At The Draper Law Firm, we love adoptions!  One of the adoptions we often see involves a step-parent adopting the biological child of his or her spouse.  There are a couple of questions I immediately ask when someone inquires about a step-parent adoption:  (1)  What is the status of the other biological parent? and (2) If that biological parent is alive and hasn’t had rights terminated already, will that parent voluntarily relinquish parental rights?

In order to proceed with a step-parent adoption, the biological parent who is not involved must either be deceased, have had his or her rights terminated, or have his or her rights terminated prior to the step-parent adoption.  We generally do the termination and adoption in one proceeding, and they are often both handled in the same final  hearing.  The process is extremely easy if the biological parent will sign an affidavit voluntarily relinquishing parental rights.  (This post will not go into the process to terminate if that does not happen.)

In addition to terminating the biological parent’s rights, the step-parent will need to complete a criminal background check.  This is now generally done electronically, and the results come back quite quickly.  The step-parent will also need to complete an adoption home study.  The home study involves an added expense outside of attorney’s fees.  For the home study, the step-parent, spouse and child will meet with the evaluator and have a home visit.  They will also provide collateral references in support of the adoption.

Sometimes an attorney ad litem is appointed to represent the child in the case.  The court has the discretion to waive the ad litem if the judge feels the child’s best interests are adequately protected by the parties.  We have always requested that the court waive the requirement of an ad litem for the child in step-parent adoption cases, and that request has always been granted.

Once the background check and home study are complete, we prepare a final order and go finalize the adoption.   The child comes to the final hearing, and the judge will always participate in taking pictures with the family to help celebrate the occasion.

stk204273rke

0

Many people ask how to terminate the rights of a parent or how to proceed with a step-parent adoption. Before a step-parent can adopt a child, the biological parent’s rights must be terminated. It is important to remember that a biological parent should have the opportunity to build a relationship with their child and a court may give a parent that opportunity even after a petition for termination is filed. There are many steps involved with terminating a parent’s legal right to their child, including requirements that the parent be personally served and have the opportunity to respond.

The Texas Family Code sets out specific grounds for terminating a parent-child relationship. A parent’s rights can be terminated for a number of reasons, including leaving the child in the care of another for at least six months without adequate support. Rights may also be terminated if a parent knowingly allowed the child to be somewhere which endangered the physical or emotional well-being of the child. The most common avenue for termination we see in step-parent adoptions is for the biological parent to sign an affidavit of relinquishment of parental rights.  This is not a complete list of the grounds for termination.

In order to proceed with the adoption, the step-parent needs to complete a background check.  This involves going to the closest facility that does fingerprint background checks for DPS.  The results usually come back within a week or two.  The family will also need to participate in an adoption evaluation prior to finalizing the step-parent adoption.  Contact The Draper Law Firm, PC if you would like more information on step-parent adoption or terminating a parent’s rights.

(Blog post by Soheyla Dixon and Holly Draper)

stk204273rke

0

Many times a child has little to no relationship with a biological parent but has a wonderful relationship with a step-parent. In those situations, many families consider having the step-parent adopt the child.  In order to complete a step-parent adoption, the rights of the biological parent must first be terminated.  (This can be done in the same proceeding as the adoption.)

If the bio parent is agreeable to the termination, this is a very easy and quick process. The relinquishing bio parent must simply sign an affidavit of relinquishment of parental rights, to be filed with the petition for termination and step-parent adoption.  When there is a step-parent ready to step in to adopt the child, the court will almost universally approve the termination.  With most adoptions, a social study and a guardian ad litem or amicus attorney (an attorney appointed to represent the best interests of the child) are required.  However, with a step-parent adoption, you may ask the court to waive one or both of these requirements.  The step-parent must still complete a background check.  Once all paperwork has been completed, the non-terminating bio parent, the step-parent and the child will appear in court to finalize the adoption with a short prove-up hearing.

After the terminating bio parent signs an affidavit of relinquishment of parental rights, that parent is generally no longer entitled to notice of anything that goes on in the proceeding.  That parent will not receive any order of termination or adoption or ever even get confirmation that it happened.

If the bio parent is not willing to voluntarily terminate his or her parental rights, the process can be much more difficult.  The parent who is attempting to terminate the other parent’s rights could have a long, uphill battle trying to prove that the bio parent’s rights should be terminated.  The step-parent cannot adopt unless the court first finds that sufficient grounds exist to terminate the bio parent’s rights.

Paternity

2