When Can a Stepparent Adopt a Stepchild in California?
Posted on Oct 7, 2019 8:25am PDT
When someone marries a man or woman who has a child from a previous relationship,
he or she will become the child’s stepparent, but that is not the
same as legally adopting a child. For example, if a man were to marry
a woman with an infant, even if he raises the child since she was a baby,
the girl would not inherit from the stepfather if he died without a will.
But if the man had legally adopted the girl, she would inherit from him
if he died without a will under California’s intestate succession
laws, which take effect when someone dies without a will.
It’s the same with Social Security benefits. Once a child is legally
adopted by a stepparent, the child automatically earns the right to the
stepparent’s Social Security benefits. But in the absence of legal
adoption, the child does not enjoy the same rights and benefits as an
adopted stepchild. So, Social Security and inheritance rights are two
valid reasons for stepparents to legally adopt their stepchildren.
What About the Birth Parent?
Generally, for a stepparent to adopt a stepchild, they need to get the
other birth parent to consent to the
adoption. If he or she has an objection to the adoption, the stepparent may still
be able to adopt the child if the birth parent abandoned their child for
more than a year and they have not paid child support or they have not
spoken to or seen their child.
To proceed with a stepparent adoption, you will need to serve the child’s
other birth parent with what is called an
Adoption Request. The other parent will have to appear in court on the scheduled date and
time. This will be the birth parent’s opportunity to object to the
adoption if that’s what they want to do. After hearing the other
parent’s objection, the judge may decide to go ahead and allow the
adoption, that is if it is in the child’s best interests.
If your stepchild is 12 or older, he or she has to want to be adopted by
you before the judge will agree to the adoption and make it final. If
the child is under 12, he or she will not have to agree. At the adoption
hearing, you must bring all the appropriate forms and they have to be
filled out. The child will have to attend the hearing as well, regardless
of their age.
To learn more about stepparent adoptions in California, we invite you to
contact Arnold Law Group, APC today.