The Adoption Process

For Stepparent and Adult Adoptions

Adoption is a life-changing event that can bring immense emotional security and legal clarity. Whether you’re adopting a stepchild or formalizing an existing parent-child bond with an adult adoptee, the process typically involves several important steps and considerations. Below, we’ve outlined key aspects of the adoption process, including how to handle the consent of an absent parent, how to file your adoption petition, and what to expect if you choose to change the adoptee’s name.

1. Key Definitions

Absent Parent: The biological or legal parent who is no longer in the child’s life. For stepparent adoptions, if you are a stepmother, the “absent parent” is the child’s legal mother; if you are a stepfather, the absent parent is the child’s legal father.
Missing Parent: An absent parent whose whereabouts are unknown.

Note for Adult Adoption: In most adult adoptions, the concept of an “absent parent” may not apply. However, if there is still a legal parent-child relationship with another party, some states may require notifying that parent of the adoption proceedings—even though the adoptee is already an adult.

2. Types of Stepparent Adoption Scenarios

If the Absent Parent Consents (or is Deceased)
- Smooth & Quick Process: In these cases, the stepparent adoption usually involves filing an adoption petition, completing any required social service or court evaluations, attending a brief court hearing, and then receiving the final adoption decree.
- Minimal Delays: With parental consent (or if the absent parent is deceased), states often streamline the procedure.
If You Cannot Locate the Absent Parent
- Diligent Search: Before proceeding, you must demonstrate a good-faith effort to find the missing parent. This might involve publishing notices in newspapers, searching online databases, or checking with last known employers or relatives.
- Claim of Abandonment: If the absent parent cannot be found and you believe they have abandoned their obligations, you might need to file documents stating they have willfully failed to meet their parental responsibilities.
- Court & Social Services Approval: Depending on your state’s laws, a social services home study or investigation may be required. A judge might waive this requirement if evidence of abandonment is conclusive.
If the Absent Parent Will Not Consent
- Contested Adoption: A biological parent who remains in contact with and supports the child can generally prevent an adoption if they actively contest it.
- Non-Response vs. Active Contest: If the absent parent refuses to sign consent forms but does not contest the petition in court, there may still be a pathway to adoption. Ultimately, the judge will decide based on the best interests of the child and the specifics of state law.

Important: Each state sets different requirements for proving abandonment, consent, and the best interests of the child. Always check your local rules, or let our team help ensure your documents meet your jurisdiction’s legal standards.

3. Multiple Stepchildren & Separate Petitions

If you are adopting more than one stepchild:

Same Absent Parent: You may file a single petition if all children have the same two legal parents.
Different Absent Parents: If your spouse has multiple children from different biological parents, separate petitions are usually required for each set of children.

4. Which Court Handles Your Adoption?

You’ll typically file in the county court where you and the child (or adult adoptee) reside. The exact name of the court varies by state—some call it the “Family Court,” “Circuit Court,” or “Superior Court.” In many places, filings go through the Clerk of the Court (Civil Division). Ensure you use the correct terminology so your paperwork is directed properly.

5. Name Changes & Amending the Birth Certificate

Changing the Child’s Name

As Part of the Adoption: You can request a name change in the adoption decree to any name that you, your spouse, and the child (if they are old enough to express a preference) agree upon.
Common Choice: Many choose to have the child assume the adoptive parent’s last name to reflect family unity.
Legally Effective: Once the judge signs the adoption decree and it is filed, the name change becomes official.

Amending the Birth Certificate

Reflecting the New Parent: After the adoption, you can request a revised birth certificate listing the stepparent (now the legal parent). The absent parent’s name is removed, and no mention of the adoption will appear.
Sealing the Original: The original birth certificate becomes sealed and typically can only be opened by court order.
Optional but Recommended: While not always required by law, updating the birth certificate can prevent confusion later (for example, when enrolling in school or applying for identification).

6. Kinship Adoption Agreement

In some states, relatives (including birth parents) can agree on a Kinship Adoption Agreement, which allows for continued visitation or contact after the adoption. This agreement might be beneficial if extended family relationships are healthy and everyone agrees that continued contact is in the child’s best interest.

Filing the Agreement: The signed agreement is generally submitted with the adoption petition.
Professional Guidance: Counselors, mediators, or family law attorneys can help draft an agreement that everyone understands and accepts.
Older Children: Some states require children aged 12 or older to consent to any post-adoption contact arrangements.

7. Adult Adoption Process

Adopting an adult can serve various purposes—formalizing a long-established parental bond, ensuring inheritance rights, or creating legal next-of-kin status.

Consent of the Adoptee: Since the adoptee is an adult, they must voluntarily agree to be adopted.
Notification Requirements: In some states, if the adult adoptee still has a legal relationship with another parent, that parent may need to be notified of the adoption. Consent may not be strictly required, but rules vary.
Court Filing & Hearing: You’ll file a petition in the county where either the adopter or the adoptee lives. A hearing may be scheduled to finalize the adoption.
Name Change: The adoptee can choose to keep their current name or take the adoptive parent’s name—this is included in the adoption decree.
Birth Certificate: An amended birth certificate may be issued reflecting the new legal parent-child relationship, though some states handle this differently for adult adoptees.

Good to Know: Adult adoptions often move more quickly than stepparent adoptions involving minors because issues of custody, child support, and the rights of another biological parent often do not apply.

8. Ensuring a Smooth Process

Gather Necessary Information: Have all relevant information—addresses, birth certificates, marriage certificates, and any divorce or custody decrees—on hand.
Follow State Laws & Timelines: Each jurisdiction has unique requirements for notifications, background checks (if any), and hearings.
Professional Document Preparation: Working with an experienced service (like ours) helps you avoid errors or omissions that can delay or derail your adoption. We tailor every form to your specific state and situation.
Attend Any Required Hearings: Courts often hold a brief hearing to finalize the adoption, at which time a judge will review your documents and, if satisfied, issue the decree of adoption.

How We Can Help

We specialize in preparing court-ready adoption documents for both stepparent and adult adoptions. By choosing our service, you’ll benefit from:

Accurate, Customized Forms: We handle the complexities so you don’t have to.
Expert Guidance: Our team stays up-to-date on state-specific laws and ensures your paperwork meets local requirements.
Time & Cost Savings: Our flat-fee services are typically far more affordable than hiring a private attorney, and our efficient process means less time lost waiting on corrections.
Confidence in Court: We offer a court acceptance guarantee. If anything needs to be corrected, we handle it promptly—at no extra cost.

Ready to Begin Your Adoption Journey?

Stepparent or adult adoption can have a profound impact on family unity, emotional well-being, and legal security. Whether you’re solidifying a bond that already exists or creating a new familial chapter, we’re here to make the process straightforward and successful.

Contact us today to learn how our professional document preparation service can guide you every step of the way—so you can focus on what truly matters: the love and future of your family.

Start Your Adoption today