Stepparent adoptions are the most common form of adoption in the U.S. Over 50% of U.S. families are remarried or re-coupled. It is no surprise then that a large number of children live with stepparents. About 1,300 new stepfamilies are created each day. In fact, many researchers and statisticians have speculated whether there are more stepfamilies than original families in existence today. The previous few U.S. Census reports did not specifically address stepfamilies, so it is unclear whether this estimation is accurate. In any event, it is evident that stepfamilies have become increasingly common throughout the past decade, and with the rise in the number of stepfamilies has been a corresponding increase in the frequency of stepparent adoptions.
After re-marriage, many stepparents are eager to adopt their new spouse’s children as their own. Stepparent adoption provides a legal link between the stepparent and the stepchild that would not otherwise exist. For instance, if the couple were to divorce, the stepparent would not generally have a right to custody of the un-adopted stepchildren. The absent biological parent, who in some cases has no relationship with the child, might be awarded custody. Further, in the event the stepparent’s spouse was to die, he or she would have no legal standing to obtain custody or visitation of the child.
There are three reasons why most stepparent adoptions occur:
- The biological parent who does not reside with the child is deceased
- The absent parent has abandoned the child by failing to maintain contact or provide financial support
- The absent parent consents to the adoption in writing because he or she believes it to be in the child’s best interest
The good news for stepparents seeking to adopt their stepchildren is that stepparent adoptions are generally simpler and less costly than traditional adoption. Stepparent adoptions usually require the consent of both biological parents, provided in writing. The adoption will terminate the rights of the absent parent, or parent not residing with the child, along with the right of the child to receive child support. The legal relationship between the child and the absent parent ceases to exist, with the relationship with the stepparent taking its place.
Under Kansas law, consent of the biological parent is not required when:
- The parent’s parental rights have been previously terminated;
- The parent failed to assume the duties of a parent in the two years preceding the stepparent adoption petition. A failure to pay child support will create a rebuttable presumption that the parent has failed to assume the duties of a parent; or
- The identity of the biological parent is not known and cannot be ascertained and notification is printed publicly.
Courts can additionally consider the best interests of the child, as well as the fitness of the absent parent who refuses to consent in determining whether to grant a step-parent adoption petition.
It is imperative that all stepparents considering adopting their stepchildren consult with a Kansas adoption attorney who will fully inform them of their rights and responsibilities and navigate them through the process of stepparent adoption. Any stepparent adoption should be completed only after much consideration and consultation with an attorney, as it is a lifelong commitment that will render the stepparent responsible for the stepchild just as any biological child.
Since 1992, Kansas Adoption Lawyer Thomas McDowell of McDowell Chartered has pioneered the interests of stepparents seeking to adopt their stepchildren. Our dedicated, compassionate attorney team has conducted thousands of stepparent adoptions. We have the knowledge and skill to ensure the adoption process proceeds quickly and painlessly. Call us today at (316) 633-4322 for an initial consultation.