Step parent adoption can be both straight forward and tricky.  It all depends on the facts of the case.

A step parent is someone who is legally married to the birth parent, which is usually the mother.  However, a father could have legal custody of a child and have his spouse petition the Court to permit an adoption.  The parties must be married.  

If you are the adopting parent, you should keep these thngs in mind.  If you are the step father, you need to check the putative father registry to see if the birth father has registered. More about that below.

If the birth father (or birth mother) is consenting to the adoption, then s/he will sign a form indicating so, and that will be filed with the Court.

The adopting parent can also indicate to the Court that the birth parent's consent is not required if that birth parent has failed to visit or support the child.  If that is alleged, the birth parent is still sent a notice of the hearing regarding whether consent is required, and can contest it if s/he can prove that either the other parent "hid" the child from him or her or that s/he did provide cash assistance or visited the child.  For example, if the other parent is in prison, s/he can still sent cards and send some money periodically to support the child, and then still be entitled to have to consent to the adoption.

In any case, the other parent is still provided notice of the adoption and notice of the hearing to determine if consent is required.

An assessor will also need to be appointed to conduct a background check and a home study.  If using the Court's assessor, there is an additional fee.

These cases can present very complicated issues that may develop very quickly.  For example, the issue of getting service on the other parent may be difficult if the adopting parent does not have a good address for service.

It always makes sense to contact an attorney to get these questions answered for your particular situation.  In fact, it is highly advised that you contact an attorney whether you are the adopting step parent or the non-adopting parent.  The attorney can identify these issues for you and suggest ways to work through them. 

Putative Father Registry

The putative father registration is time sensitive.  When you go to the sight you must enter the estimated due date of the mother or the actual date of the birth of the child. While you can register at any time, in order for the registration to serve as a way to preserve your right to consent to an adoption, you must register within 15 days of the birth of the child.  If an adoption is filed, the party filing must provide proof that the registry was searched and the result of the search.  If the party is arguing that consent is not required, the registry must show either that there was no registration or the registration occurred past the deadline.  Please go to the putative father registry  website to register. 

Need More Information?

If you would like a consultation, please feel free to call me at 216-780-0105 or you can email me by clicking this link.

I look forward to speaking with you.  We can even arrange an initial conference via Zoom.