Step parent adoption has significant benefits. Legally, emotionally, and practically, it can be the best possible decision for your child and your family. But it may not be the best option for every family. Here are some things to think about before you take the plunge.
Is the other biological parent still in the picture?
In Arkansas, you cannot adopt your spouses’s biological children without the consent of the other biological parent. This is true even if the two biological parents were never married. If your child’s other parent is not willing to give consent for you to adopt, consider whether you are willing to go to court to ensure involuntary termination of parental rights — and whether you’d have a good case.
Once you adopt your stepchild, the other biological parent no longer has any parental rights. They may still have a relationship with the child, but termintion of parental rights is a permanent, legal step. This could be something to discuss with an older child.
Is your marriage stable?
That may seem like a personal question, but as an adoptive parent, you will have responsibilities that a stepparent will not have. If you and your spouse divorce, the other biological parent will not be the responsible party for child support or shared custody; you will.
Make sure that you are fully committed to your child, come what may.
How’s your relationship with your child?
If your children are old enough, it makes sense to have a talk about how they feel when they think about adoption. Often, asking your stepchildren if you can adopt them is a wonderful, magical moment as they enthusiastically accept this loving offer.
On the other hand, if there is any tension between you and your child, this is the moment when it may come out. Or the child may have closer ties to the other biological parent than you realized. Even when the other biological parent is deceased, a child may feel that stepparent adoption would be disloyal.
These feelings may change in the future, but it’s best to be aware of the possibilities now.
Step parent adoption is a great choice for many families, and Heimer Law can see you through the process with the minimum of disruption.
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