Becoming a stepparent can be a beautiful thing, and it makes sense that you would want the parent-child relationship to be made official. However, adoption can be a complex process depending on the details of the situation. In certain circumstances, you may wonder whether you can adopt your stepchild without their other parent’s consent. Understanding your legal rights and responsibilities is crucial when attempting to adopt your spouse’s child. For more information and to secure skilled legal advice during this time, reach out to an Oakland County family lawyer today.
What is a Stepparent Adoption?
A stepparent adoption is exactly what it sounds like. It occurs when an individual who has custody over a child marries a new romantic partner, and that partner wants to formally adopt the child. Although they are not biologically related, the new partner is now married to the child’s primary parent. Especially in situations where the child was young when the pair got married or the two have a close relationship, the stepparent may want to officially adopt the child and be considered their parent.
Can I Adopt My Stepchild Without the Other Parent’s Consent in MI?
The process of a stepparent adopting their partner’s child requires that the other parent’s parental rights be terminated. If the noncustodial parent agrees to the adoption, they can voluntarily terminate their rights in order to allow the stepparent adoption to proceed by signing the required forms in front of a judge.
But what happens if the noncustodial parent does not agree to the adoption? Can it proceed without their consent? The answer to this can be complicated and depends on the details of the situation.
If the other parent does not give their consent and voluntarily terminate their parental rights, the only way for the adoption to go through is by the custodial and stepparent requesting that the other parent’s rights be involuntarily terminated.
How Can a Parent’s Rights Be Involuntarily Terminated?
Michigan courts take the termination of parental rights very seriously and will not make this decision on a whim. The other parent’s rights can only be involuntarily terminated if all of the following conditions are met.
- The parent who is married to the stepparent has sole or joint custody of the child according to a court order
- The other parent has failed to financially support the child for at least two years
- The other parent has failed to visit or contact the child for at least two years
- The other parent had the ability to support and visit/contact the child during the two-year period, but failed to do so regardless
If the above is true and the custodial parent and stepparent can provide evidence proving so, the court may terminate the other parent’s rights. This is the only way to secure an adoption without the other parent’s consent.
To learn more, reach out to an experienced family attorney today.