Stepparents may share their homes and lives with their stepchildren. However, they do not technically have the same legal obligations and rights as a legal or biological parent does. If they divorce their spouse, they may not have the right to request shared custody. If they die, their stepchildren may not have an automatic right of inheritance unless the stepparent modified their estate plan in advance.
Stepparent adoption is one way to protect the relationship between a stepparent and a stepchild while enhancing the legal protections of both parties. A stepparent adoption is a legal process. To legally adopt a stepchild, a stepparent needs permission from multiple parties.
Who must consent to an Arkansas stepparent adoption?
Both surviving parents
Sometimes, a stepparent marries a widow or widower. In such cases, their spouse is the only surviving parent. They need to secure consent from their spouse to pursue the adoption process.
If the other parent is still alive, then their consent is usually necessary as well. Unless the state has already terminated their parental rights, the other parent of a stepchild must voluntarily give up their parental rights to allow a stepparent adoption.
The stepchild
Some stepparent adoptions occur while the child is still quite young. Provided that the child is old enough to communicate and understand their circumstances, it may be beneficial for everyone in the family to discuss the matter.
Ensuring that the child is comfortable with the adoption is important. Once they reach 12 years of age, their consent to the adoption is usually mandatory. Ensuring that the child understands the purpose of stepparent adoption and how it may benefit them can make it easier to convince them that approving the adoption is the right choice.
The courts
A family law judge has to review the paperwork submitted by the stepparent and examine all available evidence to determine if an adoption is in a stepchild’s best interest. While stepparent adoptions are not subject to the same degree of scrutiny as other forms of adoption, given that the child already lives with the stepparent, a judge’s approval is still necessary to legally complete the adoption process.
Stepparents and their spouses may benefit from learning more about the legal requirements of adoption. Consulting with someone familiar with Arkansas’s unique adoption regulations can help parents strengthen their families in specific ways.