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Stepparents and Adoption: Part Two

© Judi Chapman

Part One on this topic was written on February 26, 1999 and is still posted.

Since this column started over a year ago, most of the mail has been about adoption. Stepparents have many questions about what is involved in proceeding with having a legal relationship with the children they have learned to deeply care for, and whether or not it is the best path to follow. Here are some more web sites to check out to see if there are some answers.

At Stepparent Adoptions there is a good collection of information covering differences in state laws, required consents (many states have allowances for when the noncustodial parent is unwilling to sign an adoption consent), steps for the stepparents to follow, links to sites that give requirements for the different states, how to obtain and submit forms, and the procedure followed after that. They emphasize that it is best to have a lawyer if at all possible, and some states require that an attorney handle the procedure.

Vermont's stepparent adoption laws were changed recently, making them more like the requirements for other adoptions. A look at some highlights of their Adoption Act is at A Summary of Vermont's Adoption Laws. An interesting section is the one about a birth parent not consenting to the adoption, and stepparents in other jurisdictions might want to find out if a similar approach is used in their area.

At ALIS Online there is an article on how Arizona has revised its statutes relating to adoption, which includes eliminating the usual "social study" if certain conditions apply. These changes include the following:

• The stepparent has been married to the child's biological or adoptive parent for at least one year.
• The child has resided with the stepparent for at least one year.
• A criminal records check with the Department of Public Safety reveals no adverse findings.
• A records check with the Division verifies that the stepparent has not been the subject of a report of suspected child abuse, neglect, exploitation, or abandonment.

Similar changes may have been made in other jurisdictions.

At Stepchildren and Inheritance Rights a number of California cases are described where a stepparent attempted to adopt a child and was unable to. Although the legislature recently brought in Probate Code section 6454, which "allows stepchildren who satisfy the section's requirements to inherit" from their stepparents who died without having made a will, the article discusses how different areas in the state have interpreted the wording of the section. Stepparents who want to adopt and are unable to would be wise to ensure that they have properly written wills if they want stepchildren to inherit anything.

The copyright of the article Stepparents and Adoption: Part Two in Step- Parents is owned by Judi Chapman. Permission to republish Stepparents and Adoption: Part Two in print or online must be granted by the author in writing.