There are several differences to adopting a stepchild versus adopting a child. Some of the key differences include the regulations to adopt, and the process for adoption that you have to go through in the state of Arizona. When adopting a stepchild, the process is far more direct, however, there are still some regulations.
There will be a background check. The home study may or may not be required depending on different factors. You will also have to have the case reviewed by a judge who will make the final determination of whether the adoption is going to be approved or not. While this may be easier and faster than the process of regular adoption, it still requires legal work and assistance.
Adoption Requirements For Stepchildren
Each state has different regulations regarding these matters. Consent is really one of the biggest factors. If the child is of age, and they, as well as both parents consent, the process will go much faster. However, these requirements also need to be met:
- Be married to one of the child’s parents for at least one year.
- Have consent from the other biological parent to adopt the child.
- You must be a US citizen or permanent resident.
- You must be over the age of 18.
- If the child is over the age of 12, they must also consent.
Before you panic because you have only been married for six months or you don’t have the consent of the other parent, there are circumstances that can change those requirements. For example, if the other parent was abusive and it was documented with the police, that may change the need for consent from the other biological parent.
This Will Terminate Parental Rights For One Biological Parent
Keep this in mind, in Arizona, only two people can have legal parental rights over a child. You are asking the other biological parent to give up all rights of their child including agreeing to a change in birth certificate. That would be a lot for anyone to handle and that’s why these situations can be rough.
Getting Started
The best way to begin the process is by speaking with an attorney. The consultation is free and you will get the information and answers you need to know how to best move forward. They can then offer you their expertise and guidance throughout the process including filing the petition, the court hearings and any other legal matters.
Knowing what to expect and having the peace of mind that every box is checked is a major benefit in any legal matter. If your situation could include a lot of tension between yourself and the other biological parent, you may want to consider hiring an attorney before notifying that person.
Difference From Regular Adoption
There are several differences between the process and legal standpoint of adopting a child versus adopting a stepchild. In this situation, you have to focus on the biological parent more than the process itself. You also will have fewer steps to take, but still may have to do some of the steps that are required in the regular process.
Attorney Recommendations
Adopting a stepchild can be a simple and straight-forward process. It can also be a legal and emotional battle. The steps you need to take when considering this are simple. Both you and your spouse need to be in agreement on this decision. Then you need to speak with an attorney. You need to know the options that are available to you, the regulations you have to consider and whether or not it will require their consent or not. If the child is over the age of 12, it can make a big difference, as can other conditions. Contact an attorney for free and learn what options are available to you.