With the anniversary of COVID-19 earlier this month, we have been reminded how unusual and unpredictable the last year has been. Loved ones have been lost to the virus, and parents have been challenged in caring for their families. There is a concern for blended families and what might happen if the custodial parent dies or becomes incapacitated. It is during this period of uncertainty that it is crucial for you to pursue the adoption of a stepchild in order to secure and protect your family.
Who May Adopt?
According to Georgia law, any individual who is either at least 25 years of age, is married and living with his or her spouse, or is at least 21 years of age and is a relative of the child may petition to adopt a child. The individual must be at least 10 years older than the child, except for when the individual is a stepparent or relative. Please note that the statute requires the stepparent to be married to the spouse and permits the stepparent to be less than 10 years older than the child they seek to adopt.
Additionally, to adopt in Georgia, the law specifies that the individual must also be a resident of Georgia at the time of filing the petition. The individual must be financially, physically, and mentally able to have permanent custody of the adoptee. When filing the adoption petition, a stepparent shall file it in his or her name only – without the name of the spouse.
Overview of the Process
To adopt a stepchild, there are a few items regarding consent or surrender of rights that you must receive from the non-custodial parent, your spouse, and, in some instances, the child as well.
The simplest way to have an uncontested stepparent adoption is to obtain a surrender of rights from the absent or non-custodial parent. All surrenders must be signed under oath and in the presence of a notary public and an adult witness. The non-custodial parent must surrender his or her rights to the child. If the non-custodial parent does not voluntarily surrender the rights, the rights may be involuntarily terminated if there are legal grounds for termination. When the non-custodial parent is the mother of the child, the mother must surrender her rights with an affidavit pursuant to the Georgia Code. The non-custodial parent has the right to revoke the surrender within four days.
The stepparent must also receive the written consent from his or her spouse, who is generally the child’s custodian parent. If the custodian parent is the mother, the mother must complete a legal mother’s affidavit as well as sign a spousal consent under oath. If the custodian parent is the father, the father needs only consent to his spouse adopting his child by signing the spousal consent under oath.
In the instance where the potential adoptee is 14 years or older, the child’s written consent is also required. The consent must be given and acknowledged in the presence of the court.
Termination of the Absent or Non-Custodian Parent’s Rights
If the non-custodial parent refuses to voluntarily surrender his or her rights, the court may terminate the non-custodial parent’s rights based on a number of factors laid out in the Georgia Code. Two of the most common grounds for termination of rights during a stepparent adoption are the non-custodian’s parent’s significant failure, for at least one year, prior to the immediate filing of the petition of adoption (1) to communicate or visit with the child in a parental, supportive or meaningful way or (2) to pay child support.
Benefits of a Stepparent Adoption
A stepparent adoption provides various benefits to the family. One of the most common and, arguably, important benefits of such an adoption is to legally 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. With a stepparent adoption, however, the stepparent possesses all the parental rights of a legal parent, and the child cannot be removed from the home if something were to happen to the custodial parent. This is HUGE and a motivating factor for so many blended families to pursue a stepparent adoption. The custodian parent wants to make sure that the child is secure in the home should something happen to him or her, and a stepparent adoption accomplishes this ultimate security.
In addition to legal security, the adoption provides the child with a sense of permanence and security. After a stepparent adoption, the child’s last name may be changed to match the other family members, which facilitates a sense of belonging. The child may then get a new birth certificate to reflect the change, further solidifying the connection between the stepparent and child.
On an administrative note, a stepparent adoption guarantees that the child can be placed on the stepparent’s health insurance. Without the legal relationship, there is the chance that the child will be ineligible for coverage under the insurance. Along the same line, when the stepparent needs to take leave under the Family and Medical Leave Act, an official, legal relationship with the child ensures that the stepparent can take time off to care for the child.
Pursue Stepparent Adoption
Ultimately, there are various legal, emotional, and administrative benefits to adopting your stepchild that you should consider, but the main benefit is securing and binding your family together both legally and symbolically. Through stepparent adoption, you are transforming your relationship to your stepchild while simultaneously affirming your commitment and rights as a parent. It’s important to know that once a stepparent becomes a legal parent following an adoption, they have equal rights as their spouse, the custodian parent to the child. This means that the stepparent can pursue custody and will be responsible for child support should their marriage dissolve.
If you have questions about a stepparent adoption, contact The Campbell Law Practice, LLC now at (404) 981-5257 to schedule a consultation to speak with Attorney Christina Campbell.