Are you a step-parent who helps your spouse, the biological parent, raise your step-child? And, do you wish to formalize your relationship with this child through step-child adoption? Taking this step means the child will legally be your child. Here are a few things to consider before doing so.
For a step-parent to adopt a child, the other biological parent’s parental rights will need to terminate. In some cases, the biological parent may consent and allow the adoption. However, if consent is denied, termination of parental rights must be legally proven. Therefore, understanding Tennessee Law to identify the appropriate legal grounds is essential to step-child adoption. Once the termination takes place, the step-parent adoption can proceed.
I often enjoy assisting with a Step-parent or Grandparent adoption. It is one of the most enjoyable aspects of my job. While the adoption process can be complicated, in some cases, it can be handled very quickly if a birth parent consents.
In Wilson, Smith, and Macon Counties, Step-parents and certain other family members can usually have adoptions approved without a six-month waiting period or a home study. In certain circumstances, the law allows the Judge to waive those requirements when the adoption is between family members. The law often requires the biological and/or legal parent to consent to the adoption. In other cases, their actions will cause them to have their rights terminated. Once this termination becomes final, the adoption can be granted.
Step-parent or Grandparent Adoptions can be handled quickly and efficiently.
If we have consent to the adoption, we prepare the legal paperwork for the consenting parent to sign. Then, within days, try to get in front of the Judge to approve the adoption.
In other cases, where a parent won’t consent to the adoption but they have not visited or paid support for several months. We will serve that parent with a Petition for Termination and Adoption and move for default against them. Therefore, they terminate their rights and ask the Court to approve the adoption.
Wilson, Smith, and Macon County Judges can approve these adoptions in both Circuit and Chancery Court.
Both Judge Byrd and Chancellor Smith go out of their way to make the event a happy occasion. Clients are encouraged to bring family to Court to celebrate the big day. Photos and videotapes are welcome by the Judges. The Judges will often pose with the family after the adoption as well. Court can often be an unsettling place. However, adoption approval day is a celebration for our clients, the lawyers on hand, and the Judges.
