Families come in all shapes and sizes. If you are the stepparent of a child, you may want to formalize your relationship and make sure you can provide for that child the same as you would for a biological son or daughter. Here is a stepparent adoption document checklist you can use to reduce the chance your case is delayed or denied.
What Counts as a Stepparent Adoption in Michigan?
Michigan has multiple different types of adoption, from placements done by private and state-run agencies to relative and direct placements. But one of the most common is a stepparent adoption. This legal process allows the spouse of a child's unmarried or custodial parent to step into the role of legal parent for his or her stepchild. Once a stepparent adoption is finalized, the parent and stepparent are treated equally under Michigan law.
Unlike some other states, Michigan does not currently have a “second parent adoption” law that would allow two unmarried people to be declared the legal parents of a child they are not biologically related to. Instead, the petition must be filed by the child's existing custodial parent, and the child's parents must either be unmarried or have gone through a divorce. Unless the non-custodial parent consents to the adoption, that other parent must also have substantially failed to financially provide for, visit, contact, or communicate with the child for at least two years.
Stepparent Adoption Document Checklist
The Michigan stepparent adoption process involves a lot of paperwork. One of the most common causes for delays in adoption proceedings is a missing document or court order. You can help avoid this roadblock by using this stepparent adoption document checklist to prepare for your adoption with the help of an experienced stepparent adoption attorney.
The legal documents prepared by your stepparent adoption attorney will include:
- Petition for Adoption
- Consent to Adoption signed by the non-custodial parent (if he or she is willing)
- Supplemental Petition to Terminate Parental Rights (if no consent is possible)
- Petition for Hearing to Identify Father (if no legal father exists)
- Consent to Adopt signed by any children age 14 or older
- Financial accountings
- Notice of Hearing
- Proof of Service
In addition, you will need to provide several documents to the Court in support of your Petition for Adoption:
- Each child's birth certificate
- Acknowledgement of Parentage or Order of Filiation identifying the legal father
- Custodial parent's birth certificate
- Adopting stepparent's birth certificate
- Drivers' licenses or state IDs for custodial parent and stepparent
- Petitioners' marriage certificate to each other
- Prior marriage certificates for the custodial parent and stepparent
- All Judgments of Divorce for any party (including the non-custodial parent)
- Death certificate if the non-custodial parent or a former spouse is deceased
- Child support orders (in non-consent cases)
- Friend of the Court payment and arrearage reports (if a child support order exists)
- Any current custody and parenting time orders
- Any name change orders
- Criminal background checks for the custodial parent and stepparent
- Immigration documentation (for non-citizen petitioners)
- DHHS Central Registry Clearance for stepparent and other adults in the home
- Home Study
The specific forms and documents can vary slightly from county to county. Depending on where you and the child reside you may also need to provide:
- County-specific Adoption Report forms
- Medical reports for each child
- Report cards for each child
- Reference letters from non-relative contacts
Finally, you should be prepared to pay several filing fees and related costs, which vary by county, including:
- Petition fee
- Home Assessment fee
- Birth Certificate fee (costs may vary for children born in other states)
- Motion fees
- Publication fees (amounts vary) if needed to locate a non-custodial parent
- Fingerprinting and background check fees
- Home study fees
- Central Registry check fees
Why You Should Work with a Stepparent Adoption Attorney
Working with an experienced stepparent adoption attorney is the best way to make certain everything is filed properly and according to your local court's rules and procedures. Your attorney will know what you need to do to finalize the adoption in your local courts, and make sure everything is completed correctly.
In addition, working with a stepparent adoption attorney can improve your chances of overcoming an objection by your child's non-custodial parent. Because these cases involve the termination of parental rights, courts take them seriously, and so should you. The respondent in a stepparent adoption case can often request a court-appointed attorney. Having someone on your side to make your case evens the playing field, and makes sure that you and your spouse can give your stepchild the stability, finality, and support they need to grow and flourish.
Get Help with Stepparent Adoption from a Michigan Family Lawyer
At Bebout, Potere, Cox & Bennion, P.C., we care about you and your family. We help individuals and families in Rochester Hills, Rochester, Troy, Lake Orion, Oxford, Oakland County, Macomb County and throughout Southeast Michigan. We can help you petition for and receive a stepparent adoption, to ensure all your children are legally protected. Call us at 248-651-4114 or contact us here to speak to an attorney.
