband's child if the wife does not meet the requirements of family law for adoptive parents. At the same time, the stepmother is not subject to the requirements of training as an adoptive parent, age difference with the child and income level.

A woman can adopt her husband's child by filing an application for adoption with the district (city) court. An application for adoption is considered by the court in a special proceeding in a closed court session. The guardianship and guardianship authorities are obliged to provide an opinion on the validity of the adoption and compliance with the interests of the child. If difficulties arise, you can adopt a husband’s child using the services of a lawyer or a lawyer.


Can a stepmother adopt her husband's child from his first marriage?

It is possible to adopt a husband’s child from a first marriage in court with the consent of the mother, if she is known, not recognized as missing or incapacitated, and also if she does not live with the child for more than six months and evade his upbringing and maintenance for disrespectful reasons. The consent of the mother is not required for the adoption of the husband's child from the first marriage, if six months have passed from the date of the court decision to deprive her of parental rights.

Also, when adopting a husband’s child from the first marriage, the consent of the adopted child who has reached the age of 10 years, guardians (trustees), and in their absence, the guardianship and guardianship authority, if the child has not reached the age of 16 years, may be required. Consent to adopt a husband's child is drawn up in writing and certified by a notary or by the management of the organization in which the child is located, or by the guardianship and guardianship authority at the place of adoption or at the place of residence of the parents. Also, consent to the adoption of a child can be personally declared in court.

The mother of the child has the right to revoke consent to the adoption of the child before the adoption of a court decision on adoption. Consent to adopt a child is given with or without indication of a specific person only after the birth of the child.


How to adopt a husband's child from his first marriage?

In order for a stepmother to adopt a child of her husband from her first marriage, an application for adoption must be submitted to the district (city) court at the place of residence (location) of the child. In the application for adoption, you must indicate the name and address of the court, full name. and place of residence of the adopter, full name, date of birth, place of residence (location) of the adopted child, information about parents, brothers and sisters, justification for the adoption request, request to change the full name, place and date the birth of a child. The application for adoption must be accompanied by copies of a marriage certificate, a medical report, a certificate of employment, copies of a financial personal account and an extract from the house book.

The adoption case is considered by the court in a closed court session with the involvement of the guardianship and guardianship authorities and the prosecutor. Also, adoptive parents, a child who has reached the age of 14 years (sometimes - 10 years) and other interested persons are necessarily involved in the court session. The state fee is not paid when applying for adoption. When preparing the case for trial, the guardianship and guardianship authorities are obliged to submit an opinion on the validity of the request to adopt the child and the compliance of the adoption with the interests of the child.

When the court makes a decision on adoption, the court will indicate the data necessary for state registration of the adoption in the registry office. State registration of adoption is carried out within a month from the date of entry into force of the court decision. An application for state registration of adoption and a court decision on adoption must be submitted to the registry office at the place of residence of the adoptive parent.

Remember! To fully clarify question how a woman adopts her husband's child from her first marriage needs good knowledge of family, housing and civil law, as well as experience in the litigation. Before submitting documents and adopting a husband’s child, it is recommended to contact an experienced lawyer or lawyer. Preliminary legal advice will help you figure out how to adopt a husband's child from his first marriage.


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