Blended families, where couples marry after having children in previous relationships, are relatively common. They create a number of unique challenges for family members. For example, stepparents may have deep connections with their stepchildren. They may feel personally responsible for them and might provide for them financially.
However, if anything happens to the parent of that child, a stepparent may have few protections under the law. The same is true if they divorce the parent of their stepchildren. A stepparent adoption helps protect the connection that a stepparent has established with their stepchild. They retain their parental rights even in the event of their spouse dying or a divorce.
What does a stepparent adoption typically involve for families in Tennessee?
Multiple parties must approve the adoption
Stepparent adoption typically begins with a conversation between spouses. The stepparent may propose the adoption to their spouse to see if they approve. Factors including certain types of benefits may influence whether or not a stepparent adoption is actually the best option for the family.
If the parent of the child agrees that a stepparent adoption could be beneficial, then the other parent of the stepchildren must give their approval. If they are still alive and the state has not terminated their rights, they must sign a document giving up their parental rights.
Otherwise, the parent and stepparent proposing the adoption must ask the courts to involuntarily terminate their parental rights. Doing so is usually only an option in cases involving significant misconduct, such as long-term abandonment or a history of abuse. Ideally, a parent who does not spend time with or provide support for their child may recognize that a stepparent adoption is potentially in the child’s best interests.
After getting approval from people within the family, then the next process involves getting approval from the courts. Stepparent adoptions involve a scenario in which the child already lives with the stepparent, so it is sometimes possible to avoid some of the technical requirements for traditional adoption, such as a home study.
If a judge reviews the circumstances and agrees that everything is in the best interests of the child, then they can finalize the stepparent adoption at a hearing in court. The entire process can take many months to complete, but it does offer important protections for the blended family unit.
Discussions about the relationship between stepparent and stepchild are often the starting place for a Tennessee stepparent adoption. Making the parent-child relationship a legal one can offer benefits to the entire family.