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Often, after marriage to a spouse with a child,a step-parent may wish to step into the role of parent. In order to be eligible to adopt as a step-parent, the individual must be over the age of eighteen and presently married to a consenting natural or adoptive parent. Additionally, both natural parents must consent or the a non-consenting parental rights must have been terminated. There are two possible routes to a successful step-parent adoption. Under the law, both the custodial and non-custodial biological parents sign forms consenting to adoption by the step-parent and waiving further notice of the proceedings. The petitioning step parent submits to the court a Petition of adoption along with a request for the Court to waive any home study. A Judge may waiveor not waive the home study as part of their discretion. A termination of parental rights is an action that terminates a biological parents rights to parent including any custodial and visitation rights and responsibilities. There are two ways to terminate a parental rights, voluntarily and involuntarily. A voluntary termination is agreed upon by both parents whereas an involuntary termination may occur without either parent's consent. As an alternative to a voluntary termination proceeding, thenatural
parent may consent to an adoption. A consent to adoption must
comply with strict statutory requirements. After a decree of adoption
is entered, the natural parents are relieved of all parental
responsibilities including child support. Click Here for more information on Terminating
Parental Rights. |