What to know about step-parent adoption
Step-parent adoption is a great opportunity for both the new parent and the child. It can strengthen family bonds and bring a family together. This also enables the new parent to make medical and other decisions on the child’s behalf, the kid can receive health insurance benefits that they would not have otherwise, and the inheritance process can run smoother. But it can be difficult and stressful for the hopeful new parent.
Step-parents adoption has a different set of law and procedure to follow as opposed to a regular adoption. There are also some things that need to be done before the adoption. Some of these include:
- The adopting parent must be married to the custodial parents
- The adopting parent must be 10 years or older than the child in question
- The adopting parent has lived with the child and custodial parent for more than a year (this can be waived by a judge)
- Cannot have a felony that would disqualify them from adopting (example: child abuse)
- The child’s non-custodial parent must consent
- The adoptee if they are 12 years or older
- Must attend any and all hearings
The main problem that the adopting parent will encounter is the non-custodial parent not giving their consent for the adoption. This complicates the adoption, and it will take a lot more time. The process will be something like this. The person will be served a Notice of Petition to Adopt and Notice of Rights. They will have 30 day to file a motion to intervene. If no motion is filed the adoption can proceed to the hearing after requirements for default judgment have been met. If said motion has been filed and denied they have the right for an appeal. If motion to intervene is granted the person has the right to put forth evidence on why the adoption is not in the best interest of the adoptee. If this person is the adoptee’s parent they can present evidence on why their parental rights should not be terminated.
Find the right Divorce Attorney Provo for you and your family, it is always a good idea to hire an attorney for these situations as you do not know what will happen.