Frequently Asked Questions

My new husband wants to adopt my children by a former marriage. Will it be easy for him to adopt?
Yes, it should be if your childrens’ father consents.

Can an adoption take place if the other parent does NOT consent?
Yes, but generally this is only possible if the other parent is declared unfit.
The statutory grounds for this vary by state, but typically some of the reasons are: (1) abandonment, (2) lack of a reasonable degree of interest, concern or responsibility for the welfare of the child, (3) desertion of the child for more than a designated period of time preceding the commencement of adoption proceedings, or (4) substantial neglect, physical abuse, or failure to protect the child from injurious conditions.

Does it matter if the birth mother and birth father were never married to each other?
Generally the answer is no, but some states provide for this exception: In order to preserve his rights, the father of a non-marital child can, not later than a stipulated period of time after the birth of the child, register with the Putative Father Registry or similar agency. If he doesn’t do so, he may relinquish his right to object to the adoption.

What is the most common reason for stepparent adoption?
The biggest reasons are: (1) a parent is obligated to provide support but fails to do so, (2) a parent is granted visitation but seldom or never visits. The latter situation is part of grounds for abandonment.

If a parent consents to an adoption can he or she be granted visitation rights?
No. Such rights would have to be negotiated outside the adoption process. When an adoption becomes official, all parental rights of the parent who consents to the adoption —including visitation—are terminated completely.

Is a home study required for a stepparent adoption?
Judges generally have discretion to require a home study, but it rarely required stepparent adoption cases.

How long does it take for a stepparent adoption?
The range is typically from 30 to 60 days after the adoption process is initiated (by filing papers with the court). The amount of time is dependent upon finding the birth father or mother and securing his or her consent.

Can a stepparent adoption occur if the father’s identity or locations are unknown?
Yes. In such a case, notice can be served against the father via publication in a newspaper in the county where the adoption is to be processed. A copy of this notice is mailed to the father at his last known address. Similar notices can be published to an "unknown father."