Ok, your new spouse and you have decided that he or she wishes to adopt your child from a prior relationship. Congratulations! There is just one problem: you're not sure how to go about fulfilling your dream. The following is intended to be a basic primer of how the Step-Parent Adoption Process works.
STEP-PARENT ADOPTION (BY CONSENT): In this scenario, a person seeks to adopt his or her spouse's child from a former relationship with the consent of the other parent.
The steps are fairly simple. A Petition is prepared naming the parent seeking to adopt as the Petitioner. The Petitioner's spouse signs a document indicating that he or she consents to the adoption. The other parent signs a similar document consenting to the adoption and the termination of his or her parental rights. These documents are attached to the Petition along with a copy of the child's birth certificate. The Petition is then filed and orders are obtained appointing a Guardian Ad Litem (attorney for the child) and setting the adoption hearing.
After the Petition is filed, the parent whose parental rights are being terminated must receive proper notice of the pending action. He or she may either accept the documents voluntarily by signing an Acceptance of Service or may be served with the documents by a sheriff's deputy or private process server. The Guardian Ad Litem must also be given notice.
Prior to hearing the Guardian Ad Litem will do an investigation of the proposed parent. Depending on the age of the child and the circumstances, the Guardian Ad Litem may also interview the child and any others deemed necessary. Assuming the Guardian Ad Litem finds that the proposed parent is qualified and that the adoption is in the child's best interest, the Guardian Ad Litem will file a report urging the court to approve the adoption.
The adoption hearing is fairly informal. Most Judges love doing adoptions and will pose for pictures and take other actions to make the hearing a memorable and enjoyable experience. The Judge makes findings that the statutory requirements have been met and approves the adoption. A new birth certificate will then be issued for the child along with a new Social Security card.
STEP-PARENT ADOPTION (CONTESTED): In this scenario, a person seeks to adopt a spouse's child from a former relationship without the other parent's consent. A contested step-parent adoption is different from a step-parent adoption by consent in several important respects. First, it is a two-step process. The first step is to terminate the parental rights of the contesting parent.
The burden is on the proposed parent to prove by clear and convincing evidence that the contesting parent's parental rights should be terminated and that the termination of parental rights is in the child's best interests. The most common grounds for termination are:
1) the parent has abandoned the child;
2) the parent has failed to pay support despite being court ordered to do so; and
3) the parent does not object after being given notice or after all reasonable efforts to give notice have been exhausted.
Procedurally, a Petition is filed naming the proposed parent as the Petitioner and the non-consenting parent as the Respondent. Along with the Petition, Orders appointing a Guardian Ad Litem and setting a hearing are obtained. No consent from the spouse is needed at this point.
The contesting parent is then served with the Petition. Served means he or she receives notice of the pending action, the relief sought, and the need to appear and defend. He or she may either accept the documents voluntarily by signing an Acceptance of Service, or be served by a sheriff's deputy or private process server. The Guardian Ad Litem must also be given notice.
Prior to final hearing the Petitioner, with the assistance of the attorney will obtain and prepare information to show the court in support of the claim that the other parent's parental rights should be terminated. Also prior to the final hearing, the Guardian Ad Litem will do an investigation of the contesting parent, and the proposed parent. Depending on the age of the child and the circumstances, the Guardian Ad Litem may also interview the child and any other persons deemed necessary. The Guardian Ad Litem will then make whatever recommendation he or she believes is in the best interest of the child. While not binding on the court, the recommendations of the Guardian Ad Litem are normally given a fair amount of wait.
The hearing itself is tried to a Judge. Jury trials are not permitted. Both parties can present information to the court in support of their position. The court's primary concern and consideration is the best interests of the child.
If the court determines that the proposed parent has met the burden of proving a ground or grounds for termination of parental rights and that the termination is in the best interests of the child, the court will enter an Order terminating the parent's parental rights. Either party may appeal the Judge's ruling to the Iowa Supreme Court. If the parent whose parental rights are terminated appeals, no adoption can occur until the appeal has been concluded.
If the court has terminated parental rights or its decision to terminate has been affirmed by the Iowa Supreme Court, then a Petition for adoption may be filed. The procedure from this point forward is similar to the step-parent adoption by consent discussed above.
NOTE TO READER: THE FOREGOING INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE NOR IS IT INTENDED TO TAKE THE PLACE OF LEGAL CONSULTATION WITH AN ATTORNEY. IF YOU WOULD LIKE TO DISCUSS THIS MATTER FURTHER, PLEASE NAVIAGTE TO OUR "CONTACT US" PAGE AND FILL IN REQUIRED INFORMATION. IF YOU DISLIKE TYPING, CALL US (515) 288-3333 MONDAY THROUGH FRIDAY 8A TO 5P TO SET UP AN APPOINTMENT.
