Step-Parent Adoption

Blended families are sometimes hard to navigate. The goal of the courts is to keep families intact. However, that is not always possible or the best scenario and times Step-Parent Adoption is a good option. Some biological parents decide to have their child adopted by the step-parent. In Tennessee, a step-parent can adopt a child in a couple of ways.

Biological Parent’s Legal Rights

Before adopting a child, a court must involuntarily terminate or the biological parent must consent to relinquish their legal rights to the minor child. In the case of involuntary termination, the court will look at whether the parent has abandoned the child, whether the parent has provided for the child, and whether the parent has established a relationship with the child, among other factors. In cases of consent to termination, the biological parent, the other biological parent, and the step-parent must all co-petition in the adoption petition. Once all petitioners sign the petition in front of a notary, they can file it with the court and set a court date.

Terminated Parents Rights

It is important for all parties to understand the results of termination of parental rights. The parent facing termination of rights will not bear responsibility for future child support, but must settle any unpaid child support arrears before a judge finalizes the adoption. The parent will also have no claim in the future to any property, inheritance, or benefits of the child. Alternatively, the child will no longer be entitled to any claim to any property, inheritance, or benefits of the parent.

Adoption Finalized

Once the court finalizes the adoption, the step-parent becomes responsible for the child until they reach 18. If the parties request and the court approves, the child’s last name can change to that of the step-parent.

Step-parent adoption is a fairly easy process. In Tennessee, the required home study, 6 month waiting period and adopting parent class may be waived by the courts. If you are considering a step-parent adoption, contact us for help. We would be happy to assist you in the process. (615) 784-4800.