Situations often arise where one parent of a biological child remarries, and the stepparent of a child wishes to adopt that child. There are also other scenarios where a stepparent may want or need to adopt a child, however this is usually the most common. For a stepparent to be able to adopt a child, the rights of the biological parent must first be terminated. Considering you are stepping into and becoming a parent and assuming all legal rights, the biological parent’s rights must have ended in order for you to claim those rights.
One way a biological parent’s rights can be terminated is by giving their consent to the adoption. This terminates all legal and financial rights that parent has, including child support, custody and visitation. A stepparent adoption can be an involved process and it is important that matters are handled correctly given the gravity of the situation. There are also many other important things to remember when it comes to adopting a stepchild. For instance, if something were to happen to the child’s biological parent you are still responsible for the care of the child. The rights of the other biological parent do not reinstate themselves; you are the child’s sole caretaker and parent at that point.
Biological Parental Consent
Oftentimes people want to know how much weight sits in the consent of the biological parent. Meaning, does the biological parent have to consent to the adoption, or what happens if you can’t find him or her to receive their consent?
In Kansas, if the presumed or legitimate father has not fulfilled or has refused to assume the duties of a parent for two consecutive years or more before a petition to file for adoption has been filed, his consent is not required. Also, if after the child’s birth, which the father knew about, has purposefully failed to provide a substantial portion of child support that was ordered by the court, this also constitutes a rebuttable presumption that the father has not properly assumed the duties of a parent.
If a presumed or biological father exists but you do not know where he is or lives, the court may appoint an attorney to represent him. If no person is identified as the father or a possible father, the court may order that the notice of hearing be publicized in a newspaper or anywhere else the court feels is appropriate. This type of notification is common when a father has a right to know of the potential proceedings however is whereabouts are unknown.
Best Interests of the Child
Ultimately, the adoption process is centered on creating an environment that is in the best interests of the child. The court will evaluate the relationship of the parents, the consent that has been given, the wishes of the child if they are old enough and any other factors it sees as relevant. If the biological or presumed parent has not provided consent, they will also evaluate the reasons why and the relationship of the parent with the child and the other parent.
If you are a stepparent wishing to adopt your stepchild and you would like to obtain further information on how to get the process started, we are here to help. Our experienced Kansas Adoption Lawyer has extensive knowledge in this exact area and has assisted many families and children through this process. We are here to give you confidence your matter will be handled correctly and efficiently. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can successfully assist you with your adoption matter.