If you are seeking to legally adopt the child(ren) of your spouse, you are not alone. 

Adoption by a stepparent is the most common form of adoption. However that unfortunately doesn’t mean it is uncomplicated. While each case is unique, most adoptions follow these steps:

Step 1: File Notice and Petition

We file a notice of plan for adoption and, if necessary, a petition to terminate parental rights.

Step 2: Establish Child’s Eligibility

The court must determine that parental rights have been legally terminated or surrendered.

Step 3: File Petition for Adoption

This petition outlines:

• Facts supporting adoption

• Request to establish legal parent-child relationship

• Possible name change

• Whether the child qualifies under the Indian Child Welfare Act (which may require tribal notice)

Step 4: Complete Required Documentation

Documents may include:

• Birth certificate

• Consent forms

• Termination orders

• Custody/visitation orders

• Criminal background checks

• Home study (if required, generally there is an exception in a stepparent adoption)

• Medical and social history

• Indian Child Welfare Act notice (if applicable)

• Affidavits and disclosures required by statute

Step 5: Final Hearing

At the final hearing:

• The judge reviews documentation

• The petitioner answers statutory questions

• The court ensures all legal requirements are satisfied

Step 6: Final Decree of Adoption

Once approved, the court issues a final decree. The adoption becomes permanent.