Stepparent adoption laws vary from state to state. However, in all states the most common situation for stepparent adoption is when a spouse remarries and the non-custodial parent agrees to relinquish his/her parenting responsibilities. Of course, other situations apply as well in stepparent adoptions, and in each case, a married person wishing to adopt the child must also have consent of their married partner before they can adopt.
In California, if the child is 12 years old or older, he or she must consent to the adoption. In addition to the child’s consent, the birth parents must give their consent. The exceptions under which only one birth parent’s consent is needed include:
- If the other parent fails to communicate with and support the child
- If the other parent fails to respond to notice of adoption
For legal advice and representation in stepparent adoption, please call our office at (408) 292-4849 to set up a consultation.