When a parent who is divorced from or who was never married to their children’s other parent remarries, their new spouse may want to adopt their children. Since a child who is adopted by a stepparent will still be in the care of one of their biological parents, Kansas does not require that a home study be performed before a stepparent adoption may proceed. This provision makes it easier for stepparents to adopt their stepchildren. A stepparent who wishes to adopt their spouse’s children is someone who wishes to take on the legal and financial responsibility for those children. One important consideration that stepparents who are considering adopting their stepchildren must think about is that the responsibility that comes along with being an adoptive stepparent extends beyond the end of the marriage.
While stepparent adoption sounds like a fairly natural and simple thing to do, it is important to remember that adoption of a child requires the consent of both parents. Obtaining the consent of the birth parent who is marrying the potential adoptive parent is not generally an issue, but obtaining the consent of the parent who is not marrying the potential adoptive parent can be much more difficult.
In Kansas, when a parent consents to the adoption of their child by a spouse and that child’s other parent refuses to consent to the adoption, the adoption may not occur. However, if the child’s other parent has failed or refused to assume their parenting duties for the two consecutive years prior to the filing of the step-parent’s adoption petition, that parent’s consent is not required.
Likewise, if a parent who is aware of his child’s birth knowingly fails to pay much of the child support that they were ordered by judicial decree to pay, a rebuttable presumption arises that that parent has failed or refused to assume their parental duties and a stepparent adoption may proceed. In cases where a presumed father exists and his whereabouts are unknown, the court may appoint an attorney to represent his interest. If no father or possible father is identified, the court will order publication of the hearing notice in such a manner as the court deems appropriate.
In deciding whether to grant a stepparent’s petition for adoption, the court may also consider whether the adoption would serve the best interests of the child. Since termination of the parental rights of a non-consenting parent would make a child legally free for adoption by a stepparent, the fitness of a non-consenting parent may be considered by the court in a stepparent adoption case.
Stepparent adoption can be an emotionally trying process, but the reward of adopting your stepchild can make it well worth the wait. As you work to prepare yourself for parenthood, your Kansas Adoption Attorney will be by your side, advocating for your best interest throughout the adoption process. Kansas Adoption Attorney Thomas McDowell has helped many families through the stepparent adoption process, and he would welcome the opportunity to help you. Please call (316) 633-4322 today, to schedule an initial consultation.