Utah Stepparent Adoption
Stepparent adoption is a legal process that enables a stepparent to adopt their spouse’s child, establishing a permanent parent-child relationship. This process offers emotional and legal security for the child and strengthens family bonds. It also provides the child with a sense of stability and belonging. Legally, it grants the stepparent the same rights and responsibilities as a biological parent. This is especially crucial if the spouse should pass away in the future. Without a formal adoption, the surviving biological parent would generally be next in line to assume custody of the child and would automatically become the child’s legal guardian. In such cases, the stepparent would have no automatic legal right to custody. Instead, the stepparent—or other interested parties—would need to petition the court for guardianship or custody, which is not guaranteed and may be contested. Additionally, without adoption, the stepparent would have no legal right to visitation. The surviving biological parent or any appointed guardian would have full authority over the child’s care and visitation arrangements.
To ensure your rights and secure your place in the child’s life, it’s essential to complete the stepparent adoption process. In Utah, there are specific criteria that must be met for the court to grant a stepparent adoption. It’s important to note that the stepparent must be married to the child’s custodial parent and must have lived with the child for at least six months. Additionally, the non-custodial parent must either consent to the adoption or have their parental rights terminated. The rules regarding consent and notice to the natural parent are the same as in all other types of adoptions. Additionally, if the child to be adopted is at least 12 years of age, his or her consent is most likely required.
As expected, a stepparent adoption creates a permanent and irrevocable relationship between the stepparent and the stepchild, and in law, the newly created relationship is no different than if the child were born to the adoptive parent. As such, the non-custodial biological parent’s rights are permanently and irrevocably terminated. Moreover, the adoptive child may be able to inherit from the adoptive parent via intestate laws as a natural child could. Finally, if the adoptive parent and the child’s natural parent were ever to become separated or divorced, then the adoptive parent will be responsible for support of the child, will be entitled to parent-time rights, and may seek custody of the child.
In order for a court to issue a Decree of Adoption, it must have both personal and subject matter jurisdiction. Although adoptions are exempt from the Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), other laws may affect a court’s ability to have jurisdiction over an adoption. If there has ever been a child custody or visitation determination made by a court in another state regarding the stepchild, we strongly encourage you to schedule an appointment with us to review the facts and determine the best possible course of action.
Because stepparent adoptions in Utah can be very complicated, we strongly encourage those who are seeking to adopt their stepchild to consult with us. If you’re considering stepparent adoption and have questions such as “What if the biological parent refuses to consent?”, “How long does the stepparent adoption process take?”, or “What are the costs involved in stepparent adoption?”, contact our office for a consultation. Our experienced legal team can guide you through the process, provide personalized advice, and ensure your case is handled with the utmost care. We are here to help you every step of the way and address any questions or concerns you may have.
Call us today to schedule your consultation and take the first step toward solidifying your family’s future.