My new spouse wants to adopt my son from a previous marriage. Are there special adoption rules for stepparents?
In most states, a stepparent adoption is much easier to complete than a nonrelative adoption. The procedure is generally the same as for any adoption, but specific steps are sometimes waived or streamlined. For instance, waiting periods, home studies and even the adoption hearing are sometimes dispensed with in a stepparent adoption. In all stepparent adoptions, however, your ex-spouse will need to consent to the adoption because she is the other legally recognized parent of the child. If your former spouse refuses to consent, the adoption will not be allowed unless her parental rights are terminated for some other reason — abandonment or unfitness, for example.