ABA Family Legal Guide

Family Law

Children

Adoption

What is a stepparent adoption?

A stepparent adoption is one in which a child's biological parent marries someone who wishes to adopt the biological parent's child and is able to do so because the other biological parent consents or because consent is unnecessary. If a biological parent does not consent to the adoption of a child, the child cannot be adopted by another person unless a court first finds that the biological parent is unfit. If a parent is found unfit, that person's parental rights are terminated, and the child can be adopted.