10 Things that Every Kansas Stepparent Should Know about Stepparent Adoption

One of the most common forms of adoption in Kansas is stepparent adoption. During a stepparent adoption, the stepparent assumes the legal and financial responsibility of his or her spouses biological children, just as if they were their own. When this happens, the non-custodial biological parent relinquishes rights to the child, including parental responsibilities, child support, and legal decision-making.

Even though stepparent adoption is common, it is nonetheless a complex area of family law. As such, it is often advantageous for the individuals attempting adoption to seek the guidance of an experienced Kansas adoption attorney. At McDowell Chartered, we understand the complexities of adoption, and are here to help parents and stepparents in Kansas and Missouri successfully resolve their adoption cases.

To help start the process, we have created a list of 10 things that every stepparent should know about stepparent adoption before initiating the process.

1. In Kansas, the standard fee for filing an adoption petition is $72, though there may be other fees involved throughout the process.
2. In the event that the biological mother or father of the child refuses to consent to stepparent adoption, there are situations in which the court may terminate his or her rights, such as if the parent has failed to perform parental duties for two-years or more, or if the parent abandoned the child as a newborn.
3. Current law does not establish a minimum duration of marriage requirement for couples in which a new spouse (stepparent) wants to initiate adoption. Couples who are not married are not eligible for stepparent adoption.
4. After an adoption petition has been filed, there is a waiting period of 30-days before the case can be finalized. In most cases, parents are notified within 20-days of the hearing date.
5. If the parent who is relinquishing rights, or whose rights are being terminated, cannot be located in order to be notified of the hearing, then what is known as an “affidavit of diligent search” must be filed with the court along with a publication notice. The publication notice allows the notice to appear to be published in a public newspaper for up to three weeks.
6. If the non-custodial parent chooses to contest the case in writing, then the case will move to trial, where “clear and convincing evidence” must be proven before the court concerning the termination of the parent’s rights.
7. Once parental rights have been terminated and a stepparent adoption is complete, the terminated parent will not be responsible for continuing child support payments, unless he or she is ordered to pay any amounts in arrears.
8. Once adoption is complete, the child’s name may be changed, if applicable, to reflect the stepparent’s name.
9. Any child who is 14 years old or older must provide consent to be adopted by the stepparent. Children ages 11 to 13 may be asked by the court for their opinion or consent, but it may not be mandatory for the adoption to continue.
10. Once adoption is complete, the state will issue a new birth certificate for the child.

Get Help with your Kansas Adoption

These 10 tips are designed to help Kansas and Missouri parents and stepparents understand how the process of stepparent adoption works. Even so, this list is hardly exhaustive and every family and case is different. That is why it is important to secure the aid of an experienced Kansas Adoption Attorney who can help ensure that all aspects of your case are carefully examined in order to secure the best outcome possible. Call McDowell Chartered today to schedule an initial consultation and start the adoption process with the skill and knowledge that you can trust. Call our Wichita, Kansas office today at (316) 633-4322.