Stepparent adoption usually takes place when a divorced spouse, who has sole custody of the child(ren) from the previous marriage, remarries and the new step-parent (spouse of child's parent) desires to adopt the children as his or her own. Adoption is permanent. Both the spouse and the parent petition the court for the adoption. It is as if the child is your natural child after an order of adoption is entered. The adoptive parents will be the child's parents forever, even if they later separate or divorce. 

The other biological parent needs to have his or her parental rights terminated by the Court, or is willing to consent to the adoption, effectively terminating their rights by agreement. 

After the adoption, the biological parent will have no responsibilities toward the child in any way, and will not have to pay support. 


If the other biological parent cannot be found or has abandoned the child, a Termination of Parental Rights will have to be sought first before the Step-Parent Adoption can be filed.

A Termination must also be sought when there is no other parent listed on the birth certificate, or the other parent is unknown. 

Children who are 14 years and older must consent to the adoption and will be required to attend the court hearing. 

A hearing will always be held regarding a step-parent adoption. 

Packet Includes: ($550)


Family Court Cover Sheet

Petition for Step-Parent Adoption

Affidavit consenting to the adoption (by other biological parent)

Notice of hearing

Motion waiving home investigation

Proposed Order waiving home investigation

Proposed Order of Adoption

*All prices do not include the Court's filing fees.

Typically they run around $260. 



Complete the online Step-Parent Adoption questionnaire 


Review all forms and print all completed forms.

Have the other biological parent sign the Affidavit Consenting to the adoption with witnesses and a notary.



File completed and signed forms with the Court 

STEP four

Attend a hearing set by the Court


step-parent adoption

© High Sierra Legal 2020