FACTSHEET 

FOR FAMILIES 

April 2008 

Stepparent Adoption 

Adopting a stepchild is the most common form 

of adoption. A stepparent who adopts agrees to be 

fully responsible for his or her spouse’s child. After 

the stepparent adoption occurs, the noncustodial 

parent (the parent not living with the child) no 

longer has any rights or responsibilities for the 

child, including child support. 

What’s Inside: 

• Legal issues 

• Steps to take 

• Help for parents 

U.S. Department of Health and Human Services 

Administration for Children and Families 

Administration on Children, Youth and Families 

Children’s Bureau 

Child Welfare Information Gateway 

Children’s Bureau/ACYF 

1250 Maryland Avenue, SW 

Eighth Floor 

Washington, DC 20024 

703.385.7565 or 800.394.3366 

Email: info@childwelfare.gov 

www.childwelfare.gov 
Stepparent Adoption	 www.childwelfare.gov 

Legal Issues 

Stepparent adoption, like all other forms of 

adoption in the United States, is governed 

by State law. Most States make the adoption 

process a little easier for stepparents. For 

example, your family may not need to be 

represented by a lawyer. You may not be 

required to have a home study, as parents in 

other types of adoption are. However, every 

State is different. For example, some States 

require a criminal background check even if 

a home study is not required. Be sure to fi nd 

out what the laws are in your State. 

How long your adoption will take also 

varies by State. Some States will not approve 

a stepparent adoption unless you have been 

married to the child’s parent for 1 year or 

longer. 

Adoption by a stepparent generally has 

no effect on a child’s legal right to inherit 

from either birth parent or other family 

members. For more information about 

how each State and territory handles legal 

inheritance, see Intestate Inheritance Rights 

for Adopted Children at 

www.childwelfare.gov/systemwide/laws_ 

policies/statutes/inheritance.cfm 

Consent of the Other Parent 

If you want to adopt a stepchild, you 

must have the consent (or agreement) of 

both your spouse and the child’s other 

parent. By giving his or her consent, the 

noncustodial parent gives up all rights and 

responsibilities, including child support. 

Sometimes getting the child’s other parent 

to agree to your adoption can be diffi cult. 

The way to obtain consent is different in 

each State. In many States, the noncustodial 

parent can give a written statement. In other 

States, he or she may have to appear before 

a judge or file papers with the court. Some 

States require the parent to receive counseling, 

have the laws and his or her rights explained 

to him or her, or talk to a lawyer. 

Some State adoption laws do not require 

the other parent’s consent in some 

situations. However, it is important to 

do everything the law requires to obtain 

proper consent. Some States’ laws allow for 

consent to be revoked, and for an adoption 

to be challenged or overturned, if these 

requirements are not met or fraud has 

occurred. 

Some States’ laws allow stepparent 

adoptions to occur even if the noncustodial 

parent objects or contests the adoption. 

For example, this may be allowed if the 

noncustodial parent has not contacted the 

child for a certain period of time. These 

situations may be complicated. You may 

wish to consult with a lawyer. If you cannot 

afford to hire a lawyer, you may be eligible 

for free legal help. In some States, the court 

will also appoint someone to represent your 

child (a guardian ad litem, sometimes called 

a “GAL”). 

Resources 

The Child Welfare Information Gateway 

State Statutes Series provides summaries 

of State laws regarding certain aspects of 

adoption, including: 

• 	 Consent to Adoption 

www.childwelfare.gov/systemwide/laws_ 

policies/statutes/consent.cfm 

This material may be freely reproduced and distributed. However, when doing so, please credit Child 

Welfare Information Gateway. Available online at www.childwelfare.gov/pubs/f_step.cfm 2 
Stepparent Adoption	 www.childwelfare.gov 

• 	The Rights of Presumed (Putative) Fathers 

www.childwelfare.gov/systemwide/laws_ 

policies/statutes/putative.cfm 

• 	Who May Adopt, Be Adopted, or Place a 

Child for Adoption? 

www.childwelfare.gov/systemwide/laws_ 

policies/statutes/parties.cfm 

• 	 Court Jurisdiction and Venue for Adoption 

Petitions 

www.childwelfare.gov/systemwide/laws_ 

policies/statutes/jurisdiction.cfm 

Information Gateway’s Online Resources for 

State Child Welfare Law and Policy provides 

links to public websites for full-text State 

laws and policies related to adoption: 

www.childwelfare.gov/systemwide/laws_ 

policies/statutes/resources.cfm 

Steps to Take 

1. Check out your State’s laws on 

stepparent adoptions 

You may begin by reading the laws discussed 

in the previous sections. However, nothing 

can replace the qualified legal advice of 

an adoption lawyer admitted to the Bar in 

your State. Adoption lawyers will know the 

relevant laws and will be able to research 

how decisions in prior cases might affect 

your situation. 

2. Contact the court in your county 

that handles adoptions 

In some States adoptions are handled in 

juvenile court. In other States the family 

court or surrogacy court handles adoptions. 

If you are not sure which court handles 

adoptions in your area, you may want to read 

the Information Gateway publication, Court 

Jurisdiction and Venue for Adoption Petitions: 

www.childwelfare.gov/systemwide/laws_ 

policies/statutes/jurisdiction.cfm 

Ask to speak to the court clerk or another 

person who can give you information about 

stepparent adoptions. (Court employees may 

not give legal advice.) Many courts have an 

information packet that can be mailed to 

you. If the court does not have a prepared 

packet, find out during your phone call: 

• 	Whether the court requires you to hire 

a lawyer, or whether you can represent 

yourself 

• 	Where you can find the required legal 

forms (in some States, they will be 

available online) 

3. Find and submit required 

legal forms 

Many States allow certain publishing 

companies to stock and sell legal forms to 

the public for court procedures. In other 

States, they are available online. 

These forms will ask questions about you 

and the child you want to adopt. For 

example, they may ask: 

• 	 The child’s current name, and what it will 

be after the adoption 

• 	How long you have been married to the 

child’s parent 

• 	Where the child was born 

Typically you will need to provide some 

proof of this information, such as a child’s 

birth certificate, a marriage license, and a 

copy of the noncustodial parent’s consent. 

If you hire a lawyer, he or she will take care 

of this step for you. 

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Welfare Information Gateway. Available online at www.childwelfare.gov/pubs/f_step.cfm 3 
Stepparent Adoption	 www.childwelfare.gov 

4. Go to the hearing 

Once your forms have been submitted, a 

hearing (court) date will be assigned. How 

long it takes to get a hearing varies based on 

where you live and how busy the court is. It 

may be anywhere from a few weeks to a few 

months. You may be notified of the date by 

mail or by your lawyer. 

You will probably be required to go to this 

hearing. A judge (or magistrate) will ask 

questions of everyone involved. Your lawyer 

can give you more information about what 

happens during hearings in your area. 

At the end of this hearing, the judge or 

magistrate will set a date for the adoption 

to be fi nalized. 

5. Finalize the adoption 

Adoption certificates are issued at a second 

hearing, which may be a few months (or 

longer) after the first hearing. You may 

wish to request extra copies of this legal 

document for your files. Your lawyer or the 

court will tell you whether or not you need 

to go to this hearing. 

6. Apply for a new birth certifi cate 

When the adoption is final, you can apply 

for a new birth certificate for your child. 

This certificate will have the child’s new 

name, if changed, and list the stepparent as 

his or her parent. 

Help for Parents 

Adoption does not end with fi nalization. It 

is a process rather than a one-time event. 

Your child and family may need time to 

adjust to being a new kind of “blended 

family.” Parenting is a lifelong job. Adoptive 

families, like all families, sometimes face 

challenges. Child Welfare Information 

Gateway offers a number of factsheets on 

issues that some adoptive families share. 

Some of these include: 

• 	Adoption and the Stages of Development 

www.childwelfare.gov/pubs/f_stages/ 

index.cfm 

• 	Adoption and School Issues 

www.childwelfare.gov/pubs/f_school/ 

index.cfm 

• 	 Postadoption Services: A Factsheet 

for Families 

www.childwelfare.gov/pubs/ 

f_postadoption.cfm 

• 	 Parenting the Adopted Adolescent 

www.childwelfare.gov/pubs/f_adoles/ 

index.cfm 

• 	 Selecting and Working With an 

Adoption Therapist 

www.childwelfare.gov/pubs/f_therapist.cfm 

Child Welfare Information Gateway’s 

National Foster Care and Adoption 

Directory lists adoption support groups 

in every State. Search it online at 

www.childwelfare.gov/nfcad/ 

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Welfare Information Gateway. Available online at www.childwelfare.gov/pubs/f_step.cfm 4