How Can I Adopt My Stepchild In North Carolina?

How Can I Adopt My Stepchild In North Carolina?

Stepfamilies are common today, and about 1300 stepfamilies are formed every day in the United States. Approximately 40% of families in the U.S. are blended. A blended family is one that includes at least one child from a previous relationship or marriage. Most often, children reside primarily with one parent following divorce. When that parent decides to remarry, the new partner becomes a stepparent to the children. A stepparent may wish to adopt their stepchildren and become a legal parent to the child.

What are the Benefits of Adopting a Stepchild?

There are a number of benefits associated with adopting a stepchild. First and foremost, children may feel more included in the family when they are adopted by their stepparent. This is particularly important in blended families where there are half-siblings. An adopted child may take the last name of their parent, so all the children and parents have the same surname. An adoptive parent will be able to provide health insurance and make medical and other decisions on behalf of the child. An adoptive parent has all the rights of a natural parent.

Requirements for Adopting a Stepchild

In order to adopt a stepchild, you must meet specific criteria.

Must be married to the child’s parent for at least six months
Must reside with your spouse and stepchild
Must have lived in North Carolina for at least six months prior to filing
A child age 12 or older must consent to the adoption
Consent from the other biological parent

In addition, a home study is typically part of the adoption process. However, if you and your spouse have been married for more than two years, a home study may be waived.

Parental Consent

When a stepparent wishes to adopt a stepchild, they may generally do so only if the biological parent gives consent. A child cannot have more than two legal parents. If the other parent does not voluntarily consent, you will need to prove that the adoption is in the best interest of the child. In some cases, the court will involuntarily terminate parental rights. Note that if the biological parent is paying child support, it will end if they terminate their parental rights. The exception is back child support, which they must still continue to pay.

Adoption Process

The process to adopt a stepchild is much like the process to adopt a foster child or any other child. The first step in the process is for the stepparent to file a petition with the court. To proceed, you will need to secure consent from the biological parent and from the child if he or she is 12 or older. You must provide proof of your marriage to the child’s parent. The court will order home visits and submit a report to the court. If the other parent has not voluntarily consented, you must go through a process including providing notice. The court will review the entire case and make a determination. In some instances, the adoption process can take up to a year to complete.

The adoption process can be complex, so it is helpful to speak to a qualified attorney to assist you. Call us at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation.

The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.

Source:

https://www.nccourts.gov/help-topics/family-and-children/adoption

https://www.law.cornell.edu/wex/stepchild#:~:text=A%20stepchild%20is%20a%20child,Immigration:

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