Stepparent Adoption

Stepparent adoption is the most common form of adoption.  This type of adoption is possible only when one birth parent retains custody and control of the child.

In cases where a divorce is involved, the non-custodial parent must consent to the adoption.  If the non-custodial parent refuses to consent to the stepparent adoption, it must be proven that the non-custodial parent  has failed to fulfill his/her parental responsibilities towards the child.  After a stepparent adoption, the non-custodial parent who gives up the child for adoption will no longer have any legal responsibility for the child.

Stepparent adoption, like all other forms of adoption in the United States, is governed by state law.  The way to obtain consent is different in each State.  In California, a stepparent desiring to adopt his/her spouse’s child must file a petition in the county in which the petitioner resides.  California also permits a domestic partner of a same sex couple to file a petition for a stepparent adoption.  Further, in California a birth parent who is a minor has the right to sign a consent for the adoption of his/her child and the consent is not subject to revocation by reason of the minority.