As a stepparent, legally adopting a child provides you with the same parental rights as a spouse who is a custodial parent. The court’s granting a petition for stepparent adoption in Columbus, OH, formally allows you to assume legal responsibility for a minor and terminates the rights of the other biological parent. Consent by the non-custodial parent is vital to the stepparent adoption procedure. Keep reading to learn more.
What Is the Procedure for an Uncontested Stepparent Adoption?
An uncontested stepparent adoption begins with a child’s custodial parent and their spouse, the petitioner, submitting an adoption petition and documentation to the Franklin County Probate Court. The petition provides information about the custodial parent, the petitioner seeking adoption, and the child.
A petitioner and the child’s custodial parent must typically be married for one year before filing a petition. Documentation of and consent from the biological parent relinquishing their rights is also necessary for an uncontested stepparent adoption.
In some instances, a biological parent’s lack of communication with and support of a child for at least a year modifies consent requirements. Consent to adopt is also unnecessary when an individual who is assumed to be a child’s father does not register as the putative father within 15 days of birth, or they fail to care for and support the child’s mother during pregnancy.
Participate in a Home Study and Background Checks
The court strives to ensure a child’s safety before granting a stepparent adoption. A home study will determine if the adoption is in the child’s best interests through an environmental assessment. The petitioner will also undergo background checks to determine criminal history, potential child abuse, and financial stability.
Because the petitioner is likely already living with the child, navigating these procedures may be simpler. Updated adoption laws now require that a child only live with a petitioner for six months before filing an adoption petition.
Attend an Adoption Finalization Hearing
A judge will issue a final decree granting a stepparent adoption. Once the adoption is finalized, the court will legally identify the stepparent as the legal parent. The child’s parents may obtain a new, updated birth certificate identifying the stepparent as a legal parent.
What Happens if Stepparent Adoption Is Contested?
Proving that a non-custodial parent is unfit or has neglected their parental responsibilities may be necessary when a stepparent adoption is contested.
The court may terminate the rights of a non-custodial parent who contests a stepparent adoption when evidence exists of abuse, neglect, or financial abandonment.
What Is the Domestic or Same-Sex Marital Partner Adoption Procedure in Ohio?
Domestic partners in Ohio cannot legally adopt each other’s minor child unless the couple marries. Ohio does not allow second-parent adoptions. However, the state does recognize second-parent adoptions when the adoption legally occurs in another state.
Same-sex married couples have the same rights as other couples in Ohio. As long as a couple is married, same-sex stepparent adoption is legal. The procedures for adopting a child and becoming a stepparent are the same.
What Are the Rights of a Non-Custodial Parent After a Stepparent Adoption?
Once a non-custodial parent’s rights terminate in a stepparent adoption in Ohio, they are no longer legally responsible for a child and lose their legal visitation rights. Stepparent adoptions are final decrees, permanently terminating the non-custodial parent’s rights.
The procedure for stepparent adoption can be complex, depending on whether a non-custodial parent consents to the adoption. However, the investment in adoption can create a stable environment for a spouse’s child, allowing a stepparent to take legal responsibility for a child and gain parental rights.
Contact Atkins And Atkins, Attorneys At Law, LLC, for a Consultation With a Columbus Family Law Attorney
For more information, contact our experienced Columbus family law & divorce attorneys at Atkins And Atkins, Attorneys At Law, LLC by calling (614) 485-8248 to schedule a consultation.
We serve all through Franklin County and its surrounding areas in Ohio. Visit our office at:
Atkins and Atkins, Attorneys at Law, LLC – Columbus Office
503 S Front St Suite 203, Columbus, OH 43215
(614) 485-8248
