Stepparent adoptions are relatively common legal matters. When people start blended families, they quickly become connected to the children of their spouses. They may want to offer their stepchildren the stability and benefits that come from a legal relationship ranging from benefits eligibility to inheritance rights.
Unfortunately, stepparent adoptions can be difficult to complete. Typically, they require the consent of the other parent, not just the spouse of the stepparent. Sometimes, parents who have minimal interaction with their children and who fail to consistently provide financial support still refuse to terminate their parental rights voluntarily and cooperate with a stepparent adoption. In some cases, stepparents and their spouses can potentially proceed with the legal adoption process without the support of the other parent, if doing so is what is best for the stepchild.
The state can terminate a parent’s rights
Judges in the family court system have to adhere to specific legal standards. One of the most important is that they always act in the best interests of any children when addressing contentious family law cases. Upholding the best interests of a child requires that the judge consider factors including their physical and mental health.
In cases where they no longer have a relationship with one of their parents but they do have a deep bond with a stepparent, the courts may recognize that a stepparent adoption may be better for the child than a continued legal connection to an uninvolved parent. Particularly in cases involving parents who have committed acts of domestic violence or who have documented issues with substance abuse, it may be possible to terminate a parent’s rights without their written consent.
A family law judge can potentially allow a stepparent adoption to proceed without the consent of the other parent. Such cases may involve a lot of conflict and take longer to resolve than amicable stepparent adoptions. However, children dealing with abusive or uninvolved parents may need the love and support of a stepparent enough to make that process worthwhile.
Stepparents may need help preparing for the legal process ahead if a parent does not want to give up their parental rights. Completing a stepparent adoption in a contested scenario requires careful planning but can ultimately help uphold the best interests of a stepchild. Children deserve loving and supportive parents, not an absentee or abusive parent who doesn’t fulfill their responsibilities.