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Procedure options for Stepparent Adoption
The procedure you will follow to adopt your stepchild depends, in large part, on the absent parent. If the absent parent isn’t available or won’t consent, your adoption will involve more work. In some instances, adoption may even be impossible. This chapter tells you how to select the procedure you need.
A. If the Absent Parent Consents If the absent parent consents to the adoption, the process is relatively quick and simple.
Out-of-Wedlock Births: If your stepchild was born out-of-wedlock, in most states the natural father can give his consent without admitting paternity.
B. If You Can’t Find the Absent Parent In most states, if you, your stepchild and your spouse are all in favor of adoption, but you can’t find the absent parent to get his consent, you can probably adopt without the missing parent’s consent on one of three legal grounds:
1. Willful failure by the missing parent to support the child.
2. Abandonment by the missing parent.
3. Out-of-wedlock birth—no “presumed” father. You must be able to prove one of these grounds. The law is very protective of a natural parent’s legal relationship. Only when the parent fails to exercise the responsibilities that go along with this right—to communicate with or support his child—will the courts allow interference. You should also see a lawyer if there is any doubt about your ability to prove the facts, or if you are unsure whether or not sufficient grounds exist. There are some additional grounds (for example, mental illness of one parent) that are not included in our discussion. Because of the specialized nature of these other grounds, you should see a lawyer if you want to use them.
Indian Child Welfare Act Are you a stepparent petitioner who has reason to know his or her stepchild is of Native American heritage? Do you plan to adopt without the consent of the missing parent on the basis of “willful failure” or “abandonment”? If your answer to both questions is “yes,” you will need to make a good faith effort to comply with the requirements of the Indian Child Welfare Act (the Act). Even if your spouse is the only parent of Native American descent, you should still comply with the Act. Failure to comply with the Act could result in the invalidation of the adoption. When a child or the child’s natural parent(s) are alleged to be Native American, the processes outlined under the Indian Child Welfare Act, 25 U.S.C. 1901, will come into play. Such things as notice to the appropriate tribal entity, confirmation of the Indian or Native American heritage as well as the intentions of the tribe to intervene or be a party to the proceeding are examples of what is required under this Act. The role that the tribal entity plays in these matters occurs when the confirmation of the Native American or Indian heritage as to membership or eligibility thereof has been received. If the alleged tribe of jurisdiction reports no membership evidence for the parties that were requested, then this Act does not apply to these proceedings.
Representing Yourself It’s legally permissible to represent yourself in court without a lawyer. The technical term for this is “In Propria Persona” (or “In Pro Per”), which means “on one’s own behalf.” You indicate that you are handling your legal action yourself simply by placing your name, address, and phone number followed by “Petitioner In Pro Per” at the upper left of the petition and other documents you file with the court. (Some states refer to representing your self as filing "In Pro Se" rather than "In Pro Per".)
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