Can I Adopt My Stepchild Without Consent?

You may have been active in most or all of your stepchild’s life. Understandably, you may consider them and love them the same as if they were your biological child. No matter what, you may want to make your bond and relationship with them official by legally adopting them. This is an honorable and noble action to take. Although you may be hesitant to get their other parent’s permission first, out of fear that they will dispute it, or simply because they are hard to get hold of and may further delay this process. Well, with that being said, please read on to discover whether you can adopt your stepchild without the other parent’s consent and how one of the seasoned Clarksville adoption lawyers at Fendley and Birch can help you follow this legal procedure properly.

Can I adopt my stepchild without the other parent’s consent?

Your stepchild’s other parent may not be an involved party for quite some time now. Regardless, it is generally impossible for you to go through the process of legally adopting their biological child without first getting their explicit consent. Here, this may be easier if the other parent simply signs a consent form. But if they initially refuse, you may pursue legal action and fight to have a court terminate their parental rights for legitimate reasons.

Of note, the only exception to this rule may be if a family court has already terminated their parental rights. This may have happened during their initial divorce proceedings from your stepchild’s custodial parent (i.e., your new partner), in which the court had enough proof to deem them parentally unfit (i.e., substance abuse issues, history of domestic violence, etc). Or, if this parent has unfortunately passed on. Lastly, if your stepchild is 18 years old or older and gives consent for you to adopt them.

What if the other parent does not respond?

Again, there is the possibility that your stepchild’s other parent is completely out of the picture. Meaning, you may have to go through great lengths to locate them and serve them with a petition or summons to appear in court to handle the matter at hand.

If they still do not respond to your efforts, though, you may petition the court for a default judgment. With this, you may argue that their absence in the court is an example of their absence in your stepchild’s life. Further, you must prove that you took every reasonable measure to properly serve them and allow them to fight to maintain a relationship with your stepchild.

We understand that you must be eager to start this process. So, without further delay, please schedule your initial consultation with one of the competent Clarksville family lawyers from Fendley and Birch today.