It is unfortunate, but sometimes it happens, that a parent is no longer a part of a child's life. Sometimes the parents were married, and one spouse just stops coming to visit. Sometimes the parents were never really a couple, and the father may not even be aware that a child exists. Often, however, one parent or the other has a new significant other who has been acting as a parent and would be more than happy to make it official. And frequently, if the other parent has not been involved in the child's life, he or she may not be opposed to the idea.
In this situation, where essentially no one is objecting to the step-parent adoption, the process is relatively simple and involves mostly filing of documents. There are several ways that the process is made simpler for a step-parent adoption.
The typical adoption is a two-step process: first, the biological parents' rights are terminated, meaning they no longer have any legal claim to the child. Only after this is accomplished do the adopting parties become the parents. However, a step-parent adoption allows this to happen in one step rather than two, disestablishing the prior parent and establishing the adoptive parent at the same hearing. The one step approach can also be used if the parent consents to the adoption and is a resident of the state. Most step-parent adoptions fit both scenarios.
The other way the process is made much simpler for step-parent adoption is in the placement investigations. The typical adoption requires a pre-placement investigation, as well as a background check, and also a post-placement investigation. When seeking a step-parent adoption, however, none of these investigations are necessary, with one important difference: if the parent seeking to adopt has a criminal record (anything greater than a simple misdemeanor) or has a founded child abuse report by DHS, this must be disclosed. The Court will either then require an investigation or must waive the requirement.
As noted above, the process is largely one of paperwork. The attorney will prepare the initial documents, including a petition for step-parent adoption. A guardian ad litem will be retained to ensure the best interests of the child are represented to the Court. Certain documents must be collected by the parties, including a birth certificate. Hopefully, a consent will be obtained from the parent being disestablished. Then a hearing is held that, if all parties agree, is mostly a formality. Still, all interested parties are welcome to present any necessary evidence at that hearing.
After the hearing, assuming the Judge has granted the adoption, the Court will seal the records, and a new birth certificate will be issued, showing the adoptive parent.
And that's about it. It is pretty simple if everyone is in agreement. Of course, if the parent being disestablished will not consent, the process becomes much more difficult.
STEPPARENT ADOPTION is the most common type of adoption in the world today. This process allows a person to legally adopt his or her partner’s child or children. STEPPARENT ADOPTION is usually done in the court of law in the presence of an attorney and by doing so; the noncustodial parent loses their parental rights to the kid. In some cases, the noncustodial parent may have visitation rights but this will only depend on the state and also on the mutual agreement.
ReplyDeleteDoing STEPPARENT ADOPTION is highly advised for those people who are getting married to a divorced individual or widowed couple that had kids from their previous marriage. It is also advisable for those persons getting married a fresh but the partner has one or more children from the former relationship. The entire process aims at solidifying your commitment to the marriage. It also gives the noncustodial parents zero reason to disturb your marriage, unless of course visitation rights are given.
Each state may have differing laws regarding this adoption, so it is always advisable that you check with an attorney in your state.
stepparent adoption is the most common type of adoption in the world today. This process allows a person to legally adopt his or her partner’s child or children. stepparent adoption is usually done in the court of law in the presence of an attorney and by doing so; the noncustodial parent loses their parental rights to the kid. In some cases, the noncustodial parent may have visitation rights but this will only depend on the state and also on the mutual agreement.
ReplyDeleteDoing stepparent adoption is highly advised for those people who are getting married to a divorced individual or widowed couple that had kids from their previous marriage. It is also advisable for those persons getting married a fresh but the partner has one or more children from the former relationship. The entire process aims at solidifying your commitment to the marriage. It also gives the noncustodial parents zero reason to disturb your marriage, unless of course visitation rights are given.
Each state may have differing laws regarding this adoption, so it is always advisable that you check with an attorney in your state.
My husband just efiled a step-parent adoption petition. We are trying to do it without a lawyer. I read through the whole applicable section of the Iowa Code of Law and helped him write the petition. Online it says that the status is that it is "filed". But today I went to check if they needed any hard copies (such as birth certificate) and the clerk said, "No, but does your husband know what he has to do next?" I told her I thought that we just wait for notification (of a court date) and she said, "No, he better figure out what to do next." So, I'm confused. The only possible thing I can think of is getting a guardian ad litem, but the Iowa Code seems to imply that one will be appointed. This should be a really simple case because the biological father's parental rights are already terminated. I know Clerks of Court aren't supposed to give legal advice, but I wonder about just notifying of basic procedures- is that really considered legal advice?? Anyway, I know this post is old, so I don't know if I'll be responded to, but just frustrated, and wondering if anyone could advise me of what the clerk was talking about.
ReplyDeleteOh, forgot to click the "Notify me" button on that last comment. Any chance if anyone responds, you could reply on this one so I get notification? Please and thank you! :)
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ReplyDeleteI am a family history nerd with an older sibling who was adopted by her stepfather (my father), in Iowa in the late 60's or early seventies. Are these cases publicly accessible without the parties consent? I don't want to ask my mother for the access.
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