She will give up her rights in the adoption. I do not believe any agency in your state needs to be involved. Check with a local adoption attorney. you want it all to be done properly and it can be a long process if not done procedurally correct each step of the way. Good Luck!
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Yes, an agency needs to be involved because a custody study is required. A termination of parental rights must be accompanied by an adoption. They will not grant one without the other. Please consult with an adoption attorney. Adoptions are complicated and there are a lot of rules and procedures which must be followed.
You don't need an adoption agency per se but you do need some kind of accepted placed to do a step parent adoption study (which can be an adoption agency, lutheran social services, sometimes in some counties social services). If this is not done, the adoption won't get approved. This is a complex case that needs step by step instruction or they get messed up, get some help with it if you want it done correctly.
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