Stepparent Adoptions in North Carolina

Blended families can be a blessing to all involved. There’s more love to go around when a child is loved by biological parent(s) and stepparents. Sometimes a stepparent has truly taken on the role of parent and wants to solidify his or her relationship with the stepchild legally through adoption. Stepparent adoption can be an option in some circumstances. A stepparent adoption can be a viable option if the other biological parent is not involved in the child’s life and either consents or has their parental rights terminated. Below we answer some common questions regarding stepparent adoptions. If you have more questions about your specific situation, please reach out to schedule a consultation. 

Can my spouse adopt my child from a previous relationship?
Your spouse and the child’s stepparent may be eligible to adopt your child from a prior relationship if:

1. The stepparent is married to you, a biological parent of the child; and
2. The child has lived with the stepparent and biological parent primarily for at least six (6) consecutive months prior to filing a petition for adoption; and
3. The stepparent has lived in North Carolina for at least six (6) consecutive months immediately before filing for adoption, or the child has lived in North Carolina for at least six (6) consecutive months immediately before filing for adoption.

What do we need from the child’s other biological parent to proceed with a stepparent adoption?
The child’s other biological parent must either:

1. Consent to the adoption,
2. Have their parental rights terminated, or
3. Have died (no consent or termination of parent rights would be necessary).  

If the child’s other biological parent contests the stepparent adoption, you can pursue termination of the other parent’s parental rights, but there will be many more hurdles to jump through to clear the child to be eligible for adoption by the stepparent. Terminating parental rights is not something the court takes lightly. Each biological parent has a constitutional right to parent their child, and the court is not likely to take that constitutional right away without substantial evidence that grounds for termination of parental rights exist and that termination of parental rights is in the best interest of the child.
If there is not sufficient evidence to terminate parental rights and the other biological parent will not consent, then the stepparent will not be able to adopt the child.

What consents are needed to move forward with a stepparent adoption?

• Consent from the child’s other biological parent, if possible. If it is not possible to obtain consent from the other biological parent, it would be necessary to pursue termination of parental rights in order for a stepparent to adopt a stepchild. 
• Consent from the parent who is the stepparent’s spouse.
• Consent from the adoptee if the child is 12 years or older.

What kind of assessment or home study is required for a stepparent adoption?
A Report to the Court may be necessary in certain stepparent adoptions. A Report to the Court is a report or assessment completed by the Department of Social Services or other agency to assist the court in determining if the proposed adoption is in the child’s best interest.
In stepparent adoptions, a Report to the Court:

• May be ordered by the court if a child has lived with the stepparent for less than two (2) consecutive years.
• Must be ordered by the court:
  • If the child has not lived with the stepparent for at least two (2) consecutive years immediately before filing for adoption.
  • If the child has lived with the stepparent for at least two (2) consecutive years immediately before filing for adoption, but (a) the child’s consent is to be waived, (b) the child has revoked his or her consent, or (c) both of the child’s parents are deceased.

​Will the child’s other biological parent still owe child support for the adoptee?
If the child is adopted by the stepparent, the child’s other biological parent will not owe any future child support obligation. The child’s other biological parent will remain liable for past-due child support payments unless legally released from that obligation.
 
If you want more information regarding the possibility of stepparent adoption, please reach out to our office to schedule a consultation.

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