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Common Stepparent Adoption Issues in Kansas

Common Stepparent Adoption Issues in Kansas
November 5, 2013 James Greenier

In many states, stepparent adoption is much easier to achieve than other forms of adoption. As it turns out, several stages in the transaction may be waived or simplified. For example, the home study, waiting period, and adoption hearing are sometimes exempt in a stepparent adoption. Generally, the most problematic aspect is obtaining consent for the adoption from the other birth parent. The following are several common issues stepparents may come across throughout the adoption process:

Getting Consent.  In every stepparent adoption, the child’s other legal or birth parent must give consent for the adoption to take place. If the other birth parent does not give consent, the adoption will not be permitted unless that parent’s rights are cease to exist for some other reason, for example, unfitness, abandonment, or failure to support the child, to name a few.  It may not be easy to acquire consent from the other birth parent, because allowing the adoption means relinquishing all parental rights, including visitation rights, or making medical or education-based decisions on behalf of the child. On the other hand, some birth parents are very willing to consent to stepparent adoption. This usually occurs for one of two reasons, either they support the notion it’s in the child’s best interest, or it’s because they will no longer be obligated to pay child support once their parental rights are absolved.

Emotional Issues.  When the non-custodial biological parent is still in contact with the child and alive, stepparent adoption can be complicated and difficult to navigate. The emotional impact of the adoption should be considered, regardless if there is no legal reason as to why the adoption cannot occur. More than anything, the effect on the child should be the principal issue. If adoption brings security to your new family and helps your child feel more protected and stable, it may likely be the correct choice. Nevertheless, even if your child gets along with a stepparent, conflicting loyalties may exist for the child between a birth parent and stepparent. This situation may turn out to be more complicated and difficult to handle than expected. 

Terminating Parental Rights.  There are a few ways to move forward with a stepparent adoption if the other birth parent declines to consent, or is not available and cannot be found. The following are arguments most frequently proffered:

  • Abandonment of the child.  If you are able to show the absent parent has not communicated with the child or exerted any parental rights, it is possible to proceed without a biological parent’s consent. If a parent has deliberately forsaken to support the child, or has deserted or abandoned the child for an extended duration of time, most state adoption laws allow for discontinuance of their parental rights. Abandonment generally refers to circumstances where an absent parent hasn’t corresponded with the child or provided for the child financially.
  • Not the presumed father of the child.  Another way to terminate parental rights, in the case where the absent parent is a male, is to prove he is not legally the presumed father of the child.  Kansas adoption statutes, like most other states, have guidelines to establish who the presumed father of a child is in various situations. For example, all states adhere to the policy that if a man is married to a woman at the time she gives birth, he is legally presumed to be the child’s father. In many states, one other way to establish presumed fatherhood is to marry the mother after the birth of the child, as well as being named the father on the child’s birth certificate.

Most often, in terms of achieving success with this issue, instead of trying to show the father has abandoned the child, the court requires you to simply prove he does not meet the legal definition of presumed father. The court may refuse to uphold a father’s legal rights, and allow you to proceed without his consent if you can show that the father doesn’t meet any of the requirements in your state for presumed fatherhood.

If you are looking to adopt and have questions at all about the process, contact McDowell Chartered today at 316-269-0746. Our staff of experienced adoption attorneys are ready and available to assist you!