When you form a new family through divorce and remarriage, your child’s remaining biological parent typically retains some measure of legal guardianship over your children. If your new spouse wishes to become a legal guardian for your child, you must complete a stepparent adoption to terminate the rights of your divorced partner so these rights can be transferred to your new spouse. Stepparent adoption may or may not proceed smoothly, depending on the opinions of the child’s biological parents; thus, it is always beneficial to seek the guidance of a family law attorney in Baltimore to guide you through the stepparent adoption process, especially if you anticipate a dispute that may require adoption mediation or a court investigation.
Seeking Parental Consent
To pursue a stepparent adoption in Maryland , the consent of both biological parents must be obtained. Thus, the first step in the stepparent adoption process is contacting the child’s additional biological parent regarding the adoption. If consent is given, the adoption may proceed unhindered. However, if the biological parent does not consent to the adoption, further steps must be taken if you still wish to pursue stepparent adoption.
Handling a Parental Objection
When a biological or legal guardian refuses to relinquish their guardianship rights, they may file an objection to the adoption process. Alternatively, the biological parent may simply fail to provide legal consent. When an objection is filed or consent is not given, the couple wishing to pursue stepparent adoption may seek a court investigation to show that stepparent adoption is in the best interests of the child. If the legal parent is determined to have been absent or neglectful with regard to his parenting responsibilities, his rights may be terminated and the stepparent adoption allowed to proceed. Alternatively, if the contesting parent does not meet the legal definition of a presumed father, his rights may also be terminated to allow for stepparent adoption.
Even if you expect a stepparent adoption to go smoothly, a family law attorney is your best resource for guidance and support during this process to reduce stress for you, your spouse, and your child.