There are many important reasons for undertaking a stepparent adoption.

If your spouse had a biological or adopted child before you were married, whether you were in a relationship at the time or not, you can still protect your parental rights to that child through a step-parent adoption (if you’re married) or a second parent adoption (if you’re unmarried). Since there are legal requirements to fulfill, including obtaining the consent of the other legal parent (if applicable) and requirements regarding the length of time you have been married and/or living with the child, you’ll need to work with a lawyer to make sure you complete all the necessary legal requirements.

While stepparents often fulfill many, if not all, parental duties and love their stepchildren as if they were their own they do not have a secure legal relationship with their stepchildren. What this means is that as a stepparent your right to have a future and ongoing relationship with your minor stepchild is entirely dependent on the child’s legal parent(s) consenting to that relationship. Even worse, if the child’s legal parent dies, there is no guarantee that the child would continue to live with you. More distant relatives of the child’s legal parents may have a greater claim to custody than you. Also, unless you make specific provisions in your will, your stepchild will not be entitled to inherit from you. In short, 

Once you adopt your stepchild you will have a legally protected parental relationship with that child. This will provide the child with permanency and security in the event the child’s other legal parent dies or becomes incapacitated. Other benefits for the child include his or her right to inherit from you (even if you die without a will) and the child’s right to receive your social security survivor benefits in the event of your death. Perhaps equally important, becoming the legal parent of your stepchild will cement the bond between the two of you, and the child will have the emotional security of knowing your relationship with him or her is permanent.

PLEASE NOTE; Even in cases of stepparent adoptions, the child’s original birth certificate (OBC) is sealed by law and the state issues a new amended birth certificate ( ABC) replacing the biological parent’s name with the stepparent’s name.

When the legal parent of a child marries or re-marries that parent’s spouse may adopt his or her child through a stepparent adoption in New York. Generally, a stepparent adoption is straightforward, particularly if the other parent has given his or her consent or has abandoned the child.  One of two requirements must be met for the court to approve a step-parent adoption:

  • The consent of the other biological or legal parent (the parent relinquishing their parental rights) must be provided, or
  • The court must find that the consent of the other biological or legal parent is not required because that person does not have a legally recognized relationship with the child.

When you complete a stepparent adoption in New York , the rights of the child’s other biological/legal parent will be terminated by the court. Again, this can occur either because the other legal parent voluntarily consented or because the court found that the other parent’s consent is not legally required. The “parent” whose rights are terminated by the court will lose the right to seek custody or visitation with the child — and will also be released from any parental responsibilities (including child support obligations). Your spouse will also consent to the adoption but his or her parental rights will continue.

New York Stepparent Adoption Laws:

  • Both parents (your spouse and the other biological parent) must consent to the adoption, unless a court determines that the other parent’s consent is not legally required. This can depend on many factors, such as whether the other parent is named on the child’s birth certificate and the extent to which she or he has taken physical, emotional and financial responsibility for the child.
  • The child must consent to his or her own stepparent adoption If the child is more than 14 years old.
  • The stepparent must be fingerprinted (to determine if they have any disqualifying convictions) and cleared through the child abuse registry (to determine if they have ever abused or neglected a child).
  • The court will order an investigation ( a home study report, usually conducted by a social worker) to determine whether the adoption is in the best interests of the child.

A stepparent who has resided with the adoptive child for more than a year before the adoption petition is filed does not have to be certified as a qualified adoptive parent (a procedure other adoptive parents must complete).

When the “adoptive child” is over the age of 18, the consent of his or her legal parent is not legally required, because this would be an adult adoption.

To Begin a Stepparent Adoption

A stepchild adoption is often mostly legal filings and does not require an agency. To adopt a stepchild, the biggest question that will arise is whether the other biological parent of the child will consent to your adoption. A determination must be made as to whether the other biological parent must receive notice of the adoption or consent to the adoption. This is a legal determination that will require an attorney’s analysis of the law and the facts presented by your particular situation. In many cases, only the services of a knowledgeable family law attorney is need to successfully complete a step parent adoption.

AFFCNY’s Adoption Attorney Directory

FIND AN ATTORNEY TO WORK WITH

We have curated a free online referral page for New York families. On the AFFCNY’s Adoption Attorney Directory you will find listings for attorneys and firms across the state with vetted experience with adoptive, foster and kinship families. 

Listings are arranged alphabetically with the general service area listed at a glace. Click on the name for more information.