Adopting Your Spouse's Children

For many of us, family is the most important thing in our lives. It is what binds us together; it is where we go for comfort, warmth, understanding, and love. Families can come in a wide variety of shapes, sizes, colors, sexes, and ages. Many people believe that family is more of a state of mind, or an emotion, than a genetic or blood relationship.

According to statistics, 46% of marriages in 2008 involved a remarriage for at least one of the partners. That means that nearly half of all marriages in some way involve divorce. Many of these divorced people come into their new marriage with children from their previous marriage. In certain cases, it may feel right for a spouse to complete his or her family by adopting his or her spouse's children. The following guide may help simplify the process for you.

Eligibility

Stepparent adoption, as this process is called, is actually the most popular form of adoption in the United States. However, it is important to realize that after a stepparent has adopted a child, the noncustodial parent (that is, the parent who does not live with the child) loses any rights and responsibility he or she had for the child.

Unsurprisingly, the process is much simpler when the child's other parent is deceased. If this is the case, there are relatively few impediments to the adoption.

If the child's other parent is alive and still has legal responsibility for the child, he or she will have to consent to the adoption. This is often the most difficult part of adopting a stepchild, as many parents do not want to give up the rights associated with parenthood. Other parents, though, may be swayed by the fact that, if their child is adopted, they no longer have the responsibility of paying child support.

Legality

The legality of stepparent adoption varies from state to state, with most jurisdictions making the process slightly easier for stepparents. Some states do not require a home inspection under these circumstances, although many still do require a background check. It may be beneficial to familiarize yourself with the laws in your state.

Additional Concerns

Adopting can be a complicated and deeply personal process, and many prospective parents are left with many unanswered questions.