ADOPTION & ART ATTORNEYS IN MARYLAND, DISTRICT OF COLUMBIA & VIRGINIA
It is a natural inclination of many children to desire to be adopted by their stepparent. We are frequently asked if an adoptee can “surprise” their stepparent with an adoption as a gift. This is a heartfelt request and very meaningful for all involved. Unfortunately, the legal process doesn’t fully accommodate this option. The Petitioner in a stepparent adoption is the parent, not the adoptee, which is why filing papers to surprise the parent cannot happen.
HOW THE PROCESS WORKS
A stepparent adoption is an independent, or private, adoption that begins when the parties already know one another. It is important to note, you will need an experienced adoption attorney to facilitate the legalities and make sure that all the required steps are taken to comply with the adoption laws of your state.
TYPES OF STEPPARENT ADOPTIONS
Depending on your age and your stepparent's marital status, there are three different possible processes to facilitate a stepparent adoption:
Adult Adoption: If you are 18 years or older when your stepparent chooses to adopt you, this is the type of adoption proceeding that must be filed.
Second Parent Adoption: If your parent is in a relationship with, but not married to, your biological/legal parent, or if your parent and your biological/legal parent are a same-sex couple, second parent adoption paperwork must be filed.
Step-parent Adoption: If your stepparent is married to your biological/legal parent, this is what is known as a stepparent adoption.
THE ADOPTION PROCESS IN THE DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA
While there are variances in the specific adoption laws in each jurisdiction, the general process is the same. Your stepparent is required to do the following:
1. Get consent from the noncustodial, biological parent, or if unable to do so, request that his or her parental rights are terminated (note that this process may be different if you are an adult adoptee).
2. File an adoption petition with the court, which can include a request for a name change.
3. Address the rights of any parent whose rights need to be addressed.
4. Official parental rights will be granted by a judge at a finalization hearing.
5. File for a new birth certificate that has the new adoptive parent's name on it.
BENEFITS OF BEING ADOPTED BY YOUR STEPPARENT
While having your stepparent formally adopt you is an endearing sentimental journey for you to cherish, there are also several practical aspects to it as well:
- In the event of an emergency, you may access one another's medical records and make important decisions for one another.
- You can be included in their will as a legal child.
- You can benefit from their social security benefits.
AN EMOTIONAL REPRESENTATION OF YOUR LOVE
While you cannot legally surprise your stepparent with the actual adoption paperwork, you can certainly make approaching the subject a special occasion. Pick out a beautiful card, serve a professionally decorated cake, take your stepparent out to dinner - the creative options for presenting this wonderful gift are endless. Whatever you decide, it can still be the best surprise of your stepparent's life.
“We believe in working with each of our clients—in support of their family dynamic—to make the dreams of parenthood a reality. Whether you are single or married; or gay; a step-parent, a surrogate or intended parent or a child of adoption, it is our mission to serve as your advocate. With a dedication to the ethical and sensitive nature of each situation, we will help you understand the laws within Maryland , Virginia and Washington, DC for adoption or surrogacy, and pledge to be your partner throughout the journey.”
- Modern Family Formation Law Offices
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