Adoption Information for Stepparents

According to the Child Welfare Information Gateway, stepparent adoption is the most common form of adoption in the United States. Many families change over time when a child loses a parent or gains a stepparent, and adoption is one way to legally recognize this change to meet the best interests of the child. If you are a stepparent looking to adopt a step child in the state of Texas, there is a streamlined process available to help you have your parental rights recognized under the law.

Relative Adoption

Typically when a stepparent seeks to adopt a child, she or he has been involved in the child’s life for some time and has already been providing some level of parental care. Because the stepparent already has some relation to the child through the child’s mother or father, stepparent adoption is considered a type of relative adoption. The greatest hurdle to this kind of adoption, however, is gaining consent from the child’s other, noncustodial parent. In most cases, both of the child’s biological parents must consent to a stepparent adoption in order for it to be made valid.

Gaining Consent from a Noncustodial Parent

The conditions of a stepparent adoption vary from family to family. If the child’s other biological parent is deceased, a stepparent may be able to adopt a step child relatively easily. If the child’s other legal parent is living, however, the noncustodial parent will have to consent to the stepparent adoption. By doing so, the noncustodial parent gives up his or her parental rights to the child and will no longer be recognized as the child’s parent by law.

If the child’s noncustodial parent is missing or left the family and has not been providing child support, it may be possible to have the noncustodial parent’s rights revoked due to abandonment. Depending on your circumstances, a stepparent adoption can range from being a relatively simple process to being quite complex.

If you or your spouse is considering stepparent adoption, it may be in your best interest to consult with an experienced Austin adoption attorney. He or she can help to clarify the terms of your stepparent adoption and can provide you with sound legal counsel and assistance throughout the adoption process.

Contact Us

To learn more about stepparent adoption in Texas, please contact the Austin adoption lawyers of Slater, Kennon & Pugh Ltd.LLP today at 512-472-2431.