During this time of uncertainty brought on by Covid-19, you may be hesitant to pursue the adoption of your stepchild. Now, is especially the time to move forward with the adoption of your stepchild to have a legally recognized family.
Parental Rights and Security
One of the most common and, arguably, important reasons to pursue the stepparent adoption is to secure the family unit. Without the formalization of the parent-child relationship through adoption, the stepparent lacks the legal authority and rights that a biological parent possesses. For instance, in a family with a stepfather, the absent legal father has more parental rights to the child than the stepfather even if the stepchild has no relationship with the legal father. If the mother dies, the stepfather will not automatically receive legal rights and custody to the stepchild. This could mean that the court could award custody to another relative that the child doesn’t even know. Significantly, if the stepparent does not have legal rights, then the child could be removed from the home.
A stepparent adoption legally recognizes the stepparent as the stepchild’s legal parent, thereby granting the stepparent all the parental rights of a legal parent. With legally conferred parental rights, the stepparent is then authorized to make decisions in important areas such as the stepchild’s medical care, religion, and education. After a stepparent adoption, a family need not worry anymore about an absent parent coming in and out of the child’s life. Additionally, once the stepparent becomes a legal parent, the family is secured and if anything happen to the child’s custodial biological parent, the child will remain in the home. Through a stepparent adoption, the relationship between the stepparent and stepchild becomes secure and permanent, granting peace of mind for the family.
Security and Belonging for the Child
Additionally, a stepparent adoption provides security and permanence while also solidifying a sense of belonging for the stepchild. This is very significant to a child, especially if the child is in a blended family and the family members and the child’s siblings all share a different last name from the child. A key benefit of a stepparent adoption is that the child’s legal name may be changed to match his or her family’s name, which legally and psychologically impresses the permanence and inclusion of the family unit. Moreover, the child’s birth certificate will be changed as part of the process to reflect the name of the stepparent as the child’s legal parent, further cementing the connection between the child and parent. After the adoption, the stepchild’s status is equal to any biological children.
Administrative Benefits
A stepparent adoption also brings several administrative benefits for the family. Of value to a family is ensuring that the stepparent’s health insurance covers the stepchild. Many employer’s health insurance coverage will not always include stepchildren. Legalizing the parent-child relationship with an adoption removes any uncertainty about coverage and guarantees that insurance coverage will include the child.
Another benefit of adoption is that the stepchild will be entitled to inherit from the stepparent’s estate in the absence of a will. Absent a will, the intestate laws of the State govern, and the laws may not permit an unadopted stepchild from inheriting. By adopting the child, the child is guaranteed to inherit from your estate in the absence of a will. Even if you do have a will, a stepparent adoption is an intentional step to minimize future issues arising from the distribution of your estate. An adopted stepchild legally has equal status as all your other children. This equal legal footing effectively eliminates any potential inheritance contests that could stem from someone questioning the stepchild’s relational status to you.
Pursue Stepparent Adoption
However, there are some reasons that a stepparent adoption is not in the best interest of a child. If there are concerns about the stability or longevity of your marriage, pause on moving forward with a stepparent adoption. Also, if the noncustodial parent objects and is participating in the child’s life in a meaningful, supportive manner, consider whether this adoption is in the child’s best interest. A contested adoption can be emotionally damaging to a child.
Ultimately, there are various legal and administrative benefits to adopting your stepchild that you should consider, but the main benefit is securing and binding your family together legally. Through stepparent adoption, you are transforming your relationship to your stepchild while simultaneously affirming your commitment and rights as a parent.
If you have questions as to whether a stepparent adoption is the best legal option for your family, contact Christina E. Campbell at (404) 981-5257 and schedule an adoption consultation immediately. Remember, one of the best gifts that you can give to a child is a family.
Benefits of a Stepparent Adoption