(801) 254-9450 A stepparent may already act as a parent in nearly every practical sense, but adoption makes that relationship official. After a stepparent adoption, that adult becomes the child’s legal parent and assumes the rights and responsibilities that come with it.
Utah has specific requirements for stepparent adoptions, and attempting to navigate this process can be difficult without the help of a dedicated child custody attorney serving Midway families. At Carr | Woodall, we look forward to helping your family take this next step. Let a Midway stepparent adoption lawyer guide you every step of the way.
Stepparent adoption differs from many other types of adoption because the child already lives within an established family relationship. That said, our attorneys can ensure you meet all of the requirements for stepparent adoption in Midway.
For a stepparent adoption, you must be legally married to the child’s custodial parent. You and your spouse generally file as co-petitioners asking the court to approve the adoption.
The state imposes an age requirement for adopting a minor. Generally, the adopting adult must be at least 10 years older than the child. This requirement is often overlooked when a stepparent has already helped raise the child for years.
There is also a residency requirement in place, meaning that the prospective stepparent has to live in Utah. The child generally must also have lived with the prospective stepparent for at least 180 days before the adoption is processed, although the court can waive this part of the requirement.
A stepparent must complete required background checks before the court finalizes the adoption. This process includes a criminal history clearance and a report concerning any history of alleged child abuse.
Consent can become one of the most important issues in a stepparent adoption. The custodial parent who is married to the adopting stepparent participates in the adoption, but the rights of the child’s other legal parent also have to be addressed.
Generally, the child’s other parent must consent if that parent still has legal parental rights. However, this is not necessary if a court has already terminated that person’s parental rights. If the other parent agrees, the appropriate consent documents can be completed as part of the adoption process.
This process can become much more difficult if the other biological parent refuses to consent. In that situation, the parent has to receive the required notice, and the court may need to determine whether legal grounds exist to terminate their parental rights. The child may also have a say, depending on the circumstances. If your stepchild is 12 or older, Utah generally requires the child’s consent to the adoption in writing unless they lack the mental capacity to consent.
A successful stepparent adoption gives legal recognition to a parent-child relationship that may have existed for years. However, you will have to satisfy the state’s legal requirements before you can formally become recognized as a parent.
At Carr | Woodall, we understand what this process can mean for your family, and we take our obligation to our clients seriously. A Midway stepparent adoption lawyer from our firm can handle every aspect of this process from beginning to end. If you are unable to travel to our office outside the city, we are happy to meet virtually or come to you. Instead of attempting to navigate the legal system on your own, reach out to our attorneys today to explore your rights.