• Consent for Stepparent Adoption Jennifer Fairfax, LLC

    ADOPTIVE FAMILY SERVICES

    Sole Custody

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If I Have Sole Custody, Can My New Spouse Adopt My Child?

Stepparent adoption is a wonderful way to legally and emotionally affirm a new parent's permanent relationship with a child.

If you've married someone who is not the biological parent of your child, your new spouse can legally adopt your child.



Sole  Custody Adoption Services in Maryland, Virginia and Washington, DC

 Even if you have sole legal and physical custody and even if you haven’t heard from or seen from your child’s other biological parent in years, that parent’s rights must still be addressed by the court. And, if the adoptee is a minor, the court must serve the other legal (biological) parent with notice of the adoption.


If the other biological parent objects, the case proceeds as non-consensual, and there is usually a trial to address the non-consenting parent’s rights. If the other biological parent does give their consent to the adoption, their legal parental rights will be terminated by the court so that the stepparent may assume those legal rights and responsibilities.


One of the most common things we hear from clients is, “I have sole legal and physical custody and the other parent doesn’t even have visitation rights. Does the other biological parent still have to be involved in this decision?”  Yes.  Loss of custody does not terminate parental rights. The other biological parent must be served with notice of the adoption.


We know the differences between custody and parental rights can be a bit confusing, and you may have some questions about when
 a stepparent adoption can take place. Below, we’ll try to answer your questions. If you have additional questions or feel ready to begin the stepparent adoption process, contact us now.


FAQ About Sole Custody and Adoption

Custody matters aren’t always legally straightforward, even when the emotional situation seems simple. If only one person takes day-to-day care of a child, shouldn’t they be the only one involved in important decisions regarding that child?

It's not quite that simple.

We know you probably have some questions based on your scenario.


Here are some questions we frequently receive:

  • “If I have sole custody, can my new husband adopt my child?”

    Typically, yes. This is called a stepparent adoption, and we can help you complete one. Learn more about this type of adoption here, or contact us to get started.


    Keep in mind, however, that even if your child’s other biological parent does not have legal or physical custody, they still have parental rights. Those rights must be addressed before an adoption can occur.


  • “Can I adopt a stepchild when other parent has no custody?”

    There is a difference between custody and parental rights. Your stepchild's other biological parent probably still has legal parental rights, even if they don't have custody. The other biological parent's rights must be terminated before you can adopt your stepchild. This means the other parent will need to be served notice of the stepparent adoption

  • “I have sole custody. Can my husband adopt without the consent of my child’s biological father?”

    No. In most situations, your child’s biological father will need to give his consent to the stepparent adoption process or at least be served notice. His legal parental rights must be terminated before your husband can assume those legal rights.

  • “Can my child be adopted if I don't have custody?”

    Even if you don’t have custody of your biological child, you likely still have legal parental rights. Your child can only be adopted after your parental rights have been terminated in court. This can be done voluntarily (you give your consent to the pending adoption), or sometimes, involuntarily  (if a court finds that termination of your rights is within the best interest of the child). If there is a pending adoption and you are a legally recognized parent (on the birth certificate or a court order stating you are the parent), you will be served notice. If you are a putative father (no court order and not on the birth certificate), you may receive notice depending on the state law where the adoption is pending.


  • “Custody” and “Parental Rights” Are Not the Same Thing

    In most custody cases, both biological parents retain their legal parental rights, even if only one of them has legal or physical custody of the child. For a stepparent adoption to take place, the parental rights of the non-custodial parent must be legally terminated.


    Typically, this means the non-custodial parent needs to give their consent to the adoption and voluntarily terminate their legal parental rights. In some situations, the non-custodial parent's legal rights may be involuntarily terminated if the court rules that doing so is in the best interest of the child.


    We're here to answer any questions you have about a stepparent adoption based on your unique circumstances. 


Ready to move forward with the stepparent adoption process? Have questions? Reach out to schedule a consultation now.