A step parent adoption may protect your child.  If you die, you want may want to keep your child with your spouse instead of your child’s natural parent.

A step parent adoption normally requires the consent of the natural parent.  Sometimes a parent will consent to avoid paying child support.  In other cases, consent might not be required if the natural parent hasn’t paid court ordered child support or hasn’t seen your child in two years. Also, a parent’s rights may be terminated without consent in these circumstances:

• The father abandoned or neglected the child after having knowledge of the child’s birth;
• the father is unfit as a parent or incapable of giving consent;
• the father has made no reasonable efforts to support or communicate with the child after having knowledge of the child’s birth;
• the father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior to the child’s birth;
• the father abandoned the mother after having knowledge of the pregnancy;
• the birth of the child was the result of rape of the mother; or
• the father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition.

Although these statutes refer to the “father,” the same rules would apply if your children are being adopted by their step mother.  Your laws may differ in your state, and their application depends on your unique circumstances.  If you have any questions about step parent adoptions, please contact me using the resource box to the right.