If you are married to someone who has a child from a previous relationship, you may be interested in becoming that child’s legal parent. An attorney can help you navigate the adoption process.
To legally adopt a stepchild in New York, there are several steps you must take, including the ones mentioned below.
Certification process to become a qualified adoptive parent
If you have lived with the child you are adopting for more than a year prior to filing your petition, you will not need to go through this process. However, if you do not meet these criteria, you will need to be certified.
Consent from biological parents and children over the age of 14
Before you can become the legal parent of your stepchild, the child’s biological parents (your spouse and the child’s other parent, who will be terminating their parental rights) will have to agree to the adoption, unless the court determines that consent is not needed. If the child is over the age of 14, they must also consent to the adoption.
Fingerprinting and home study
You will have to get fingerprinted to ensure that you do not have a disqualifying criminal conviction or a history of child abuse or neglect. A social worker may also conduct a home study to determine whether the adoption would be in the child’s best interests. The social worker may visit the family home and interview the family to determine whether the living environment will be healthy for the child.
Benefits to adopting a stepchild
There are several benefits that come with legally adopting your stepchild and becoming the child’s legal parent. As a legal parent, you will have the right to make decisions relating to your stepchild’s care (e.g., medical care or education), just as a biological parent would. Your stepchild will also be able to inherit your assets, even if you do not have a will, as well as receive social security survivor benefits.