When a parent remarries, any children from the former relationship or marriage now have a new step-parent. In some instances, one biological parent may be absent from the child’s life. As a result, a step-parent may step up and decide that he or she would like to adopt the child. If the step-parent adoption occurs, it would relinquish the absent biological parent’s rights to the child and he or she may no longer be required to pay child support.
What are Some Reason for a Step-parent adoption?
Parents may consider a step-parent adoption for a number of different reasons. Some of those reasons may include:
- The child was abandoned by the biological parent;
- The biological parent is not financially supporting the child;
- The biological parent and the child have no contact; and/or
- The child was abused or neglected by the biological parent.
What Issues Can Arise in a Step-parent adoption?
In order for a step-parent adoption to occur, the biological parents must consent to it. If the parents do not consent, or one parent does not consent, the adoption may not be able to go forward or can run into issues. However, if the parent is unable or does not consent but has abandoned the child or is considered unfit, the step-parent adoption may still be permitted. In addition, in the state of New York, if the child is over the age of 12 years old, the child may also be required to consent to the adoption.
If you are considering a step-parent adoption, it is important that you consult with an experienced family law attorney who can provide you with assistance.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.