STEP-PARENT
ADOPTIONS
When a parent of a child marries, the new spouse may adopt the
child, and the child thus becomes the child of both spouses. The adoption
process may include a change of name for the child.
Steps in completing a step-parent adoption include:
(1) If necessary, a Consent to Adoption is signed by the child’s
other parent. It should be signed by the birthmother if the new wife is
adopting the child. If the new husband is adopting the child, it should be
signed by the legal father, if he was married to and living with the mother at
the time of conception, OR if he has lived with, supported, or attempted to
support the child during a statutory period, OR if has established paternity or
filed for paternity and registered with the Putative Father Registry.
If the required consent cannot be obtained, a Petition for
Adoption may still be filed in court and a Citation to Show Cause served upon
that parent. Papers must be personally served upon the parent. If
personal service is not possible, the court, upon showing reasonable effort has
been made, will allow service by publication in a newspaper with circulation in
the area of the parent’s last known address. If the parent does not appear,
their rights are terminated by default. If they do appear, the result will
depend on the circumstances of the case.
(2) After the Petition for Adoption is prepared, adoptive
parents must sign the Petition. If the adoptee is 14 or older, he/she must
consent in writing to the adoption.
(3) A Petition for Adoption is filed in Circuit Court and copies
of the papers are sent to the Oregon Department of Human Services (DHS).
A Criminal Records and Child Protective Service clearance will be done on the
adopting step-parent. Assuming that no record is discovered, a Waiver of
Homestudy will be filed by DHS. If something of serious concern appears
in the record, DHS may require a completed homestudy.
(4) After the Waiver of Homestudy is filed by DHS, a Decree of
Adoption is submitted to the court. You have a choice in that you may have the
Decree signed by the judge and sent to you through the mail, or you may choose
to schedule a Decree Signing Ceremony in the court.
(5) After the Decree of Adoption has been signed, a new Birth Certificate
from the state where the child was born will be issued, showing the adoptive
parents as the legal parents of the child, with the name now chosen for the
child.