Upon creating the new family there is always the question that arises, it is legal for a step-parent to adopt the step-children or not? The answer to the question if statistical significance can be achieved in many cases is, yes. Among various kinds of adoption, the step-parent adoption is the most prevalent in North Carolina. These are some facts that should need to be considered if you are planning for step-parent adoption in North Carolina.
1. You Have to Be Legally Married to The Parent of The Child
Adopting a child requires that a person must be legally married to the parent of the child in question. You have to be married to the parent that has the legal and physical custody of the child. Co-habitation with the child’s parent, though not uncommon, is not necessarily enough for child fostering. One of the conditions is that you must be legally married. Al though two unmarried biological parents can have access to the child on joint basis, the state will not allow you to adopt a child until you are married to the legal parent of the child or the child has no legal parent at all. Where adoption by step parent is concerned, this ensures that you are wedded to the parent of the said child both in terms of legal and physical custody.
2. The Child Must Live with You For At Least Six Months
You must have the legal marriage with the child’s parent and must cohabit with the child, not less than six months before the adoption. The North Carolina lawmakers have this residency requirement so that the two of you have ample time to familiarize yourselves with each other and to prepare for the challenge that lies ahead of you. That is if you have met the residency test, the state assumes that the home is suitable for the child and this leads to adoption.
3. Custodial Support of a Child Stops After Adoption Finality
When the adoption is complete, those people who have assumed the care of the child for many years become the legal parent or guardian of the child. Second, the other biological parent willingly renounces all their rights as well as responsibilities for the child. Disadvantages of relinquishing rights and responsibilities are that child support stops paying once an adoption process is complete. The birth parent who decides on termination of his/her/their parental rights in order for the adoption to go through is not legally required to financially support the child any further. However, this particular responsibility moves to the adopting parent.
4. But The Child’s Biological Parent Is Still, I Believe, To Pay Further Child Support
There is a notable exception specifically for a parent’s past-due child support amount. The parent need not be made free from owing back child support if he or she agrees to the adoption. However, as far as child support is concerned, the parent has to continue paying the outstanding child support arrears right up to the date of adoption even though future child support is not paid any longer.
5. If Ever You Get a Divorce, You Have the Same Rights as The Other Person as Far as The Child Is Concerned
The rights of a step-parent who adopts a child are as fully protected as is the case of a natural parent. They have all the rights that the biological parent has and are equally privileged. Equal rights are those under which if the two legal parents decide to get a divorce on the down the line, each of the two parents has the same status.
In custody and parenting time cases, the biological parent has got no priority over the adoptive parent. Besides, it imposes on both parents’ responsibilities for the children’s financial maintenance. For step parent adoption, what should be understood is that an adopting parent is in all legal aspects like the bio parent with regards to the child.
