A stepfather can become the legal father of his stepdaughter.
Adoption by a stepparent is the most common type of adoption, according to the U.S. Department of Health and Human Services Administration for Children and Families. A stepfather might choose to adopt his spouse's biological child for many reasons -- perhaps the biological father is not involved or the stepfather has raised the child. In order to be adopted by your stepfather, you have to consider your state's regulations for adoption.
Obtain Biological Parents' Consent
State courts require the consent of both biological parents for a stepfather's adoption. While it is simple to obtain the consent of the stepfather's spouse, who likely supports the adoption, securing consent from the biological father might be trickier. State regulations define how the stepfather can obtain consent. In many states, including Alaska, a written statement from the biological father in which he gives up custody suffices. In others, the noncustodial father will have to stand before a judge to give consent.
Hire a Lawyer
A family lawyer familiar with the adoption process can be a useful asset when a stepfather wants to adopt. While some biological fathers willingly give up their parental rights to a child, others do not. Dealing with an unwilling noncustodial parent can make the adoption process more difficult. Some state courts will award custody to the stepfather even without the biological father's consent if it is in the child's best interest. Having an adoption attorney to guide you through the legal process can help a stepfather secure custody.
Complete State Paperwork
To initiate the stepparent adoption process, states typically have paperwork that the family must complete. Requirements vary by state. For example, California requires stepfathers to complete an Adoption Request form, which explains the stepfather and stepchild's relationship, and an Adoption Agreement, where both the stepfather and stepchild agree to the adoption. Stepfathers who want to adopt in Alaska must submit a Petition for Adoption by Stepparent and two Consent to Stepparent Adoption forms, one from his spouse and the other from the biological father.
Attend a Hearing
Most states will not grant a stepfather custodial rights until he stands before a judge to have his adoption case heard. This is the final step in the adoption process, taking place after the stepfather completes and submits all state-required paperwork. The U.S. Department of Health and Human Services Administration for Children and Families reports that a hearing can take place anywhere from a few weeks to a few months after you submit your completed paperwork. This hearing will determine the status of your adoption application.
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