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How stepparent adoption works in Georgia

On Behalf of | Jan 7, 2025 | Family Law

Marrying someone who already has children can be a major commitment. Not only does an individual become a spouse, but they also become a stepparent. While they don’t have the same obligations or rights as a legal or biological parent, they still have increased responsibilities. In many cases, stepparents develop strong emotional connections with their stepchildren.

They may decide they want to adopt their stepchildren. There are many benefits of stepparent adoption. A stepparent adoption can give a child a stronger sense of family. The adoption process protects the stepparent’s relationship with the stepchild. If they get divorced or their spouse dies, they still have rights.

There are many complications that can arise during a stepparent adoption. What does the process typically involve?

Stepparent adoptions require consent

Typically, adoptions are only an option for those over the age of 21 or married. Stepparents usually meet both of those criteria. They do not have to worry about the rule that requires that an adoptive parent be at least 10 years older than the child they intend to adopt.

What they need is appropriate consent from other parties. Typically, the spouse of the stepparent must agree to the adoption. In fact, the other parent usually needs to give their blessing as well. They have to sign documents voluntarily rescinding their parental rights unless the state has already terminated them due to abuse, negligence or other issues.

Obtaining approval from the other parent can be one of the biggest hurdles in a stepparent adoption scenario. Even parents who rarely spend time with their children may not want to give up that connection. The child may also need to approve the stepparent adoption. Children over the age of 14 also have to consent to the adoption. Finally, the courts have to review the circumstances and agree that the adoption is in the best interests of the child.

The legal process can become overwhelming

Between securing the written permission of another parent and filing a petition with the courts, there are many crucial steps in a stepparent adoption. Small mistakes during the process, including errors on legal paperwork, can reduce the family’s chance of success.

Typically, those preparing for a stepparent adoption need assistance throughout the process. Those who secure legal representation early can focus on managing family circumstances rather than worrying about legal paperwork. A family law attorney can educate the family about the process and handle much of the paperwork on their behalf.

Legal guidance can be beneficial should complications arise during the stepparent adoption process. Having assistance from the very beginning may take much of the stress out of a stepparent adoption. Stepparents who are ready to take on a more permanent role in the lives of their stepchildren may find that adoption is the best path forward for their families.

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