Adopting Your Stepchildren

The Effects of Stepchild Adoption

There is a form of “relative adoption” known as stepchild adoption. Adopting your stepchild may seem redundant—after all, your spouse is already legally obligated to care for your stepchild, and you may already love and care for them like a biological child anyway. However, stepchild adoption offers benefits and legal implications you may not be aware of.

To begin with, when you adopt your stepchild, you permanently become that child’s caretaker. While you assume the emotional reality of adopting the child, you also become a legal parent to that child. This means you are liable for child support in the event of a divorce, and that child is entitled to inherit your estate.

In every sense, your stepchild stops being your stepchild and is simply your son or daughter. For that reason, stepchild adoption is a profound statement of commitment to your blended family, beautiful and set in stone.

Another legal effect of a stepchild adoption is that the child’s biological parent (who is not your spouse) loses all rights and obligations regarding that child. If you are the stepmother to your husband’s child, this adoption terminates all rights and privileges the biological mother possessed. All child support owed would be forfeited, and that child would legally be yours.

Considered adopting your stepchild? Contact The Harris Law Firm today to learn more about your options from our experienced adoption attorneys.

Why Should You Adopt Your Stepchild?

Stepparent adoption in Colorado offers numerous benefits for both the stepparent and the child. Here are some of the main advantages:

• Parental Rights: Stepparents gain legal recognition as a parent, which grants them the same rights and responsibilities as biological parents. This includes the right to make decisions about the child’s education, health care, and welfare.
• Inheritance Rights: Children adopted by a stepparent may have inheritance rights from the stepparent, providing them with legal protection and security in terms of property and assets.
• Strengthened Family Bonds: Stepparent adoption can foster stronger emotional ties between the stepparent and child, enhancing family unity and creating a more stable family environment.
• Sense of Belonging: Children may feel a greater sense of belonging and security when they know they are officially part of their stepparent’s family.
• Consistency in Parenting: With a formal adoption, the stepparent can provide consistent parenting, helping to create a more stable home life for the child.
• Legal Protection: The child is legally protected in the event of the biological parent’s death, incapacity, or other family changes, ensuring their continued care and support by the stepparent.
• Health Insurance and Benefits: Adopted children may be eligible for health insurance coverage and other benefits through the stepparent’s employer or insurance plan.
• Social Security and Veterans Benefits: In some cases, adopted children can qualify for Social Security or veterans’ benefits based on the stepparent’s work history.
• Reduced Conflict with Biological Parent: In many cases, a stepparent adoption can help reduce conflict between the biological parent and the stepparent, fostering a more cooperative co-parenting relationship.
• Clarity of Role: Adoption clarifies the stepparent's role in the child's life, reducing confusion for the child and all parties involved regarding who is responsible for their upbringing.
• Streamlined Procedures: In Colorado, the adoption process for stepparents is often more straightforward than for other types of adoption, as it may not require extensive background checks or home studies if the other biological parent consents.

This type of adoption not only solidifies the legal relationship between the stepparent and the child but also enhances emotional and family dynamics, providing numerous long-term benefits for all involved.

What Are the Requirements for Adopting Your Stepchild?

In order to adopt your stepchild, you must first meet basic requirements. First, you must have resided within Colorado for at least six months prior to the adoption process. Second, you must be over twenty-one years of age. Finally, you must pass specific background checks that verify a lack of a criminal history for violence against spouses or children and have no violent crime felony convictions.

The Process of Adopting your Stepchild

To be able to adopt your stepchild, there are specific steps and requirements:

• You must first complete the required fingerprint-based criminal history background check. These results must be conducted within 90 days prior to the filing of the Petition.
• You must complete the TRAILS background check which will be processed by the Colorado Department of Human Services.
• Obtain consent from the custodial parent, usually your spouse or partner.
• Obtain consent from the non-custodial parent. If the non-custodial parent has “abandoned” the child for a year or more, the Custodial parent may file an Affidavit of Abandonment which would be filed with the completed petition packet.
• File the petition with the court and be prepared for the adoption hearing.

Once the above has been completed, and the Court signs the Final Decree of Adoption, your Harris family law attorney will complete a Report of Adoption, and you’ll be able to obtain a Birth Certificate with your name on it showing that you are now a legal parent of this child.

How The Harris Law Firm Can Help You

As always, The Harris Law Firm offers cost-effective legal services to guide you through the adoption process. Difficulties may arise if the child’s biological parent objects to the adoption or complications may arise for a few other reasons. When complex situations arise, the family law attorneys at our firm are prepared to give you clarity and direction.

Contact us if you have a legal question regarding the process of adopting your stepchild or stepchildren.