What Legal Forms Do I Need to Adopt My Stepson Without Using an Attorney?
There is an instructional course you can take to pursue the adoption of your stepson without legal representation. The first element of pursuing a stepparent adoption without an attorney is obtaining the appropriate legal forms. Examples of the forms necessary to adopt a stepchild are available through the clerk of the court.
Petition for Stepparent Adoption
The petition for stepparent adoption is the legal form that starts the adoption case. In the petition you set out your name, your spouse's name and the name of your stepson. You include your stepson's date of birth and how long he has lived in your house. You indicate whether the birth mother's or father's parental rights are terminated or need to be severed during the adoption proceedings.
A petition for stepparent adoption needs to be "verified." This means that you must sign it in front of a notary public with language that reads: "The undersigned hereby verifies on his oath that he has read the above and foregoing petition for stepparent adoption and that it is true and correct to the best of his knowledge and belief."
Relinquishment of Paternal Rights
Another form that is needed in a stepparent adoption case is a voluntary relinquishment of parental rights form if the birth mother's or father's rights are in place. The form clearly states that the birth parent understands that by executing the document she or he is forever terminating parental rights to the child. You must sign this form in front of a notary public (or in front of the judge if the birth mother or father elects to attend the adoption proceedings).
Home Study
In some instances, a home study form must be submitted to the court. A home study is an independent, professional evaluation of the home and history of the stepparent desiring to adopt the stepchild. Laws typically require a home study to be performed by a professional with a master's degree (or more advanced degree) in social work who specializes in performing these types of evaluations.
Many jurisdictions do not require a home study form to be submitted to the court if a minor child has lived with the stepparent for a set period of time (six months or more, for example).
Tags: birth mother, birth mother father, home study, mother father, parental rights, petition stepparent adoption