Re: Stepparent adoption
mondayschild wrote:When a stepparent wants to adopt a child must the biological parent give written permission for this to happen and is a new birth Cert issued with the adoptive parent named?
Assuming that:
A.) The biological parent is still alive and...
B.) they have retained their parental rights (i.e. those rights haven't been previously terminated for some reason)...
then...
1.) they must sign to indicate consent to the adoption or...
2.) there would be a court hearing and it would have to be proven that there is cause to terminate their parental rights.
"Cause" is usually things like physical or sexual abuse, abandonment, etc... The fact that the child or other parent wants it, by itself, doesn't meet the legal threshhold.
The revised birth certificate is an optional (although fairly routine) item. I don't know of anyplace where it is mandated that a new one be issued but you can request it as a part of the adoption process and the courts will almost always agree to it.