Step-Parent Adoption One of the most frequent ty...

Step-Parent Adoption

One of the most frequent type of adoptions, but least talked about is the Step-Parent Adoption. More complicated than it sounds, a step-parent does not automatically have the right to adopt a step child. The biological parents both must consent or default in the notification process( we will discuss this some more) to the process in order for it to happen. The typical senario is where a couple walks in with the Husband looking to adopt the child of the wife from a former marriage or relationship. The first step is to attempt to locate the birth father. The court requires that the parties do a "Diligent Search" in order to locate the birth father which can usually be done by an investigator. The usual methods to find an individual are used such as DMV searches, voter registration search etc.. If the investigator is unable to locate the parent, a diligent search affidavit is prepared and filed with the court in the event the parent is not found. If the parent is located, he must be advised of the attempted adoption and is given the opportunity to object. If the parent fails to respond, his silence is deemed an assent and the adoption may proceed.

This type of adoption as with all adoptions can either be done in the Surrogates Court or the Family Court in New York State.

The Mother and Step-Father need to proceed thereafter by obtaining a criminal background check (yes, Mom has to go through it as well) and both parties are checked to insure that there are no filings against them with Child Protective Services. The background check is done at the Police Precinct in Yaphank for Suffolk County residence and costs $20 per person. The results are usually mailed to the applicants within one weeks time.
A homestudy is ordered by the court once all of the preliminary documentation is completed and filed. The parties must all present documentation from their respective general practicioners to insure that they are healthy. Marriage licenses and birth certificates are needed for all parties including the child.

The homestudy is usually done by a court appointed evaluator to insure that the home and its inhabitants provide a healthy environment for the child.

Although this is usually a smooth procedure it is rather time consuming. If the parties are fastidious about getting their paperwork together in a timely fashion the process can move along faster.

This adoption requires only one court appearance at which time the parties are presented with their official documentation which will need to be mailed to Albany for filing.