Step-Parent Adoption

Blended families are very common in the U.S. & can create unique legal questions & issues. Step-parents often play an important role in the lives of their step-children. Depending on the situation, you may feel it is in the child’s best interest for you to legally adopt them. So, what are the steps to legal step-parent adoption in Missouri? Keep reading to find out.

Because the child is not biologically yours, the law requires that the biological parents consent to adoption. If the child is 14 or older, they will also need to sign a consent for adoption. In the case of younger children, a guardian ad litem is often appointed to advocate for the child’s best interest. Usually, the spouse of the step-parent will have no issue giving their consent, but sometimes the other parent may not agree. If they do agree, the process is quicker & easier, but there is a process to go forward with the adoption without consent. In that case, the un-consenting parent would have to be served paperwork indicating your intention to adopt that child. In the event their whereabouts are unknown, they can be served by publication – meaning an ad in a local paper would run for the required time limit & inform them of the impending legal proceeding. If they do not respond within the given amount of time, their consent is assumed. If they do respond, a hearing would be held to determine the best interest of the child.

Once consents are completed the court will hold a hearing to determine if the proper procedures are completed & if the adoption would be in the child’s best interest. The judge will rule on the matter & if everything is in order, the adoption order will be issued. At that point, a new birth certificate can be issued & the step-parent will have all legal powers they would otherwise have over a biological child.

Adopting a step-child can be a meaningful step to establishing a feeling of love and trust from the step-parent. If the step-parent does not have a criminal history & the biological parents consent, this process is often relatively short and simple. Even without consent, adopting a step-child does not have to be a complicated process.

Are you a step-parent wanting to adopt your spouse’s child? Call us today to schedule a consultation.