All About Second Parent & Stepparent Adoption

Over the last several years, with the legalization of same-sex marriage throughout the country, and changing family patterns (i.e. divorce, remarriage, adoption, etc.), instances involving stepparent adoption and “second parent” adoption have become increasingly common. The State of Maryland has its own laws pertaining to both stepparent adoption and second parent adoption. These laws can be a bit tricky, but to learn about some of the basics, read on.

Stepparent Adoption

Most instances of stepparent adoption involve familiar sets of facts: the most common scenario is when a couple with children divorces, one parent remarries, and the child(ren)’s stepparent desires to formally adopt his or her stepchild(ren). Typically, the biggest and most substantial hurdle with stepparent adoption is obtaining consent from the other biological parent. In order for a nonbiological stepparent to formally adopt a stepchild, the other biological parent needs to consent to the adoption. When the biological parent consents in this manner, that parent relinquishes his or her parental rights, including the obligations associated with parenthood (i.e., visitation and child support).

If the biological parent does consent, then the adoption process is fairly straightforward and simply involves a few steps and some paperwork. If, on the other hand, the biological parent doesn’t consent, then achieving the adoption may be quite difficult unless the stepparent can show abandonment, or that the biological parent fails to meet the definition of a “presumed parent.”

Second Parent Adoption

Another increasingly common type of adoption is second parent adoption. When a child is born in the State of Maryland, the law only recognizes the following parental arrangements: one male parent and one female parent, or two female parents. The only way a child can have two recognized male parents is through a so-called “second parent” adoption. A second parent adoption is the formal process whereby a nonbiological parent can attain parental rights, even when the child already has a parent of the same sex as the secondary adoptive parent. In other words, a second parent adoption can enable a male partner to become a parent to a child who already has a male parent. Although this process used to be very complicated, Maryland passed two bills, House Bill 519 and Senate Bill 697, on June 1, 2019, to streamline and simplify the second parent adoption process. Second parent adoption is significant in the context of LGBTQ rights

The stepparent and second parent adoption processes can be complex in their finer points, so it’s generally a good idea to obtain experienced counsel to help you navigate either process.

Regardless of the biological or adoptive bonds between members, love is what truly defines a family. Whether by stepparent or second parent adoption, or any other kind of family creation, a relationship between a child and their loving, devoted parent(s) is a beautiful thing, and on National Adoption Day, Z Family Law celebrates families of all shapes and sizes, and recognizes the more than 113,000 children waiting in foster care to be adopted. If you’re looking to expand your family, consider contacting a qualified adoption attorney today.