| ADOPTION |
Rules and Laws when adopting step children
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If you are in a long term relationship with someone, you may decide that you want to change the legal custody of your partner’s children. If you are thinking of adopting the children then there are several matters that need your careful consideration.
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First, as the legal system for adoption varies from State to State you will need to consult a legal representative to check the requirements of your particular State. Secondly, you need to be aware of the fact that in most States you cannot adopt a child unless both of that child’s biological parents are in agreement. If the biological father is against the adoption then the child would not be available to adopt, although this would depend upon the individual case concerned. If the biological father was dead then as long as you and your partner were in full agreement then there should be no objections to the adoption going ahead. That being said in some cases it might be necessary for an application to be made in order for the deceased’s parents to have access to their grandchild.
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When making any decision that involves custody of a child, its interests and wellbeing should remain paramount at all times. If you and your partner are unmarried then you need to think about the long term outcome of any decision made. If for instance your relationship breaks down then as the legal custodian of the child, although not biologically yours, you would still be legally responsible for the child’s wellbeing. In the event of the death of your partner, then you will end up with sole custody of the child.
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If your partner dies and the child has not been adopted by you, you need to consider the child’s feelings and attitude towards you, if you were to hastily try and adopt the child it could become spiteful or show some resentment against you, thinking you are trying to take your partners place. Another consideration is that of the child’s grandparents, it would be wise to seek their thoughts on the matter, they as blood relatives may have priority rights over and above your own. As with all matters concerning adoption all parties involved should be consulted and of course the legal requirements of your particular State should be adhered to, having followed all the above you can hopefully reach an agreement that is acceptable to all, especially for the good and wellbeing of the child.
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