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Simple English definitions for legal terms
stepparent adoption
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A quick definition of stepparent adoption:
Stepparent adoption is when a stepparent legally becomes the parent of their spouse's child. This is the most common type of adoption in the United States. It usually happens when the child's other parent has given up their rights, passed away, or has been found to be abusive or neglectful. In some cases, a court may decide that a parent has abandoned their child if they haven't been involved in their life for a year. In California, stepparent adoption means that one birth parent still has custody of the child.
A more thorough explanation:
Stepparent adoption is a legal process where a stepparent who is married to a legal parent of a child becomes the child's legal parent. It is the most common type of adoption in the United States. Stepparent adoption can happen when:
- The child's non-custodial parent voluntarily gives up their parental rights
- The child's non-custodial parent has died or disappeared
- The court terminates the parental rights of the biological parent due to evidence of abuse or neglect of the child
- The biological parent has abandoned the child by not being involved in their life for at least one year
For example, if a child's biological father has not been in contact with them for over a year and has not provided any financial support, the child's stepfather may be able to adopt them and become their legal parent.
In California, stepparent adoption specifically refers to an adoption where one birth parent retains custody and control of the child.
Overall, stepparent adoption allows a stepparent to become a legal parent and have the same rights and responsibilities as a biological parent.