Considered one of the most common forms of adoption in the United States, stepchild adoption has similar regulations to a standard adoption in Tennessee. When you share an undeniable bond with your spouse’s child, and you cannot think of life without them in it, the adoption process can help cement that relationship.

The child custody and support attorneys of GSRM Law have spent three decades helping families throughout Tennessee with their adoption needs. Let us guide you through the process as you blend two families into one.

What is Stepchild Adoption?

According to the 2009 U.S. Census, 16 percent of children live in a blended family. There is growing interest in adoption as parents are looking to verify their status legally through stepchild adoption. 

There are numerous stepparents that are already operating with the stepparent recognized as a legal parent, and the parent-child relationship is firmly established. Making the relationship a formal legal relationship makes it so the stepparent can make important decisions about things like healthcare and education.

A family looking into stepparent adoption needs to remember certain aspects that affect the proceeding:

• Children over the age of 14 must give their consent to the adoption.
• The absent biological parent must consent to relinquish his or her parental rights.
• Previous court provisions, such as visitation and child support payment may be terminated as part of the agreement.

Adoption Process and Stepparent Adoption

Stepparent adoption is very similar to traditional adoption. The process may include a parenting class, a home visit, or a requirement to submit medical or financial records to proceed with the adoption. 

The stepparent can then file their application with the court and upon the hearing, the judge will consider the adoption application and any supplemental materials required, including the child’s feelings on the adoption. This is when the child’s statement would be heard, especially when the stepchild is at least 14, as they have to give consent to be adopted by the parent.

Legal Issues That May Arise

For as many as ten days after the hearing, other relatives have the opportunity to contest the adoption. After the ten-day period, the judge will make a ruling and usually, the court finalizes the adoption. But this is not the only specific situation that may arise when becoming the adoptive parent.

Birth Parents and the Legal Process

One of the most common issues that may arise during stepchild adoption occurs when the biological parent does not relinquish their parental rights. While this is the right of the other parent, be prepared as this could be a lengthy process. Convincing the other parent to give up their biological parent’s rights could necessitate the need for an experienced adoption attorney and adoption litigation.

In order for a petition to terminate parental rights to be approved, the court will consider child abandonment, abuse or neglect, incarceration, and mental incompetence. You must be able to prove that it is in the child’s best interest that the birth parent relinquish rights. However, if the parent has made changes that would be in the best interest of the child, the court may choose to not terminate the parental rights.

Step Parent Adoption can be a beautiful thing for a family to experience. It can unite and solidify the parental relationship and give the child the support that they may truly need. Legal assistance can help make this process much easier for everyone, and an experienced Tennessee adoption attorney can help you make this a reality.

Stepchild adoption can unify a family but also be a complicated situation that needs a deft hand to guide you through the process. We can help.