Can My Partner Adopt My Child if We Are Not Married

A second-parent adoption allows a person, a "2nd parent," to adopt a child without the "first parent" losing any parental rights.  In some states, this process can exist done whether  they are married to the other parent or non.

Although North Carolina has allowed for same-sex matrimony since 2014, North Carolina does non yet allow 2d parent adoptions. North Carolina does not permit ii unmarried people to adopt a child together.

What this means, practically, is that a same-sex activity couple must be married for the "second parent" to adopt the biological kid of their spouse every bit a stepparent.

Adopting Your Spouse's Child

Every bit a same-sex couple, if your spouse has a child, your marriage does non automatically grant you lot parental rights to your spouse'due south kid. That is true even if your spouse gives birth to that child.

Adoption as a stepparent is the best pick for couples where one spouse is a parent and they want the other spouse to have the same parental rights to the child. Creating a legal human relationship establishes enforceable parental rights for the stepparent, and it also protects the child's right to a relationship with the stepparent in the consequence of a divorce or the death of the other biological parent.

When a child has not been adopted by a stepparent, the stepparent has only very express legal say-so, and you may encounter some of the post-obit issues:

• You lot may not have custody or visitation rights in the event of a divorce
• Your child has no protection from being taken away if the biological parent dies or is unable to perform their parental duties

Northward Carolina law requires that a couple be married for at least six months prior to the adoption before y'all can prefer your stepchild. If you lot lived together prior to getting married, that fourth dimension will not count towards this requirement. In that location are exceptions to this rule.

After filing the petition, there are steps designed to ensure that the adoption is in the best interest of the child. These include the following:

• Criminal Background Check
• If the child is age 12 or older, the kid must consent to the adoption
• Home Visits or Post-Placement Visits
• Written report to the Court

The adoption process is circuitous and tin vary depending on your state of affairs. It's critical to have an experienced adoption attorney on your side to help you navigate the process.

Experience on Your Side

Bobby Mills has over 30 years' feel in adoptions in North Carolina and can help you with your adoption. adoption. If you are a member of a non-traditional family and wish to adopt your partner's child or have your partner adopt your kid, please call us today at 919-306-2899 to ready a consultation.

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Source: https://www.millsadoptionlaw.com/second-parent-adoption/