Second-Parent Adoption vs. Stepparent Adoption
When a non-biological parent wishes to secure legal rights over a child, they may be able to pursue adoption as a stepparent or second parent. While both types of adoption ensure legal parentage, they come with distinct legal processes and eligibility requirements. Understanding these differences can help LGBTQ+ parents make informed decisions about their families.
To learn more about second-parent adoption vs. stepparent adoption, continue reading or contact our firm today.
What Is a Second-Parent Adoption (Co-Parent Adoption)?
Second-parent adoption in Illinois is a legal process that allows a non-biological parent to adopt their partner’s child.
Second-parent adoption is common for same-sex couples who use assisted reproductive technology to conceive. In most cases, the second biological parent, whether a sperm or egg donor, has already given up any legal claim to the child.
This type of adoption is particularly important for LGBTQ+ couples who want to ensure equal and full parental rights.
Benefits include:
- It secures legal parentage, granting the adoptive parent the same rights and responsibilities as a biological parent.
- It ensures the child has legal protections, including inheritance rights and access to benefits.
To learn more about second-parent adoption, contact our law firm to set up a consultation.
What Is Stepparent Adoption?
Many people ask, “Can a stepparent adopt their stepchild?” The answer is yes, and it’s a beneficial legal decision for all parties involved.
Legal adoption by a stepparent allows them to gain full parental rights. This process typically requires the termination of one biological parent’s rights, unless they are deceased or legally deemed unfit. Additionally, the stepparent must be legally married to the child’s other biological parent.
If a child is at least 14 years old, they must consent to the adoption.
Benefits include:
- After adoption, the stepparent is recognized as a legal parent with full rights and responsibilities. This also means they may be obligated to pay child support if a separation occurs between them and the biological parent.
- Once a stepparent adoption is finalized, the child is entitled to benefits, just like a biological child. This can include things like health insurance, rights to inheritance, and more.
- Adopting a stepchild can give them emotional security and stability. It offers a sense of permanence and commitment.
If you’re considering stepparent adoption, learn more about the process when you contact us at Metz & Jones LLC.
Key Differences Between Second-Parent Adoption & Stepparent Adoption
Marriage Requirement
- Second-Parent Adoption: Not required
- Stepparent Adoption: Typically requires marriage to the biological parent
LGBTQ+ Friendly?
- Second-Parent Adoption: Common for LGBTQ+ couples and heterosexual couples who struggle to conceive
- Stepparent Adoption: Common for both LGBTQ+ and heterosexual stepparents
Legal Protections
- Both adoption types grant full parental rights
Consent Required
- Second-Parent Adoption: Yes, from the biological/legal parent
- Stepparent Adoption: Yes, from the non-custodial biological parent and child (if 14 years old or older)
Background Check Required
- Second-Parent Adoption: No, a background check is not required
- Stepparent Adoption: Typically, a background check is required
Biological Parent’s Rights
- Both forms of adoption require that one biological parent’s rights be terminated. However, in most cases of second-parent adoption, the gamete donor who is not involved in the child’s life has already given up any claim to the child at the time of their egg or sperm donation.
Which Type of Adoption Is Right for You?
If you are a non-biological or non-gestational parent in a same-sex relationship, second-parent adoption may be the best way to secure your parental rights. If you are a stepparent who wants to legally adopt your stepchild, the stepparent adoption process is the best path.
For guidance on adoption for same-sex parents, consult our gay adoption attorneys. At Metz & Jones LLC, we have decades of experience helping families navigate the adoption process in Illinois.
From adoption by step-parents in LGBTQ+ families to second-parent adoption, you can rely on our legal team.
Get Legal Help for Your Adoption Case
Whether you’re considering legal adoption as a stepparent or second parent, working with an experienced lawyer can help ensure the process goes smoothly. Metz & Jones LLC is dedicated to helping LGBTQ+ families in Illinois establish their legal rights.
Contact us today to schedule a consultation and protect your family’s future!
