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San Jose Family & Divorce Lawyers / San Jose Stepparent Adoption Lawyer

San Jose Stepparent Adoption Lawyer

When a person marries someone who has children from a previous relationship, they may wish to adopt them as their own. This is called a stepparent adoption and it is a great way to formalize the relationship a child has with their parent’s new spouse.

An adoption offers many benefits for the adult. It gives them the ability to make decisions on behalf of their stepchild regarding medical care, school, religion, and other important life issues. Stepparent adoption also offers love, security, and a sense of belonging.

If you are ready to take this step, contact a San Jose stepparent adoption lawyer from Argyris Mah, LLP to learn more about the process.

Do I Need a Lawyer for an Adoption?

If the biological parent is no longer involved in the child’s life because they are either deceased or willing to sign a consent to the adoption, it is possible to complete the necessary paperwork on your own by obtaining a packet of forms from the court. However, if the biological parent cannot be located or is unwilling to give their consent to the adoption, it will most likely be necessary to hire a lawyer.

A lawyer can take the appropriate court action to terminate the person’s parental rights. They can also work quickly and efficiently to get your paperwork done right the first time and to make sure that it goes through the process smoothly and painlessly.

Process for Stepparent Adoptions

In California, the process of stepparent adoption involves several steps, including:

  • Consent of the biological parent. Both biological parents must consent to the adoption unless their parental rights have been terminated for some reason. If the other parent will not give their consent to the adoption, you can take steps to petition a court to terminate their parental rights. You will have to prove to the court that the other parent has either not exercised their parental rights for some time now, has abandoned the child, or is unfit to be the child’s parent due to abuse or neglect.
  • Petition for adoption. The stepparent must file a petition for adoption in the appropriate court. This typically involves submitting various forms and documents.
  • Home study. A home study may be requested by the court to evaluate the suitability of the stepparent’s home environment for the child.
  • Court hearing. A court hearing will be scheduled where the judge will review the adoption petition and may ask questions to ensure that the adoption is in the best interests of the child.
  • If the court approves the adoption, a finalization hearing will be scheduled. The adoption will be legally finalized, and the stepparent will become the legal parent of the child.

Contact the San Jose Stepparent Adoption Lawyers At Our Office Today

Adopting your spouse’s child is an exciting process, but there may be some complexities along the way. Having a lawyer on your side can expedite the process and avoid common mistakes. A San Jose stepparent adoption lawyer from Argyris Mah, LLP can guide you through the process with ease. To schedule a consultation, call (408) 214-6366 or fill out the online form.