Stepparent adoption is a very common form of adoption in Kansas and across the nation. Everyday families seek to legalize the relationship a stepparent and stepchild have formed and formally strengthen it through the legal system. Kansas allows stepparents to adopt their stepchildren, and the process is relatively simple if certain criteria and requirements are met. It is very important to note and understand the gravity of what a stepparent adoption entails and that the legal rights of a biological parent are terminated, and the stepparent steps into the role in all capacities. The adoption process also includes relieving the non-custodial parent from all parental responsibilities, including current and future child support.
Parental Consent and Termination of Rights
When a stepparent decides he or she wishes to adopt their stepchild it is usually required that both parents provide consent to the adoption. In the majority of instances the biological parent married to the stepparent provides consent but the other biological parent may or may not be willing to terminate their rights and offer the required consent. In addition, the current custodial situation, financial support or relationship the other parent has with the child is irrelevant. However, there are certain circumstances where the court will proceed with an adoption even if the parent who is being “replaced” does not consent or wish to relinquish their rights. Their consent may not be required and their rights may be relinquished involuntarily if certain circumstances are present, they are uncooperative or they are unable to be located. Adoption laws are regulated on a state subjective basis and some states require that couples be married a certain length of time or that an adoptive home study be conducted.
Rights of an Adoptive Stepparent
Because of the complex nature stepparent adoptions can sometimes create, it is best to thoroughly research applicable statutes or speak with a legal advisor who is well-versed and experienced with Kansas’s Adoption laws. The ability to legally build your family and formally solidify the relationship you feel has already been created can be a very exciting time. There is also an immense amount of gravity involved in adopting a stepchild and all aspects should be considered. For example, the new parent assumes all legal and financial responsibilities of the child as a natural parent would. The health and well-being of the child becomes their responsibility consistently as it would for a biological parent. In addition, if the relationship between you and your spouse (the biological parent of the child) comes to an end or changes, your responsibility for the care and welfare of the child you have adopted does not change or end.
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 looks forward to offering his guidance and support to help you grow your family through stepparent adoption. He is familiar with the legal process and can therefore help you approach it efficiently and successfully. Call Kansas Adoption Lawyer Tom McDowell at McDowell Chartered Legal Services today at (316) 633-4322 to properly file for a stepparent adoption.