A Stepparent Adoption is defined as when one of the biological parents has married and the new partner desires to adopt the child from a former relationship.
To save time and money, in a Stepparent Adoption one should first attempt to attain the permission of the natural parents. If permission is granted an Adoption Agreement will be signed by the participants.
If permission cannot be achieved you will need to file an action to have the parental rights terminated of the Natural parent in order to free the child for adoption. Termination of the natural parent’s rights must take place first. The parents who rights are being terminated may have counsel. A Lawyer for the child may also be suggested and one may be chosen.
If you are attempting to free the child from the Mother or from an assumed father, you will need to file an Abandonment Petition.
If the minor is 12 years of age or older the child will need to consent to the adoption. The adoption will be allowed if the court finds that the adoption is in the best interest of the child.
To schedule your free consultation with experienced adoption Attorneys in Orange County California regarding a stepparent adoption, please contact the Orange County Family Law Offices of Yanez & Associates 714-971-8000.