Adopting a stepchild is not a common practice in cases of divorce. Usually, what often happens is that one of the spouses takes on a new partner and decides that they want their new partner to have some rights and guardianship to the child.
In situations where the other biological parent is abusive, unresponsive or for any other reason should be removed from their status as a primary parent in the eyes of the law, people have requested a change in status and asked that their new partner be named a parent. This requires the assistance of an attorney, especially if the other parent is against the idea.
Questions About Adopting A Stepchild
In order to have a new parent added to the child’s birth certificate, yes they actually will issue the child a new birth certificate with the new parents name on it, you have to file a petition with the courts and try to get the changes made. The court will notify the other parent so this is not something you can do without them knowing. Before you get started, try to answer these questions for your own situation by working with an attorney.
- Do I have to do the home study? This will be based on the request of the court. When you adopt a child, you have to have a home study done. However, when adopting a stepchild the home study is usually waved.
- How are Arizona laws different? There are several regulations and laws in Arizona that you have to be aware of during this process. One of the key ones is that you have to be married for a year to a biological parent first and also be living in the same residence. While these are similar in other states, you need to know the exact requirements and ensure that you meet them.
- Do I have to have consent from both biological parents? Yes, you cannot make this change without notifying the other parent. If you do not, they will be served notice as the court has to hear from them first.
- Does the child have a say? Yes, if the child is over 12 years old they will have a say in the matter and can talk to the judge if they want.
- Legal requirements? Other legal requirements include that you are a US citizen and resident of the state. You also need to make sure that you have all your information together and submit to a background check.
- Will the child be able to receive full inheritance? Yes, however, that needs to be addressed with your estate attorney. By law, the child has the same rights as your biological children. However, you need to make sure that this is also stated in your will or any other documents involving inheritance of your state.
- Will the child’s last name change? Not automatically, the change comes from the request of the biological parent and the child if they are of age.
- What if the other parent doesn’t want the change? The other biological parent does have a say and a right to ask that the request be denied. This is when the process takes longer and must be settled by a judge.
- Do I have to be married to a parent? Yes, you need to be married for at least a year if you want to adopt the stepchild.
- How many people can have parental rights to a child? In the state of Arizona, only two people may have parental rights to a child. Some states allow for three but currently that is not an option here.
- Is this process like regular adoption? No, this process is far faster and more affordable than regular adoption. Your lawyer can assist you with the majority of the process and guide you through each step.
- Do I need a lawyer? As with all legal matters it is far better to have legal representation than to do it alone, especially if the other biological parent is against the change. If that’s the case, you want to have legal representation ready to handle the matter for you.
- How do I communicate with the other biological parent? This can be tricky and depends on your relationship with them now. If you do not speak much, especially because of violence or other reasons, allow for all communication to be handled through your legal team.
- Is therapy required for the child? Therapy is not required for the child for a change in parents but it is recommended.
- Will this impact their inheritance from the other parent? It is possible that the child will no longer be eligible for inheritance from their former biological parent. This change means that the new parent is taking over all responsibilities and has complete authority as did the previous one. If the former parent wants to keep their child in their inheritance they can, but they must do so in writing.
These situations are never easy and often require a lot of thinking and work with your family. It’s understandable that you need time to reach this decision and it may not even be a decision you can make right now. Focus on what your attorney recommends based on what they’ve learned about you and how your situation will be impacted by this change