Adoption has become a catch-all phrase for numerous legal situations in which a non-biological individual assumes parental rights and responsibilities for a child. While adoption remains a life-long commitment to a child, it can involve a sometimes-complicated legal framework of paperwork, documents, and court dates. This legal labyrinth can be more confusing when involving terms like stepparent and second-parent adoption.
If your family is looking at adoption options, you must know the difference between these terms and what each type of adoption might mean for you.
Are Second-Parent and Stepparent Adoptions the Same in Michigan?
The simple answer is no. Second-parent and stepparent adoptions do not refer to the same situation. However, they are similar in establishing a non-biological parent’s legal rights and responsibilities for a child. In Michigan, adoption occurs when an adult assumes parental rights and becomes a child’s guardian through a court process.
What Is Second-Parent Adoption?
Michigan recognizes second-parent adoption, a situation where a non-biological parent adopts their partner’s child. In a second-parent adoption, the partner can adopt a child without the other biological parent having to terminate their parental rights.
Second-parent adoptions allow partners in same-sex relationships to adopt the biological child of their partner, strengthening family bonds and giving the partner legal rights to raise and make significant decisions on behalf of a child.
What Is Stepparent Adoption?
Stepparent adoption is separate from second-parent adoption. Under the stepparent adoption process, the spouse of a custodial parent can formally move to adopt their partner’s child. The custodial parent is the parent who retains majority physical custody of a child, meaning the child’s primary residence is with that parent.
In Michigan, stepparent adoption is permanent, and once finalized, the stepparent has the same legal rights and responsibilities as a biological parent. However, the other biological parent, the non-custodial parent, loses parental rights. The non-custodial parent can voluntarily terminate their parental rights to allow the adoption to move forward, or in extreme situations, a judge can involuntarily terminate parental rights. Stepparent adoptions can become contentious and complicated when a parent does not want to lose their parental rights and moves to contest the adoption.
Stepparent adoptions may also be complicated when older children are involved because minors over the age of 14 must also consent to the adoption before the court will approve it. Some of the legal requirements for adopting a stepchild in Michigan include:
- Documentation in the form of birth certificates, marriage certificates, divorce decrees, and other documents
- Termination of the other parent’s rights
- Child’s consent via a Consent to Adoption by Adoptee form if the child is over 14
- Filing and court fees
Filing a stepparent adoption also means the judge will order a Michigan Department of Health and Human Services investigation to review the child’s background and living situation and assess the suitability of the adoption before the court finalizes the stepparent adoption.
Why You Need an Experienced Michigan Family Law Attorney
Adoption can be a joyful process that helps you expand your family and provide a precious child with another loving and caring parental figure. However, the adoption process can be overwhelming for families, especially in cases where a biological parent does not wish to terminate their rights to allow a stepparent to adopt their biological child.
Working with an experienced and compassionate family law attorney who understands the Michigan adoption process is the best way to move toward achieving the most favorable outcome possible for your situation. An adoption attorney understands the legal complexities and nuances of family dynamics that make some adoption cases challenging. At Lisa Stern, our legal team focuses on your child’s best interests and crafts strategic and personalized legal solutions that meet your needs and address your concerns.
Lisa D. Stern advocates for your family while providing moral support to help you and your family get through this emotionally taxing time. She will take the time to get to know you and your family. She will evaluate all aspects of your situation that may impact child custody and parenting rights related to second-parent and stepparent adoptions.
Contact Attorney Lisa Stern to Help You Manage Your Adoption Situation
Stepparent and second-parent adoptions in Michigan can present unique legal challenges. Lisa Stern has experience managing all forms of Michigan adoptions and can guide you and your family through the process, helping to remove the stress and uncertainty from the situation. Since 1995, Attorney Stern has been working toward the best interests of her clients’ children. She is an aggressive advocate who works with clients in distressing emotional circumstances with compassion and empathy.
Call Attorney Lisa D. Stern’s office today or contact us online to arrange a discussion about your stepparent or second-parent adoption needs and learn more about how our team can help you.