Stepparents may want to adopt their stepchildren for practical reasons. Insurance, taxes and family stability can all influence the decision to complete a stepparent adoption.
Stepparents who want to strengthen their relationships with their stepchildren generally recognize they need the consent of their spouses. They also typically need to obtain permission from the other surviving parent of the child unless the state has already terminated their parental rights.
Stepparents may not initially realize that they also need to discuss the adoption with the child. Their permission can be an important part of the adoption process.
When can children weigh in?
Under New Jersey law, the consent of a child is required once they reach 12 years of age. They must agree in writing to a stepparent adoption for the legal process to move forward.
Younger children may not have to consent to the adoption for it to proceed, but discussing it with them is often still necessary. They may have emotional reasons to object to the adoption, such as fear of rejection by their other parent or a desire to maintain a connection to a parent who died.
Stepparents can potentially work through those emotional reactions with their stepchildren if they talk about the adoption in advance. Ideally, the process only moves forward when everyone is enthusiastic about adjusting the legal status of the family members.
Working with a family law attorney during a stepparent adoption can help people ensure they fulfill all legal requirements. The process of securing consent from necessary parties is often one of the biggest challenges in a stepparent adoption.