Five Things to Consider When Adopting From a Previous Marriage

It is more common than ever before for people to get divorced and remarry later on. By necessity, however, this also means more people will be entering a marriage with a child from their previous marriage. When this happens, it is common for newlywed spouses to adopt their spouse’s children from outside the marriage. Here are five things you should consider when adopting from another marriage:

1. Is your spouse okay with you adopting your child?
   • The first person that must be convinced to allow the adoption is your other spouse. As their current legal or biological parent, they have the inherent right to deny an adoption by their child’s stepparent if they do not consent to it. Presumably, though, you would not even consider adopting their child from their previous marriage if they were not on board with the idea.
2. Is the child’s other parent okay with you adopting their child?
   • The more complicated issues arise when you need to secure the permission of the other biological or legal parent, the one you are not married to. So long as they retain their parental rights, they can choose to reject the adoption and prevent it from happening. The only situation where this is not the case is if the other parent has abandoned the child, or otherwise lost their parental rights.
3. Does the child want to be adopted?
   • The third person that may need to consent to the adoption is the child themselves. Under New York law, if they are more than 14 years old, they have the legal right to consent to, or refuse, an adoption. If they are old enough to give or refuse consent and they do not want to give consent, the adoption will not go through.
4. Are you prepared to be investigated for suitability as an adoptive parent?
   • Like any other adoption, the court will order an investigation into you to ensure that you will make a suitable parent for your stepchild. This usually means that a social worker will come to speak to you, investigate your home for any potential problems, and determine if the adoption is in the best interests of the child. Without their approval, there will be no adoption, even if everyone involved consents to it.
5. Do you have any legal issues that would impair your ability to adopt?
   • While not an issue for all parents, a prior felony conviction could impair your ability to adopt a child. This is especially true if you have a violent conviction, or if you have a conviction related to domestic abuse or child abuse. However, you may be able to resolve this issue with the assistance of legal counsel, who can advise you on the steps you need to take to ensure you are able to adopt your spouse’s child.

If you have questions regarding any aspects of family law, you should seek advice from an attorney experienced in handling these matters. A New York matrimonial lawyer, who is experienced in handling family law cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute related to the equitable distribution of property, child custody, child support, or any other family law issue, contact the Suffolk County family court lawyers at McGuire, Peláez and Bennett at (631) 348-1702, or visit our contact page.