"HOW DO I ADOPT MY STEP-CHILD?"
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 spcial 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 if the biological parent refuses to pay child support for more than 6 months, or refuses to visit the child for more than 6 months.
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.
"I AM INTERESTED IN ADOPTION."
"WHAT DO I DO?"
Persons looking to adopt a child have many options. Adoption agencies may be useful. Many parents have found a child by first becoming foster parents.