Making It Official

A Guide to Stepparent Adoption

By National Adoption Information Clearinghouse

The most common form of adoption is that of children by stepparents. In these situations, the adopting stepparent assumes financial and legal responsibility for his or her spouse's child or children and releases the noncustodial parent of parental responsibilities, including child support. This fact sheet discusses legal issues in stepparent adoptions and how to proceed.

State laws on stepparent adoptions vary. Most states have a streamlined process for adoptions by stepparents whereby the judge hearing the adoption petition has the ability to dispense with the requirement in state laws for an adoption home study. Some states, however, will not approve a stepparent adoption unless the custodial parent has been married to the stepparent for one year or longer.

When a stepparent wishes to adopt a stepchild, the child's parents (the stepparent's spouse and the noncustodial or absent parent) are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support. If the noncustodial parent objects to the proposed adoption and refuses to consent to it, state laws may prevent the adoption from proceeding.

Some state adoption laws specify special circumstances under which the noncustodial parent's consent is not required. Other states have made special provisions in their adoption laws to allow stepparent adoptions to occur, even over the objections of the noncustodial parent, in cases where the noncustodial parent has failed to maintain communication with the child for a specified period of time.

1. Check out your state adoption laws regarding stepparent adoptions.

Want to see more?

• Check out our Article Library.
• Waiting Children: Foster Care and Adoption Basics
• Adoption Ages and Stages: What to Expect
• The Little Things: Ways to Show a Mother's Love
• Talk about it!