If certain conditions are met, a step-parent can adopt a step-child. The rights to the biological parent must first be terminated. This can be done voluntarily or by court order.
Typically, one spouse desires to adopt his or her spouse's child from a previous marriage or relationship. The biological parent may voluntarily give up his or her parental rights. A lawyer is needed for this process. If the biological parent will not voluntarily give up his or her parental rights, then a special lawsuit called "Termination of Parental Rights" must be brought.
Parental rights are terminated ONLY at the discretion of a Family Court judge. The judge has the discretion to terminate parental rights under a variety of circumstances. The two most common grounds for termination are:
After parental rights are terminated, an adoption hearing is needed to finalize the adoption. The child's name is usually changed to the same last name as both parents, and a new birth certificate is issued.
Our office can help you with adopting your step-child. You may call me 24/7.