Stepparent Adoption in Minnesota

Stepparent Adoptions in Minnesota

 

Family law inevitably involves family transitions form divorce, to custody to adoption.  One particular type of transition is a stepparent adoption for blended families.

 

Though a Stepparent plays an important role in a child’s life, formalizing that stepparent as a parent gives them certain additional rights including the ability to take part in making medical decisions, be involved in their education, and, in the event of your marriage to the biological parent ending, maintaining custody or parenting time rights.  

There are three basic parts to a Stepparent adoption with many subparts in each step.

 

STEP ONE:

 

Minnesota law allows to two legally recognized parents. As a result, A one biological parent must have their rights terminated for a stepparent to legally adopt.  This may occur with an agreement or in an adversarial termination of Parental Rights Proceeding. Without an agreement of the biological parent, a termination of rights is unlikely. Even if abandonment has occurred, an absentee parent’s decision to belatedly to try and become involved can result in a termination being delayed or denied.  The easiest way is if  there is a consent, that often occurs when an absentee parent wishes to terminate child support or acquire an agreement to forgive child support arrears owed to the  petitioning parent.    

 

A consenting parent signs a consent form stating that they are giving up their parental rights of their own free will and waive notice of any hearing.   The biological parent has 10 business days to revoke the consent if they change their mind.

If the child to be adopted is over the age of 14, the child must also sign a consent stating their willingness to be adopted.

 

STEP TWO:   After acquiring a consent, the parent seeking to have the stepparent adopt must file a stepparent adoption petition.  You will also need the child’s birth certificate and the consents form Step 1. There must also be a post-placement assessment and that the stepparent seeking to adopt has been a resident of Minnesota for at least a year. The court can waive these requirements if a proper motion is filed.

 

STEP THREE: The petitioning parent and their spouse parties and the child appear in court to finalize the adoption. A certificate of adoption is then signed  and all parental rights of the other biological parent are terminated.