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How Does the Adoption Process Differ for Stepparents?
Adoption is never simple, but thankfully, the law here in Texas does simplify the process somewhat for stepparents. The law acknowledges that husbands and wives who want to have a meaningful relationship with their spouses’ children from another marriage are in a different category from people adopting unknown children and want to make it as easy as possible for blended families to succeed. However, the law is still never simple, and a San Antonio adoption attorney can make sure that things go as smoothly and quickly as possible for you and your family.
Stepparent Adoption in Texas
When a stepparent adopts a child here in Texas, they become that child’s legal guardian and have all the rights of a parent, as well as the full responsibilities. A new birth certificate is issued for the child, the child can take a new name if they wish. That child will then have all the same inheritance rights as a biological child would have. Because Texas law only allows a child to have two parents, however, this means one of the child’s biological parents must either have passed away already or had their parental rights terminated. This latter is a huge step, and it means that a judge will not lightly sign off on an adoption. There are some very important things that need to be proved, and all of them together must show that the adoption is in the best interests of the child.
To even be eligible for stepparent adoption, you must meet certain conditions. One possibility is if the stepchild is already over 18 and can thus consent to the adoption. The second possibility is if the child only has one living biological parents already. A third possibility is if one of the child’s biological parents is willing to sign away all their rights and responsibilities as a parent. And finally, if one of the biological parents cannot be found, persistently and deliberately chooses not to be involved in their child’s life, or their identity is entirely unknown, then your situation would meet the criteria to be eligible for a stepparent to adoption.
Starting the Process
This is a two-step process, and it begins with terminating the parental rights of one of the child’s biological parents (or proving that the biological parent cannot be found, is unknown, or has passed away). Sometimes this is simple. If the parent doesn’t care about their child, they may be very happy to sign away any responsibility regarding them. This can be especially easy in cases where the biological parent has been reluctant to pay child support and may be happy to no longer have that responsibility.
However, at other times, the biological parent refuses to consent to the adoption. Sometimes this may be out of legitimate love for their child, but more often, if it has come to this point, the issue is a desire to hurt a former romantic partner or spouse rather than really concern for the child.
Grounds for Terminating Parental Rights
You can only have a parent’s rights terminated under certain lawful grounds, which are:
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Abandonment
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Incarceration
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Child abuse
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Failure to provide support
Even proving one of these conditions is not, in itself, enough. The court must also be convinced that terminating the biological parents rights is actually in the child’s best interests. If you need to terminate the rights of a child’s biological parent in order to adopt them, it’s very important to have an experienced San Antonio adoption attorney on your side to help you prove everything and make a strong case for why it’s in the child’s best interest.
Bringing a Petition With Your San Antonio Adoption Attorney
Once you’ve consulted an attorney, your lawyer will help you to bring a petition for adoption. The exact nature of this petition will depend on the precise relationship between the child and the parent you will be replacing. If the other child’s parent has already passed away, or if there’s already a court order in place that has terminated parental rights, then you can file an Original Petition for Adoption. This is the simplest route.
However, if the other parent is alive and there are no court orders in place, you need an Original Petition to Terminate Parent-Child Relationship and one for Stepparent Adoption. At that point, you will have to give notice to the biological parent of your intention to adopt their child, and they will need to sign documents to consent to this adoption. You can notify them in person or by certified mail, and if they refuse to sign, you then have to get the court to terminate their parental rights through an order.
Important Questions
What If My Potential Stepchild Doesn’t Want This?
If a child is over the age of 12, they get to have a say in this process and must consent in writing or in person in the courtroom to moving forward with this adoption. If the child is younger than this, you don’t need their permission, but only so long as you don’t intend to change their name. If you want to change a child’s name, the child’s needs to consent if they are at least 10.
What If We Don’t Live Together?
If you don’t currently live with the child you wish to adopt, the court will not grant you a stepparent adoption. You must live with the child for a minimum of six months in order to show the court that the child is comfortable with you and that you are forming a bond. Without this, the court will not consider it in the child’s best interests to make this change. If you’re interested in stepparent adoption and don’t yet live with the child, now is the time to bring them into your home.
Should I Take This Step?
Only you and your spouse can decide if this is the right step for you and your family; but there are some very good reasons to proceed with a formal adoption, even if you already live together and have a family life. For one thing, adoption will automatically make the child your heir. If you’ve already been providing for this child and treating them for all intents and purposes as a parent would, it can be devastating to consider the possibility that you might pass away unexpectedly, and they would not be in a position to automatically inherit anything from you.
In addition, you might be surprised at how much security and stability an adoption provides for a child. If one of their parents is absent from their life or is abusive and dangerous, knowing that they have an “official” mom or dad in you can be very healing. On a practical level, adopting can also make a lot of life easier. Once you are the legally adopted parent of a child, it becomes much simpler to do things like pick them up from school, take them to doctors’ appointments, access their medical records, and make important legal decisions for them, if that becomes necessary.
If you’re considering a stepparent adoption, we can help. Reach out to us now at the Aida Rojas Law Firm in San Antonio, where we have more than 20 years experience in representing Texas families.
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