In Oklahoma, stepparent adoption can’t take place until a couple has been married for a year and the child has lived with the stepparent for a year. Arkansas does not have a law off this kind. Under Arkansas law, you can adopt your stepchild as soon as you are legally married to the biological parent — as long as you meet the other criteria.
Do you have to be married?
Under Arkansas law, you must be married to a biological parent of the child to undertake stepparent adoption. True love is not enough. While single people can adopt children, that adoption ends the parental rights of the biological parents. So if we imagine that Kylie has a child and lives with Jake, Jake might want to be her child’s dad, but Kylie would have to give up her parental rights before Jake could adopt the child.
Once Jake and Kylie are married, Jake can adopt Kylie’s child as a stepparent without threatening Kylie’s parental rights at all.
How long do you have to be married?
There is no specific time limit on this. However, Arkansas law says that it must be a “stable marriage.” What’s the legal definition of a stable marriage? It’s not clear. Arkansas adoption law has several of these emotional sounding rules. For example, establishing residency in Arkansas so you can adopt a child in the state requires showing an intent to stay in Arkansas. Your stable marriage would have to show an intent to stay married.
A home study may or may not be required for a stepparent adoption. If you ned one, consider it an opportunity to show the stability of your marriage.
Must the other birth parent consent?
In our example, Kylie is delighted that Jake will adopt her child — but what if Kylie’s former husband doesn’t agree? If the other birth parent is still in the child’s life, their consent will be required to make the child available for adoption. If the other birth parent has abandoned or abused the child, they may be subject to involuntary termination of parental rights. If not, you must try to gain their consent before you adopt your stepchild.
Otherwise, you could end up with a contested adoption. This can be complicated and it can be a lengthy process, but sometimes it is in the best interests of the child and the best thing for your family.
Heimer Law specializes in adoptions and we can help you adopt your stepchild, whatever the details of your situation. Contact us for a free consultation.
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