Relative or Step-parent adoptions are some of the most joyful cases we handle. We love helping families make their little one – or sometimes their “big” one – an official part of their family!
Tiffany Fix has recently handled several such adoptions before our local courts. She shared the following: “I love helping clients with adoptions. Many times, we are involved in heartbreaking cases, or situations where there is no real win. An adoption is a win for the child, a win for the family. These are my favorite cases, and I am touched every time the Judge signs the Order and my clients beam with joy knowing that this child’s future is secured.”
There are several types of adoptions in Virginia, but step-parent or relative adoptions are the most common. Sometimes, a biological parent is unable to fulfil their parenting responsibilities due to death, substance abuse, or mental health disorders. In these cases, when children are left without a stable and secure parental relationship, family often steps in to give the child that sense of belonging and love. Many times, a step-parent expresses a desire to raise their spouse’s child as their own, realizing that true family is more than simply DNA. Occasionally, a grandparent, aunt, or uncle will step into that role and desire to formalize it with an adoption.
Adoption is a complicated process, even for a relative. The adoptive parent must be over 18, must live within the jurisdiction of the Court, and must be physically, mentally, and financially able to care for the child. The biological parent must consent, or the adoptive parent must prove that the adoption is in the best interest of the child, even if the biological parent does not consent. If the child is over 14, the child must also consent. Each adoptive parent must swear and affirm that he or she wants to adopt the child and that they understand that the child will be legally theirs forever. The Court may require the Department of Social Services to complete an investigation if the Court has any concerns about the individual’s suitability.
One exception to the biological parents consent exists if the birth parent has not visited or contacted the child for 6 months without good cause. This means that if the child’s parent disappears for over 6 months, and the adopting party has not intentionally made it difficult to contact the child, then the process is much easier. The intent of this exception is to give children love and security when their birth parent abandons them or does not maintain a consistent presence in their lives.
Clients often ask how long they must wait before a step-parent can adopt their child. There is no set time period, but a good rule of thumb is no less than 2 years after marriage. A step-parent needs to show the Court that he or she is committed to the child and the family for a period of several years before legally stepping into that role as a parent.
Adoption is an exciting and challenging time for many families. You want the best attorney by your side as you navigate the complexities of providing your loved one with the most important concept of all – family.