Step-parent 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 child(ren) as his or her own. Adoption is permanent and often times the other biological parent will have to sign and agree to the adoption, ultimately removing their rights, or the parental rights have already been terminated. 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. 

​​

After the adoption, the biological parent will have no responsibilities toward the child in any way, and will not have to pay support as they no longer have any responsibility or connection to that child. 

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 of Parental Rights 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 court hearing will always be held regarding a step-parent adoption.