Miscellaneous Information on Divorce - Step-Parent Adoptions

STEP-PARENT ADOPTIONS

There are times when a custodial parent remarries, and the step-parent takes on the role of the absent parent. He or she bonds with the child, provides emotional support, becomes a role-model for the child, and often times, provides financial support for their step-child. While there are step-families where both birth parents continue to be involved in the child’s life and maintain a healthy relationship with the child, there are unfortunately instances when the birth parent fails to maintain his or her relationship with the child by virtue of not exercising parenting time and/or not paying the court-ordered support. It is in these circumstances that a step-parent may consider adopting the step-child.

The benefits of adoption

Obviously, there are intangible benefits to a step-parent adoption: the completion of the “family unit”, the feeling on the part of the child that he or she “belongs”, and the gratification of the adopting parent in knowing that he or she has not only made a commitment to their spouse, but also to the child.

However, adoption also involves the termination and creation of legal rights and obligations on the part of the child and the parent. The parental rights of the non-custodial birth parent are terminated in the step-parent adoption process. This means that his or her right to parenting time (visitation) and also his or her obligation to support the child are extinguished.

The creation of the parent-child relationship in a step-parent adoption essentially instills in the adopting parent all of the rights and obligations pertaining to the child, just as if the child were born to him or her and the custodial birth parent. The adopting parent has a right to parental responsibilities (custody), and has an obligation to support the child financially, which are important to note in the unfortunate event of the death of the custodial birth parent or the subsequent dissolution of the parties. The child will have the right of inheritance, just as if he or she were the birth child of the adopting parent. In fact, the child’s birth certificate will be reissued after the adoption to set forth the adopting parent’s name thereon. During the adoption process, the parties (and the child) may elect to change the child’s surname, which may impart a feeling of inclusion in the family that is being created by the adoption.

The process

A step-parent adoption will involve a request (Petition) on the part of the step-parent who is married to the custodial birth parent of the child. The spouse, while not a party to the proceedings, will be required to file his or her consent to the adoption. In addition, the child to be adopted, if over the age of 12, will also be required to indicate his or her consent to the adoption by the step-parent. Finally, and possibly most importantly, the rights of the birth parent who does not have custodial rights to the child will be terminated in order to make the child available for adoption by the step-parent.

If the birth parent whose rights are sought to be terminated agrees to consent to the step-parent adoption, he or she will file it with the Court. If he or she does not consent, the laws in Colorado require that a showing be made that it is in the best interests for that parent’s rights to be terminated, by providing an affidavit indicating that the other birth parent has abandoned the child for a period of one year or more or that the other birth parent has failed without cause to provide reasonable support for such child for a period of one year or more.

The Court must make the finding that the step-parent seeking to adopt the child is a fit and proper person to do so, and will take testimony from both parents, and the child if he or she is over the age of 12, prior to granting the Decree of adoption. Generally, the hearing, if uncontested, takes on a celebratory tone, as the court recognizes that it is assisting in the creation of a new family, certainly a reason for jubilation.

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