Stepparent Adoption: A Path to Creating Family Bonds
Being a stepparent plays a crucial role in a child’s life. For many families, stepparent adoption becomes the best decision to solidify that bond. In this process, the stepparent adopts their spouse’s child, creating a permanent legal relationship. Even if the couple divorces later, the stepparent remains a legal parent to the adopted child.
How Does Stepparent Adoption Work?
In a stepparent adoption, the stepparent and their spouse jointly file a Petition for Adoption. Michigan law requires terminating the noncustodial biological parent’s rights before proceeding with the adoption. This can happen voluntarily or involuntarily, depending on the circumstances.
Voluntary Termination of Parental Rights
When the noncustodial biological parent agrees to the adoption, they must voluntarily relinquish their parental rights. The parent appears in court to provide consent, ensuring compliance with Michigan law. Once the judge confirms that the consent was given voluntarily, the court issues an order placing the child with the stepparent and the custodial biological parent until the final adoption order is complete.
Involuntary Termination of Parental Rights
If the noncustodial biological parent refuses to cooperate or fails to respond, the adoption process becomes more challenging. In these cases, the stepparent files a petition to involuntarily terminate the noncustodial parent’s rights.
The law requires properly serving the noncustodial biological parent with notice of the petition. The parent then has time to respond. If they fail to respond, the adoption process moves forward. If the parent contests the petition, a judge will hold a hearing to decide the matter.
Courts only allow involuntary termination of parental rights in limited circumstances. To succeed, the stepparent must prove:
- The noncustodial biological parent has not paid child support, despite having the ability to do so.
- The noncustodial biological parent has not communicated substantially or regularly with the child for at least two years.
The stepparent must provide clear and convincing evidence to meet this high legal standard.
Let Our Attorneys Guide You
Stepparent adoption, whether simple or complex, involves navigating critical legal steps to protect your family’s future. Our experienced attorneys offer guidance and advocacy every step of the way to ensure the best outcome for your family. Contact us today to take the next step toward securing your family bonds.