In Ohio, a stepparent can adopt their spouse’s child. To do so, the stepparent must meet various legal criteria and complete the adoption process. Ultimately, the process for adopting a child in Ohio can be incredibly difficult. An adoption attorney can guide a child’s stepparent and legal parent through this process and help them avoid mistakes along the way.
When a stepparent chooses to adopt a child in Ohio, they are making a decision that will have long-lasting implications for their family. A Toledo adoption lawyer understands what adopting a child means for your family. We offer comprehensive legal guidance and support and will do everything they can to make the adoption process as seamless as possible.
Why Will a Stepparent Adopt a Child in Ohio?
A stepparent will adopt a child to formalize the relationship between the two of them. Once the adoption is complete, the stepparent will have the same rights and responsibilities as the child’s legal parent. Thus, adoption can strengthen the bond between a stepparent and their child and solidify the family unit.
Completing the adoption process can also terminate the parental rights of a non-custodial parent. If a non-custodial parent gives up their parental rights, they are relieved of their parental obligations. At this point, the stepparent can assume these responsibilities.
Of course, it is a big decision for a stepparent to finalize a child adoption in Ohio. As such, it is beneficial for a child’s stepparent and legal parent to meet with a Toledo family lawyer to find out what the adoption process entails. From here, the stepparent can make an informed decision about whether to proceed with adopting their spouse’s child.
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How Can a Stepparent Adopt a Child in Ohio?
The conditions required for an adoption are outlined in Ohio Revised Code (ORC) Section 3107.081. Below are the steps that a stepparent will need to complete to adopt their spouse’s child in Ohio.
1. File a Joint Petition With the Child’s Legal Parent
A child’s stepparent and legal parent must submit a petition to the court to request the adoption. They will ask the court to terminate the other legal parent’s rights and establish the stepparent as the child’s legal parent.
Sometimes, the child’s other legal parent will agree to terminate their parental rights. Or, the court will terminate these rights if it deems it is in the child’s best interest.
2. Complete a Home Study and Background Check
A social worker or agency will conduct a home study of the stepparent to evaluate this individual’s residence and their ability to parent a child. The stepparent must also undergo a mandatory background check focused on criminal history, child abuse, and neglect.
3. Final Hearing
A judge reviews evidence and may interview the stepparent, legal parent, and child. Depending on the situation, the judge may issue a temporary or final decree of adoption. A temporary decree will automatically become final after six months.
As you go through the adoption process, it helps to have our Toledo adoption attorneys who have received many positive client reviews on your side. Your lawyer will handle your legal matters with care. They will describe when a stepparent can adopt a child in Ohio and if they meet the criteria for adopting their spouse’s son or daughter.
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When is a Stepparent Able to Adopt a Child in Ohio?
Before a stepparent can complete the adoption process, they must be married to a child’s legal parent. Additionally, both of the child’s legal parents must consent to the adoption. For most adoptions, the child does not have to consent. If the child is 12 or older, they must consent to the adoption.
There are times when a stepparent can adopt their spouse’s child in Ohio without the other legal parent’s consent. If the other legal parent is deceased or had their parental rights terminated previously, the court could approve an adoption without their consent.
Unfortunately, if you are a stepparent, the other legal parent can contest your adoption, slowing down the process of adopting your spouse’s child. Our adoption lawyers know how to address this legal challenge and many others. They will put you in a great position to finalize your adoption promptly.
The Bottom Line on Having a Stepparent Adopt a Child in Ohio
Adoption can be a terrific step forward for a child, their legal parent, and their stepparent. Yet, when it comes to the adoption process, there is a lot to consider. Adoption attorneys can teach you about this process. If you are a stepparent who is ready to complete the process for adopting your spouse’s child, our lawyers can help you get the optimal results.
Groth & Associates has more than 100 years of combined experience on our team. If you are interested in adopting your stepchild or want to begin this process, we are here to help. For more information, contact us today.
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