The majority of adoption matters that involve a stepparent, as opposed to an agency or individual private party, are much simpler and less complicated in comparison. Stepparent adoptions usually encompass a parent who remarries and both the biological parent and the stepparent wish for the stepparent to adopt the child as their own. A stepparent who wishes to adopt their stepchild and already has a healthy and established relationship with them usually makes for a smooth and easy adoptive transition. It is also hugely beneficial if the other biological parent consents to the adoption. If the other parent does not consent to the adoption or if the other biological parent cannot be located, the court may still establish a stepparent adoption, it just may be more complex and extend the adoption timeline.
Stepparent Adoption With Consent
Because a biological parent’s parental rights must first be terminated before a stepparent can adopt their child, the court requires their consent. Adopting a child as a stepparent is a process and commitment that should be taken very seriously, and therefore the court ensures that all are parties are adequately invested and are in agreement. In either case, with or without the parent’s consent, a hearing is conducted to assess the suitability of the stepparent who wishes to adopt the child. If a biological parent consents to the adoption this does not constitute a finalized or legal adoption. The court must approve the adoption and grant an adoption decree in order for the adoption to be complete.
Stepparent Adoption Without Consent
If the other biological parent is not found or does not consent to the stepparent adoption, a court may still grant an adoption decree. The court will assess all of the factors regarding the child’s needs, and essentially analyze what would be in the child’s best interest. For instance, if the other parent has not been apart of the child’s life for quite some time, does not have a relationship with the child, or has not provided financial support for the child, the court may use its discretion to find the stepparent adoption in the child’s best interest. If the other parent is deceased, their rights are automatically terminated. As it is applicable, Kansas does not abide by or have established Putative Father Registry laws.
Once the biological parent’s rights are terminated and the stepparent adoption is finalized, the parental obligations of the biological parent cease to exist, including any child support obligations. However if the child’s other biological parent died, their parental rights may automatically terminate but their right to inherit from their parent’s estate does not.
Call an Experienced Kansas Adoption Attorney to Get Your Stepparent Adoption Questions Answered Today
Because adoption laws vary from state to state, it is important to contact a Kansas Adoption Attorney who is experienced and knowledgeable in the area of stepparent adoption according to Kansas law. Tom McDowell has assisted many families in building their family and prides himself in protecting the best interest of the child. Call Kansas Adoption Lawyer Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you get started with your stepparent adoption.