Termination of Parental Right & Stepparent Adoption

I am occasionally asked if a stepparent can adopt their stepchild.  The Answer is - “yes- they can” but the process depends on the circumstances and it is not always easy.

 

Step-parent adoption, in Minnesota, involves four key steps: (1) termination of parental rights; (2) a petition for adoption; (3) background checks by court services; and (4) a final hearing.

 

If the child has an established biological parent or a presumed biological parent by virtue of that parent signing a recognition of Parentage or the Father’s Registry or through a paternity action, the biological parent’s rights must first be terminated. 

 

Termination of parental rights can take two forms: (1) voluntary; and (2) involuntary.

 

In a voluntary termination of parental rights, a biological parent signs a form that indicates a willingness to terminate their legal relationship with a child. Often, negotiations occur where the parent who is terminating will be offered financial incentives to agree to a termination like forgiving past child support arrears.  For a parent who has or wants no contact with their child, this can be a compelling incentive.   Once a termination of parental rights occurs, no child support is payable.

 

It is important to note, generally, the Court will only terminate a parent’s rights  if another individual is waiting to adopt the relevant child. If a parent is willing to execute the termination paperwork, the balance of the adoption process should run smoothly.

 

If a parent will not voluntarily relinquish their right to a child, the parent seeking to petition for a step-parent adoption can file a petition for an involuntary termination of parental rights. You should know, however, that the odds of successfully terminating on an involuntary basis are not great unless you can demonstrate a willful basis for the termination. The basis for termination include:

1. That the parent has abandoned the child. The abandonment must be willful and not a result of being deprived parenting time by the other parent or even by a court if efforts have been made to see the child;
2. That the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties of a parent even when social services have intervened;
3. that a parent is palpably unfit to be a parent;
4. that a child has experienced egregious harm in the parent's care.

Following an involuntary  termination, a separate petition for step-parent adoption is completed. The process involves bringing a petition to adopt before the court of the county where the child and stepparent are living, obtaining the formal, written consent of the remaining biological parent of the child, and verifying that the stepparent has no record of any violent crime or child maltreatment.

 

Once the petition is filed with the Court, court services, or some other social service division, will conduct whatever background checks they determine appropriate. It is important to note that every county is different in terms of their underlying work, so it can be challenging to predict a precise date for completion of the process.