Rochester Minnesota Stepparent Adoption Lawyer

Minnesota Stepparent Adoption Attorney

Sometimes after a marriage to a spouse with prior children, the stepparent may wish to adopt. As part of our practice, we help people complete a stepparent adoption whether immediately after the marriage or after the children and the new spouse have had some time to bond with each other. If you are considering a stepparent adoption, a Rochester Minnesota Adoption lawyer, can help you navigate the issues that often come up in these cases.

In order to be eligible to adopt as a stepparent, the spouse must be over 18 and presently married to a consenting natural or adoptive parent. Usually the stepparent adoption process follows one of these two routes:

• Consent – involving Voluntary Termination of Parental Rights of the biological parents
• Involuntary Termination of Parental Rights

Stepparent Adoption by Consent

The most straightforward and cost-effective way to obtain a stepparent adoption is when the natural parents consent to the adoption. This often occurs when a parent that has not been involved in the child’s life terminates his/her parental rights and with it, his or her child support obligation.

Under the law, both the custodial and non-custodial biological parents sign forms consenting to adoption by the stepparent, voluntarily agree to terminate their parental rights and waive further notice of the proceedings. The petitioning stepparent then submits a Petition of Adoption along with a request to waive any home study to the court. After reviewing all the circumstances, a judge may waive the home study requirement.

Stepparent Adoption by Termination of Parental Rights

There are two ways to terminate parental rights, 

• Voluntarily termination and
• Involuntarily termination

A voluntary termination is agreed upon by both parents, as in the case of a stepparent adoption, whereas an involuntary termination may occur without either parent's consent. Once parental rights are terminated the adoption continues as described above.

Issues to Consider in a Stepparent Adoption

Much like any other adoption, there are specific laws and requirements that must be followed in a stepparent adoption. Additionally, an issue that often comes up is when a custodial birth parent consents to the adoption but the non-custodial parent does not. If these are the circumstances in your case, a stepparent adoption attorney may be able to assist and enable the adoption to occur even without the non-custodial parent's consent. Because each case is unique, an attorney should analyze your situation and advise you on the best course of action.

Request a Free Consultation

An adoption can become overwhelming when you consider the emotional and financial burdens that it carries. If you are in the process of adopting or have additional questions about Stepparent Adoption in Minnesota, please contact the Dilaveri Law Firm today. We always offer free initial consultations to our clients. Call 507.206.6020 or complete our free case evaluation form.