Do I need the other parents’ consent to do a stepparent adoption?
Hey there, if you’re reading this, you’re probably in the middle of figuring out this whole stepparent adoption thing and let me just say—I get it. It’s exciting, a little scary, and full of those “what if” questions that keep you up at night. I’ve chatted with so many folks in your shoes, and the big one that always comes up is: Do I really need the other biological parent’s okay to make this happen? The answer is no, you don’t need the other parents’ consent. But it’s not that simple of an answer. Let’s break it down like we’re grabbing coffee and talking it through, no legal jargon overload.
Fact: Most adoptions we help families complete are done without the parents’ consent
First off, in most cases, the other parent’s consent is usually not required for you to successfully complete your stepparent adoption. Most of the adoptions we do are completed without the other parents’ consent. Why…well, usually it’s because they haven’t seen the other parent in years and have no idea where that parent is living.
What the court wants to do is whatever they believe is in the child’s best interest. If the stepparent has been acting like the child’s parent, and the other parent has been absent, then the court wants to complete this adoption. The laws are on your side.
Every State has laws which allow you to complete the adoption without the other parents’ consent, when he or she has abandoned the child. We’re talking about something called Termination of Parental Rights (or TPR for short). That’s basically the legal way of saying the court steps in and ends their parental role, opening the door for you to adopt.
When might TPR come into play? Well, if the other parent has abandoned the child—like no contact or support for a long time (often 6 months to a year, depending on your State of residence)—that’s a common ground. Or if there’s been abuse, neglect, substance issues, or they’re incarcerated and can’t be involved. I’ve heard stories from families where the bio parent just ghosted everyone, and the court agreed it was best to move forward without them. It’s not about punishing anyone; it’s about what’s best for the child and creating that stable family unit you all deserve.
What If I can’t locate the other parent?
Now, what if you can’t even find the other parent? Life happens—people move, lose touch, whatever. In those situations, you don’t just give up. You do what’s called a “diligent search” and if you can’t find the other parent, the court will let you serve the parent by publication. That’s fancy talk for putting a legal ad in a newspaper where they might see it, giving them a chance to respond. If they don’t, the adoption can proceed.
Is this something I can do myself?
Here’s more great news: You can do this without an attorney’s help. We have an amazing program and we make this whole process simple to complete. Tons of families navigate it every day, and the end result? That official stamp making your family whole—it’s worth it. At StepparentAdoptionForms.com, we’ve helped over 25,000 families just like yours with packets that are court-ready and super straightforward. Our forms include everything for TPR petitions, consent waivers, and even those publication notices, all tailored to your state. Judges love ’em because they’re accurate and save everyone time (and hey, they’ve saved families thousands compared to hiring a lawyer).
If this hits home and you’re ready to take the next step, head over to our site and start the process—it’s like having a roadmap that makes the process feel less like a maze and more like a straight path. Got questions? Give us a call or chat with us online; we’re here to help.
Start your Stepparent Adoption
Join thousands of families who have successfully completed their stepparent adoption.
