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Legal Process Required for Stepparent Adoption – Discussed by a Kansas Adoption Attorney

Legal Process Required for Stepparent Adoption – Discussed by a Kansas Adoption Attorney
February 20, 2016 James Greenier

With the large amount of divorces that occur each year, it is no surprise that the number of stepparent adoptions have increased as well. Some of the most supportive and healthy family dynamics have been created through stepparents adopting their stepchildren, and our firm supports the expansion of Kansas families. Stepparents and families who wish to adopt their stepchildren and obtain parental and legal rights should be aware of the requirements and what the process entails in Kansas. As with most adoptions, the legal process begins with submitting a petition to the court. However, prior to the physical act of submitting a petition, there are a number of considerations to be made prior to initiating the adoption process.

Benefits of Stepparent Adoption

Whether a child has been abandoned or neglected by their natural parent, or a stepparent has such a strong bond to the child that they wish to legalize their relationship, stepparent adoption provides many benefits. A child with divorced parents who is now a part of a blended family may feel separated or distant in response to the new circumstances. Many families feel stepparent adoption helps alleviate certain feelings and encourage a sense of stability and a healthier environment. In addition to the stepparent making the bold declaration to adopt their stepchild and view them as their own biological child, the child can also possess their last name and their mother’s last name.

Obtaining Consent and Filing a Petition

At the outset of considering stepparent adoption, the stepparent and natural parent should assess the situation regarding the other natural parent. Determining the other parent’s involvement in the child’s life and their ability to provide consent to the adoption and termination of their legal rights can help gauge the outcome and timeline of the process. If a parent does not consent, complications may arise, however an experienced Kansas adoption attorney can provide alternative, available options. In addition, the legal procedure and required forms for stepparent adoption are outlined in K.S.A. Chapter 59 or you can discuss and begin the process of filing a petition with a qualified adoption attorney.

A judge will review the case, testimony from relevant parties, possibly including the child, and use his or her discretion to determine whether or not stepparent adoption is in the best interest of the child. Once they sign the decree establishing formal adoption and parental rights, a new birth certificate will be issued and the stepparent will possess legal rights and the ability to make parental decisions on behalf of the child.

Contact a Kansas Adoption Attorney to Answer All of Your Stepparent Adoption Questions Today

With over 40 years of adoption experience in Kansas, Attorney Tom McDowell has helped grow many families and looks forward to providing the same service for yours. He is familiar with the adoption process in Kansas and can therefore help you approach it efficiently and successfully. Call Kansas Adoption Attorney Tom McDowell at McDowell Chartered Legal Services today at (316) 633-4322 to properly file for a stepparent adoption.