Over 50% of U.S. families today are remarried or re-coupled. As such, it is no surprise that a large number of children in the U.S. and in Kansas live with stepparents. Each day, approximately 1,300 new stepfamilies are created. In fact, some researchers believe there are actually more stepfamilies than original families in existence today.
Following a remarriage, many stepparents desire to adopt their new spouse’s children as their own. For this reason, stepparent adoptions are the most common form of adoption in the U.S. Stepparent adoptions can be a wonderful way of creating a legal link between a stepparent and a child that would not otherwise exist.
The stepparent adoption process is generally more streamlined than other forms of adoption, but can still be complex. The following is a list of questions frequently asked by stepparents considering adopting their stepchildren. This list will provide you with some basic information, with which you can then seek the assistance of a knowledgeable stepparent adoption attorney in your area.
How does the stepparent adoption process proceed?
The stepparent adoption process begins with the filing of a Petition for Adoption. The requirements for such a petition as set out in K.S.A. 59-2128. While the petition has a basic set of requirements, there are a few steps outlined in the statute that a stepparent will not be required to complete.
Information required in the petition will include: basic information concerning the stepparent and the child, such as name and address, the suitability of the stepparent to assume the relationship, and the names and addresses of other parties who may have a claim to legal custody of the child. The written consent to adoption shall be attached to the application.
Do I need the consent of an absent, uninvolved parent?
You must obtain the consent of your stepchild’s other parent if there is not a basis for terminating his or her parental rights. Obtaining consent from the other parent will greatly simplify and expedite the stepparent adoption process. Sometimes, however, the other parent will refuse to consent or cannot be located. When this occurs, you will need to obtain a termination of their parental rights in order to proceed with the adoption.
There are several grounds for termination of parental rights. Abandonment of the child is one of the most common, established by a showing that the non-custodial parent has not provided support or exercised parental duties in the prior two years. An occasional child support payment will not prevent termination. Other grounds of “unfitness” include: emotional illness or mental deficiency; felony conviction and imprisonment; or extended placement of the child outside the home.
How long does the stepparent adoption process take?
The stepparent adoption process is generally much faster than an agency adoption if the other parent consents to termination of parental rights. The process can frequently be completed in no more than 45 days when consent exists. There is a 30 day mandatory waiting period from the filing of the adoption petition to finalization of the adoption. The other parent must receive notice and be provided with an opportunity to object before the hearing.
Where the other parent does not consent to termination of parental rights, the stepparent adoption process can take longer to complete.
What if my stepchild does not want the adoption to go forward?
Children can have strong opinions as to adoption by a stepparent. If the child is 13 or older, he or she must consent to the adoption. Children aged eleven or twelve are often asked for their opinion on the adoption. Helping your stepchild to become comfortable with the idea of adoption is important because it is a decision with significant implications on his or her life.
McDowell Chartered: Assisting Stepparent Adoptions Throughout Kansas
The compassionate Kansas Adoption 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.