The definition of a nuclear family has changed, and families no longer fit into a cookie-cutter mold. Blended families with stepparents, grandparents who’ve adopted their grandchildren, and multigenerational households are common throughout Texas. In homes with a stepparent, the bond between stepparent and stepchild is often so strong that they want to make their relationship official through adoption.
Benefits of Stepchild Adoption
Aside from strengthening your family bond and creating a lasting, formal element to the emotional connection you already have, there are other adoption benefits. For example, when a stepparent has legal parental rights, so many of the daily activities they are already completing will be made more accessible. School documents and records, doctor appointments, and many other things usually reserved for legally-recognized parents will be available to stepparents after an adoption.
Custody issues are common when couples with children go through a divorce, but if a stepparent does not have parental rights, they may not be considered in custody and visitation matters. If you adopt your stepchild, you will also have legal rights to custody should something happen to the child’s biological parent, your spouse.
Many families often find that there are financial benefits to adopting a stepchild. These vary, but the most common advantages apply to inheritance, taxes, and insurance benefits.
Adopting a Stepchild in Texas
If you are confident that this is the path your family would like to take, there are steps you’ll need to take to successfully adopt your stepchild. First and foremost, both biological parents will need to give permission. Your spouse is an easy yes, as they likely fully support this decision. However, you also need to consider the other parent’s rights in this situation.
If the other parent does not give their permission for the adoption, then in most cases, it cannot be performed. However, there are exceptions, most notably the termination of parental rights. This doesn’t just happen because you want to adopt your stepchild; this is a serious matter and only occurs under limited circumstances.
Upon either permission from both biological parents or termination of parental rights, a home study will then need to be completed. This may seem like an unnecessary step for many stepparents since the child is already living with you and under your care. Regardless of the history you have with your stepchild, the home study is a requirement. It is a way to prove to the court that you are emotionally, physically, and financially ready to adopt your stepchild.
If you’ve already been involved with raising and supporting the child, why is the court concerned with your financial status? The court will want to ensure they are appropriately granting parental rights to someone prepared for what that entails. While it’s true that having a lot of money is not a requirement for being a good parent, there is also a financial consideration due to the costs associated with adoption in Texas.
Children 12 and older are included in this process to an even greater extent than younger children. At age 12, a child is asked to consent to the adoption and will need to sign a document to certify they are desirous of being adopted by their stepparent. After these steps have been completed, you will attend a court hearing at which the adoption will be made official.
Don’t let confusion about the requirements or process ruin your family’s excitement. If you need assistance with stepchild adoption, The Fox Firm can help you focus on the joy of the occasion instead of worrying about the legal procedures. Contact us to schedule a consultation to discuss how we can help you and your family.