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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.
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.
