Millions of U.S. families are either remarried or re-coupled, leaving a large number of children in the care of a stepparent. In fact, 1,300 new stepfamilies are created each day. Many stepparents seek to adopt their stepchildren to form a lasting legal bond, but they often experience confusion about the process. There are many myths and misconceptions surrounding stepparent adoptions in Kansas and across the country. Stepparent adoption is the most common form of adoption nationwide, yet few have a complete understanding of the process. To further your understanding of stepparent adoptions and separate the fact from the fiction, we have compiled the following list of some popular myths surrounding stepparent adoption.
- Myth #1: An adoption takes years to complete—while some forms of adoption can indeed take years to come to completion, stepparent adoptions generally occur quite quickly. In Kansas, when both biological parents consent to the adoption, it can be finalized in as little as 45 days. There is a 30 day mandatory waiting period from the time of filing the application to finalizing the adoption. During this period, the other parent is given the opportunity to object. When the absent parent does not consent to termination of his or her parental rights, the process can take longer but nonetheless should not take anything like years to complete.
- Myth #2: I can’t adopt my stepchild because his or her absent parent will not consent—this is a common misconception surrounding stepparent adoptions. If your stepchild’s absent parent will not consent to the adoption and termination of his or her parental rights, this will complicate the process but it is far from impossible. The court will have a hearing on the issue and if grounds exist to support termination of parent rights, the adoption can go forward without consent. Possible grounds for termination include: abandonment of the child; emotional illness; felony conviction and imprisonment; mental deficiency; or extended placement of the child outside the home.
- Myth #3: Adjustment to the new family comes quickly and easily—not all stepfamilies will form a harmonious union right away. It is natural and expected for there to be some growing pains, anger, and sadness. New families can take time to fully bond and develop strong relationships that will last a lifetime.
- Myth#4: I cannot adopt my stepchild if he or she does not want me to—the accuracy of this statement will depend upon the age of the child in Kansas. A child over the age of thirteen must provide his or her consent to the adoption. Children between the ages of eleven and twelve are often asked their opinion but need not provide consent. Stepchildren may have a hard time accepting a new parent and often simply take some time to adjust to the idea of adoption. As such, obtaining your child’s consent is an important step regardless of its necessity in court.
- Myth #5: I can handle my stepparent adoption without an attorney—the stepparent adoption process will require completion of many forms and possible court appearances. While some simple adoptions can be successfully completed alone, most stepparents will require the assistance of an adoption attorney to walk them through the process, handle any issues that arise in obtaining consent or the termination of parental rights, and ensure deadlines are met.
McDowell Chartered: Assisting Stepparent Adoptions Throughout Kansas
The compassionate Kansas Adoption Law Attorneys of McDowell Chartered have devoted decades to bringing families together. We have helped countless stepparents successfully adopt their stepchildren, uniting them in a perfect bond. Call us today at (316) 633-4322 to schedule your free consultation.